Official correspondences between the MPGIS Minister, Rollen Seleso and former Malaita Premier, Daniel Suidani show DCGA is not done with Suidani yet as it is working to have him totally removed from the Malaita Provincial Assembly
THE Democratic Coalition Government for Advancement is still pursuing the former Malaita Premier, Daniel Suidani, even after he was ousted in the third motion of no confidence it backed to remove the pro-Taiwan and Pro-US provincial leader.
In the latest correspondence between the Minister of the Provincial Government and Institutional Strengthening (MPGIS), Rollen Seleso and former Premier Suidani sighted by this paper, it shows that DCGA is not done with Suidani yet.
DCGA wants him out from the Malaita Provincial Assembly and are working to nullify him as an MPA and declare his ward seat vacant.
The reason behind this is Suidani’s vocalness in the media against DCGA’s switch of Solomon Islands diplomatic ties from Taiwan to China in 2019 and for refusing Chinese investments in Malaita through the Malaita Communique.
In a letter dated 23 February 2023 on the subject “Notice to show cause- section 15 of the Provincial Government Act,” Mr Seleso outlined reasons why the former Malaita Premier should be disqualified as a member of the Malaita Provincial Assembly.
In the letter addressed to Suidani, Minister Seleso wrote, “Section 15 (1) of the Provincial Government Act 1997 (PGA) provides; 15(1) A person shall be disqualified from membership of a Provincial Assembly if the person- (a) s, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state.
“I have perused statements by yourself made in the various daily newspapers, in international newspapers including on international television and have formed the view that by your won act and /or conduct, you have shown allegiance and adherence to a foreign power, being Chinese Taipei in defiance of the decision of the sovereign government of Solomon Islands.
“Your statements include:
- Repeatedly stating that you do not uphold the decision of the Government in switching diplomatic recognition to People’s Republic of China.
- Recognising Chinese Taipei over the decision of a democratically elected Government to which the Provincial Government is an agent.
- Repeatedly making statements inciting disharmony and dissatisfaction against the National Government with regards to the decision to recognise People’s Republic of China.
“I advise that Foreign Policy or diplomatic recognition is not within the legislative competence of any Provincial Government or within the ambits of the PGA.
“In view of the above, I hereby give you seven (7) days to showcase why you should not be disqualified from being a member of the Malaita Provincial Assembly pursuant to section 14 of the Provincial Government Act 1997.
“Should you fail, reuse or neglect to do so within (7) of receipt of this letter, I will advise the Speaker and the Speaker of the Malaita Provincial Assembly shall invoke the Speaker’s declaration pursuant to section 16 of the PGA.”
In response to the MPGIS Minister’s letter, the former Malaita Premier said he acted in the boundary of the law and that any move to have him disqualified from the Malaita Provincial Assembly will be an abuse of the PGA and other laws.
The former Premier in his response also accused Minister Seleso for not being neutral, saying there are political motives behind his letter.
In his letter of response to the Minister Seleso dated 27 February 2023. the former Malaita Premier stated the following:
“Honourable Minister, your letter and its content are an attempt at reviving claims that you tried to use in the past against the MARA Provincial Government under my Premiership for no factual basis and with erroneous legal reasoning.
“These appear to be serious attempts to act outside of the law.
“Honourable Minister, I understand you intend to apply section 15 of the Provincial Government Act to remove me from being a member of the Malaita Provincial Assembly and get the Speaker of the Malaita Provincial Assembly to declare under section 16 that my seat is vacant.
“Honourable Minister, for the past three and half years, you used all sorts of tactics under the disguise of the PGA to delegitimise my then MARA Government under my Premiership but with no success because our statements and actions were within the bounds of the law.
“It is public knowledge that I was recently removed as Premier with my MARA Government after three motions of no-confidence attempts.
“This political outcome did not come as a surprise because we, as members of the then MARA Government, know it was in the political interest of DCGA to change Malaita’s Provincial Government.”
“We have accepted that and taking the moral high ground to move on and continue showing in our words and actions our support to protect our people’s resources from corrupt investors and self-serving leadership and uphold democratic principles, Christian values and customs of our ancestors which Malaita people believe in and embrace.
“Honourable Minister, I was not surprised to receive your letter, but I want to know your motive.
“Your letter was serious, with several strong claims taken together and presented to allege that I breached section 15(1) (a) of the PGA.
“The claims needed to be corrected and the letter suffered from misinterpreting section 15(1) (a).
“I am compelled to write this letter to ensure I put the record straight and point out how you, as the Honourable Minister of the Ministry of Provincial Government and Institutional Strengthening, was misled or mistaken in your letter.
“In the absence of this clarification, I am concerned there is a tendency that you, as the Honourable Minister, will abuse the application of section 15 of the PGA,” Premier Suidani said in his letter to Minister Seleso.
“Please allow me to summarise the claims in your letter and the threat of disqualifying me from being a member of the Malaita Provincial Assembly.
“Honourable Minister, in your letter, you stated: I have perused statements by yourself made in the various daily newspapers, in international newspapers including on international television and have formed the view that by your own act and/or conduct you have shown allegiance and adherence to the foreign power, being Chinese Taipei in defiance of the decision of the sovereign government of Solomon Islands.
“You further claimed that statements I made include;
(a) Repeatedly stating that [I] do not uphold the decision of the Government in switching diplomatic recognition to People’s Republic of China.
(b) Recognising Chinese Taipei over the decision of a democratically elected Government to which the Provincial Government is an Agent.
(c) Repeatedly making statements inciting disharmony and dissatisfaction against the National Government with regards to the decision to recognise People’s Republic of China.
“The letter’s warning and threat of disqualification were based on the claims mentioned above.
“The disqualification from a provincial assembly was spelled out as possible based on sections 15 (1) (a) and 16 of the PGA.
“Section 15 (1) (a) states: “A person shall be disqualified from membership of a Provincial Assembly if the person – (a) is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state.
“The Speaker shall declare a disqualified member’s seat vacant under section 16.
“Honourable Minister, your letter on 23 February 2023 promoted specific claims based on misstatements and misapplication of the law, which could potentially lead to vexatious and mischievous action.
“Honourable Minister, the claim you made that my statements were actions – statements I made within the bounds of law and for the common good of my people during my time as Premier of Malaita Province – that breached section 15(1) (a) goes to show your bias attitude of selectively using the PGA to serve you and DCGA’s political interest rather than genuinely upholding the rule of law.
“Honourable Minister, allow me to respond with a logical representation and interpretation of your claims and intention to use the PGA section 15(1) (a) as a disqualification provision.
“To begin, the PGA section 15(1) (a) provides that a member of a provincial assembly is disqualified if he “is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state.”
“Honourable Minister, your interpretation of the PGA section 15(1) (a) omitted the word acknowledgment.
“In your letter, you mentioned ‘action or conduct’ showing ‘allegiance, obedience, and adherence to a foreign power’ with generalised reference to my media statements as the basis for applying section 15.
“As a result, I question your interpretation of this section.
“According to case law from several commonwealth countries that have legal provisions with the exact wording as the PGA 15(1)(a), the purpose of such provision is to prohibit elected members from having a split “allegiance, obedience or adherence” to their country and a foreign power or state.”
“The words “allegiance, obedience, or adherence to a foreign power” are to do with loyalty – the basis for disqualifying an elected person from public office.
“Determining loyalty also requires evidence showing that the foreign power can compel an elected person to show loyalty or patriotism by acting in a certain way or following the foreign power’s instructions.
“Honourable Minister, your letter has not provided any evidence to substantiate your assertion that such loyalty to a foreign power exists.
“Your letter also did not explain or mention specific statements I made and the publication platform to establish how the foreign power had compelled me to show loyalty or patriotism.
“Honourable Minister, your understanding of “allegiance, obedience, or adherence” seems narrow and politically subjective.
“Your assertion that I made “public statements opposing the DCGA’s switching diplomatic recognition to People’s Republic of China” did not, in itself, satisfy the true meaning of “allegiance, obedience, or adherence to a foreign power.
“Honourable Minister, your intention to use the PGA section 15(1) (a) demonstrates a selective approach to applying the law.
“This section is a duplicate of section 49 (1) (a) of the Constitution, which states, “No person shall be qualified for election as a member of Parliament who – is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state, “Mr Suidani said.
“Some Members of Parliament have made media statements against DCGA’s decision to switch to PRC.
“Some public servants have even leaked government documents relating to DCGA’s MOUs and security agreement with PRC in the media.
“Does this prove an acknowledgment of allegiance, obedience, or adherence to a foreign power?
“Other Members of the DCGA wear small PRC pin flags on their suits when they attend every meeting in Solomon Islands Parliament.
“The Ministers of DCGA often show up for PRC events but only send government officials to attend events hosted by other countries.
“Honourable Minister, if we follow your line of reasoning on the interpretation of the PGA section 15(1)(a) (duplicate of section 49 (1) (a) of the Constitution), wouldn’t you think that the action or conduct by the DCGA MPs is an “acknowledgment of allegiance, obedience, or adherence to a foreign power or state?
“Second, Honourable Minister, you claimed my statements on various news platforms have shown an “act and/or conduct [showing] allegiance and adherence to the foreign power, being Chinese Taipei in defiance of the decision of the sovereign government of Solomon Islands.
“Ironically your use of the term “Chinese Taipei” is itself a demonstration of the language mandated by the PRC.
“Is this not a demonstration that you, Honourable Minister, are obeying PRC, thereby showing allegiance, obedience, or adherence to a foreign power or state?
Honourable Minister, your allegations are concerning because your claims here are about transferring loyalty or patriotism to a foreign power.
“Where is the evidence? Honourable Minister, can you provide documentation of specific media statements I made that constituted an action or conduct of “acknowledgment of allegiance and adherence to the foreign power?
“Third, Honourable Minister, you claimed the statements I made that breached PGA section 15 included “not upholding the DCGA’s decision to switch to China (PRC); recognising Chinese Taipei over DCGA’s decision; and inciting disharmony and dissatisfaction against the National Government with regards to the decision to recognise People’s Republic of China.
“Honourable Minister, your claims here are generalised without pointing out any specific media publication of my statements to substantiate how the statements you referred to in your letter generated “any acknowledgment of allegiance, obedience or adherence to a foreign power or state.
“Fourth, Honourable Minister, nothing in your letter establishes that my statements in the local, regional, and international media from 2019 to 2023 are an “acknowledgment of allegiance, obedience, or adherence to a foreign power,” Mr Suidani said in his letter to Minister Seleso.
“I made statements from 2019 – January 2023 on various media platforms in my then capacity as Premier of Malaita, the province with the largest population in Solomon Islands.
“In that capacity, and as a democratically elected member for Ward 5, West Baegu – Fataleka, I have a legal mandate to speak on behalf of my people, supporting the principles and values of democracy and raise concerns on any policy matters at the provincial and national levels that are questionable, or biased, or unjustified, or might have negative implications on my people of Malaita and their resources.
“Fifth, Honourable Minister, you claim that I repeatedly stated “that [I] do not uphold the decision of the Government in switching diplomatic recognition to People’s Republic of China” as “act and/or conduct [showing] allegiance and adherence to the foreign power.
“This claim lacks any merit in fact or law.
“There is a big difference between taking a policy position and “showing allegiance or adherence to a foreign power.
“For three and half years (2019 – January 2023), the MARA government and I, as the then Premier of Malaita Province, took a principled policy position outlined very clearly in the Auki Communique.
“All my public statements as the then Premier of Malaita Province were consistent with the democratic principles and restorative economy position of the MARA government as reflected in the Auki Communique.
“Honourable Minister, please provide specific media statements I made and point out how they and the Auki Communique created an “acknowledgment of allegiance, obedience or adherence to a foreign power or state?
“Sixth, Honourable Minister, your claims and intention to remove me from being a member of the Malaita Provincial Assembly are more political than legal.
“Your interpretation of PGA section 15(1) (a) shows a misinterpretation of the law.
“The section mentions “own act, under any acknowledgment.
“The action under this section requires ascertaining “any acknowledgment” of loyalty (i.e. allegiance, obedience, and adherence) to a foreign power.
“The “acknowledgment” must be substantive and not just based on subjective opinions and biased political perceptions,” Mr Suidani said in his letter to Minister Seleso.
“Examples of acknowledgment of loyalty (allegiance, obedience, and adherence) as illustrated by a genealogy of case law cover actions or conducts such as ‘acceptance of a foreign passport; service in one of the foreign armed forces; taking an oath of allegiance to a foreign power (not a subject or citizen of that state); seeking the protection of a foreign state; or even describing oneself in an official document as a citizen or subject of a foreign state.
“Honourable Minister, again in your letter, you have not provided any evidence or specific reference to any media publication showing how my statements were actions of acknowledgment of my loyalty (i.e., allegiance, obedience, and adherence) to a foreign power.
“Therefore, Honourable Minister, your intended cause of action to disqualify me as a member of the Malaita Provincial Assembly is unjustified.
“Finally, Honourable Minister, your claim that I repeatedly made statements “inciting disharmony and dissatisfaction against the National Government with regard to the decision to recognise the People’s Republic of China,” thereby showing loyalty to a foreign power, lacks any factual basis.”
“I consider your claim politically manufactured to justify your intention of applying PGA section 15(1) (a) against me.
“Honourable Minister, if you consider my statements were inciting “disharmony and dissatisfaction,” against DCGA, please provide evidence to substantiate your claim and show me how this is proof of “any acknowledgment of allegiance, obedience or adherence to a foreign power or state.
“Summation Honourable Minister, I have highlighted that your intention to use section 15 of the PGA against me is questionable.
“Honourable Minister, your letter brings to light a selective approach with a vindictive political intention to disqualify me from being a Member of the Malaita Province Assembly for speaking up on behalf of my Malaita people, supporting the principles of democracy, decency, and integrity,” Mr Suidani said in his letter to Minister Seleso.
“Not one moment have I, as a patriotic Solomon Islander, a Malaitan, an elected member of Ward 5, West Baegu – Fataleka, and as the then Premier of Malaita Province, avoided speaking truth to power and standing up for democratic and good governance principles, Christian and customary values my people of Malaita and I believe in without fear.
“I should not be disqualified from being a Member of the Malaita Provincial Assembly for exercising my freedom of expression in support of democratic principles and values and legal safeguards as part of the MARA government restorative economy platform during my time in office as the Premier of Malaita Province.
“My statements in the local, regional, and international media were within the bounds of the law.
“Please consider my response and refrain from applying section 15 of the PGA to disqualify me from being a Member of the Malaita Provincial Assembly when there is no factual or legal basis.
“To do otherwise is an abuse of the PGA and an undermining of the rule of law.
“I look forward to your response,” Mr Suidani said in his letter to Minister Seleso.
The former Malaita Premier is the only Premier in the history of Malaita Province to face three motions of no confidence.
Those three motions of no confidence were backed and financed by the DCGA to remove Suidani from power for speaking against DCGA and China.
By WILSON SAENI in Auki
