THE Choiseul Local Court is currently in its second week of hearings in Taro, with all appeal and referral cases now before it.
However, concerns have been raised regarding the outdated Local Court Act, Cap 19 and the deteriorating state of judicial infrastructure in the province.
Speaking to Solomon Star last week in an interview, JSP private firm lawyer John Smith Pitabelama said the Local Court Act, Cap 19, is outdated and requires urgent review to reflect the evolving legal landscape in Solomon Islands.
“Sections concerning the functions, jurisdictions, and powers of chiefs and traditional leaders need immediate amendments to align with modern legal and customary needs.
“Additionally, many local courts and Customary Land Appeal Courts (CLAC) lack basic infrastructure, such as court buildings, offices, logistics and training facilities,” he said.
Mr Pitabelama also highlighted that Choiseul Province does not have its own Magistrate as it still falls under Western Province jurisdiction, creating operational challenges.
“Each time magistrates travel to Taro for court circuits, hearings are conducted in makeshift locations, including the police shed.
“The lack of court clerks and administrative support hinders efficient operations and with no office or permanent staff, this has caused embarrassment to the judiciary.
“The absence of proper facilities undermines the credibility of the legal system in Choiseul Province,” he added.
Mr Pitabelama said a formal request was made to the Chief Justice years ago to address these issues, but no action has been taken.
He stressed the need for urgent discussions involving the Judiciary, Provincial Government, Magistrates, Police, Public Solicitors, Correctional Officers, Private Lawyers and Non-Government Organisations to collectively address these challenges.
Mr Pitabelama said Choiseul Province does not have its own CLAC, many landowners in the province lost their cases simply because they could not afford travelling to Gizo or due to bad weather or illness.
“This resulted in cases being struck out, depriving people of their ancestral land.
“A CLAC should be established in Choiseul Province, but legal reforms are required first.
“Currently, CLAC operates under the Local Courts Act and the Land and Titles Act, which are inadequate to comprehensively address land-related matters,” he explained.
Mr Pitabelama urged the Attorney General’s Office to provide legal assistance to Local Court justices and clerks during circuit hearings.
He said court officials often struggle with legal interpretations, leading to unnecessary referrals that waste time and resources.
Mr Pitabelama also emphasised the importance of proper training for Local Court justices, CLAC justices, and clerks.
“This is one of the biggest issues Choiseul Province is facing.
“Chiefs and traditional leaders are expected to perform judicial duties, yet they lack the necessary legal training.
“Without proper knowledge of the law, it is unrealistic to expect them to execute their roles effectively.
“To save time and costs, the Local Court in Choiseul should be divided into three zones: North West, East and South Choiseul,” he said.
He added that such a zoning system would allow the court to travel, whilst ensuring hearings are accessible within respective zones.
Currently, people closer to Taro receive priority, while those in remote areas face long delays.
“There is an urgent need for legal reforms, improved infrastructure, and better access to justice for Choiseul Province.
“Authorities must act swiftly to address these critical issues and ensure the judicial system serves all citizens fairly,” he concluded.
By ULUTAH GINA
Solomon Star, Gizo
