SICTU Seeks Judicial Review Over Leroy Wharf’s legal status

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The Solomon Islands Council of Trade Unions (SICTU) today announced its intention to seek a High Court judicial review of the processes leading to the declaration of Leroy Wharf as an international port.

SICTU maintains that the wharf remains a national security risk until the High Court confirms that due diligence was lawfully followed under the Solomon Islands Ports Authority (SIPA) Act.

Under Sections 5 and 7 of the SIPA Act, the Solomon Islands Ports Authority (SIPA) holds exclusive statutory authority to assess, regulate, and designate ports as international. This requires rigorous evaluations of technical, safety, operational, and environmental standards, as well as formal approvals by designated ministers.

SICTU’s concerns centre on the former Prime Minister’s unilateral declaration of Leroy Wharf’s international status, which appears to have by passed SIPA’s mandated role designated ministers.

Key issues include:

Violation of SIPA’s Statutory Authority: The declaration may have disregarded SIPA’s legally binding responsibility to conduct formal assessments and approvals.

Lack of Joint Ministerial Signage: The process reportedly omitted required collaboration between the Ministers of ministry of Finance and Treasury, and minister of ministry Infrastructure Development.

Insufficient Due Diligence: Mandatory evaluations of infrastructure readiness, security protocols, and environmental impacts remain unverified.

Absence of Transparency: No parliamentary oversight or public consultation with stakeholders, as recommended for decisions of national significance.

SICTU emphasizes that while the Minister of Finance has asserted the declaration’s legality under executive authority, statutory mandates vested in SIPA cannot be overridden without formal amendments to the Act.

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