Court rules in favour of Suidani

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The High Court has found that the former Minister of Provincial Government Rollen Seleso acted beyond his powers when he disqualified the former premier of Malaita Daniel Suidani from his provincial seat of West Baegu/Fataleka in 2023.

Suidani was disqualified from his seat after the government claimed that he had shown allegiance and adherence to foreign power, being Chinese Taipei. Also, it was asserted that Suidani did not uphold the decision of the national executive government in switching diplomatic recognition to Peoples Republic of China.

In response, the former Premier of Malaita challenged his disqualification claiming that that the Minister was not vested with statutory power to issue the show cause letter of 23 February 2023—which disqualified him as an MPA.

In her ruling Puisne Maelyn Bird said: “I hereby declare that the Second Respondent (Seleso) has acted ultra vires his powers when he disqualified the Petitioner to be amember for Ward 5, West Baegu/Fataleka, Fataleka Constituency, Malaita Province by letter dated 20 March 2023.”

She said the disqualification of the Petitioner was null and void.

Bird also ruled that the declaration by the minister that Ward 5 of West Baegu/Fataleka Ward of Malaita was vacant was also null and void.

“I subsequently declare that the Petitioner (Suidani) had remained lawfully electedprovincial member for Ward 5, West Baegu/Fataleka Ward of Malaita Province and that the seat was never vacant,” she ruled.

Furthermore, she said Suidani is entitled to wages, allowances and all otherentitlements payable to him or receivable by the members o f the MalaitaProvincial Assembly, including all wages, allowances and other entitlements.

“Having said the above, I can rightly conclude that the Second Respondent lacked the power

to disquality the Petitioner from being a member of the Malaita Provincial Assembly by

his letter dated 20 March 2023. He had acted ultra his powers in doing that act,” she stated.

BACKGROUND

• Daniel Suidani (Petitioner) was duly elected in June 2019 to represent Ward 5, West Baegu/Fataleka, Fataleka Constituency, Malaita Province for a term of 4 years. He was also duly elected Premier of Malaita. He was ousted as Premier in February 2023, following a motion or no confidence.

• On 23 February 2023, the Minister for Provincial Government (Second Respondent) issued a ‘Notice to Show Cause to the Petitioner on allegation of acknowledgment of allegiance and adherence to foreign power. The Petitioner responded to the notice denying them and requested particulars of the allegations.

• On 20 March, the Minister disqualified the Petitioner without providing any particulars and or reasons. Pursuant to the disqualification, the Speaker (First Respondent) had on 6 April 2023, declared the seat for Ward 5 vacant. Such is the background that led to the filing of this proceeding.

• An Amended Vacancy Petition was filed on 31 July 2024. In his amended petition, the Petitioner is challenging the decision of the Second Respondent in disqualifying him as a provincial member for Ward 5, West Baegu/Fataleka, Fataleka Constituency. He is also challenging the consequential decision of the First Respondent to declare vacant the seat for Ward 5.