Oversight costs foreign investors and Rennell landowners millions
AN oversight by the Solomon Islands Bar Association (SIBA) has brought to a standstill work on developing the multi-million dollar bauxite deposits on West Rennell, effectively cutting off wages being paid to resource owners there.
The oversight, discovered only on Thursday when the matter was brought to the High Court, has angered both the investor and landowners.
“Do you expect foreign investors to keep coming here if they are to be treated in this way?” the angry investor, who spoke on condition of anonymity, said on Thursday.
“I am very, very angry because I have satisfied all the requirements in applying for and obtaining the licence to develop the bauxite mine on Rennell. Not only that, our company has spent up to SBD$100 million in the work we have undertaken here,” the investor said, fuming.
Landowner spokesman Eric Tema, who holds the legal title to the land, was just as angry.
Mr Tema said after the case was again adjourned on Thursday the oversight by the SIBA Executive was “a betrayal of trust in the highest order”.
“We expect the trust we have in our judicial system to be honored. What happened on Thursday was the betrayal of that trust. It will affect us in a bad way,” he said.
Mr Tema said the matter had also raised a lot of questions in the public domain.
“Was the so-called oversight, for example, intended to produce a pre-determined outcome that is to frustrate the investor with unnecessary delays?
“Or was it conflict of interest by certain member(s) of the Executive of the Solomon Islands Bar Association?,” Mr Tema said.
Legal sources familiar with the case said the case was between Jay Mauungapapa and World link Resources Ltd, which has obtained the mining licence over Parcels 1, 2, 3, 4 and 6 of the mining tenements on West Rennell.
Following the approval, Worldlink Resources Ltd landed more than SBD$80 million worth of mining equipment and machineries on Rennell since last year when it obtained the mining lease.
This prompted young Mauungapapa, a nephew of Mr Tema, to obtain a High Court injunction over the operations until the High Court decides who holds the legal title over the customary land.
Mr Mauungapapa is backed by the controversial company, Asia Pacific Investment Development (APID) Ltd, which the High Court has ordered a cease to its operation on Rennell.
A week before the High Court was scheduled to hear Mr Mauungapapa’s challenge on Wednesday last week, lawyers acting for Worldlink Resources Ltd applied to the High Court for permission to have a Queen’s Counsel represent the company.
According to legal sources, the application was forwarded to the Solomon Islands Bar Association for its endorsement.
But while the SIBA Executive endorsed a similar application for a QC to represent Mr Mauungapapa, it had apparently ‘overlooked’ the application by Worldlink Resources Ltd for a Queen’s Counsel to represent it at the hearing, which was delayed until last Thursday.
In court, the QC for Mr Mauungapapa pointed out that Worldlink Resources Ltd could not be represented by the QC who had arrived from Brisbane a few days earlier because his application had not been endorsed by the SIBA Executive.
The President of SIBA is Whitlam Togamae, the local lawyer who is also acting for APID in the case. APID is allegedly supporting Mr Mauungapapa.
It was confirmed last night that SIBA had finally granted the endorsement for Worldlink Resources Ltd’s QC to represent its interest in the case.
The letter, dated 27th January, however had come two days after the case was adjourned by the High Court.
“It’s a very expensive oversight for Worldlink Resources Ltd and the resource owners,” observers said.
By ALFRED SASAKO
