LIKE any other citizen, Transparency Solomon Islands (TSI) is appalled with the content of the statement issued by the Attorney General (AG) John Muria relating to the decision by Malaita Premier on the termination of his deputy premier. The decision is a political issue belong to the Provincial Government of Malaita province and for the Attorney General a public officer to be making such statements means that here is an Attorney General that does not know where his boundaries are or the roles and responsibilities of the position he occupies. Here is an Attorney General for the first time in the history of that office that has very little concern about the integrity, reputation, and image of that office. Or here is an Attorney General who has not left the duties and responsibilities of the Special Secretary to the Prime Minister [SSPM]. Such political comments and statements belong to SSPM.
As was in the past to date provincial executive governments terminate ministers as and when they believe they no longer support them or for non-performance, and in order to stay in power just as it is in the national government. This has happened in Choiseul and other provinces but the Attorney General nor the SSPM made any opinion, directive etc. to those decisions. It is only in the case of Malaita Province whose government has different views from that of the current Executive Government that this Attorney General has decided to join the political debate. The provincial governments are elected by the province and not placed there by the Executive Government and AG should know that and what it entails politically.
It is unacceptable for an officer of his status to came out in public on an issue which is clearly political, therefore should be left to Malaita people and provincial government to sort out. For him to take a different stand on the normal practice by provincial government to terminate ministers, in this case; the Malaita deputy premier is really misguided and misplaced. Should this be one of the Permanent Secretaries for example, they would be immediately disciplined and terminated with no warning for meddling in politics. Whilst ordinary citizens can do this publicly paid officials when joining public service are warned against involving in politics. But then perhaps his appointment is as a political appointee so is excused from these public service rules.
The conduct of the AG to date has been political in nature and borders on the office being labeled as being politicized by the Executive Government (Democratic Coalition Government for Advancement or DCGA). Being involved in this political debate and political differences of the Executive Government, with the Provincial Executive Government of Malaita is not what the Attorney General of Solomon Islands should be spending his time on publicly.
The people of Solomon Islands expect their Attorney General to exercise the duties and responsibilities of the AG Chambers and that of the position of Attorney General independently on all matters providing legal advice to their government be it national or provincial. If he has any issue with the decisions taken by any provincial government similar to the one he had a view on he should take it to the courts for interpretation. The legal opinion by the AG was an outright example of public officer involving in politics and a sign of hypocrisy on his part and inconsistent for other provinces have made changes but with no comment from the AG. Why single out Malaita? Isn’t that a sign of bullying done by one of the Constitutionally established officers and offices of Solomon Islands? Why Malaita and why now? It is obvious that this is an act to please DCGA and China. In October 2009 the then premier of Central Province Mr. Patrick Vasuni terminate his deputy premier Fred Samora. The AG office never issued a statement then. Why?
The explanation given by former AG Mr. James Apaniai in social media on the issue makes more sense on the interpretation of the laws pertaining to appointment and firing of provincial ministers by the premier. The former AG pointed out that the decision taken by Suidani to terminate his deputy was simply a case of exercise of power. The former AG went on to explain that the “Premier” is an office and the person who holds that office holds the power to remove provincial ministers.” “So, the answer to the question whether Suidani can validly remove the Deputy Premier as a provincial minister depends on whether Suidani was the Premier when he removed the Deputy Premier. If Suidani was the Premier when he removed his Deputy as a minister, then that is it. To say that Suidani must be in the country before he can make that decision is to add a qualification that was not intended by Parliament when it passed the Provincial Government Act (PGA),” Apaniai elaborated on his legal point of view.
In a number of responses to a number of controversial cases the response from the AG indicates that the country needs a new Attorney General, one that is experienced and knows the duties and responsibilities of that office. Media has also carried legal opinions of the AG on a number of issues sought by the media. A good number of cases that the AG is involve include the Bechedemer Saga in 2017, where there was collusion with officials from the Ministry of Fisheries to arrest Dr. Reginald Aipia. As a result of AG’s consent for police and fisheries officials to arrest Dr. Aipia, government will have to pay $56 million per High Court ruling.
Members of the Provincial Assembly (MPA) were elected by the people in their respective wards to govern the provinces. They were not appointed by the national government and cleverly so to ensure democracy thrives in our two tier governance system. Solomon Islands is a democracy and not an authoritarian country where bullying by any Prime Minister and his cabinet ministers when they air views different to that of the National Government might be acceptable. That is Democracy in action. The Attorney General’s argument lack substance and unconvincing other than one of meddling in politics of Malaita Province.
Transparency Solomon Islands urges the Attorney General not to involve himself on anything that might tarnish the integrity of the AG Chamber and must prepare itself well for the hard questions asked by the media. Respond honestly and transparently as to what you can give your opinion on and where as a public officer and in the interest of the AG Chambers you are required to refrain from making a comment or sharing a view on.
– Transparency Solomon Islands
