A former minister in the Democratic Coalition for Government Advancement (DCGA) has praised Rollen Seleso for his decision to disqualify the former Premier of Malaita Province, Daniel Suidani, from his West Baegu/Fataleka seat in 2023.
This praise comes despite a ruling by High Court Justice Maelyn Bird on Thursday, which declared that the removal of Suidani in 20 March, 2023 was “unlawful”.
Seleso, who served as the Minister of Provincial Government and Institutional Strengthening in the DCGA Government led by Manasseh Sogavare, received support from a former colleague, who wished to remain anonymous.
The former minister clarified that the decision to remove Suidani was a collective one made by the Government, not an individual action by Minister Seleso.
“In any Government decision, the Cabinet has to approve it. In this case, the Cabinet approved it, and Seleso, as the Minister of Provincial Government, acted on its behalf,” the former minister explained.
While acknowledging the High Court ruling, the former minister argued that without Seleso’s decision, Malaita would not have benefitted from the national projects that have since been implemented.
“If Minister Seleso had not removed Suidani, he would have continued to cause disturbance to the National Government. Now that the law has found Seleso’s decision to be unlawful, the people of Malaita are starting to see national projects take place, and they will benefit from them,” the former minister said.
Some of the national projects to benefit Malaita include the Auki Tarseal project, funded by the People’s Republic of China, the Kilu’ufi hospital upgrade, funded by Japan, and the upgrading of the South Road, funded by the Australian Government.
Suidani, who was elected in June 2019 to represent Ward 5, West Baegu/Fataleka, in Fataleka Constituency, Malaita Province, had a four-year term. He was also duly elected as the Premier of Malaita. However, he was ousted from his position in February 2023 following a motion of no confidence.
On 23 February 2023, the then Minister for Provincial Government, Seleso (Second Respondent), issued a ‘Notice to Show Cause’ to Suidani, citing allegations of acknowledging allegiance and adherence to foreign powers. Suidani denied these allegations and requested more details.
On 20 March 2023, Seleso disqualified Suidani without providing specific reasons or details. Consequently, the former Speaker of Malaita Province, Ronnie Butala (First Respondent), declared the Ward 5 seat vacant on 6 April 2023. This decision led to the filing of the current legal proceedings.
An Amended Vacancy Petition was filed on 31 July 2024, in which Suidani challenged the decision by Seleso to disqualify him and the subsequent declaration of the seat’s vacancy by Butala.
In her ruling, Justice Bird said the second respondent lacked the power to disqualify the petitioner (Suidani) from being a member of the Malaita Provincial Assembly by his letter dated 20 March 2023.
She said he (Seleso) has acted ultra his powers in doing that act.
Furthermore, Justice Bird said any questions about qualification and disqualifications of members of Parliament is vested on the returning officer of a constituency.
However, Justice Bird refused to grant the Petitioner’s (Suidani) claim for exemplary damages because there was no evidence to show how he was embarrassed and or harmed internationally, regionally and domestically.
But Justice Bird said the petitioner (Suidani) is entitled to wages, allowances and all other entitlements payable to him or receivable by the members of the Malaita Provincial Assembly.
In analysing Justice Bird’s ruling, Dr. Joseph Foukona, a lecturer at the University of Hawaii, commented that the court’s ruling serves as a reminder that governmental powers must be exercised responsibly and justly.
He emphasized that the ruling sets a precedent for ministers and others in positions of authority, urging them to act within the limits of their authority and to make decisions based on sound judgment and legal advice.
“Their approach should not be driven by political factors, but by sensible legal advice to ensure their decisions are not deemed ‘ultra vires,'” Dr. Foukona added.
Suidani has retained his provincial seat in last April’s Joint National Election but did not contest for the Premier’s post.
However, the Government’s legal team is carefully reviewing the High Court judgment on the Daniel Suidani case.
A decision to appeal will be made upon assessing the various legal arguments outlined in the judgment.
The Government said there is a time limit of 30 days from the date of the judgment for the filing of an appeal and any filing of an appeal must be made before the expiration of the Appeal time limit.
