Opposition questions Attorney-General’s handling of Kalu case, citing concerns over JLSC independence and accountability
Honiara, Solomon Islands – Opposition Leader Manasseh Sogavare MP is questioning the Attorney-General’s handling of the Kalu v Attorney-General matter involving the Judicial and Legal Service Commission.
The Opposition has received information that the Attorney-General advised the Judicial and Legal Service Commission to settle the matter. However, the Commission reportedly resolved to continue defending the proceedings and has since retained the private law firm Sol-Law to represent its interests.
The Opposition is concerned that the Attorney-General’s advice to settle the matter raises questions about the Government’s approach to proceedings involving the Judicial and Legal Service Commission and the independence of legal processes.
The Judicial and Legal Service Commission is an independent constitutional body responsible for important decisions affecting judges, magistrates and senior legal officers. Its independence is fundamental to maintaining public confidence in the administration of justice and ensuring that judicial institutions operate free from political influence.
Hon. Sogavare said information available to the Opposition indicates that the advice to settle the matter was reportedly based on directions from the GREAT Government, which the Commission declined to follow.
“If these reports are accurate, they raise serious constitutional questions,” Hon. Sogavare said.
“The Attorney-General is not only the Government’s principal legal adviser; he is also a member of the Judicial and Legal Service Commission. His constitutional responsibilities require him to provide independent legal advice and uphold the independence of the Commission. “
“Where an independent constitutional commission has had to engage private legal counsel to defend its own position, despite the Attorney-General being one of its members, it raises legitimate questions that deserve public explanation.”
Hon. Sogavare said the issue extends beyond one court case.
“This is fundamentally about protecting the independence of our constitutional institutions. The JLSC exists to safeguard the integrity of our judicial system. Any perception that political considerations have influenced decisions affecting the Commission has the potential to undermine public confidence in those institutions.”
He said the fact that the Commission has reportedly retained private legal representation also raises important questions about the relationship between the Office of the Attorney-General and the JLSC, as well as the additional cost to taxpayers.
“The circumstances raise legitimate questions about whether the Attorney-General’s actions were fully consistent with his constitutional responsibilities as a member of the Commission. These questions deserve clear and transparent answers.”
Hon. Sogavare said the Attorney-General occupies one of the country’s highest constitutional offices and that public confidence in the office depends upon its independence from political influence.
“The people of Solomon Islands must have confidence that our constitutional institutions are protected, respected and allowed to perform their functions independently.”
“This matter is bigger than any individual or any Government. It goes to the heart of the rule of law and the independence of institutions that exist to protect our democracy.”
Hon. Sogavare said the Attorney-General must satisfy the public that his actions have been guided solely by the Constitution and the law.
“These are questions that deserve answers, and the Opposition will continue to seek that accountability.”
PRESS RELEASE
