Honiara, Solomon Islands, 28 May 2025 – The Government for National Unity and Transformation (GNUT) welcomes the High Court’s decision to dismiss a civil claim brought against the former Minister for Mines and Energy, Honourable Bradley Tovosia, over his 2024 appointments to the Solomon Islands Water Authority (SIWA) Board.
This ruling marks the second time in recent months that the High Court has confirmed the lawfulness of decisions made by Honourable Tovosia during his ministerial tenure. In April 2025, the Court upheld his earlier 2021 decision to cancel the mining lease held by Asia Pacific Investment Development (APID) Limited over West Rennell. The lease cancellation was based on findings of serious breaches of the Mines and Minerals Act and related agreements, including failure to meet license conditions and environmental responsibilities. APID challenged the decision in court, but the Court ruled that the Minister had acted within his legal authority in revoking the lease.
Together, these rulings affirm that Hon. Tovosia has exercised his ministerial powers in accordance with the laws of Solomon Islands, particularly in decisions involving statutory appointments and natural resource governance.
In the SIWA case, the Honourable Peter Kenilorea Jnr., Member of Parliament for East A‘are‘are and Leader of the Independent Group, alleged that the then Minister responsible for SIWA, Honourable Tovosia, had acted beyond his authority by appointing more than two public officers to the SIWA Board.
In a comprehensive judgment, Chief Justice Sir Albert Palmer ruled that the appointments were lawful and that the claim disclosed no reasonable cause of action. The Court accepted submissions from the Attorney-General, on behalf of the Government, and legal counsel for SIWA. It concluded that the Claimant lacked the legal standing required to bring the case, and that the claim was frivolous and an abuse of court process.
At the heart of the dispute was the interpretation of a provision in the SIWA Act which requires that “two shall be public officers” among the Minister’s five appointees. The Claimant interpreted this as imposing a maximum limit on public officer representation. However, the Court determined that the provision sets a minimum requirement—not a cap. The Chief Justice noted that there is no legal basis to imply an upper limit not stated in the legislation, adding that such matters are for Parliament to decide.
On the issue of standing, the Court found that Mr. Kenilorea had not demonstrated any direct legal or equitable interest affected by the appointments. While he relied on his role as a Member of Parliament and political group leader, the Court reiterated that these positions do not automatically confer standing to litigate issues of general public interest. It emphasized that only the Attorney-General is empowered to bring such proceedings on behalf of the public, unless leave of the Court is first granted.
Accordingly, the Court struck out the claim in its entirety, upheld the legality of the appointments published in the 26 September 2024 Gazette, and awarded legal costs to the defendants, including the former Minister, SIWA, and the Attorney-General.
The Government considers this judgment an important clarification of the legal framework governing statutory appointments and the threshold for public interest litigation. It reaffirms that Ministers, when acting within the scope of their statutory powers, have discretion to make decisions in the public interest. It also highlights the importance of ensuring that legal actions are grounded in a demonstrable personal interest or legal harm—not solely on political or technical arguments.
While Honourable Tovosia no longer holds the ministerial portfolio under which the appointments were made, the Court’s ruling validates the decisions taken during his tenure.
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[Source: OPMC]
