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WPG political spat now in court

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The High Court of Solomon Islands. Photo by SIBC.

BY BEN BILUA
Gizo

THE political impasses of Western Province has ended in court following an Extraordinary Gazette Order made by the Minister of Provincial Government instructing the Western Provincial Assembly to convene on October 25.

Responding to the order, the Speaker of Western Province submitted a case at the High Court for a judicial review of the Gazette Order.

The judicial review will try to pinpoint the legal bases of the decision made by Speaker of Western Province to adjourned Provincial Assembly Meeting until November 7 and the Gazette Order made by the Minister of Provincial Government to convene the Assembly Meeting on 25th this month, which is on Monday this week.

Sharing his view on the litigation, Ramrakha Talasasa said the Assembly is the right place to solve the political issue of Western province and not the court.

He said the litigation will drag lots of time and those who will suffer the most are the people of Western Province.

Talasasa said the general public of Western Province has been a bystander with lots of questions pending answers.

“Just for public’s information, of course there are opportunities to go to court with these issues but we don’t feel that the court is the right place to address these matters.

“I for one believes and I’ve shared with my group that the courts will not solve these issues, the court can only give us the legal interpretation of these issues in accordance with the law, but it will not solve the problem.

“These issues can be solved on the floor of the Assembly and this issue is not as complicated as someone might think, it’s easy and simple, convene the assembly and we address the issues,” he said.

Talasasa said the current governance system of Western Province is beyond the rule and fundamental principle of democracy.

He adds that the basic principle of democracy has been buried and gone.

“The fact behind this issue is that, the government does not have the majority to rule but yet it has been allowed to sit in office for more than 30 days. Where is the rule of democracy? Majority rule,” Talasasa said.

He said the other side of the house has raised the majority rule principle to MPGIS based on the fact that Solomon Islands system is recognised majority rule as the basis of democratic decision.

Talasasa said MPGIS is yet to respond to their queries.

Attempts to get comment from the government proved futile yesterday.

Material shortage slows down Mamara project

By EDDIE OSIFELO

WORK on the Mamara City Development in North West Guadalcanal is progressing very slowly due to slow arrival of materials from overseas.

Metropolis Mamara Development Ltd Manager William Ling said the progress of the Mamara City Development is ongoing, just moving slowly because of the shortage of building materials.

He said the shortage of building materials was caused by the unprecedented factors which included the shortage of the shipping containers and space on cargo ships, unequal distribution of resources as well as other global constraints.

“However, we are still trying our very best to bring in the needed building materials,” he said.

Prime Minister Manasseh Sogavare launched the Mamara New Capital City development on April 30, 2020.

The (MTMD) project is being managed by a Foreign Investor Metropolis Mamara Development Limited a subsidiary of Metropolis Pacific PTE Limited.

The City development project is crafted with mutual understanding framed under the ‘Mamara- Tasivarongo- Mavo Agreement Act’ that was passed in parliament in 1995 to govern and develop the Mamara- Tasivarongo- Mavo demarcated geographical site into a new capital city.

Pacific Tenders reported that since February 2020, the Company brought in the building materials and machineries with the total worth of USD11, 534,244 (SBD 92million) which consists of the following:

  1. Mamara New Capital City Site Office, Staffs Quarter, Warehouses.
  2. 3 units of sample houses (Type A, Type B, & Type C).
  3. First 50 units of Villas (Type A- 10 units, Type B- 15 units, Type C- 25 units).
  4. 1 unit of 2,400 sq. meter of factory building (Light Steel Structure Manufacturing).
  5. Partial material for 70 rooms hotel.
  6. Material for utilities facilities and infrastructure construction.

The City development is already making headway with the construction in progress for the Spring Villas project.

The Spring Vilas Project has the land coverage of approximately 100 hectares and comprise of 1184 units of residential houses, shop houses, 41 units of logistic warehouses, school, utilities facilities and tourism facilities.

The Residential houses are built of a light steel structure, recyclable, reduced waste of materials, quick to assemble & construct. Houses are designed to be soundproof and well-insulated to protect from severe heat too.

The residential units are prefabricated based on 3 different designs:

  1. 368 units of Type A, each unit covers an approximate land area of 255 square meter
  2. 310 units of Type B, each unit covers an approximate land area of 202.5 square meter
  3. 506 units of Type C, each unit covers an approximate land area of 150 square meter

The Residential houses are built of a light steel structure, recyclable, reduced waste of materials, quick to assemble & construct.

Houses are designed to be soundproof and well-insulated to protect from severe heat too.

The Second phase is the Steel Factory which ground work is already in place to commence building by June 2021.

This will be done by Metropolis Anmeijie Steel Structures.

The Environmental assessment for the Shopping Mall and Hotel is being prepared. Target construction time should be September 2021.

The Hotel is anticipated to be completed by September 2022.

This will be managed by Metropolis AnMeiJie Mamara Hotel Limited.

A town outside of Honiara will ease the social pressures associated with more population congregating in Honiara city.

The project is expected to provide around 500 more job opportunities for local Solomon Islanders.

Premier Gina boycotts meeting

David Gina

BY BEN BILUA

SEVENTEEN Provincial Members of Western Province turned up for Assembly Meeting on Monday following instructions from the Minister of Provincial Government and Institution Strengthening (MPGIS) Extraordinary Gazette Notice dated October 14.

The assembly meeting was held in the absence of the Premier, Speaker, Clerk and other Executive Members of Western Provincial Government.

Island Sun understands that there is case filed against the minister’s order for judicial review pending court hearing and also a notice advising WPG staffs that there will be no Assembly Meeting until further notice.

However, speaking to the media yesterday, Ramrakha Talasasa said the judicial review application is yet to take effect and that the Minister’s Gazette Order validates the Assembly meeting on Monday.

“Of course there is a judicial review application but we believe that the Gazette Notice still stands unless the High Court Order is made to overrule the Notice.

“There is High Court Stamp on the document we received but there is no date and time for the case to be heard in court, so our interpretation is that, the High Court has received the law suit as seen on the high court stamp but there is no decision made or a court order prohibiting any Assembly meeting till the time decision of the case is announced.

“Furthermore, we see the Speaker’s notice as a letter of instructions based on the fact that the matter to convene Assembly meeting is subjected to litigation and not a legal notice like the one given out by the Minister of Provincial Government.

“By looking at the two documents; one is from the Speaker and the other from the MPGIS.

“We see that the notice given out by the speaker is a legal process that is yet to be processed by the High Court while the other document is a legal notice that has been decided through legal processes.

“Based on this interpretation and understanding we decided that we are bound by the gazette notice.

“While there was uncertainty from the ruling government members and officials, we were present to fulfil the gazette order given by the Minister of MPGIS,” he said.

Talasasa adds the MPAs have also received a notice from MPGIS legal team advising the Assembly Meeting Scheduled for Monday this week as valid.

“I discussed the matter with our legal officer this morning (Monday Morning), the file received are pleading files (the file in this regard is the application submitted by the Speaker for judicial review of the gazette notice) and we a yet to receive a court order to refuse the ministerial order.

“Only court order can supersede the ministerial order or the gazette notice given out by the Minister of MPGIS. In the meantime, the Minister’s order is the instruction that is legally binding according to law. Please comply with the gazette notice and the law of Solomon Islands.”

Talasasa said the email was sent to him by the Permanent Secretary of Western Province and that was another cause for the MPAs to turn up for the Assembly meeting.

He said the business of the Assembly went well in accordance to Standing Order 37 of Western Province Standing Order as most of the administrative staffs especially the speaker, clerk, deputy clerk and assistant administration officers were not present.

Talasasa explained that Standing Order 37 states that; in the event where official stated above are not present, members with absolute majority may appoint someone to preside on the Assembly Business and adjourned the meeting.

“That is exactly we did today (Monday).

“We opened the session with a word of prayer followed by a roll call with 17 members present one member sent his apologies due to medical grounds, the other eight MPAs were unable to give their reason as to why they were not attending the Assembly meeting,” he said.

Talasasa said the Assembly business was administered by the MPAs present during the meeting as Assembly Staffs were not present, only the Permanent Secretary greeted the members and left before the meeting convene.

“We tried out best to contact the provincial staffs but our attempts came back negative. I know the provincial staffs are placed in a situation where they must choose between the provincial government and the ministry of provincial government.

“All the staffs fear insubordination that would lead to negative implication to their employments,” he said.

Talasasa said the meeting was adjourned after the house was briefed with the current situation and awaiting further instructions from MPGIS.

He said a report of the Assembly Meeting will be compiled and submitted to the Minister of MPGIS informing that the Assembly has respond to the Gazette Notice then wait for further instructions from the Minister on what to do next.

Talasasa said those attended the Assembly Meeting considered the meeting as legal based on the interpretation and instructions given by MPGIS.

Attempts to get comments from the government prove futile yesterday. An email was sent but there was no response.

This paper also called government officials for comments but the calls went unanswered. Island Sun will continue to seek the opinion of the government in response to these reports.

Budget stretched, services on halt, says Talasasa

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Provincial Member for Nusa Roviana and ward 16, Ramrakha Talasasa

BY BEN BILUA
Gizo

Provincial Member of Western Province, Ramrakha Talasasa says the province’s budget allocation towards respective divisions have been stretched and there is a need for the 2021-2022 supplementary budget to be tabled immediately.

He said all the commitments of government divisions have been affected and the province needs the supplementary budget to further appropriate funds towards service deliveries in the remaining month of this year until March 31 next year.

 “Currently, the provincial government is in a position where unable deliver effective services to people as the budget allocation appropriated in March this year has been stretched to its limit.

“Some department have exhausted their allocated funds and they need extra funds to execute their program and activities.

“Sad that the provincial government cannot spend further due to certain regulations which prohibit the provincial government to do so.

“There are opportunities available such as virement but the virements are limited to five percent of the allocated budget – meaning such fund will insufficient to deliver much needed services.

“There are funds available but the law prohibits the province to spend any cent,” Talasasa said.

He said the problem is how to appropriate the fund to allow administrations of fund towards divisions.

Talasasa said the current political situation is one of the major challenge to the possibility of convening Assembly meeting to pass the budget and that the MPGIS needs to step in.

“Our attempt to convene assembly meeting earlier than November to quickly debate the 2021-2022 Supplementary Budget failed.

“It’s quite hard to solve the issue of convening the Assembly Meeting earlier than November 7.

“We have also made few submissions based on Standing Order 58 which requires absolute majority to submit a letter for Assembly Meeting earlier than November but the respond proved negative.

“One might argue that, we are the ones who create this mess. Off course that is very true and we apologize for that, but we as MPAs and legislatures, we do have legislative obligation and one of our legislative obligation is to ensure that we are ruled by a majority government.

“Part of our legislative obligation is ensure that democracy is alive and respected in our province.

“For us to entertain a government that is minority of the assembly, then we will not accept the fact that, that government will table and pass an ordinance such as the budget,” he said.

Talasasa stressed that a budget is an appropriation ordinance which is a law in itself as such the budget needs absolute majority to pass it in the floor of assembly.

“Again, we cannot pass a law with minority vote.

“We have the number to manipulate the affairs of the province because we have the number and that is how democracy system rules,” he said.

Attempts to get comments from the government proved futile yesterday.

Trial date on Lusibaea’s case set for July 2022

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In-court

BY JENNIFER KUSAPA

THE court yesterday set the trial date for the case of Jimmy Junior Lusibaea for July 24, 2022.

The trial will be conducted for two weeks before High Court Judge Justice Maelyn Bird.

Lusibaea is faced with three counts, one count of murder and two counts of traffic offences in relation to an incident occurred on December 6, 2020.

Prosecution revealed during the Pre-trial Conference yesterday about 13 witnesses will be called during the trial.

Prosecution said eight of the 13 witnesses will be made available for the defence to cross-examined them.

This is the incident that was alleged to have occurred on December 6, 2020, at the Henderson area East Honiara around early hours.

Prosecution said a fast-moving vehicle hit the deceased in front of the Island Night Club in the Henderson area during an argument and rock throwing between two parties.

And at that time the accused was the one who drove that double cabin Hilux at a high speed to and fro in front of the Club area and allegedly hit the deceased.

It is also alleged that other properties including the Island Night Club building and a vehicle were also damaged

The deceased after being hit was transported to the National Referral Hospital (NRH) in Honiara by his relatives and but died shortly afterwards.

Prosecution also said following the incident, a reconciliation was made between the two parties, and compensation paid to the deceased’s family.

 Officers of the Royal Solomon Islands Police Force (RSIPF) at the Henderson Police Station in Guadalcanal Province are investigating a death incident occurred at the Island night club, East of Honiara on 6 November 2020.

Public Prosecutor Margaret Suifaasia appears for the crown while Public Solicitor George Gray represents the accused in court.

Murder accused to seek bail

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BY JENNIFER KUSAPA

A MAN accused of causing the death of another man during a fight at Foxwood, east of Honiara last year, will apply for bail in the High Court.

Garnet Babaua is facing murder.

Since the incident in July last year, he has been remanded.

Babaua was alleged to have assaulted the deceased on his back and kicked him on his belly during the commission of the offence.

Prosecution said the accused was angry because the deceased allegedly waved to his wife when the wife stood at a store in their area.

It is alleged that the accused approached the deceased and used his left leg to kick the deceased on his back and after that the deceased went and lie down on the road but the accused still followed him and kicked him on his belly.

There some people took the deceased and washed his body and later on they rushed him to the hospital but later died in the afternoon of that day.

NHA to engage more locals in its projects

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One of the design concepts of a major PG2023 facility project.

By EDDIE OSIFELO

NATIONAL Hosting Authority is supporting local contents or employees in its infrastructure projects for the upcoming Pacific Games in Honiara.

The Pacific Games is scheduled to take place from October 19 to November 2, 2023.

Engineer Soleana Visiama Gagehe confirmed this during the 2021 Infrastructure Symposium at FFA last week.

She said for the national stadium, they have 70 local workers working there and expecting to expand to 300 as work progresses.

Gagahe said NHA also engaging local consultant and sub-contractor to assist with the project through engineering and Unexploded Ordinance.

Furthermore, she said NHA has recently engaged a local constructor to deliver the design and construction of the SIFF Academy.

For the Solomon Islands Futsal stadium, Gagehe said they currently have 20 local workers engaged and increases as the project requires.

She said NHA also engaged local sub-contractors and materials are produced as part of the project.

In addition, she said for the Games village, they will need 15-20 subcontractors to undertake the upgrade of the seven schools.

She said for two Honiara City Council fields at White River and Kukum and SINU field, they are procuring local constructors as well.

Gagahe said at NHA, they do have capacity building opportunities where they conduct procurement trainings, workshops and training for officers in the Project Management Unit.

She said in PMU, there 15 Solomon Islanders and one expatriate who have experience in Project Management, engineering, architecture, contract administration, procurement and quantity surveying.

Call not to issue beche-de-mer licence to ZHB Goods Limited

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By EDDIE OSIFELO

The Ministry of Fisheries and Marine Resources is being urged not to issue a beche- de-mer export license to ZHB Goods Limited.

This was after the company, which registered at Company Haus for Retail and Wholesale business just applied this week even though the deadline of application closed last month already.

“We urge the ministry to stop issue an export license to Z H B GOODS LIMITED.

“It is unfair to other business owner who also interest to apply for export license but can’t make it due to time limit,” source said.

“If the ministry approved Z H B goods Limited export licence on beche-de-mer, this is a very clear indication that the ministry has no guideline and shows corruption in its dealing.

“Ministry of Fisheries and Research Ministries which is responsible to such permit will always do corruption practice as favour for self-interest,” source said.

Director Edward Honiwala said he is not aware of this issue.

However, Honiwala said the Ministry has just issued eight export licences to companies.

He said there are other applications still in the pipeline that need to sort out some requirements before the ministry can issue their beche-de-mer licences.

Attempt to talk to Director of ZHB Goods Ltd, Ruwei Zhong was unsuccessful yesterday.

Delays in Kukum Highway project

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Kitano constrution workers at the Kukum highway in 2018.

By EDDIE OSIFELO

Kitano Construction Corporation (KITANO) of Japan is expected to start work on the upgrade of the Kukum Highway Phase 2 in November.

However, due to the travel restrictions, actual construction may be further delayed.

Project Formulation Advisor for Japan International Cooperation Agency (JICA) Kengo Hoshina confirmed this during the 2021 Infrastructure Symposium at FFA last week.

Hoshima said many local workers see asphalt work for the first time in the Solomon Islands.

“So, the work will boost the capacity of Solomon Islands workers and constructors.

“No local companies have asphalt plant at this time and no suitable equipment,” he said.

Hoshima said currently the basic and proper maintenance work of asphalt pavement cannot be conducted hence the current situation.

“Other projects from other donors, these machineries and equipment are going to be imported to Solomon Islands, so it is going to boost the maintenance of the project,” he said.

The project is to alleviate serious traffic congestion and enhance drainage capacity in Honiara city by upgrading the road and bus-bay etc.

The Phase 2 project is the continuation from where the Kukum Highway Phase One ended.

The Project will cover the 6.3 Kilometers Road from the Ministry of Fisheries to Honiara International Airport.

 This includes 4.3 Kilometers of 4-lane road to Lunga Bridge and 2 kilometers of 2-lane road from Lunga Bridge to the Airport.

Ancillaries to the road project include the drainage systems, bus stations, streetlights, traffic signboards and pavement markings.

Hoshima said street lights and road mapping are going to be provided.

He said pedestrian crossing and street lights are going to be installed and the roundabouts will be larger than the existing one.

Further to that, Hoshima said they are putting 300 Solomon Islanders workers at project site.

He said the procurement equipment and machineries imported cost about $133 million SBD to $46.3 million SBD.

According to the data in 2009, the average speed is 33 kilometers per hour and expects that to be 50 kilometers per hour.

Hoshima said the volume of the passengers using this road from 2.2 to 2.7 million people per year.

He said the volume of cargoes range from 676,000 to 870, 000.

The Honiara City’s main Kukum Highway phase two project will boost the city’s infrastructure needs when completed in 2023 ahead of major events like the Pacific Games.

Infrastructure should benefit people: Jones

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The British High Commissioner to the Solomon Islands, Brian Jones. PHOTO: TWITTER

By EDDIE OSIFELO

THE British High Commissioner to Solomon Islands, Brian Jones has highlighted the need to build infrastructures that will benefit the people.

Jones mentioned this during the 2021 Infrastructure Symposium held at the Forum Fisheries Agency (FFA) conference room last week.

He said, “research shows if you build the wrong stuff, it is not only a bad investment, it also causes further disruptions.

“So, in the Democratic Republic of Congo, suspected cholera increased to 150 percent after one day disruption of a pipe to water supply.

“If you build a wrong stuff and it fails, you are actually building a dependence on the infrastructure.”

Jones said disruption of infrastructure can cause middle income countries USD$150 billion a year

He said the long instances of power outages in South East Asia have been linked to decreases of women income possibly because the outages require more time to do domestic work

“So failed infrastructure and unsustainable infrastructure impacts across gender, disease and health care and across all the basic services,” he added.

Furthermore, Jones said there is a $8 trillion investment gap in infrastructure globally

“So, what is that mean for Solomon Islands.

“That means if you are bidding for World Bank and ADB funding, you are bidding for global environment, global climate funding, you bidding against other countries who may have better rules and regulatory procedures that may have better condition on the ground and they maybe able to share those donor partners and fundings investors that they could complete the project on time, on costs, on schedule, without land disputes, legal disputes,” he said.

Jones said so there is an element of competition that Solomon Islands needs to recognize with the global funds

Solomon Islands Chambers of Commerce and Industries (SICCI) organised the two days symposium to create a platform that will bring together all key role-players in this infrastructure investment space, who have the common goal of accelerating an infrastructure-led economic recovery plan.