Minister for MoFR putt off postponement of felling license A10112 pending ownership dispute resolution

BY EDDIE OSIFELO

MINISTER Dickson Mua Panakitasi of the Ministry of Forest and Research has issued a response to the appeal made by Southern Enterprises Sawmilling Company Limited (the “Appellant”) regarding the suspension of their felling license A10112.

Southern Enterprise Sawmilling Company Ltd is a licensee of Graceland Logging Company Limited that encroached and carried out illegal logging on customary land on Sulukoko in Small Malaita.

Minister Panakitasi’s decision comes after a comprehensive review of the case and a careful examination of the facts.

The suspension of the felling license was based on allegations of breaches of license terms and conditions, as well as violations of the Forest Resources and Timber Utilization (Felling Licenses) Regulations 2005. The Appellant had appealed the decision of the Commissioner of Forest, and Minister Panakitasi, exercising powers under Section 39(2) of the Forest Resources and Timber Utilization Act, considered the appeal.

The Minister noted that the Respondent had issued a ‘show cause’ notice on June 30, 2023, to which the Appellant responded on July 6, 2023. However, the Respondent remained dissatisfied with the Appellant’s representation, leading to the suspension of the felling license on July 17, 2023, citing breaches of Regulation 10(c) and (e) of the Forest Resources and Timber Utilization (Felling Licenses) Regulations 2005.

In the appeal submitted on July 31, 2023, the Appellant argued that the Respondent had erred in law by suspending their felling license despite the representation made on July 6, 2023. They claimed to have entered into an access agreement with George Kio, who had been appointed as the ‘care taker’ of Sulukokolo customary land by Chief Marawa, the only Chief and traditional leader, in the absence of the Complainant party.

Minister Panakitasi, however, found a lack of evidence to support Chief Marawa’s appointment and authorization of George Kio as the ‘care taker.’ Chief Marawa himself denied granting any consent, authority, or appointment to George Kio to act on behalf of the Sulukokolo tribe. The Minister concluded that the signing of the access agreement, leading to encroachment and tree harvesting within Sulukokolo customary land by the Appellant and Grace Logging (SI) Ltd without proper authorization, could potentially constitute trespass and illegal felling.

Regarding the ownership of Sulukokolo customary land, both the Appellant and the Complainant disputed each other’s claims without providing concrete evidence of ownership. However, the Minister pointed out that Chief Marawa’s denial of appointing a ‘care taker’ over Sulukokolo customary land indicated that there was no dispute over ownership, as the ownership had been clearly known by the parties concerned.

In light of these findings, Minister Panakitasi has decided to exercise his powers under Section 39(2) of the Forest Resources and Timber Utilization Act to defer the suspension of the Appellant’s felling license A10112. His orders are as follows:

[a] The appeal made by the Appellant is acknowledged, and the decision over the Appellant’s appeal is deferred, subject to the outcome of the settlement of the encroachment into Sulukokolo customary lands.

[b] The Appellant and Grace Logging (SI) Limited are urged to settle the issue of encroachment and trespass on Sulukokolo customary land without the permission of the Sulukokolo tribal landowners.

[c] In the event that the above conditions are settled, the suspension order issued by the Respondent may no longer have any effect, and the license may be reinstated accordingly.

Minister Panakitasi assures all parties involved that this decision is made with the utmost consideration of fairness and justice in mind. The deferment of the suspension allows for the resolution of disputes and ensures that the interests of all parties are taken into account.

This decision is seen as a balanced approach to a complex issue and aligns with the provisions of the Forest Resources and Timber Utilization Act. The Minister’s commitment to a just resolution of the matter has been commended by stakeholders.

BY JENNIFER KUSAPA

CHINESE embassy in Honiara is saying that few people are keen to spread misinformation out of political purposes.

This statement was made in response to claims that replica guns imported into the country from China are, in fact, real firearms and not replicas as previously reported.

Responding to the claims that was widely circulated in previous days, Chinese Embassy said since the launch of policing cooperation between China and Solomon Islands, a number of fruitful assistance and training programs are carried out.

They said the cooperation are based on the principles of “professionalism, efficiency and friendliness” and “openness, transparency and goodwill,” China will continue to provide support within its capacity to Solomon Islands, in accordance with the wish and needs of the country to help it to achieve long-term peace and stability.

The policing cooperation has improved law enforcement capabilities of the RSIPF, and played a positive role in promoting stability of the country.

The cooperation is widely welcomed by the people of Solomon Islands, and positively reported many times by the SI media.

Meanwhile, Commissioner Mostyn Mangau reiterated that the replica firearms, consisting of 95 replica rifles and 92 replica pistols, are not designed to fire live ammunition. They are intended for training purposes and have a similar weight to real rifles and pistols. The RSIPF received a donation of 60 plastic rifles and 150 plastic pistol training aids from the People’s Republic of China (PRC).

He said that the truth remains, the consignment are imitation firearms from China for Training Purposes. These replicas were not smuggled or concealed and was cleared as per Process.

“Solomon Island is a sovereign country and when it comes to security we must be sensitive about police capabilities. There is nothing to conceal or hide regarding these replica guns. These things do not in any way threaten the security of this country so far, except they are as good as helping RSIPF in building its tactical knowledge and capabilities,” Mangau said.

RSIPF officers have been undergoing training with the replica guns since their arrival, and these replicas will continue to be utilized for training purposes. It is crucial to ensure that facts are verified.

By EDDIE OSIFELO

A contentious debate has emerged in the Malaita Outer Islands (MOI) as an outspoken resident, Lawrence Makili, questions the timeline provided by the Electoral Commission for the voter registration process in his constituency.

The Electoral Commission had initially allocated a narrow timeframe, from September 4 to September 10, 2023, for voter registration in MOI.

However, Makili contends that this timeline is unreasonably short, given that a significant number of eligible voters are still located in Honiara.

Underpinning Makili’s argument is the Electoral Law’s prescribed registration period, which extends from September 4 to 29, 2023.

He emphasises that the delay in constituents returning to their electoral district was not due to their negligence but rather a result of inadequate transportation provisions by the government, notably the Franchise shipping service.

Makili anticipates that some voters may still travel to MOI to participate in the registration process, possibly boarding the MV Carolina tomorrow or Friday.

His concern also extends to the allocation of funds for the election process, particularly Australia’s substantial million-dollar contribution.

He queries the whereabouts of these funds and questions why they haven’t been effectively utilised to facilitate a smoother registration process during the designated period.

In response to Makili’s concerns, the Electoral Commission has offered an extension to the registration period. They have assured Makili that the chartered vessel will remain in MOI for an additional two days, allowing more time for constituents to register. The vessel is scheduled to return with Registration Officers on Monday.

To address the ongoing issues and concerns raised by residents like Makili, the Electoral Commission has planned a Media Press Conference for today.

This situation underscores the importance of careful planning and logistical arrangements for election processes, especially in remote and geographically challenging regions like MOI.

Court dismisses case challenging validity of extension of current parliament

BY JENNIFER KUSAPA

High Court has struck out the case challenging the extension of the life of the current parliament.

Chief Justice Sir Albert Palmer ruled in favour of the Speaker of Parliament, Governor General and Prime Minister, upholding their application to strike out the case questioning the process of the constitutional amendment to the extension of parliament.

This case was raised by the Leader of the Parliamentary Independent Group, Dean Kuku, on whether two separate readings were required to alter a provision of the constitution under Section 61(3) of the constitution and if these readings can take place at the Third Reading.

Additionally, he questioned whether the final voting required for the valid and lawful passage of the Constitution (Amendment Bill 2022) can only occur at the Third Reading.

Mr Kuku argued that the passage of the Constitutional Amendment Act in September last year violated Section 61(3) of the constitution, rendering it unconstitutional, invalid, and of no effect.

Kuku argued that parliament should have been dissolved on May 15, 2023, as per Section 73(3) of the constitution, resulting in all seats in the National Parliament becoming vacant.

Kuku contended that all proceedings by Parliament after May 15, 2023, including the passage of any bills and motions, are null and void.

Lawyers for the three defendants filed an application to the court to strike out the case, filed by Lawyer Billy Titiulu on behalf of his client, Kuku.

The defendants’ application relied primarily on the provisions of Rule 9.75 of the Solomon Islands (Civil Procedure) Rules 2007 (“the Rules”) which provides for a strike out on the following grounds: (a) That the proceedings are frivolous or vexatious; or (b) That no reasonable cause of action is disclosed; or (c) That the proceedings are an abuse of the process of the court.

Sir Albert in his judgment said that Kuku and Titiulu had failed to demonstrate any reasonable cause of action in their submissions, their case lacked merit and was an abuse of court process.

He said Kuku should have objected to the process, if he was serious about the failure to comply with legislative and parliamentary process, on the floor of parliament.

“Instead of raising an objection there and then and giving the opportunity to the appropriate forum being Parliament presided over by the Speaker to resolve that, he participated and then has now come to this court for redress.

“While the question of interpretation lies with this court, questions of process and procedure lie within Parliament to amend if it deems appropriate.

“The question of the number of readings and votes to be taken fall squarely with the rule making power of Parliament to have the relevant Standing Orders put in place to give effect to the constitutional requirements imposed upon it and not in this court.

“And so, even if there is to be any relief given the most this court can do would be to refer the matter back to Parliament to resolve the issue.

“For those reasons as well, I am not satisfied a sufficient case has been made out that would require the intervention of this court,” Sir Albert said.

Sir Albert also raised the issue of delay that Kuku filed his claim 293 days later about 10 months after the amendment was made.

Kuku alleges his rights and interest had been affected when Parliament should have been dissolved by on or about May 15, 2023, and elections to be held within four months thereafter, which would have fallen on or about September 15, 2023.

The timeframe is simply an impossibility now and so raises the practical question as to what if any purpose is to be achieved by this claim, Sir Albert said.

Meanwhile outside the court Kuku’s lawyer Tititulu said that any appeal to the court’s decision will be decided later.

He said he will consult with his client before making any appeal on the decision.

On September 9, 2022, parliament passed the controversial constitutional amendment which deferred the dissolution of the current house by seven months.

As a result, instead of dissolution on May 15, 2023, the current parliament will dissolve on December 31, 2023.

National general elections are expected to be carried out in April, 2024.

No report of election manipulation amid concerns over MP involvement in voter registration: SIEC

By EDDIE OSIFELO

As the nationwide biometric registration commenced on September 4, 2023, the Solomon Islands Electoral Commission (SIEC) has not yet received any formal reports of election manipulation from current Members of Parliament (MP).

This development follows recent media reports where concerned voters raised questions about MPs potentially using constituency resources for voter registration, which could contravene the Electoral Act.

Concerned voters have called upon the Electoral Commission to investigate reports of MPs utilizing constituency boats and vehicles to transport their supporters for voter registration. This practice, according to the voters, may breach the Electoral Act, which prohibits the use of public resources for private election campaign purposes.

To maintain fairness and prevent undue influence that could compromise the electoral process’s integrity, these voters argue that MPs should encourage their supporters to make private registration arrangements.

Hamilton Young Ramo, a resident of Central Kwara’ae in Malaita Province, has expressed his concerns. He fears that incumbent MPs might exploit the registration process by financially supporting their supporters to register in their respective constituencies. Such a strategic move could potentially provide these MPs with an advantageous position in the forthcoming elections. Ramo’s concerns underscore the importance of the Electoral Commission’s vigilance and proactive measures in addressing potential irregularities during the registration phase. He characterizes the alleged practice as a form of corruption that could undermine the integrity of the upcoming election.

However, Chief Executive Officer of SIEC, Jasper Highwood Anisi, clarified that no written submissions or complaints regarding election manipulation have been received thus far.

However, he emphasized that there are roughly 21 days remaining in the registration period, and such issues could still arise. Anisi urged citizens to keep these reports as evidence because, in the event of a win, they could serve as a basis for petitions. He also noted that SIEC’s role is to provide services, not to police or make judgments. It is the duty of citizens to bring grievances to the court of law for resolution.

Anisi added that SIEC can support by providing evidence based on what their officials observe on the ground. SIEC’s mandate primarily includes organizing registration and elections but does not involve determining legal consequences for offenses.

In response to concerns about MP involvement in the registration process, SIEC clarified that there are no specific provisions in the Electoral Act to restrict candidates and political agents during the registration process.

However, they pointed to Sections 115 and 118, which emphasize the protection of the register and preventing obstruction or threats against electoral officials. Section 115 pertains to the alteration of information in the register without authorization, while Section 118 addresses obstructing or threatening electoral officials in their official capacity.

SIEC issued a warning to intending candidates not to actively involve themselves in the registration process. They stressed the importance of allowing eligible voters to freely choose where they wish to be registered based on the eligibility criteria outlined in Section 42 of the Electoral Act.

SIEC also cautioned those registering for the first time or transferring to another constituency to ensure they register in a constituency for which they are eligible. Registration in an ineligible constituency could lead to objections during the objection period, potentially resulting in the deletion of registrations from the list.

As the Nationwide Biometric registration continues, the Solomon Islands’ electoral authorities remain vigilant in ensuring a fair and transparent electoral process. Citizens are encouraged to report any irregularities, and the Electoral Commission will continue to monitor the registration process closely.

BY SAMIE WAIKORI

SUPERVISING Police commander for Malaita, Lesley Kili calls on public transport owners in Malaita province to be cautious on overloading of trucks with passengers.

The call came following influx of people started experienced on Monday this week from Honiara to the province for the voter’s registration.

“As of Monday, number of people coming to Auki from Honiara has increased and most of them came purposely for the registration.

“With that we identified most of the public transports have been overloaded with passengers and posed risk of accident.

“Considering the status of roads in the province, transport owners were advised to take extra precaution not to risk their passengers.

“Also, traffic rules must be adhered at all times to ensure safety of passengers and service they provide,” he said.

Kili said the registration has just begun and they expect more influx of people to the province for the whole of this month.

He said Auki police has however planned an operation to curb overloading and traffic rules in general which will commence soon.

PPC Kili also said that the Police had issued warning to all traffic owners and drivers on the matter, whilst they will be monitoring it.

He said Police appealed for safe travel in the province during this registration period as everyone prepares for the national general election next year.

By EDDIE OSIFELO

THE Ministry of Finance and Treasury is anticipating the issuance of $200 million in development bonds, expected to be secured and processed within this month or early October.

This significant financial injection is intended to support the Solomon Islands Government in hosting the XVII Pacific Games, scheduled to take place in Honiara from November 19 to December 2, 2023.

Minister of Finance and Treasury, Harry Kuma, addressed the issue during a parliamentary session in response to inquiries from Leader of the Opposition, Mathew Wale on Monday.

Minister Kuma acknowledged the challenges faced in implementing the development budget due to constraints in borrowing, particularly related to domestic development bonds and development financing from international partners.

Kuma highlighted the ongoing efforts of the Ministry to collaborate with both domestic and international sources of funding.

He stated, “The Ministry has reiterated its commitment to working with development partners and domestic sources, particularly through development bonds, to ensure that the necessary financing is available for the successful delivery of the Pacific Games.”

The Ministry expects the issuance of more than $200 million in development bonds, with these funds anticipated to become available either this month or in early October.

Kuma further revealed that the Ministry is actively engaged with development partners to secure additional budget support, grants, and borrowings. Notable sources of potential support include:

The World Bank, expected to provide support in October.

The European Union, with anticipated support in September.

The People’s Republic of China and the Australia Department of Foreign Affairs (DFAT), expected to provide assistance either this month or in the following month.

In response to inquiries regarding potential bond purchasers, Minister Kuma disclosed that the Ministry expects the Solomon Islands National Provident Fund (SINPF) to contribute around $100 million. Efforts are underway to collaborate with the Central Bank of Solomon Islands (CBSI) to facilitate this transaction in the secondary market.

Additionally, discussions are ongoing with state-owned enterprises, including the Solomon Islands Ports Authority (SIPA) and Solomon Power, to explore their participation in acquiring additional bonds and financing.

The issuance of these development bonds and the collaborative efforts with domestic and international partners are aimed at ensuring the successful organization and execution of the XVII Pacific Games in Honiara, further cementing the Solomon Islands’ commitment to hosting this prestigious sporting event.

BY INDY MAEALASIA

HONIARA City Clerk, Justus Denni is calling on the public for their support in helping them and the government in their waste management operation.

Clerk Denni appealed to the public that managing waste in Honiara is everyone’s business

“This require our collective participation, all of us in Honiara whether you are a resident or a visitor” Clerk Denni said.

Referring to the Safe Green Games Campaign that aims to beautify Honiara City in the build-up towards the Pacific Games, Clerk Denni reminded the public that it requires a collective effort.

Speaking on the waste disposal facilities and strategies, HCC Director for Waste Management and Divisions, Abendingo Maeohu reminded the public that they do have obligations

“We have obligations and we have the responsibilities to ensure that we use the facilities to the best we can as we head towards the games, and maybe after the games, we can look at making proper ones” He said.

Director Maeohu also brought up the issue of attitude and behaviour referring to an incident in which a HCC sign at Point Cruz was defaced.

He said that this is the kind of behaviour that he wants the public to address and focus instead on supporting the HCC and other partners.