BY JOHN HOUANIHAU
Government, through the Ministry of Public Service (MPS), has described the report concerning Solomon Kalu and the position of Director-General of the Solomon Islands Independent Commission Against Corruption (SIICAC) as inaccurate and misleading.
The Ministry said that no appointment was ever made, saying Mr Kalu was never appointed to the position of Director-General of SIICAC and that there was no rejection of an appointment, as has been ‘widely and incorrectly reported’.
MPS said that while Kalu was recommended by an interview panel, the Judicial and Legal Service Commission (JLSC) ultimately determined that he should not have been shortlisted or considered for appointment.
MPS said that the process, therefore, concluded before any appointment arose.
MPS adds that the JLSC is an independent constitutional commission established under section 117 of the Constitution of Solomon Islands and exercises its powers under section 118 of the Constitution.
Following its deliberations, the Commission formed the view that, in light of relevant considerations, Kalu was unsuitable for appointment as a public officer, and that the post should be re-advertised.
MPS said that this was a collective decision of the JLSC, made independently and based on its own assessment.
The public commentary has incorrectly suggested that the Attorney-General rejected or directed the outcome of the JLSC process, which is factually and constitutionally incorrect, the MPS statement said.
The MPS said that the Attorney-General did not make, direct, or influence that decision, nor did he advise that Kalu be removed from the shortlisting.
The statement said that AG’s role was limited to providing legal advice on whether past conduct was a relevant consideration, advice originally sought during a separate Leadership Code Commission selection process and later treated as relevant by the JLSC in its own deliberations.
MPS said that the advice was advisory only, formed part of the material available to decision-makers, and did not bind the Commission or determine the outcome, as the final decision rested solely with the JLSC.
The Ministry emphasises that constitutional commissions operate free from political or ministerial control and that their decisions are made on merit, in accordance with the law, and are not directed by any individual member, including the Attorney-General.
Mischaracterising lawful advisory processes as personal or political decisions risks undermining public confidence in constitutional governance, the Ministry said.
The Ministry is concerned that inaccurate and incomplete reporting has led to unwarranted personal attacks against the Attorney-General, as such commentary risks undermining public confidence in constitutional governance and the independence of national institutions.
The Ministry urges media organisations and commentators to report responsibly and accurately on matters involving constitutional bodies and public office holders.
On Monday this week Solomon Star reported that the Attorney General had advised the Judicial and Legal Service Commission (JLSC) to reject a recommendation by an independent panel for Mr Kalu to be appointed Director General of SIICAC.
The report said the Attorney General had used the reason that Kalu had not complied with the previous government’s (DCGA) ‘No jab, no job’ policy which was activated during the covid-19 era to force public servants to be vaccinated.
This policy was cancelled by DCGA on December 31, 2023.
The independent panel had interviewed applicants for the SIICAC Director General position.
Three people were interviewed – Kalu, former Director General John Kouni and former Law Reform Commission Chairman Frank Paulsen.
The panel comprised of the Ombudsman Fred Fakarii, Judicial and Legal Service Commission (JLSC) member Dr Patricia Rodie, and Law Reform Commission Chairman Philip Kanairara.
Transparency Solomon Islands and the Council of Trade Unions have criticised government over this matter, questioning the legality and rationale behind the usage of a defunct government policy to block Kalu’s appointment for the job.
SIICAC has remained without a Director General since the expiry of John Kouni’s contract in April last year.
