The High Court of Solomon Islands has upheld a decision by the Ministry of Public Service to terminate Dr. Claude Posala for breaching Regulation 26 of the State of Public Emergency Regulations 2020.
The decision states that the State of Public Emergency Regulation 2020 prevails over all provisions of laws during a State of Public Emergency. The High Court upheld this in the case of Dr Claude Posala v Attorney-General Civil Case 407 of 2020.
Dr Posala was terminated during the State of Public Emergency and commenced litigation against the Solomon Islands Government alleging that he was not afforded the right to be heard. In pleading his case, Dr. Posala sought to invalidate his termination on the grounds that the action to terminate him were ultra vires, excessive, unnecessary and contrary to public interest.
The Court held that Dr. Posala having admitted that his post on social media was false was indeed in breach of Regulation 26 of the State of Public Emergency Regulations 2020
The Court agreed and maintained the position that the principle of natural justice does not apply in situations of a State of Public Emergency and therefore, dismissing the Claim. This means that the termination of Dr Posala was lawful.
Dr Posala was the head of the Department of Ophthalmology at Honiara’s Regional Eye Centre at the time of his termination and currently operates a private clinic.
– GCU
