AG, Premier Suidani locked horns over Sifoni’s sacking
THE Attorney General (AG), John Muria Junior said the termination of the Malaita Deputy Premier Randal Sifoni is illegal, according to the Provincial Government Act.
Mr Muria stated this in response to a letter from the Malaita Province Legal Officer, Bradley Dalipanda when seeking legal opinion on the sacking of Sifoni.
The same letter also seeks the AG’s legal opinion on the latest appointment of Glen Waneta as the new Malaita Deputy Premier.
In the letter sighted by this paper, the AG stated that Premier cannot remove Mr Sifoni from the position of Deputy Premier as he is out of the county and is said to be out of jurisdiction.
The letter stated that Premier Suidani had acted outside or beyond his legal authority when he fired Sifoni from office.
“In this case, the Premier is out of the Country and so is therefore out of jurisdiction.”
“It is irrelevant whether the Premier is seeking medical attention or is on official duty, the fact is that the Premier is out of jurisdiction.”
“Therefore, in answer to the above: (a) Whether the Premier, currently residing in Australia, can exercise functions under the Provincial Government Act 1997 (“the Act”), in particular terminating Ministers; No.”
“(b) If the answer to the question is no, is the letter issued by the Premier ultra vires his powers; Yes”.”
“(c) Whether a resignation of a Provincial Minister must carry the consent of the Premier; No.”
In response to this, Premier Suidani said the decision stands and Glen Waneta is the new Deputy Premier of Malaita.
Premier Suidani in a letter issued to the Speaker of the Malaita Provincial Assembly this week calling on the administering Oath of office of Deputy Premier, Glen Waneta of Ward 8.
The letter sighted by this paper reads, “My decision of 23 August 2021 to reduce the composition of the Malaita Provincial Government Executive from 17 to 16, which resulted in Randal Sifoni being relieved of his duty as Minister and relieved of his duty as Deputy Premier remains in effect.”
“My decision was based on power vested on me as Premier under sections 20 and 21 of the Provincial Government Act (PGA) and this remains in order until anyone has taken that to Court and the Court declares otherwise.”
“I exercise my power under the principle that any exercise of power by the person holding the power is assumed to be in order unless reversed by the High Court.”
In this case, Mr Suidani said his action as Premier is valid and effective until anyone has challenged that in the High Court and the High Court declares it to be invalid.
“The Malaita Provincial Government Executive members are to continue performing their function unless a High Court order declares that they should stop.”
“At this stage, the Attorney General’s advice or indeed any advice by anyone is a mere opinion and cannot form an injunction against the implementation of the actions determined by the Premier.
“The removed Minister and Deputy Premier, Randal Sifoni, is encouraged to take up the matter at court if he feels that his rights are unlawfully or unfairly interfered with.”
“In absence of an order from the High Court on that, Hon Randal Sifoni has been effectively terminated and no longer has any power to exercise in that capacity.”
“Any attempt by Sifoni to remain in office is null and without legal basis.”
The letter further stated, “As required by the PGA, I have advised the Minister of MPGIS that Glen Waneta will take up the role of Deputy Premier. The Minister of MPGIS as required by the PGA section 20(4) must make the appointment in accordance with the advice from the Premier.”
“The Police must maintain order and preserve the integrity of the Malaita Provincial Government.”
The letter concluded by stating, “I therefore request that you administer the Oath of Office to Hon Glen Waneta MPA for ward 8 as the new Deputy Premier of Malaita Provincial Government.”
By WILSON SAENI
In Auki
