A Munda-based lawyer in Western Province has raised concerns over what he describes as significant gaps in the Provincial Government Act 1997, saying the legislation has failed to deliver genuine political devolution nearly three decades after its enactment.
Mr Edward Biku, a legal practitioner and resident of Munda in Western Province, said the Act was originally designed to strengthen decentralisation but in practice has only achieved administrative decentralisation.
“The Provincial Government Act 1997 was intended to strengthen decentralisation. However, nearly three decades later, it is evident that the Act reflects administrative decentralisation rather than genuine political devolution,” Mr Biku told Solomon Star in a interview.
He pointed out that Section 1 of the Act allows unequal commencement and gives excessive discretion to the Minister, which he says creates uncertainty and unequal constitutional treatment among provinces.
“Such provisions create legal uncertainty and uneven application of the law across provinces,” he said.
Mr Biku also highlighted concerns over boundary control under Sections 4 to 6, noting that the power to initiate boundary reviews remains centralised with the Minister.
“Provinces cannot independently trigger binding boundary reviews. That weakens territorial integrity and undermines provincial authority,” he said.
On electoral arrangements, Mr Biku said Section 7(4) allows the Minister, with Cabinet approval, to alter provincial electoral structures.
“This exposes provincial electoral arrangements to potential political manipulation,” he added.
He further criticised the ordinance assent mechanism under Sections 30 to 32, which allows the Minister to withhold assent or disallow provincial laws based on undefined ‘Government policy’.
“That undermines provincial legislative authority and creates ambiguity around what constitutes government policy,” Mr Biku said.
Financial provisions under Sections 35 and 37 were also raised as areas of concern. Mr Biku said these sections entrench fiscal dependence by allowing the Minister to suspend expenditure or determine payments into Provincial Funds without a guaranteed revenue-sharing formula.
“Without a clear revenue-sharing framework, provinces remain financially dependent on central government discretion,” he said.
He also expressed concern over Section 44, which provides for the suspension of a Provincial Government on broad grounds such as actions deemed “prejudicial to national interest.”
“The wording is too broad and risks political interference in provincial governance,” he said.
Mr Biku further noted that the Act lacks constitutional entrenchment, meaning provincial powers can be amended without provincial consent.
In supporting his position, Mr Biku referred to the Official Report 2020 prepared by Warren Paia and Thornily Hite during the premiership of David Gina. The report identified similar structural and constitutional weaknesses within the 1997 Act.
He said the report anchored Western Province’s position in a clear and diplomatic manner and made several key recommendations, including:
– Re-enacting the Provincial Government Act 1981 in full;
– Halting proposed amendments to the 1997 Act;
– Maintaining maritime boundaries and coordinates as defined in the 1981 Act until the Draft Federal Constitution 2012 is adopted;
– Resisting moves to recentralise or downgrade provincial powers;
– Establishing a Provincial Office to monitor reforms under the 1997 Act;
– Appointing local experts to sustain momentum toward ratification of the Federal Constitution; and
– Implementing provisions of the 1981 Act relating to Devolution Orders, Agency Agreements, borrowing powers, and revenue creation and sharing.
“The Official Report 2020 provided a well-reasoned and principled assessment of the structural, legal and constitutional implications of the proposed reforms,” Mr Biku said.
“It reflected a clear commitment to safeguarding provincial autonomy, strengthening devolution, and ensuring that any amendment to the existing framework is grounded in proper consultation and constitutional integrity.”
Mr Biku stressed that the current ACAREA Executive Government and future administrations of Western Province must prioritise this position through meaningful dialogue with the responsible Ministry and the Government of Solomon Islands.
“Western Province stands committed to meaningful autonomy, proper consultation, and a structured transition toward a federal system grounded in constitutional certainty,” he said.
By ULUTAH GINA
Solomon Star, Gizo
