​PNG Justice Shakes the Nation: Yafai Guilty, But Who Else Will Fall?

Prime Minister James Marape's footnote by then Finance Minister that time authorized payment.

Commentary by George Lemako
On 19 August 2025, Chief Justice Sir Gibbs Salika delivered a landmark verdict in CR (FC) No. 95 of 2024, State v Jacob Yafai. The former Deputy Secretary of Finance was found guilty on five counts of misappropriation totaling K41.8 million. The judgment was a major strike against corruption, but it left bigger questions unanswered about those whose names surfaced during the trial.

Significantly, Sir Gibbs chose not to rely on three written directives signed by then–Finance Minister James Marape, now the Prime Minister. Those notes, which appeared to authorize payments to Paul Paraka Lawyers, were excluded on legal grounds. The decision underscored the court’s refusal to take on the role of investigator, reserving that responsibility for police or ICAC.

The prosecution showed that Yafai failed to verify legal claims before authorizing payments. Under the Public Finance Management Act, such verification is mandatory. Without it, the K41.8 million in payments were deemed unlawful, and Yafai’s actions were ruled dishonest under the Criminal Code.

Court evidence included directives written between September and October 2012. One note from Marape on 5 October 2012 read: “Please peruse, verify and settle.” But Sir Gibbs ruled these memos irrelevant to Yafai’s guilt. A minister’s note, he stressed, cannot override statutory duties, nor can courts compromise impartiality by weighing ministerial influence.

Prime Minister Marape later claimed that he verbally instructed a halt to payments in March 2025. Yet the court dismissed this claim, pointing out that no record of such instructions existed and that payments were made regardless. Yafai’s guilt was clear—his failure to act lawfully could not be excused by alleged verbal orders.

The judgment reaffirmed judicial independence and constitutional boundaries. It signaled that the judiciary must apply the law, while questions of political accountability must be pursued elsewhere. For over three decades, Sir Gibbs has built a reputation as a judge unshaken by political pressure, and his ruling reflected that integrity.

But the case does not end with Yafai. Names such as Peter O’Neill, James Marape, and Don Polye surfaced in the proceedings. Whether they were complicit, negligent, or uninvolved, the people of PNG demand clarity. True justice means no person—no matter how powerful—is beyond scrutiny.

Transparency is now vital. Citizens must be kept informed about ongoing investigations, sentencing, and possible police probes. Restoring stolen funds is equally critical—redirecting K41.8 million back into schools, hospitals, and roads would prove that justice is not just symbolic but practical.

The Yafai trial also exposes deeper structural failures. Weak oversight, flawed audits, and a lack of whistleblower protection allowed corruption to thrive. Without reform, PNG risks repeating the same cycle of theft and cover-up. Stronger institutions and protections are the only way forward.

Sentencing is still pending, and the political ripples are far from settled. The conviction of one official is not the end of the story. PNG stands at a crossroads: will the country dig deeper into the truth, or will it settle for a single scapegoat? The next steps will reveal whether this verdict sparks real reform—or fades into another lost opportunity.

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