THE JIMI TIMBER RIGHTS PURCHASE AGREEMENT

 

Francis Kunai Kinde with the investigation file regarding Jimi Timber Rights Purchase Agreement.

 

 

Story and pictures by TONY PALME

MAHATMA Gandhi once said: "The weak can never forgive. Forgiveness is the attribute of the strong."

This famous but wise quote can be perfectly attributed to Francis Kunai Kinde. 

The former Jimi MP of Jiwaka (2002-07) never gave up but remained calm in his pursuit for claims to the Jimi Timber Rights Purchase Agreement (TRPA) holders who are landowners and beneficiaries. 

Despite criticisms, stiff opposition and personal and political sacrifices he made in a lengthy court battle against the State since 2003, Kunai still saw 'light at the end of the tunnel.'

"The very people that I fought for regarding their timber rights have never trusted me. They thought I was trying to steal their timber rights money and never supported me.

"They challenged me in elections and spread all sorts of false rumours against me which convinced Jimi people to lose trust in my leadership. 

"However, deep in my heart, I knew I fought for my people and I fought it alone and silently with great hope. I have resurrected a dead issue which no one had any clue of.

"This matter has cost my political career and affected me and my family but never one time I got frustrated or showed any emotions. I remained calm and patient all the way.

"Now that this is over, I am a relieved man. I believe in the power of forgiveness," Kunai said.

The legal proceedings came to an end in September 2018 when the National Court ordered the State to pay K85 million plus an eight per cent interest to the eight TRP areas of Jimi, and Komap Mapulgie TRP and Waripa TRP of Enga that joined in the proceedings in 2012. 

Kunai said the Australian colonial administration had acquired over 80, 000 hectares of forest areas in Jimi in 1967 for a 40 year lease (1967-2007) and signed the TRP agreement with the landowners.

A half payment in coins were made to the landowners while half was invested with the State with an agreement for dividends to be paid every ten years.

The lease term expired in 2007 and since then no dividend was paid to the landowners. 

The government has failed to honour contractual obligations as per the TRP agreement. 

Most of the original TRP signatories have passed on but the original receipt butts (cheque book) bearing the names of the agreement holders and amount paid have been kept safe.

Kunai's father, Kinde Nangini, the only living agent of Jimi TRP (Mage investor) and Palant Kamang, the only living agent of Kumung TRP (Atsikai investor) testified of the agreement. 

Kunai's father, Kinde Nangini, the only living agent of Jimi TRP (Mage investor).

In 2003, Kunai and four others started an investigation. The five-men team were; Kunai, late Sir Thomas Kavali, former attorney general Michael Gene, Peter Tei Mark and Thomas Arua.

The team polished a complete report in 2009 and came up with a claim of K54m but the National  Executive Council (NEC) approved only K33m.

Kunai revealed that in 2012, Treasury made a K10m payment to PNGFA but the public curator and a Palgei TRP intercepted and the money ended up in the wrong hands.

"This prompted us to go to court again. We pursued the matter until the State paid Jimi TRP another K10m into the National Court trust account in 2014.

"While that money was pending, the National Court awarded for a payment of K85m.

"The State appealed this decision but on April 28, 2021, this appeal was dismissed and court ordered for the release of the K10m held in the trust account."

Jimi TRP will receive K4.5m while Mapulgie TRP and Waripa TRP will receive the remaining balance.

Kunai reiterated that the country has a very prudent and vibrant judiciary system which ensures that it's citizens receive a fair trial. 

"I am very thankful to my lawyer Jeffrey Abone of Parkil Lawyers, my co-investigators, late Sir Thomas, Lucas Alkan, and the few who supported me to come this far.

"He also paid tribute to late Kelly Kalit and Reuben Kin for joining him in the proceedings in 2012.

"This is a win for our people of Jimi TRP as well as those in Enga who have been denied their resource benefits for too long," Kunai stated.

He urged creditors and service providers to make their claims to the concerned persons or TRPs that they have dealt with and not to generalize it with Jimi TRP.

Amidst all odds of anxiety and distress caused by the legal proceedings, Kunai, the main pursuant, never gave up hope that one day 'What I believed was our timber investment money sitting somewhere in Waigani and we would still get it' has come true.

"I sacrificed my own resources and time to pursue this matter in court without any support in cash or kind from my own people but as a leader I hold no grudges.

"They should be happy now because they will receive their money."

The eight TRP beneficiaries of Jimi are Mage TRP (Tsenga ward), Kumun TRP (Mesa ward), Kitingimbka TRP (Minjim ward), Milma TRP (Kuipil ward), Ambsuki TRP (Yimkema ward), Gindgi TRP (Tumbungi ward), Tsendiap TRP (Tsendiap ward), and Kinint TRP (Maren ward), all in the Middle and Lower Jimi.

A good lesson we can take out from this story is to always forgive and never give up.