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Illegal bodies

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In-court

Court: SINU staff associations have no legal standing

BY JENNIFER KUSAPA

TWO staff associations that pushed for the removal of Solomon Islands National University (SINU) vice chancellor Dr. Ganesh Chand have no legal standing and are therefore illegal.

That’s according to High Court judge Rex Foukona in his ruling of the case between the two associations and the SINU council.

The associations, the Lecturers Association of Solomon Islands National University (LASINU) and the Solomon Islands National University General Staff Association (SINUGSA), last year demanded the removal of Fijian Chand on allegations of corruption.

But the SINU council, chaired by Health minister Dr Culwick Togamana, argued SINU does not recognise them as unions.

Because of that, the council further argued, the associations have no legal standing to represent staff of SINU and therefore cannot demand the removal of Chand.

SINU council also argued the two associations are not registered and therefore cannot represent staff of the university.

The dispute ended up at the Trade Dispute Panel (TDP) last August.

After a hearing, TDP ruled the associations have standing and are recognised by law to represent SINU staff in trade disputes.

SINU council through private lawyer Andrew Radclyffe appealed the TDP ruling in the High Court.

Radclyffe submitted that since SINU does not recognise the two associations, their existence as unions has no basis under law.

Justice Foukona agreed.

 “It is clear from Radclyffe’s submissions that the University did not recognise the associations,” Justice Foukona said.

He added it is important for SINU to recognize the associations because in the event disputes arise there is recognition and understanding that the associations and SINU ought to work together corporately or with one accord to achieve discipline, healthy academic and amicable co-existence.

He further pointed out that lawyer for the associations, Michael Pitakaka, submitted that both associations had been established and registered under the SICHE Act.

But Justice Foukona said:

“Unfortunately that proponent must be flawed on the specific basis that the Act that established SICHE had been repealed and substituted with an Act alleviate of a new status as SINU Act 2012.

“Practically for reasonableness sake, anything established or registered under the requirement of a repealed act must be repealed as well.

“Unless there is provision specifically prescribe for peaceful transition, equitably to maintain such establishment to continue have standing and function under the new act, lack of such expression, as I note, render the associations’ locus standi at stake to appear as representatives of their members in the TDP proceedings.”

Foukona said the TDP should have done further investigations into the status of the two associations before making its ruling.

He revoked the entire TDP ruling.

Meanwhile, Vice Chancellor Chand is currently in Fiji following pressure from the two associations to have him removed.

He was sent home after the Labour Division refused to grant him a work permit in the wake of the dispute.

His current status with SINU is not clear.

Covid-19 patients to be released after 3 negative tests

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Prime Minister Manasseh Sogavare

BY BARNABAS MANEBONA

PUBLIC is reassured by government that the Coronavirus (Covid-19) cases that are still positive will only be released after they test negative for ‘three consecutive times’.

That is seven days apart after they become negative clarify Prime Minister Manasseh Sogavare during his recent Covid-19 nationwide address last week.

Updating on the current status of Covid-19 in Solomon Islands, Mr Sogavare informed that the nation registered an additional case of Covid-19 (one of the students that arrived from Manila on  January 21) bringing the official number of total registered Covid-19 cases to 18.

“Apart from this new case, the last 2 cases from the UK that had turned negative had reactivated and have become positive again.

“This means we have 3 positive Covid-19 cases, only one of whom is new and the other 2 are reactivations. However, as I had indicated in my special address on Monday 29th January, the reactivated cases do not alter our official numbers, which remain at 18.

“Of these 18 cases, 14 are in the community, 4 are still at the field hospital including the student that had been brought back from Malaita province and who is still negative.

“I wish to reassure the public that we will only release the people who are still positive after they test negative for 3 consecutive times 7 days apart after they become negative,” said Sogavare.

Quarantine period extends to 21 days for high-risk

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PS Pauline McNeil

BY MAVIS N PODOKOLO

INDIVIDUALS from the flight marked as high-risk and those from the Philippines third repatriation flight have had their mandatory quarantine period extended to 21 days.

This was confirmed by Pauline McNeil, permanent secretary to Ministry of Health and Medical Services last Sunday.

“Those who have who have flew in from the high-risk repatriated flight on February 7 and those who have flew in from Philippines have their mandatory quarantine period extended to another 21 days,” said McNeil.

She said lately a total of 122 persons have graduated from the Governments funded facilities. This leaves a balance of those who have flew in from the high-risk countries and those who have flew in from Philippines.

Dr Jimmie Rodgers Deputy Secretary to Oversight Committee adds, the next repatriation is likely on March 7.

“We are looking at one more flight to Manila because we still have more than 40 students left in the Philippines.

“Tentatively this flight is schedule for March 7, but we have to reconfirm whether that is the date or it will be delayed because we are trying to also link people from other parts of the world on to that destination,” said Rodgers.

He said this is because there are still some people from UK, USA, and also foreigner nationals yet to come to work on major projects like the Tina Hydro, the airport construction, the road construction.

Beware of ESP con artists

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GOVERNMENT is warning public to be wary of imposters going round claiming to be ESP workers facilitating applications.

In a statement yesterday, government says:

“It has come to the attention of the Economic Stimulus Package Committee that certain individuals and/or groups are currently going around and claimed they work for the Government and took responsibility to facilitate ESP applications.

This week, the committee had received complaints from several persons who have spent thousands of dollars to certain individuals who claimed to be working for the Office of the Prime Minister and have promised to facilitate ESP applications.

Hence, the ESP Committee wishes to clearly inform the public of the following;

1.         The ESP application deadline was on July 31, 2020.

2.         The Committee does not accept any application that is delivered after the application due date.

3.         The application process does not require any financial requirements; hence, applicants do not require paying any amount of money for the facilitation of their applications.

4.         The only two contact persons regarding the ESP application is Trevor Manemahaga of the Office of the Prime Minister and Cabinet (OPMC) and Rictor Luaboe of the Ministry of Finance and Treasury (MOFT).

5.         Further information regarding the ESP applications can be reached at the Office of the Prime Minister and the Ministry of Finance and Treasury.

The Government through the ESP Committee is fully committed to the accountable implementation of the ESP in the interest of wellbeing of the people, national stability and economic empowerment.

–OPMC PRESS

Covid frets

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Survey reveals worryingly low confidence in businesses here

BUSINESS confidence at many areas of the economy is at a record low, a new survey has indicated.

The Solomon Islands Chamber of Commerce and Industry (SICCI) 2020 Business Confidence Survey suggests that most businesses (43 percent) expect their business situation to remain the same during the next six months due to the Coronavirus global pandemic.

Twenty-three percent of respondents to the survey expect their situation to deteriorate while 28 percent remain optimistic of an improved business situation for this year, 2021.

The survey, conducted among 46 businesses in December 2020, covered all the industry sectors and different business sizes based on the number of employees.

Thirty-two percent of respondents expect no improvement in the local business environment in Solomon Islands, saying it will remain the same, while another 32 percent expect the general business situation to deteriorate.

Natalina Hong, Chief Executive Officer (CEO) of SICCI, said:

“In many instances, these results are a cause for concern and that is why it is critical that Government create the right settings for future private sector growth to bolster the covid-19 recovery and support businesses,” Hong said.

“As a Chamber, we believe all stakeholders including Government will need to work together to find a better path to follow where the right balance between managing the health and security challenges while also addressing the economic hits,” she added.

The survey found the shortage of Finance (30 percent) and Demand (32 percent) are among the main factors most limiting business ability to expand activities.

The survey also found that businesses are finding it harder to get skilled or specialist labour but easier to get unskilled Labour.

Hong said that this survey results highlighted again the growing challenge of unemployment now facing the Solomon Islands economy.

She added: “There is a clear warning that a possible rise in unemployment is now inevitable as businesses adjust to a new normal.

“The survey highlighted that 36 percent reported a reduction of fulltime employees in the last 12 months, while more than half of the respondents (57 percent) reported also a reduction in profitability.

“The immediate priority for many businesses is survival.”

Sixty percent of businesses that participated in the survey reported a need for improvement in Government services while 35 percent stated it has worsened in the past 12 months.

As for this year (the next 12 months), 35 percent expect Government services to remain the same, 42 percent expected it to worsen and 22 percent are hoping for improvements.

The survey further highlighted that 56 percent of businesses expect changes in Government policy and budget in response to covid-19 to have a negative effect on their businesses.

Twenty-three percent expect positive effects while eight percent expected no effect at all.

Forty-one percent have high confidence their business will survive the extended State of Public Emergency (SOPE) while 34 percent have moderate confidence and 10 percent low confidence.

SICCI has conducted the Business Confidence Survey annually since 2017.

SICCI Membership and Services Officer, Naomi Mara, who takes lead in conducting Chamber surveys, said this exercise is a pulse-test to identify the level of business confidence perceived by participating members from within the Chamber’s diverse membership.

The survey identifies trends and conditions in the private sector.

Increased business confidence is an indicator of economic growth, associated with increased spending and more economic activity.

On the other hand, a decrease in business confidence may indicate a slowing of the economy.

“The data gathered enables the Chamber to consolidate business experience that informs how it progresses issues with Government.

“The outlook for business, also informs the wider private sector and partners to Government, of the standing of the economy as a whole,” Mara said. 

This issue marks the fourth SICCI Business Confidence Survey.

–SICCI MEDIA

Gov’t blamed for NRH nightmare

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Opposition Leader and MP for Aoke Langalanga Hon Matthew Wale. Photo Credit; Pacificwin NZ Aus Pacific on LinkedIn.

THE Leader of Opposition, Matthew Wale in response to the statements by the NRH CEO Dr George Malefoasi describing bed shortages and other problems at the NRH, says that the government has neglected the NRH for a very long time.

“This is not just because of the diversion of resources to Covid-19 related work. NRH, which is right under the nose of the national government is clear evidence of prolonged government neglect.

“How are we to expect provincial hospitals and rural health facilities, which are far removed from the daily gaze of the national government, to receive adequate attention?” the Opposition Leader questioned.

He said the NRH CEO pointed out the acute bed shortage currently experienced at the Emergency Department, and the in-patient wards, with patients sleeping on the floor, a matter Mr Wale said is just the tip of the ice-berg.

“There are far more serious problems at the NRH that have been neglected by the government for so long. The basic and most serious of these problems is the fact that clinical governance is almost non-existent. And this important matter continues to receive next to no attention from the government. There is a level of incompetence in this neglect that must be addressed,” says Wale.

Further, Wale said that he has received complaints from patients that nurse attendance at NRH is particularly poor.

“There seems to be no control over attendance, and this puts additional pressure on doctors working the shifts. And patients have also complained that nurses are often administering treatment doses at wrong times and with wrong dosage,” says the Opposition Leader.

Wale said these are very serious concerns that NRH, and the Ministry of Health must immediately address, but that it points to inadequacies in nursing training as well.

Wale said there are obviously inadequacies in our nursing training if nurses don’t turn up for work at all or on time, and are administering medicines with wrong dosage.

“Although there is no statics on this particular problem, the government must not delay in eliminating nurse absenteeism and medicines dosage issues. There must be accountability for what should be fairly basic management issues,” the Opposition Leader stressed.

A Parliamentary inquiry into these issues was conducted in 2009, and it seems the situation has not been irreversibly addressed.

Wale said given that this situation has been going on for such a long time, it is clear that the Ministry of Health is unable to deal with it.

“It seems they only see the obstacles and are unable to see solutions to the challenges. There is a sense of resignation on the part of the Ministry in dealing with the NRH issues there is a lot of talk, but little sustainable curative action,” said Wale.

Wale calls on the Prime Minister to seek external help to study the challenges, and bottlenecks at NRH in the first instance, and recommend long term solutions that must include not only quality infrastructure facilities, adequate equipment and medical supplies, but must also include a robust modern clinical governance system.

“Many countries have come through similar development challenges in their healthcare systems, and it is important that we seek to benefit from their experiences. NRH can be and must be better than it is.

“Let’s be ambitious for NRH, said Wale.

“We owe it to our healthcare professionals who work there, and also to the patients and the public to make NRH better.

“The NRH nightmare is due solely to neglect. Perpetual crisis management will simply not do anymore.”

–OPPOSITION PRESS

People must learn to behave responsibly: Court

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In-court

BY JENNIFER KUSAPA

The Magistrate Court has issued a strong word of advice urging people to learn to behave responsibly and not to take the law into one’s own hand – especially when under influence of alcohol.

Principal Magistrate Augustine Aulanga issued the statement when he sentenced a high-profile national rugby player, Daniel Saomatangi, yesterday to two and half years’ imprisonment for common assault and grievous harm yesterday.

“There is no excuse or exception for that even if you drink alcohol. Therefore, it is important that nowadays, people must learn to behave responsibly and not to take the law into their own hands as a means of resolving their anger when under the influence of alcohol.

“People must also learn to think first and resolve their grudges or anger in lawful and appropriate ways because by not doing so, it will lead to committing a crime like the present case.”

Aulanga, in passing judgement, explains that the sentence imposed will not only reflect Mr Saomatangi’s personal factors but one that must send a clear message to the defendant and the general public that committing grievous harm injury or any serious violent crimes on other persons will not be tolerated by the court.

He said the accused as the one who committed the crime, is not the only person that becomes the centre of focus when it comes to sentencing. The interest of the victims of crime must be equally considered as well and should not be let down by the court.

Aulanga also said that the victims of any case expect justice from the court and they must have a voice when it comes to sentencing.

“Therefore, the courts of this country must be unwavering and stand against serious violent offences and should not shirk or evade their duties when it comes to the need for deterrence.”

ESP approvals include cocoa: Dentana

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Dentana
Permanent Secretary for Finance McKinnie Dentana.

BY BARNABAS MANEBONA

Part of the Economic Stimulus Package (ESP) approvals completed includes ‘cocoa farmers’ as well.

This is according to the Chairman of the ESP Committee and Ministry of Finance and Treasury (MoFT) Permanent Secretary (PS) McKinnie Dentana when asked during this week’s nationwide talk-back show if whether cocoa farmer’s applications once approved will be uploaded as well on website.

Mr Dentana in response said the approvals already completed include cocoa farmers, copra farmers plus all other remaining sector including vegetable farmers and also piggery at provinces.

“Yes part of the approvals completed include cocoa farmers, copra farmers plus all other remaining sector including vegetable farmers as well and also piggery at our provinces,” said Dentana.

A total of 3, 431 approvals have been awarded under the ESP.

The Chairman of the ESP Committee said they have completed the ‘first round’ of approvals on every sector under the ESP as there are up to around 2,123 approved recipients already uploaded and 1,300 are expected to be uploaded later this week and next week.

To note, Mr Dentana said the ‘second stage’ of the process is to do reviewing and monitoring of approved recipients on which they have scheduled it to start at April.

“We give time to recipients, they receive their support now from January, February and March, and hopefully by April they should start their operations. So we scheduled to commence review and monitoring and reporting of the recipients to start in April up to June. This is so that report can be produced before audit can take place around the third quarter of this year,” said Dentana.

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Pandemic bill awaits provincial consultation

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Solomon Islands National Parliament

BY MAVIS N PODOKOLO

THE Public Emergency Bill is currently waiting on consultations which are being held in the provinces.

Attorney General John Muria Junior says consultations have been done in Guadalcanal Province, Honiara City Council (HCC), and with diplomatic missions, regional originations and private sector like the Solomon Islands Chamber of Commerce (SICCI) and a number of business houses in town.

“This week consultation for some of the provinces especially, Isabel, Central Makira, Temotu and our churches SIFGA and SICA will be done.

“Consultation for provinces was delayed and has not permitted us to bring our provincial representatives to Honiara due to bad weather. After that we will wrap up our consultations,” he said.

Dr Jimmie Rodgers, deputy secretary to Oversight Committee and Secretary to Prime Minister, said they are looking forward to finalising the bill to be tabled in parliament.

Rodgers said when this State of Public Emergency finishes on March 24, the Pandemic Bill should become an Act “where it commences and it will progress on from there”.

“This means we do not need to declare another State of Public Emergency.

“Just to clarify, we need the SOPE we can actually quarantine people and until the World is free of COVID-19, we will still need to quarantine people and that is the purpose of this pandemic bill and why we are working to ensure its ready by then,” he said.

The statement was echoed at the recent covid-19 radio talkback in Honiara.

600k for MPs under ESP to be monitored: Dentana

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BY BARNABAS MANEBONA

FUNDS of $600,000-each under the Economic Stimulus Package (ESP) received by Members of Parliament (MPs) will be monitored.

Chairman of the ESP Committee McKinnie Dentana said this after being asked if whether the MPs $600,000 funds will be part of the ESP ‘second stage’ process which is to do reviewing and monitoring of approved recipients scheduled to start in April.

Mr Dentana said the reporting is for all recipients of the ESP as it does not exclude anyone.

“The reporting is all recipients of the ESP, so we will write to our Members of Parliament [MPs] as well.

“It does not exclude anyone. All recipient will in one way or another, the team will take information from them,” said Dentana.

Late last year, it was said by the Economic Stimulus Oversight Implementation Committee (ESPOIC) that the allocation of $41,900,000 under the ESP to MPs is given within the ‘ESP guideline’.

The Policy Secretary Fundamental Reform Sector, Officer of the Prime Minister and Cabinet Trevor Manemahaga said what is given to the MPs is not outside of the guideline of ESP.

According to leaked document raising public anger which was described as unverified by ESPOIC, it showed that MPs received $600,000 each while seven MPs received double.

Mr Manemahaga however in a press conference clarified that what is given to the MPs is not outside of the guideline of ESP.

ESP Chairman Mckinnie Dentana had also clarified that the $600,000 ESP allocation to MPs comes under component two of the ESP known as ‘Immediate Recovery Measures 1’ which focuses on productive resources centres.

In document launched during May last year, these measures focus on the productive and resources sectors especially in investing in value-adding targeted products in the agriculture, forestry, fisheries and tourism sectors.

The objective of this element of the package is to increase rural production and employment and diversification of the export and economic base.

These measures include Investment in value added or production of targeted agriculture products like noni, kava, cassava, taro, coconuts and cocoa. This initiative was said expected to cost $70 million, as special feature under this package will include proposal to provide price or freight subsidies on copra and cocoa.  This is to ensure people migrating to the provinces due to Coronavirus (Covid-19) threat to engage in copra and cocoa production.

Mr Dentana further clarified that on top of that, the MPs received additional funds under the component four called ‘Medium to Long Term Growth’ focusing on infrastructures.

The medium-term element of the package focuses on support to stimulate and build the capacity of the economy to develop and grow.

Meanwhile, a total of 3,431 approvals have been awarded under the ESP.