IT IS said that when you point a finger at someone, four are pointing back at you.
This aptly describes what is happening at the Ministry of Mines, Energy and Rural Electrification, which last week announced a commission of inquiry into alleged non-payment of some 33 shipments of bauxite from West Rennell.
Hardly the perspiration (sweat) had dried after announcing the inquiry, when Minister Derrick Manuari and the Director of Mines, Krista Jacob Tatapu, were hit with a contempt of court order over tenements in the Mbarande and Mbalasuna areas in east Guadalcanal.
Both Minister Manuari and Mines Director Krista Tatapu were served letters last Friday accusing them of ignoring “On-going Contempt of Court and Unlawful Allocations of Mining Rights over Judicially Disputed Tenements”, according to Bets Legal Services, Barristers and Solicitors, acting
The letter addressed to the Minister said in part,
“Dear Honourable Minister,
We write on behalf of our client, Solomon Resources … to express grave concern regarding ongoing unlawful conduct by the Director of Mines, Ms. Krista Jacob Tatapu, and the Mines and Minerals Board, in relation to tenement areas that are the subject of Judicial Review Case HCC 714 of 2021, currently pending before the High Court of Solomon Islands”.
The Judicial Review Case HCC 714 of 2021 began on 12 December 2021, when Solomon Resources … filed judicial review proceedings challenging the Mines and Minerals Board’s decision to refuse the extension of Prospecting Licenses PL 05/16 (Mbarande) and PL 06/16 (Mbalasuna).
According to a copy of the letter which Solomon Star has sighted, the claim was “duly served on the Director of Mines and remains pending”.
“We respectfully call upon you, the Minister of Mines, along with the Director of Mines and the Mines and Minerals Board, to take immediate action to rectify this serious breach of public duty and legality. Specifically, we request (that):
• all Letters of Intent, Prospecting Licenses, and Mining Licenses issued over the tenements under judicial review be rescinded without delay;
• a full moratorium be imposed on further licensing activity over the disputed areas until the High Court has rendered its final ruling;
• internal guidance be issued across the Ministry and Board affirming the obligation to respect court proceedings and the rule of law;
• a formal investigation be launched into the conduct of the Director of Mines and Board members for bias, misconduct, abuse of public office, and potential contempt of court.
The letter warned that failure to take these steps would compel our client to pursue:
- Contempt of court proceedings against responsible parties;
• Applications for judicial directions or declarations to preserve the subject matter of litigation;
• Claims for compensatory and exemplary damages for the harm suffered by the unlawful allocations,” the letter said.
Minister Manuari said he will consult with the Attorney General Office and will see what actions there are to take.
However, he confirmed in Parliament that the company undertaking the mining activities in the area does not have the licence to do so. The Minister also confirmed that police are investigating the matter.
It was reported that former Finance Minister Manasseh Sogavare has exposed shocking failures in the management of Solomon Islands’ mineral wealth — halted licenses, missing revenues, and minerals allegedly flown out of the country without any record of money coming back to the government.
Eighteen (18) alluvial mining licenses were ready to go — now halted, after the GNUT fall out, the weekly Online publication has reported.
There is no record of taxes from minerals allegedly smuggled out via either planes or foreign ships.
“This could be subject to investigation”.
By Alfred Sasako
