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.

BY INDY MAEALASIA  

A team from the Ministry of Environment Climate Change & Disaster Management & Meteorology will be carrying out monitoring of crocodiles for all water-based sports for the Pacific Games in the coming weeks.

The Government Services Integration Committee (GSIC) Project Manager, Cameron Ngatulu stated this during the Iumi Tugeda fo Sol2023 Talk Back Show on Sunday.

Mr Ngatulu said this is to ensure the safety of all athletes participating in the various water sports.

He also said the team will be working closely with the communities living close to the Sport Facilities hosting water sports.

“They will collect information, do awareness but also monitor the crocodiles” he said

Honiara City Council Clerk, Justus Denni called on all the communities especially those around the Alligator-Lungga area and even communities from the western side of Honiara to corporate with the team.

“If the team comes around to do awareness, please help them with information” Clerk Denni added.

U.S. State department grants $8.3 Million to HALO trust for UXO removal program

BY EDDIE OSIFELO

THE humanitarian organization, HALO Trust, has recommenced surveying and mapping Unexploded Ordnance (UXO) deposits in the Solomon Islands, marking a significant step towards addressing a longstanding and dangerous issue in the region.

This initiative, which began in April and May of this year, is funded by an $8.3 million grant from the U.S. State Department.

This move follows the termination of Norwegian People’s Aid (NPA)’s contract in the wake of a tragic incident in September 2020, during which two NPA officers lost their lives while attempting to disarm a UXO at their residence in Tasahe, West Honiara.

Minister of Police, National Security, and Correctional Services, Anthony Veke, confirmed that a Memorandum of Understanding (MOU) was signed last month, officially launching the program.

“HALO Trust has taken over from NPA and is now collaborating with the Royal Solomon Islands Police Force (RSIPF) Explosive Ordnance Disposal (EOD) Unit to address the UXO issue.

“Survey and mapping efforts have already covered several priority areas, including Honiara (including parts of Bloody Ridge), Tulagi, Tenaru, Barana village, and are currently underway in the Bokona region,” he said.

Minister Veke said the data collected during these surveys will prove invaluable in helping RSIPF EOD prioritize their operations effectively.

Furthermore, Minister Veke emphasized that not only will this benefit RSIPF EOD, but it also opens the door to engagement with other donor partners for Render Safe operations in these priority areas.

In a significant development, the U.S. Department of Defense has offered its assistance in the UXO campaign.

Cabinet approval has already been granted for this partnership, which will include technical survey programs and capacity-building training.

A Diplomatic Note has been sent to the U.S. Department of Defense, and a response is expected soon.

Minister Veke stated that formalities and agreements for this collaboration are in progress.

He emphasized the importance of working within an established framework or Memorandum of Understanding.

The UXO issue in the Solomon Islands traces back to World War II battles in 1942, leaving behind a dangerous legacy.

Many people have suffered injuries or lost their lives due to these remnants.

The government’s commitment, along with support from international organizations and donor partners, aims to make the region safer and promote development.

By EDDIE OSIFELO

SOLOMON Islands has seen a group of its explosive ordnance disposal (EOD) officers achieve high-level certifications to address the persistent issue of unexploded ordnance (UXOs) in the region.

Fourteen EOD officers within the Royal Solomon Islands Police Force (RSIPF) have recently attained EOD Level 11 certification, while an additional fifteen officers secured Level III certification.

These certifications represent a notable step forward in their expertise and preparedness to handle explosive ordnance effectively.

This achievement owes a great deal to the American non-profit organization, the Golden West Humanitarian Foundation (GWHF).

The GWHF specializes in developing innovative technologies and strategies to address the technical challenges associated with humanitarian mine clearance.

They provided essential training to the EOD officers, enabling them to obtain these valuable certifications.

The acknowledgment of this accomplishment came from Minister of Police, National Security, and Correctional Services, Anthony Veke, during a session in Parliament on Monday.

Minister Veke expressed pride in the skills and training of the EOD officers, describing them as some of the best-trained experts in the region when it comes to dealing with UXOs.

In a promising turn of events, the U.S Department of Defense has offered its support to further enhance the capabilities and capacity of the EOD teams for UXO removal in the Solomon Islands.

While the exact extent of financial support from the U.S State Department is yet to be determined, Minister Veke anticipates positive discussions on this front.

Furthermore, private entities established by former EOD officers in the Solomon Islands are actively involved in UXO surveying and removal operations.

These organizations operate with the necessary licenses and have the authority to charge fees for their services, contributing to the comprehensive efforts to address the UXO issue.

The Solomon Islands continue to grapple with the consequences of World War II battles that took place in 1942, resulting in a dangerous legacy of UXOs that pose a persistent threat to the safety of the local population.

The recent advancements in training and potential support from the U.S Department of Defense mark significant steps toward addressing this long-standing concern and ensuring the safety of the people in the Solomon Islands.

BY EDDIE OSIFELO

BENEDICT Teahui, hailing from the Shortland Islands, has urged the Electoral Commission to consider allowing out-of-constituency voting during the forthcoming National General Election scheduled for next year.

Teahui’s plea comes on the heels of the voter registration period, which took place from September 4th to 9th, 2023.

Teahui emphasized the need for voters residing in distant regions, such as Shortland Islands and Temotu, to have the option to cast their votes in the capital city, Honiara.

He proposed that while it’s reasonable for citizens to travel to their respective constituencies for registration purposes, a more pragmatic approach would be to set up ballot boxes in Honiara for voting.

Reflecting on the previous election, Teahui noted that although voters had registered in Honiara, they were then required to journey back to their constituencies to participate in the voting process.

This logistical challenge, he argued, could be alleviated by facilitating voting within the city.

However, a representative from the Electoral Commission expressed reservations about the feasibility of implementing out-of-constituency voting in the upcoming election.

The official cited resource limitations and a constrained timeframe as potential obstacles.

Nonetheless, the spokesperson acknowledged that the idea of out-of-constituency voting aligns with the ongoing electoral reforms undertaken by the Commission.

The aim of these reforms is to enhance voter convenience and uphold fundamental principles of democratic voting. The decision regarding out-of-constituency voting will likely involve a meticulous assessment of logistical considerations, available resources, legal ramifications, and the potential impact on the integrity of the electoral process. Striking a balance between these factors will be crucial for the Electoral Commission in determining whether to adopt out-of-constituency voting for the upcoming National General Election.