Home Blog Page 1283

Costly land dispute through court system

0

DEAR EDITOR, I had an experience of 18 years of customary land dispute that went through court system from 2008 to 2018.

The incident was on a tribal land at home, however that 18 years of court process has affected local villagers by disunity, division, frustration, argument and tribal fight among people.

The court process has also brought the land disputing parties into lengthy and costly litigation.

This is when court did not understand “customary land dispute” that falls outside of court jurisdiction.

Thus, the problems identified with the following processes are as follows,

1, Chiefs hearing of land settlement.

  1. a) Chief’s decision has no hand written document just like what the formal courts do.
  2. b) Chief’s decision should be descriptive and narrative records of the proceedings and determination by the chiefs
  3. c) Forms (1) and (2) in the schedule to the Act should be filled by the chief.
  4. d) Chief are lacking training in legal proceedings.

2, Local Court

  1. a) Local court decision must be complete using the provision of or requirements of section 12, (1), (a) and (b) of the local court Act (cap 19).
  2. b) Local court must conduct a land survey and define the boundary and survey report must attaches to the decision.
  3. c) Local court to discharge its statutory chapter under local court act, cap 19, section 13 (a) to (e).
  4. d) Local court justice must often come down to the villages to conduct court on land issues.

3, Customary land Appeal Court

  1. a) The court should not accept to write and issues letters on behalf of a party against another in any issue or dispute involving or affecting customary land or using magistrate office stamp.
  2. b) The court should not issue certificate of no appeal in respect of customary land acquisition.

4, Private lawyer legal service

  1. a) Many customary land cases ended up in High court trials and pending that are waiting for referral to the low courts for more evidences, because the submission is incomplete by the land court requirement.
  2. b) Most parties did not submit complete customary land documents as they use private lawyers legal service to compile their documents by paying lawyers administration fees to do the following.

1) Type in the form of High Court ruling.

11) Write the name of a retired previous chief Justice against the ruling.

111) Using High Court office stamp

I appeal to the government of the day to bring Traditional Governance and Custom Facilitations Bill 2018 to the parliament for approval to solve dispute in Solomon Islands.

Because I didn’t see problems with lands thus, it is with the people.

 

Henry Tabusu

Private sector community educator in North Malaita

Paia’s view on traditional governance draft bill commended

0

TRANSPARENCY Solomon Islands commends Warren Paia’s view on the ill conceived Traditional Governance Bill 2018.

Paia’s view on the bill aligns with concerns TSI raised in its various articles published in the media.

More importantly he raises a very important concern that this proposed bill will weaken and eventually wears away the leadership systems in rural Solomon Islands, a leadership system that is inclusive and appropriate for the communities, tribes where these are accepted by them according to their tradition and practices.

When it comes to land, the proposed bill is gender biased and does not accord women the importance that custom accords them in land matters.

Transparency Solomon Islands attest to Paia’s view that there should not be an alternative to what is already in place in each province.

“As per our argument a possible solution to what this drafting instruction is trying to address is to assist tribes/communities to improve their own structures under the current legislation and the constitution,” TSI said.

“We fully support Mr Paia’s point on expressing the end result of the bill would be thoroughly subjected to Central Government control and regulations and call on right thinking Solomon Islanders to raise your concern on this proposed bill.”

Transparency Solomon Islands understands government frustration when more than 80 percent of land in this country is customary land and does not directly accessible to the government for its development plans.

TSI urges Solomon Islands Democratic Coalition for Change Government (SIDCCG) to conduct wider consultation throughout the country, a consultation that must include, women, youth and all and just the chiefs like in a number of provinces so far.

People must be allowed to also hear opposing views during this consultation and not just what the drafters want them to hear.

–TSI

French envoy pays courtesy visit to PM

0
Prime Minister Rick Houenipwela (right) and Ambassador of the Republic of France to Solomon Islands His Excellency Gilles Favret. Photo from PM Press Secretariat.
Prime Minister Rick Houenipwela (right) and Ambassador of the Republic of France to Solomon Islands His Excellency Gilles Favret. Photo from PM Press Secretariat.

PRIME Minister Rick Houenipwela has met with the non-resident ambassador of France to Solomon Islands His Excellency Gilles Favret, on Wednesday this week.

Prime Minister Hou was informed of an upcoming visit by five French senators who will be visiting the country in September.

The ambassador has also indicated the positive opportunities that both countries can pursue.

Hou and Favret also discussed some of the challenges that Solomon Islands is currently facing.

The Prime Minister said youth population and unemployment are some of the major challenges faced by the country.

Hou said the high rate of youth population in the country is also linked to the challenges with the increase in unemployment.

He acknowledged that the challenge for the government is to create opportunities for Solomon Islanders to be employed and help sustain themselves.

The Prime Minister also highlighted challenges on physical infrastructure.

He said Solomon Islands is scattered and interconnectedness remains a challenge.

The Prime Minister also briefed the ambassador on the progress of the undersea cable project and its positive expectations.

“Apart from the many benefits the undersea cable will bring forward, a faster and reliable telecommunication will also help to unite and connect Solomon Islands,” he said.

Meanwhile, the Prime Minister also conveyed his congratulations to the government and people of France for winning the recent FIFA World Cup 2018 in Russia.

–OPMC PRESS

Outgoing EU envoy pays courtesy farewell to PM

0
PM farewelling the outgoing EU ambassador today.

OUTGOING European Union Ambassador Leonidas Tezapsidis paid a farewell courtesy call to Prime Minister Rick Houenipwela yesterday.

Mr Tezapsidis during the visit explained the reasons behind the EU’s repositioning in the Pacific region.

He said the Pacific region is diverse and EU feels it is more strategic to be operating from a central hub.

He said the central hub will be in Suva which will look after 13 countries in the Pacific region including Solomon Islands.

Despite this new arrangement, the outgoing Ambassador said EU will continue to increase its support to Solomon Islands.

“EU will continue to support the Solomon Islands,” he said.

Prime Minister Rick Houenipwela said EU has always been a friend to Solomon Islands.

However, he said it was unfortunate that EU has made a decision to move away from Honiara.

“It is unfortunate that EU is moving away but I hope they will take time to reconsider their presence in the Solomon Islands,” he said.

The Prime Minister has conveyed his best wishes to the outgoing Ambassador in his future endeavours.

–OPMC PRESS

Growing interest for cattle farming in Malaita

0

BY SAMIE WAIKORI

AUKI

MALAITA provincial agriculture office reports that there is a positive outlook for cattle farming in the province.

The onus is now on the national agriculture and livestock ministry to supply cattle.

A staff from the livestock department under Malaita Provincial Agriculture Office, Mr Carlos Fa’alimae made the statement in light of the growing demand for cattle farming by people in the province.

He said a lot of people have visited their office enquiring and registering interest to farm cattle.

Fa’alimae said every interested person have shown that they have everything and what is left is the cattle themselves.

He said some farmers have already been distributed with cattle and Malaita agriculture office has proved their commitment.

Fa’alimae said all these farmers were working without help from the government, as they met their own expenses to accomplish their interest. They did all they can on their own.

He said there are more than 20 cattle farmers in the province, and most of them are gathering farmers – farming one or two cattle.

Fa’alimae said the office continues to receive positive report from the farmers.

He said apart from those already engaged in the business, there are lots of people coming to their office with the interest of engaging in the business.

Fa’alimae said the office has carefully noted down their interests, and as long as MAL arranges for cattle they would distribute cattle to the interested farmers.

He said they had distributed more than 50 heads of cattle to farmers around the province some time ago.

Fa’alimae said the province’s cattle breeding head at Maoa farm in West Kwaio is reportedly flourishing.

South Bougainville donates to NRH cause

0
Member for South Bougainvile Hon Timothy Masiu handing over the cheque to the Solomon Islands PNG Association President Denyse Ealedona flanked by HC to PNG Barnabas Anga and North Fly MP James Donald and SIPNGA executives. Photo from SIPNGA.

THE Member of Parliament for South Bougainville has donated 40,000 Kina towards the appeal by Solomon Islands community in PNG for the purchase of medical equipment for the national referral hospital in Honiara.

In a media statement, the Solomon Islands PNG Association thanks the Hon Member Timothy Masiu for donating the money towards its appeal.

President of the Solomon Islands PNG Association Denyse Ealedona expressed gratitude towards the kind gesture by Hon Masiu.

The SIPNGA used the occasion of its country’s 40th Independence anniversary celebrations to raise funds towards the purchase of an ECG Machine and a Suction Machine.

Member for South Bougainvile Hon Timothy Masiu handing over the cheque to the Solomon Islands PNG Association President Denyse Ealedona flanked by HC to PNG Barnabas Anga and North Fly MP James Donald and SIPNGA executives. Photo from SIPNGA.

Masiu who was the guest speaker at the 40th Independence anniversary celebrations by the Solomon Islands community in Port Moresby pledged financial support towards the appeal and handed over the cheque to the association during a cheque presentation ceremony on Wednesday this week.

Ms Ealedona said, the Solomon Islands PNG Association is very grateful for the financial support by Mr Masiu, who had also used the occasion to apologise to Solomon Islands for the spill over effects of the Bougainville crisis.

She said, “On behalf of the Association I would like to acknowledge this huge and significant contribution which will go a long way to assist NRH and the people of Solomon Islands.

“Bougainvilleans have always had a long relationship with Solomon Islands given its close proximity and its links to the Shortland Islanders sharing the border.

“We hope that the gesture by Hon Masiu will further strengthen our ties and the long relationship that Solomon Islands has with Bouginville and its people.”

Masiu used the occasion at the Solomon Islands High Commission office in Port Moresby to urge the Solomon Islands people especially at the Border with Bougainville to continue to foster harmonious relations .

He said he has been in contact with the Solomon Islands Reconciliation Task Force team and his officers will be joining the team for mediation talks and set dates for reconciliation with the Bougainville people.

“I want this to happen quickly because this should have been the first thing to happen for people to reconcile and bring back for us to reconcile.”

He thanked the Solomon Islands people for their relationships and support during the crisis period to today.

–SIPNGA PRESS

Trio sentenced to imprisonment for causing disturbance in Honiara

0

THREE male persons have been sentenced to four months in prison after they were found guilty by the Honiara Central Magistrates court on July 23, 2018 for causing disturbances at Lengakiki in West Honiara on July 22, 2018.

The trio was playing very loud music from the booth of their car causing disturbances to the nearby residents that night.

“The defendants were warned twice by a member of the community to turn their music down, but did not comply,” says Provincial Police Commander Honiara City, Chief Superintendent Alfred Uiga.

“Police officers were notified of this report and the trio was arrested and charged for the offence of Common Nuisance contrary to Section 172 as read with Section 21 (a) of the Penal Code and were brought to court and found guilty of the charge.”

They were all sentenced to four months in prison.

“Common nuisance is an offence that is commonly committed by many especially at night time causing disturbances to community members.

“I urge members of our communities to continue to work together with the police to curb such unwanted practices,” says Uiga.

–POLICE MEDIA

People reminded to take heed of procedures involved when reporting corruption

Deputy Prime Minister Manasseh Sogavare

By Gary Hatigeva

PEOPLE who will be involved in or will choose to report matters of corruption to the Anti-Corruption Commission or Integrity officers have been reminded to take note of procedures and requirements that come with the new Anti-Corruption Legislation.

Deputy Prime Minister and the MP who had championed the AC Bill to its realistion, and now passed, Manasseh Sogavare made this reminder, following questions of anonymity raised in parliament yesterday, in relation to the AC Bill.

The DPM and Finance Minister reminded that people who will make complaints must be prepared to face it, and therefore take heed of the fact that their identity will at some point along the investigation, be revealed.

In his contribution on the area of anonymity, the Member of Parliament for Aoke Langalanga, Matthew Wale suggested for the identity of the complainant so that the accused know who their accusers are.

Also sharing similar sentiments, the Leader of Opposition and Member of Parliament for East Malaita, Manasseh Maelanga highlighted that the issue of revealing the identity of accusers should be well spelt in the bill because the accused has the right to sue people for what might be seen as defamation of characters.

He said so many have used similar opportunities to tarnish others only because of jealousy and personal grudges, as well as petty issues.

“That is why this issue needs clear indications as to how the clauses are laid in the proposed legislation regarding the issue of anonymity.”

In addition, Member of Parliament for Shortlands, Chris Laore questioned whether people with special needs especially, those who can’t speak for themselves, if the bill has captured the recognition of usage of sign languages for their reporting of complaints.

Meanwhile, the Attorney General, James Apaniai in support the Deputy Prime Minister’s explanations, referred to clause 57 in the Act, as a defence for officers to disclose identity of complainants in the process of the investigation of reported cases if required.

The Attorney General added that in the case where officers of the commission tempered with the information or secrecy of complainants without approval or being required, those who wish to take legal actions due to damages felt, the subjected persons can camouflage the AC Commission in it.

Therefore, people who feel their rights have been abused and images been tarnish, can take action against the commission in general and not the officers.

This is similar in nature in the case where information to protect both the anonymity and the matter against the accused are leaked through lower ranked officers, take for example, by a cleaner, the Prime Minister said it is the officer who carelessly left the documents exposed, will be held responsible.

National referral hospital still without blood analyser machines

National Referral Hospital

By Alfred Sasako

THE National Referral Hospital (NRH) is still without blood analyser machines, despite government assurances that the storm over drugs shortage has blown over, it was revealed this week.

“The NRH is without blood analyser machines. Clinicians are now relying on a private laboratory and manual analysis, which takes a lot longer for the result to come through,” sources told Island Sun.

Despite the urgency to get the machines, the procurement requirements by the Ministry of Finance and Treasury in buying the machines are adding delays to these life-saving machines to Honiara, NRH Chief Executive Officer, Steve Aumanu, told Island Sun from Fiji on Wednesday night.

“For reasons of wear and tear over prolonged heavy usage, three laboratory analysers broke down at different times during the last 6 months. This is unusual and very unfortunate,” Dr Aumanu said.

“These analysers are: 1 Haematology 2. Biochemistry and 3. Electrolyte,” Dr Aumanu who is on annual leave told Island in an email from Suva.

“NRH Laboratory services are affected and tests are being done manually or are being sent to VanuLab (private lab) for analysis whilst steps were taken to find funding to procure new replacement analysers,” he said.

“Other tests not at all done here have always been sent to Australia.”

“The services provided to NRH by the VanuLab are at times irregular and costly but they are analysing patient blood tests in the meantime and supporting the NRH Clinicians,” Dr Aumanu said.

He blamed reduced funding for what is what is happening at the NRH, which he said was allocated only $3 million in our Development Budget for 2018 which has been used for other priorities at the beginning of 2018.

“This is the budget line for such capital Medical equipments,” he said.

“Faced with this no-funds problem, I sought direct consultation with the Prime Minister’s Officials to source direct funding approval to purchase these three life-saving analysers.

“In less than a week, through a cabinet paper; Cabinet approved funding under Contingency Warrant (CW) of about NZ$238,200.00 to purchase the three analysers.

“This cabinet approval was confirmed in the second week of July.

“I was extremely happy but it is the SIG Procurement process/ Finance instructions that must be complied with and that frustrate everyone. The procurement process is now being progressed through Ministry of Health and Medical Services and Ministry of Foreign Affairs and Trade.

“These analysers will require REAGENTS to function. There is SBD$2M for this sitting with National Medical Stores budget which must also be sourced separately to procure these specific reagents.

“Again, I am doing the right things always with concern and urgency but the normal Finance, Procurement compliance SIG systems are beyond my control,” Dr Aumanu said.

“… if NRH ( CEO) has powers over its own budget; I can react briskly to the regular emergencies occurring at NRH without having to face these delays which are unacceptable for a Hospital.

“There is so much that needs to be done for the NRH ( I can give a whole lecture on these needs) but there is not enough resources allocated to it every year in the budget. In fact NRH Budget continues to be reduced.

“Maybe the recent medicines & supplies ‘commotion’ and the NRH Visit by (the) Prime Minister was an opportunity for the public to demand better resourcing to Health and NRH,” Dr Aumanu said.

MPs urged to help in drug shortage

Acting City Mayor Eddie Ngava has called on members of Parliament to provide support towards medical drug shortage.

BY MAVIS NISHIMURA PODOKOLO

Acting City Mayor Eddie Ngava has called on members of Parliament to provide support towards medical drug shortage.

ACTING City Mayor Eddie Ngava has called on members of Parliament to step in and render support in the national issue – medical drug shortage.

He expressed this sentiment at the officially handing over of medical supplies by Namson Tran (MP for West Honiara) to three clinics in his constituency.

Ngava said the donations of the medical drugs are from one MP but if the 49 others step in with the same initiative it will lessen the country’s medical crisis.

“Hence I hereby challenge the other Parliamentarians who if on their own way rendered support to our clinics in each of the constituency then we’ll have gone a long way,” he said.

The total cost of the medical drugs is $250,000 and this amount of money came directly from Tran’s personal funds, purposely to help address the country’s drug shortage problem.

The three clinics Tran supported are Mbokona Clinc, Rove Area Health Centre and Whit River Clinic.

The medical drugs supplied to Mbokona Clinic include; Benzathine Penicillin injection 24s, Cloxacillin Capsules 250mg 1000’s, Cloxacillin Susp 125mg/5ml 100ml,Sterile Water for injection, Needle gauze #23, Salbutamol inhaler 5mg 500’s, Crepe Bandage 10cm x 5m, Crepe Bandage 7.5cm x 5m, Crepe Bandage 5m x 1.5m, Procaine Penicillin 24’s, Paracetamol 500mg 1000’s, Paracetamol 100mg 1000’s, Septrin tablet 480mg 1000’s, Cotton Wool roll 50g, Ibuprofen tablet 200mg 1000’s, Magnesium Trisilicate tablet 1000’s, Zinc Oxide plasters 6’s.

Rove Clinic with; Amoxicillin Capsule 250mg, Amoxicillin Suspension 125mg/5ml, Benzathine Penicillin 24’s, Chloramphenicol Eye Drop, Cloxacillin Capsules 250mg, Cloxacillin Susp 125mg/5ml , Cotton Wool roll 25g, Cotton Wool roll 50g, Dispensing Bags (ctn), Guaze Needle #21, Guaze Needle #23, Ibuprofen tablet 200mg 1000’s, Paracetamol 500mg 1000’s, Parafin Gauze, Penicillin V tablet 5mg 500’s, Zinc Oxide Plaster, Prednisolone tablet 5mg 500’s, Procain Penicillin 24’s, Salbutamol inhaler, Septrin/Cotrimoxazole tablet 480mg 1000’s, Sterile Water for injection 5ml, Crepe Bandage 10cm x 5m, Crepe Bandage 7.5cm x 5m, Crepe Bandage 5m x 1.5m.

White River clinic with; Cloxacillin Capsules 250mg 1000’s, Cloxacillin Suspension 125mg/5ml 100ml, Amoxicillin Capsule 250mg 1000’s, Amoxicillin Suspension 125mg/5ml 100ml, Erythromycin Tablet 250mg 1000’s, Benzathine Penicillin injection 24’s, Salbutamol inhaler solution 5ml, Chloramphenicol Eye Drop, Crepe Bandage 10cm x 5m, Crepe Bandage 7.5cm x 5m ,Crepe Bandage 5m x 1.5m, Ibuprofen tablet 200mg 1000’s, Sterile Water for injection 20’s, Cannula Yellow 25 gauze.