Hon Peter Kenilorea has issued a statement on his Facebook page addressing the recent comments made by Energy Minister MP Hon Tovosia regarding the appointment of the SIWA board. In his response, Hon Tovosia asserted that his actions were lawful and suggested that any concerns raised by Hon Kenilorea could be settled in court.
In light of this, Hon Kenilorea has indicated that he is indeed considering legal action against Hon Tovosia, a decision he contemplated as of last night. He expressed his commitment to addressing what he perceives as irregularities in the board’s appointment process. The situation has sparked discussions on governance and accountability within the government, as both leaders could be preparing for potential legal proceedings.
Read the Independent Leader’s statement below;
It’s close to midnight musings: So it seems that I will need to seriously consider seeking a declaration from the courts that the Minister of Mines and Energy’s action in appointing, in my opinion, more than two public officers to the SIWA board was erroneous and could amount to being Ultra Vires.
The relevant law states: the SIWA board shall consist of ‘five members appointed by the minister of whom TWO shall be public officers’. My contention is that he has appointed more than two public officers as members to the board.
The Minister is of the view that his appointments of members of the SIWA board which included, the Commissioner of Lands, two PS’, and the Commissioner of Police (all of whom I contend are public officers) was within the law.
We are a nation of laws, and it’s wonderful that we have the courts to determine and interpret the law for us when we have deferring and opposing views on a matter.
If I do decide to seek a declaration from the courts on the Minister’s action, it will cost me financially. But the basis for my motivation for such an action, if I decide to take it to the courts, would be pursuant to public interest and to ensure that our authorities are beholden to our laws and act within them.
For me, this is not about politics. It’s about ensuring that our laws are adhered to, particularly for those of us in positions of authority.
