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2008 Assessment

Solomon Islands: Integrity Indicators Scorecard

Solomon Islands : Integrity Scorecard Report > Sub-Category: Judicial Accountability
Indicators		Score
36	Are judges appointed fairly?	67
37	Can members of the judiciary be held accountable for their actions?	50
38	Are there regulations governing conflicts of interest for the national-level judiciary?	36
39	Can citizens access the asset disclosure records of members of the national-level judiciary?	0

Indicator and sub-Indicator Details

Are judges appointed fairly?

36a: In law, there is a transparent procedure for selecting national-level judges.

Score:

YES

Comments:

References: Constitution of Solomon Islands, 1978, [ LINK ] S. 78. (1) provides that 'the Chief Justice shall be appointed by the Governor-General, acting in accordance with the advice of the Judicial and Legal Service Commission. (2) The puisne judges shall be appointed by the Governor-General, acting in accordance with the advice of the Judicial and Legal Service Commission." The Judicial and Legal Service Commission is constituted under S. 117 of the Constitution and comprises the Chief Justice (Chairman), the Attorney-General; the Chairman of the Public Service Commission; the President of the Bar Association; and two other members.

36b: In practice, professional criteria are followed in selecting national-level judges.

Score:

100

Comments:

References: Frank Kabui, Chairman, Solomon Islands Law Reform Commission, Interview, May 7, 2009

Hon. Albert Palmer, Chief Justice, Interview, May 11, 2009, Honiara

36c: In law, there is a confirmation process for national-level judges (i.e. conducted by the legislature or an independent body).

Score:

YES

Comments:

References: Constitution of Solomon Islands, 1978, [ LINK ]

Frank Kabui, Chairman, Solomon Islands Law Reform Commission, Interview, May 7, 2009

Can members of the judiciary be held accountable for their actions?

37a: In law, members of the national-level judiciary are obliged to give reasons for their decisions.

Score:

YES

Comments: There is nothing in formal law that requires members of the judiciary to give reasons for decisions, but it is the practice under British common law (which applies in Solomon Islands).

References: Constitution of Solomon Islands, 1978, [ LINK ]

Frank Kabui, Chairman, Solomon Islands Law Reform Commission, Interview, May 7, 2009

Hon. Albert Palmer, Chief Justice, Interview, May 11, 2009, Honiara

37b: In practice, members of the national-level judiciary give reasons for their decisions.

Score:

100

Comments: This is the standard practice. Judges follow the practice in the higher courts also because of the possibility of appeals, and the necessity that appeals court judges make reference to reasons for judgments from the High Court.

References: Frank Kabui, Chairman, Solomon Islands Law Reform Commission, Interview, May 7, 2009

Hon. Albert Palmer, Chief Justice, Interview, May 11, 2009, Honiara

Extensive records of Solomon Islands written High Court and Court of Appeal judgments dating back to independence are available online [ LINK ] and [ LINK ].

37c: In law, there is a disciplinary agency (or equivalent mechanism) for the national-level judicial system.

Score:

YES

Comments: Yes - although there is no standing organization, only a specifically convened Special Tribunal to deal with particular complaints serves this purpose for the High Court.

Disciplinary procedures are conducted through a Special Tribunal appointed by the Governor General comprising 'a chairman and not less than two other members, selected by the Governor-General from among persons who hold or have held high judicial office in some part of the Commonwealth.' [Constitution of Solomon Islands, 1978, S. 80 (6a)]

References: Constitution of Solomon Islands, 1978, [ LINK ]

Frank Kabui, Chairman, Solomon Islands Law Reform Commission, Interview, May 7, 2009

Hon. Albert Palmer, Chief Justice, Interview, May 11, 2009, Honiara

37d: In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference.

Score:

YES

Comments: There are no explicit protections, although appointment by the Governor General helps to keep the tribunal distant from potential political interference.

References: Constitution of Solomon Islands, 1978, [ LINK ]

37e: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The judicial disciplinary agency (or equivalent mechanism) is fair in its application of this power. 50 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The judicial disciplinary agency (or equivalent mechanism), though limited in effectiveness, is still fair in its application of power. 0 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) rarely investigates on its own or cooperates in other agencies\' investigations, or the judicial disciplinary agency (or equivalent mechanism) is partisan in its application of this power.$

Comments: No - the tribunal is convened for a specific purpose. A complaint needs to be made first, and only then is a tribunal appointed by the Governor General. Where the tribunal meets, if necessary it is able to impose the penalty of removal. It does not initiate investigations. It is only convened specifically for the purpose.

The chief justice explains that he is able to personally initiate proceedings, before making recommendations, but usually the result is simply to talk to the judge concerned. He has the option of going to the Justice and Legal Services Commission or, in very serious cases, going to the Governor General and requesting that a tribunal be established.

References: Frank Kabui, Chairman, Solomon Islands Law Reform Commission, Interview, May 7, 2009

Hon. Albert Palmer, Chief Justice, Interview, May 11, 2009, Honiara

37f: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders.

Score:

100

Comments: Yes - in the sense that the penalty is removal. No other penalties can be imposed. Where the tribunal meets, if necessary it is able to impose the penalty of removal. It does not initiate investigations. It is only convened specifically for the purpose.

References: Frank Kabui, Chairman, Solomon Islands Law Reform Commission, Interview, May 7, 2009

Are there regulations governing conflicts of interest for the national-level judiciary?

38a: In law, members of the national-level judiciary are required to file an asset disclosure form.

Score:

YES

Comments: Leadership Code (Further Provisions) Act 1999, Part II, S. 8. (1) "Every Leader shall, within three months of his becoming a Leader, and thereafter at intervals not exceeding two years, give a separate statement in respect of himself, his spouse and each of his children setting out to the best of his knowledge - (a) all directorships in any company or corporation held by each of them; (b) the business occupations 4 each of them; (c) the holdings of each of them of any shares of, or debentures or other securities charged upon, any company or corporation; (d) the total income received by each of them during the period to which the statement relates and the sources of each of those incomes; (e) all business transactions involving a sum of one thousand dollars or more entered into by each of them during the period to which the statement relates; (f) subject to subsection (4), all gifts received by each of them during the period to which the statement relates, and the value of each of such gifts; and (g) the assets acquired by each of them during the period to which the statement relates." See [ LINK ]

References: Leadership Code (Further Provisions) Act 1999, [ LINK ]

Frank Kabui, Chairman, Solomon Islands Law Reform Commission, Interview, May 7, 2009

Hon. Albert Palmer, Chief Justice, Interview, May 11, 2009, Honiara

38b: In law, there are regulations governing gifts and hospitality offered to members of the national-level judiciary.

Score:

YES

References: Frank Kabui, Chairman, Solomon Islands Law Reform Commission, Interview, May 7, 2009

Leadership Code (Further Provisions) Act 1999, Part II, S. 8. (1) [ LINK ]

38c: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary.

Score:

YES

Comments: There are no legal requirements for asset disclosures to be audited.

References: Leadership Code (Further Provisions) Act 1999, [ LINK ]

38d: In law, there are restrictions for national-level judges entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national-level judges\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments: There are no such restrictions. Judges nowadays retire at 70, and do not move back into private legal practice.

References: Frank Kabui, Chairman, Solomon Islands Law Reform Commission, Interview, May 7, 2009

38e: In practice, the regulations restricting post-government private sector employment for national-level judges are effective.

Score:

100

Comments: There are no regulations prohibiting private sector employment for ex-judges.

References: Frank Kabui, Chairman, Solomon Islands Law Reform Commission, Interview, May 7, 2009

Hon. Albert Palmer, Chief Justice, Interview, May 11, 2009, Honiara

38f: In practice, the regulations governing gifts and hospitality offered to members of the national-level judiciary are effective.

Score:

100

Comments: The chief justice declines to comment on the efficacy of these regulations as regards other judges. Reporting is at the discretion of each judge.

References: Frank Kabui, Chairman, Solomon Islands Law Reform Commission, Interview, May 7, 2009

Hon. Albert Palmer, Chief Justice, Interview, May 11, 2009, Honiara

38g: In practice, national-level judiciary asset disclosures are audited.

Score:

100

Comments: The Leadership Code Commission sends out the forms to be completed. People do fill these in. For many, it is simply the same information being included, again and again. The completion of the Leadership Code asset disclosures recommenced after the arrival of the Regional Assistance Mission to the Solomon Islands. It was also the practice before the 1998-2003 crisis, but there was a lapse during those events.

References: Frank Kabui, Chairman, Solomon Islands Law Reform Commission, Interview, May 7, 2009

Hon. Albert Palmer, Chief Justice, Interview, May 11, 2009, Honiara

Can citizens access the asset disclosure records of members of the national-level judiciary?

39a: In law, citizens can access the asset disclosure records of members of the national-level judiciary.

Score:

YES

Comments: Asset disclosures by members of the judiciary are not on the public record.

References: Frank Kabui, Chairman, Solomon Islands Law Reform Commission, Interview, May 7, 2009

39b: In practice, citizens can access judicial asset disclosure records within a reasonable time period.

Score:

100

Comments: Asset disclosures are not on the public record.

References: Frank Kabui, Chairman, Solomon Islands Law Reform Commission, Interview, May 7, 2009

Hon. Albert Palmer, Chief Justice, Interview, May 11, 2009, Honiara

39c: In practice, citizens can access judicial asset disclosure records at a reasonable cost.

Score:

100

Comments: Asset disclosures are not on the public record.

References: Frank Kabui, Chairman, Solomon Islands Law Reform Commission, Interview, May 7, 2009

Hon. Albert Palmer, Chief Justice, Interview, May 11, 2009, Honiara