Commissioner of Lands, Allan McNeil, has dismissed allegations of fraud surrounding the government lease over the Kongulai water treatment plant land, saying the issue was a mistake rather than any deliberate wrongdoing.
Mr McNeil made the clarification last Thursday following claims in the media questioning the variation of the government lease made in 2023, particularly the amendment to the term of lease (RT Form 10).
He said the matter is currently before the court, yet details have been leaked to the media, resulting in public debate and the spread of misinformation that needs to be corrected.
“A challenge has been made in various forms to the variation, and while the matter is still before the court, details have found their way into the public arena, leading to incorrect statements,” Mr McNeil said.
The controversy stems from allegations that the lease variation was fraudulently executed because the RT Form 10 indicates that deceased individuals signed the document on 28 November 2023. Some landowners have claimed they did not sign the form or the Memorandum of Agreement (MOA) on that date.
However, Mr McNeil referred to an article published on the Solomon Islands Government (SIG) website confirming the signing of both the lease variation and MOA on 28 November 2023.
According to the article titled “SIG, SIWA and Landowners Sign Kongulai MOA”, the agreement was signed at the Office of the Prime Minister and Cabinet by Commissioner of Lands Allan McNeil on behalf of the Solomon Islands Government, Solomon Water CEO Carmine Piantedosi, and landowner representatives John Tupe, Michael Hanikouna, Hillary Rava, Damaso Roko and Charles Chilivi Keku.
The MOA followed years of negotiations to review the lease after a 2015 High Court ruling determined that no one owns flowing water, and therefore landowners could not benefit from water extracted by Solomon Water. Landowners felt this excluded them from income generated from the use of their land.
In August 2023, landowners met with the Prime Minister, during which a payment of $3 million was promised. Subsequent negotiations determined how this payment would align with the existing government lease.
As part of the process, landowners appointed new trustees to replace deceased tribal leaders, a step finalised in October 2023. The MOA increased the annual land rent to $850,000 and stipulated that the Commissioner of Lands—not the Office of the Prime Minister and Cabinet—would be the government’s point of contact for all land payments.
Under the agreement, annual rent payments are to be paid into a single bank account designated by the landowners, commencing with a lump sum payment of $3 million covering the period from 2021 to 2023 and part of 2024. The lease review period was also reduced from 10 years to eight years.
Mr McNeil said the only error occurred when his deputy, Maeli Lubasia, entered the names of the original lessors—Kasiano Lalau, Savino Laugana, Joseph Pali, Simon Vavi and Damaso Roko—on the lease variation documentation.
He said the five individuals signed the original lease on 28 November 1983, but four of them, except Mr Roko, have since passed away.
Mr Lubasia admitted he was under pressure to complete the registration quickly, which led him to mistakenly include the names of deceased persons when completing the Commissioner of Oaths section.
Attorney General John Muria Junior also rejected claims of fraud, saying there was no intention to deceive or gain benefit.
“What fraud is this? What benefit would anyone gain from it? There is none. There is no fraud,” Mr Muria said.
He explained that the signatories reflected the names on the certificate of title and that the matter simply requires correction by the Registrar.
“What happened was the Acting Commissioner entered the names of deceased persons instead of the current lessors. That is an administrative error that can be corrected,” he said.
Photo caption: Commissioner of Lands, Allan McNeil and his deputy, Maeli Lubasia during the press conference last Friday.
