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The political dimensions of a corruption cleanup

Mass resignation threat
Magistrates on stand-by to quit jobs over housing allowance, no response from Gov’t
By Alfred Sasako
GOVERNMENT lawyers in the Magistrates Court have threatened to resign en masse unless their housing allowance is increased to $7,500 a month immediately, sources told Island Sun.
The threat was contained in a letter sent to Secretary to Cabinet (STC), James Remobatu about a month ago. It is understood the Chief Justice was also copied in on the letter.
But to date there has been no response by the Government.
Mr Remobatu was sent an email yesterday afternoon about the matter but there was no response from him.
It is understood lawyers serving as Magistrates are receiving $5,000 in rentals per month.
However due to price increases in accommodation rentals, the lawyers now feel the current rental allowance is not sufficient.
As a result, they have asked the government to consider raising the rate to $7,500 a month. It is understood this week is the deadline.
Many are understood to have lined up outside jobs with better terms and conditions.
“They have threatened to resign en masse if their request is not approved. Should that happen it would be a huge blow to the courts, which in the 18 months has seen a huge increase in criminal cases,” one observer told Island Sun yesterday.
“Cases of rapes and other criminal activities have increased substantially in the last 18 months and no one seems to place a finger on the reason(s) for this.
“It could well be that policing has been effective or that individuals have become aware of their rights and report these to police,” the observer said.
The observer said should Magistrates resign en masse, there would a huge backlog in cases.

Abuse in PFMA
BY CAROL-ANNE SULEGA
THE Opposition says there has been abuse in some of the provisions of the Public Financial Management Act.
Leader of the Official Opposition Hon Jeremiah Manele made the statement on the floor of Parliament yesterday.
He made the statement in response to the Minister of Finance and Treasury Hon Snyder Rini’s second reading speech on Tuesday.
“Mr. Speaker, in his Second Reading Speech yesterday, the Minister as expected has outlined the legal basis and framework for the Supplementary Appropriation Bill before the House.
“These include section 102(3) of the Constitution and sections 51, 58, and 60 of the Public Financial Management Act.
“Sir, I have no difficulties with these provisions.
“My difficulty is that we have been abusing some of these provisions due to deficiencies in our planning and budgeting capacities, as well as our inability to work and live within our means.
“This is not a predictable world but a few of the expenditures that keep on appearing in our supplementary appropriation bills including the one before us, are not unforeseen but forseen ones, expenditure or commitments that we knew in advance hence should have budgeted for them in the original budget,” the Leader of the Official Opposition said.
He then added that they knew three years ago that RAMSI was going to leave us at the end of June 2017, well before the 2017 budget launch and formulation in 2016.
This was also outlined in various amendments and adjustments to the original 2017 Supplementary Appropriation Bill 2017, that the Minister has outlined in his speech.
“I am sure these changes will be clearer when we go through the various heads and tables during the Committee of Supply.
“Mr. Speaker, the issue of shifting funds or reallocation of funds between budget heads to meet expenditure as raised by the PAC in its report, is a serious one,” Manele added.
He then further stated that this has the potential to undermine the credibility of the projects and programs in the development budget.
“If in deed these are savings then it could mean that the projects or programs in the development budget were either over costed or the Ministry concerned lacks the capacity to implement the project, hence cannot spend the funds,” Hon Jeremiah Manele said.

Donated equipment and medical supplies for the NRH being held up

Reported unrest at Kazukuru Lipa point

PM speaks out
Promises new version of anti-corrupt bill next Parliament sitting, accuses Opp of inciting anti-gov’t atmosphere
PRIME Minister Manasseh Sogavare has rebutted the Opposition, labelling their outcry on the withdrawal of the Anti-Corruption Bill 2016 as ‘shocking’ and ‘completely unnecessary’.
Instead, he counters that the Opposition had cunningly tried to prevent the withdrawal of a bill which they had known fully well to be weak and easy to be manipulated.
He adds that the Opposition had intended to lure public into thinking that both he and his government had gone back on their promise to fight corruption.
However, in a media statement, Sogavare reiterates that the withdrawn bill was weak and had to be completely withdrawn to make way for a newer version which carries improvements from recommendations by the Bills and Legislations Committee (BLC).
The new version he says is fool-proof compared to the withdrawn bill, and contains huge changes that promotes its integrity.
He reassures the nation that the new version of the Anti-Corruption Bill will be tabled in the next sitting of Parliament.
According to PMO statement, “The furore about the withdrawal of the Anti-Corruption Bill 2016 was completely unnecessary and strongly gave the impression that the Prime Minister and the DCC Government is reneging on its promise to fight corruption.
This perception is absolutely misleading and manifestly incorrect.
The Prime Minister would like to reassure the Public that the Democratic Coalition for Change Government is committed to ‘the fight against corruption’ and that the Anti-Corruption Legislation remains the top priority of the DCCG.
It must be noted that the Anti-Corruption Bill (ACB) is part of an Anti-Corruption legislation package which includes the Ombudsman Act 2017 and the Whistleblowers Protection Bill.
Ombudsman Act 2017 has been passed by Parliament and the Whistleblowers Protection Bill is still in Parliament.
Why was it withdrawn?
The Anti-Corruption Bill 2016 that is now before Parliament was initially approved by Cabinet before submitting to Parliament.
“As a matter of process, all bills must be presented for scrutiny by the Bills and Legislation Committee, a Standing Parliamentary Select Committee, before it is presented in Parliament for debate.” The Prime Minister stated.
The Bills and Legislation Committee (BLC) consists of the following persons:
(1) Hon Connelly Sandakabatu- Chairman
(2) Hon Dr Culwick Togamana
(3) Hon Rick Houenipwela
(4) Hon Jeremiah Manele
(5) Hon Namson Tran
(6) Hon Matthew Wale
(7) Hon Steve Abana
(8) Hon Dr Derek Sikua
(9) Hon Commins Mewa
(10) Hon Peter Tom
Having gone through Bills and Legislation Committee (BLC), a Report was produced which contained recommendations on the ACB. The executive summary of the Report stated, inter alia, the following:
“The Bill proposes to establish the Solomon Islands Independent Commission against Corruption (SIICAC). An authority that is tasked to receive, process, investigate and refer for prosecution any corruption complaints referred to it by the public and or whistleblowers.
From the outset, the Committee believes that the Bill was hastily drafted and has not gone through a thorough robust consultation. The Committee is of the firm view that a better and more effective model was not considered in the consultations. As a result, the oversight model proposed in the bill may not be the best to combat corruption in Solomon Islands.
Some of the clauses proposed in the Bill could weaken the integrity of the Commission such as; the membership of the nominating Committee who are politicians or politically appointed and the process for their appointment, the non-inclusion of provisions against unjust enrichment, the vulnerability of the Commission as a result of the necessary budgetary process and resourcing, and the use of custom as a defence.
The Committee makes sixteen (16) recommendations under this Bill and urges the Office of the Prime Minister and Cabinet (OPMC) as the sponsors of the Bill, to seriously consider the recommendations and make the necessary amendments.”
A full copy of the Report can sourced from the National Parliament or online at www.parliament.gov.sb. It must be clearly stated that the Report did not recommend the Bill for Parliament as stated by the Opposition in Parliament on Monday 28th August 2017.
Not only were recommendations provided by BLC but independent reviews were also conducted which provided recommendations.
As such, a decision was made to withdraw the ACB which has gone through its first reading, simply because of the amount of proposed changes to be made to the 2016 version.
It must also be noted that the proposed changes to several clauses in the ACB contained substantive changes and they are necessary.
These include changes, inter alia, to:
(a) the qualification of would-be Commissioners and duration of their appointments;
(b) members of the Select Committee to scrutinise applicants and recommend appointment of Commissioners;
(c) recognition of the role to be played by the Steering Committee overseeing the National Anti-Corruption Strategy implementation;
(d) improvements to the way complaints are handled as well as when investigating them;
(e) procedure to return proceeds of corruption;
(f) reinstating section 374 of the Penal Code – Corrupt Practices and 375 of the Penal Code – Secret Commissions on Government Contracts which were meant to be repealed in the 2016 version of the Anti-Corruption Bill;
(g) as well as a number of drafting improvements to the Bill.
These changes have already been made to the ACB and because there are numerous and substantive changes to the 2016 version, the Office of the Prime Minister and Cabinet agreed with the opinion of the Attorney General’s Chambers that it will be better to present an entirely new Anti-Corruption Bill.
“Technically, the Government cannot commence the legislative process of this newer version of the Bill while the 2016 version of the Bill is still alive on the agenda of Parliament.” Said the Prime Minister.
Like all other Bills, Cabinet needs to approve the newer version of the Anti-Corruption Bill before it is transmitted to Parliament for enactment. But Cabinet cannot consider a newer version of the Bill unless the 2016 version (already ‘on the floor of the House’) is totally withdrawn.
This session of Parliament presented the opportunity for the Prime Minister to do exactly that.
“With Parliament approval obtained this week, the Cabinet is now ready to consider the newer version of the Bill so it can be ready for the next sitting of Parliament.” The Prime Minister added.
Position of the Opposition
The position taken by the members of the Opposition and Independent group is quite disturbing.
Out of the ten members of the BLC who saw the Bill as weak, recommended that a lot work needed to be done to strengthen the Bill and that the Bill needed necessary amendments, eight (8) voted NO to withdrawing it.
Therefore, having advocated for a more robust legislative regime including making amendments, the Member of the BLC themselves voted to have the Bill kept in Parliament for Parliament to pass.
Therefore as a consequence, by voting no to the withdrawal, the Opposition and Independent Members wanted to keep in parliament a bill that could contain loopholes and a weak bill.
By voting no, the Opposition and Independent Members clearly are advocating for a bill that they can easily exploit. None of the Opposition Members nor Independent Members advocated for an improved bill. That is quite disturbing.
“Is the intention of the Opposition to ensure that a weak bill is passed so they (Opposition Members and Independent Members) can exploit it? Is it the intention of the Opposition and Independent group to ensure that they exploit the loopholes in the Bill?”
“So whose interest are they advocating?” The Prime Minister questioned.
What is next?
The DCC Government wishes therefore to assure the country that the new version of the Anti-Corruption Bill will be brought to Parliament for enactment during the next sitting of Parliament.
“This is a commitment – a crusade – the DCC Government had pledged to pursue and we will deliver on it as we have promised in our manifesto”, Prime Minister Sogavare said.
–OPMC PRESS

Environmental sustainability

Serving the charitable needs of the Solomon Islands

Micah ruled out of first leg in Auckland

By Romulus Huta
NATIONAL soccer coach Felipe Vega-Arango Alonso has confirmed that key attacker Micah Lea’alafa will not play in the first leg of the Stage 3 Finals of the Oceania World Cup against the New Zealand All Whites tomorrow in Auckland.
This follows the delay of the midfielder’s visa to enter New Zealand where he was not able to travel with the team when they left Honiara on Sunday.
However, the Spaniard said he had already worked out a replacement and at the moment he is not counting on Micah given the visa delay problem.
Micah is one of the key players in Alonso’s line-up and also a regular starter.
“Micah is not going to be here. I don’t think so. I’m not counting on him and I will have to switch one position to cater for his absence,” he said.
Alonso stressed that everything happens for a reason and Micah’s absence will make room for others to come out and show to the world that they can go on to the next level.
“I don’t think that the players see that as an opportunity because life is strange and everything happens for a reason.
“Maybe that opens up for someone to show to the world he can go to the next level. I think it’s going to be good for us,” he said.
The match this Friday will kick off 6.30pm (Solomon Islands Time) at the QBE Stadium and Alonso already knew what’s at stake going into the match and also what’s in front of them.
“The players have been training hard. I think they are concentrating a lot on the opportunity they have in front of them.
“They understand the game they are going to play.
“They understand they are going to play against a professional team.
“They understand it’s going to be tough.
“They understand that it’s a good opportunity for them to show themselves to all the coaches, to all the clubs and it’s also an opportunity to showcase their level of football because they are coming from an amateur setting. They want to progress and be better at football so it’s a great opportunity,” he explained.
Alonso added that New Zealand hasn’t lost a game in the region for quite a while and indicated zero comfort level for Solomon Islands but all they need to do is just step up and be positive.
The Spaniard had ruled out cold weather as an important factor to worry about ahead of the game but it’s the difference of the players in the two teams which really matters.
“Practice this week has been good because the most important thing was to adjust to the weather and to the field conditions and luckily it’s not been that cold and at this moment I don’t think the weather will be a too much of a factor. I think the important factor is the difference of the level of players in both teams. The weather, I don’t think it’s going to be too much,” Alonso stated.
The second leg of the Oceania finals will be played in Honiara Tuesday next week.



