Opposition questions PM’s Gold Dealer Licence claims, citing legal process concerns and reform transparency
Honiara, Solomon Islands – Leader of the Official Opposition Hon. Manasseh Sogavare MP says recent clarification from the Minister for Mines has confirmed that the Prime Minister’s public statement on Gold Dealer Licences was premature and created a misleading impression of their legal status.
In remarks to the Western Provincial Executive, the Prime Minister stated:
“There are a number of changes we’ve already effected since we took office. If you come to Honiara, the gold dealer licences, I’ve cancelled them all.”
Hon. Sogavare said this statement presented the cancellation of all Gold Dealer Licences as a completed action.
However, the Minister for Mines has since clarified that the Government’s reform programme is still progressing through the necessary legal and administrative processes and that ten Gold Dealer Licences remain active. He has also stated that cancellation of existing licences is only the final step in a broader process.
Hon. Sogavare said statements on matters of this significance must accurately reflect the legal status of Government decisions, particularly where they affect the livelihoods and business interests of Solomon Islanders.
“Public statements of this nature have consequences and can create uncertainty for licence holders, miners, investors and provincial stakeholders.”
“This is a clear case where a completed outcome was announced before it had actually occurred,” Hon. Sogavare said. “The Minister’s own clarification confirms what the Opposition has said from the outset: the process is still underway and the licences have not all been cancelled.”
He said the issue goes beyond political messaging and raises serious concerns about lawful administrative decision-making. Under the law, the cancellation of licences is not something that can be done by public announcement alone. It must be carried out through the proper statutory process.
Hon. Sogavare said that process must observe basic standards of procedural fairness, including giving affected licence holders notice of the case against them and a genuine opportunity to respond before any adverse decision is taken. The right to be heard is not a mere formality. It is a fundamental safeguard against arbitrary or predetermined decision-making.
He said that if the Prime Minister has already publicly declared that all licences have been cancelled, any later decision by the Minister to cancel licences may be seen as having been effectively pre-decided. That creates a serious risk that the Minister’s statutory discretion will be viewed as having been fettered, rather than exercised independently and lawfully on the merits of each individual case.
“In those circumstances, any subsequent cancellation may be vulnerable to legal challenge,” Hon. Sogavare said. “Affected licence holders may well argue that procedural fairness was compromised, that their right to be heard was reduced to an empty exercise, and that the decision-maker was no longer approaching the matter with an open mind.”
He said that when a political announcement appears to settle the outcome before the legal process has run its course, the Government risks undermining the integrity of its own decision-making process and exposing itself to avoidable court proceedings.
Hon. Sogavare said the Opposition supports genuine reform of the mining sector, stronger governance arrangements, and improved compliance and transparency. He said reform must, however, be pursued lawfully, fairly and with full respect for the legal rights of affected parties.
In addition, the Opposition Leader said the Mineral Resources Bill is currently before Parliament, having progressed through the Bills and Legislation Committee process and awaiting tabling for debate and readings in the House.
The Opposition Leader also said it is not accurate to suggest that mining sector reform is only now being initiated because of an alleged absence of political will by previous administrations. The Mineral Resources Bill has already progressed through the Bills and Legislation Committee process and is awaiting tabling for debate and readings in Parliament.
“The record shows that work on mining sector reform has been continuous across successive administrations. The Mineral Resources Bill was already advanced through the parliamentary process and is now awaiting its next stage in Parliament.”
He said responsibility for completing the reform process now rests with the current Government.
“It is therefore unhelpful to rewrite the history of the reform effort. The focus should be on completing the work before the country, rather than attributing delays solely to previous administrations.”
Hon. Sogavare said the Opposition supports genuine reform of the mining sector and stronger governance arrangements but expects Government communication to be clear, consistent and factual.
Hon. Sogavare said the issue before the country is not whether reform should happen. The issue is whether Government statements accurately reflect decisions that have actually been made and whether statutory powers are being exercised in accordance with law, procedural fairness and the right to be heard.
PRESS RELEASE
