In June 2024, the Ombudsman Commission initiated an Own Initiative investigation into the alleged unreasonable delay by a public authority (the “Authority”) to release a disposed asset (a vehicle) to the successful bidder. This delay raised concerns about a potential breach of administrative duty and possible claims for damages.
Preliminary inquiries revealed that in January 2022, the National Procurement Commission (NPC) had facilitated the disposal of the vehicle on behalf of the Authority. The successful bidder had fulfilled all stipulated conditions, including paying the bid price (K10, 900.00), registration fees (K1, 242.75), and freight charges (K7, 383.35). Despite this, the Authority’s regional office had not released the vehicle, keys, or registration papers.
Consequently, the Commission issued a Notice of Intention to Investigate on February 28, 2025, to the Head of the relevant Authority, under Section 17 (1) of the Organic Law on the Ombudsman Commission. Further direct engagements between the Chief Ombudsman and the Head of the Authority in March and April 2025 emphasised the seriousness of the delay.
In response, directions were issued to the Authority’s regional office to immediately release the vehicle to the Ombudsman Commission’s regional office for handover to the new owner. This swift action helped mitigate further administrative and legal repercussions.
On May 9, 2025, the Authority’s regional office released the vehicle papers and keys to the Ombudsman Commission. The Commission then facilitated the vehicle’s release to the new owner’s representative on May 14, 2025.
The Commission commends the Head of the Authority’s cooperation and timely response, which aligns with principles of good governance and accountability. This successful resolution highlights the effectiveness of the Ombudsman Commission’s oversight in ensuring public bodies fulfil their administrative responsibilities and avoid potential legal liabilities against the Independent State of Papua New Guinea.