HAS HON. PETER KENILOREA RESIGNED FROM BEING THE LEADER OF THE SOLOMON ISLANDS UNITED PARTY?

On 17^th April 2024 Solomon citizens of voting age went to the polls to vote in who they entrust their political power to, to govern on their behalf for the next four years (4). Contesting candidates for people’s political power, stood as political party members or as independent candidates.  When the ballot papers were counted, we voted the following as Independent Members of Parliament not affiliated with any political party:

INDEPENDENT CANDIDATES WHO WON THE ELECTION

To date these independent candidates who stood and win as Independent Members of Parliament with the exception of Hon. Ben Maenu have resigned and signed up with political parties and eight of them are Ministers in the current GNUT Executive led government, while Hon. Cathy Loana Nori and Hon Namson Tran hold executive positions in Government Caucus.  This means that almost all of the Independent Members of Parliament have renounced their status as independent members with the exception of Hon Ben Maenu. There may have been some misinterpretation of this since but the understanding since Independence is that these are the Members of Parliament referred to as Independent Members and form the Independent Group in Parliament per Constitution. The Political Parties Integrity Act 2014 further defines who is an Independent candidate is “a candidate not selected by a political party”. Hon. Peter Kenilorea Jnr is not an independent candidate, but a Political Party Leader and candidate at the April 17^th, 2024, Joint Elections.

Only Hon. Ben Maenu is qualified to be leader of the Independent Group at this point in time and any other Members of Parliament who have renounced their affiliation with the Political Party that they contested under. Certainly not a Political Party Leader and his party members unless they dissolve their Political Party status following the processes provided in the Political Parties Integrity Act 2014.

The Statutory Instrument of the Constitution (1978 N.783) Solomon Islands Independence Order 1978 section 8  dealing with Leaders of Official Opposition and of Independent Members says “ The persons who immediately before the appointed day are Leaders of the Official Opposition and the Leader of the Independent Members ( as defined for the purpose of the existing Constitution) shall from that day hold office respectively as Leader of Official Opposition and Leader of Independent Members as if they had been appointed thereto under section 66 of the Constitution.  The use of Independent Members is maintained throughout s66 and most certainly it did not say INDEPENDENT OF THE OFFICIAL OPPOSITION GROUP, nor does it mention that a political party and its leader. Furthermore s66(7) of the Constitution needs to be interpreted by the Courts and not the Legislature or the Executive Government so that we can all be clear of the meaning of Independent Member and Independent Group.

The integrity of our political order as provided for in our Constitution and our parliament cannot be therefore allowed to be interpreted by any member of parliament, any political party to suit their own agenda.  Transparency Solomon Islands reminds the Executive Government, and the Legislature that Solomon Islands has a Constitution.  The Constitution sets out the framework of the Machinery of the Government and government systems (Constitutional Government), with the principle of Separation of Power being very important in the interpretation of the Law, including the meaning of sections of the Constitution.  It is the Judiciary Arm of the Government that is responsible for the interpretation of the Constitution, the law etc. and not Parliament or Parliamentarians.  Solomon Islands has a codified Constitution, and there is no Parliamentary Sovereignty or Supremacy as is the case in UK.  Do the responsible, and right things and put this before the Courts to interpret, than deciding that the Constitution of Solomon Islands means what members of parliament say it means.

There are important questions that must be explained to the public with regard to  Hon. Peter Kenilorea’s acceptance to be the Leader of the Independent Group.

1. Has he resigned from the Solomon Islands United Party when he took up this post.
2. If not is he telling the voters who supported the candidates who contested under his Solomon Islands United Party that this party is dissolved and no longer exists. All in SIUP have now become Independent Members of Parliament. His statement that his political party is the biggest group of independent members says so.
3. What then happens to Hon. Ben Maenu who remains independent to date.  Does he then join this so-called biggest group of Independent Members, as independent members or as SIUP. Independent Group is the house of independent members of parliament to come together in and not a political party
4. Is the Parliament telling the people of Solomon Islands that a party not in the Executive Government and refusing to be part of the Official Opposition now qualified to form the Independent Group?
5. What happens to Independent Members of Parliament should they not have the number?  Will they be denied the opportunity to form themselves into an Independent Group because another Political Party as in this case has the number to take over the Group.
6. The Independent Group’s Administrative Cost is covered by the taxpayers money.  Does this mean the administrative cost of the Solomon Islands United Party will be covered by tax-payers money.  Where does this leave all the other party.  This simply is absurd and unacceptable.
7. With regard to the administrative grant that is given to political parties based on the number of MPs they have, is the Political Parties Commission going to still pay SIUP $20,000.00 for each of the member in his group. Independent Members of Parliament are not paid this grant.  It is an incentive to get candidates contest under Political Parties.

There are many questions that needs asking but the most important issue to note is again the Independent Group as provided for under the Constitution is being used again for the agenda of those who exercise people’s entrusted political power for their own agenda.  This appointment sets many bad precedents that this country does not need.

It is simple, if you are a political party that did not have the number to win the government’s Official Power (Executive Government), work with the Official Opposition and be the watchdog for people who vote you in.  Set aside your differences and deliver for the people who entrust their power into your hands or who recruited you. This appointment sets a dangerous precedent in the political order of Solomon Islands. More importantly, the country is working very hard at developing our political party system and this does not help at all and is counterproductive, to Hon. Prime Minister Jeremiah Manele’s appeal for all of us to work together for our people and country.

Transparency Solomon Islands therefore demands for a clear interpretation of the sections in the Constitution with regard to Independent Group, Independent Members.  Solomon Islands has a Codified Constitution, and it should be left to the Judiciary to interpret the law and not Members of Parliament or the Executive Government. That is the work of the Chief Justice who heads the Judiciary Arm of the Government – SEPARATION OF POWER.

Transparency Solomon Islands therefore questions not only the integrity but the legality of appointing the Political Leader of the Solomon Islands United Party MP for East AreAre Hon Peter Kenilorea Junior as the New leader of the independent Group, revealed in last week Solomon Star Issue No. 8795.

Transparency Solomon Islands is of the view that such an appointment should not be based on consultation with heads of political parties in the absence of the judiciary body to interpret the law prior to any decision to make recommendation on the appointment.

Transparency Solomon Islands highly condemns the abuse of power by our leaders interpreting the law relying on the numerical strength of Hon Peter Kenilorea’s Political Party, with no consideration for the repercussions of such a decision. Solomon Islands passed the Political Parties Integrity Act 2014 in 2014 and this appointment should also consult provisions in this Act. This type of leadership and conduct is what this country does not need at this point in time. Sign up with GNUT if power is what this is all about or work with Official Opposition to serve the need of this country.  Stop using the Independent Group for undermining the development of Political Party System in Solomon Islands.  The country needs political stability than another Political Party doing its own thing in the Independent Group for whatever reason.  Transparency Solomon Islands calls on Prime Minister Hon. Jeremiah Manele to bring in a Bill to amend the Constitution to remove the Independent Group from the Constitution.

Transparency Solomon Islands calls on the Political Party Commission to challenge this appointment before the Courts, and secondly for the court to interpret section 66(2) and (7) of the Constitution, especially defining Independent Members and Independent Group, and the relationship between the two if any.  Obviously, such appointment undermines the development of political party system in Solomon Islands. The section in the Constitution in TSI’s view refers to Independent Members not any political party and their leader by reason of numerical strength to form an independent group.

– TSI