Alternate Dispute Resolution helps end Wabag market woes

After four years of legal battle over the disputed new Wabag town market and related projects, the disputing parties have finally reached an agreement.

This followed a successful week of mediation between Wabag District Rural Holdings Limited (WDRHL) headed by former Wabag MP, Sam Abal (Plaintiff) and Wabag District Development Authority (WDDA) and the Enga Provincial Government (EPG) headed by Wabag MP, Robert Ganim (Defendant) and two of his three LLG Presidents; Roy Kipalan, Wabag Rural LLG, and Kennedy Lemban, Wabag Urban LLG.

The satisfied parties applauded the process of the National Court’s Alternative Dispute Resolution or ADR, an option which is continuously and effectively proven to be the way forth for many dispute settlement in Papua New Guinea today.

The parties thanked the mediators headed by Justice Ambeng Kandakasi, Deputy Chief Magistrate and Acting judge, Mark Pupaka, and Senior Magistrate, Regina Sagu for their time and effort in successfully facilitating the long standing dispute which has had detrimental effect on the lives of people of Enga.

WDRHL was a company formed in 2009 by Sam Abal through the then Joint District Planning and Budget Priority Committee (JDP&BPC).

More than K20 million of the Wabag district funds were used in the purchase of earth moving equipment that were used in the construction of the Wabag – Maramuni road, construction of the new Wabag town market, construction of the new chicken abattoir, and construction of a vegetable depot in Wabag town.

After Robert Ganim succeeded Sam Abal in the 2012 legislative election, Abal took out a restraining order (OS 654 of 2012) preventing Ganim to continue on these district projects.

No formal market over these years prompted upsurge of road side selling in Wabag town resulting in three deaths from traffic accidents. Yet alone, growing anxiety among the people of Enga over these projects.

Until May 3, 2016 the disputing parties had finally agreed to resolve the issue through a National Court sanctioned ADR, which agreement terms include: 

  • WDRHL was transferred to WDDA;
  • Wabag MP Robert Ganim succeeded as Chairman of WDRHL board;
  • New board members to be appointed;
  • Wabag market project was transferred to EPG;
  • Chicken abattoir and vegetable depot projects to be managed by a separate company to be formed by Pawas landowners (LO’s); and
  • WDDA to have share in this LO company through ownership of equipment and assets.

Justice Ambeng Kandakasi has described this ADR as “first in the history” where a former and a current MP (political rivals) were humbled to come together and be able to resolve a long standing dispute all for the good and betterment of the people of Enga. 

Author: 
Cyril Gare