WHEREAS there is a need to review the law relating to the treatment of mental patients in Solomon Islands in view of the gradual increase in mental cases and the need to provide effective care and treatment for the benefit of the community.
AND WHEREAS the effective administration of the law in this regard is an essential component of the effective treatment of mental patients in Solomon Islands.
NOW THEREFORE in exercise of the powers conferred by section 5(1) of the Law Reform Commission Act, 1994, I, OLIVER ZAPO, Minister of Justice and Legal Affairs hereby refer to the Law Reform Commission the following –
To enquire and report to me on –
The review of the law relating to the treatment of mental patients in Solomon Islands;
Reforms necessary to fulfil the needs of Solomon Islands.
Dated at Honiara this 1st day of May 1995.
O. ZAPO
Minister of Justice and Legal Affairs
NB: Explanation: Persons who suffer from mental illness are often forgotten and mistreated by society perhaps other than members of their own families. There is a law in Solomon Islands which governs the medical treatment of persons who are mentally sick. Although the number of mental patients in Solomon Islands is not that high, the law governing their treatment must be reviewed with the view of improving it for the welfare of persons or potential persons in this category.
WHEREAS the present building code in Solomon Islands is out of date and is totally inadequate.
AND WHEREAS the safety standard of all buildings in Solomon Islands must be of the highest order in order to provide a reasonable quality of life to the users thereof.
NOW THEREFORE in exercise of the powers conferred by section 5(1) of the Law Reform Commission Act, 1994 I, OLIVER ZAPO, Minister of Justice and Legal Affairs hereby refer to the Law Reform Commission the following –
To enquire and report to me on –
The review of the law relating to building standard in Solomon Islands.
Reforms necessary to meet the current needs of Solomon Islands in terms of safety for all.
Dated at Honiara this 1st day of May 1995.
O. ZAPO
Minister of Justice and Legal Affairs
NB: Explanation: The building code currently in use under the authority of Honiara Town Council is totally inadequate to meet the needs of Solomon Islands. This code should now be reviewed and further improved.
WHEREAS the Islanders Marriage Act (Cap.47) is based upon the Native Marriage King’s Regulation 1945 which recognised custom marriages to this day.
AND WHEREAS there is also the Pacific Islands Civil Marriages Order of 1907 still recognised by the Islanders Marriage Act (Cap. 47) above.
AND WHEREAS these multiple laws have caused confusion and the need for rectification as soon as possible is but obvious.
AND WHEREAS the law relating to divorce in Solomon Islands is also in need of review to bring it in line with modern approach to divorce settlement in Commonwealth countries.
AND WHEREAS in so doing regard should also be given to the aspirations of the people of Solomon Islands in terms of giving them the choice between alternatives, if any, of available approaches to divorce settlement.
NOW THEREFORE in exercise of the powers conferred by section 5(1) of the Law Reform Commission Act, 1994, I, OLIVER ZAPO, Minister of Justice and Legal Affairs hereby refer to the Law Reform Commission the following –
To enquire and report to me on –
A.
The need to have one single civil marriage law for all persons resident in Solomon Islands.
The recognition of marriage conducted according to custom in Solomon Islands.
The need for registration of customary marriages for the purposes of proof in Court etc.
Reforms that may be necessary to meet the aspiration of the people of Solomon Islands.
B.
The review of the law relating to divorce in Solomon Islands.
Reforms as may be necessary bearing in mind the aspirations of the people of Solomon Islands in the context of Solomon Islands circumstances.
Dated at Honiara this 1st of May 1995.
O. ZAPO
Minister of Justice and Legal Affairs
NB: Explanation: There are three systems in the law for marrying, namely, marriage under custom, marriage under the Islander’s Marriage Act (Cap.47) and marriage under the Pacific Islands Civil Marriages Order of 1907. Not only are these systems discriminatory in some ways but they are apart from customary marriage, confusing also. It is therefore necessary to review the present marriage law with the view of having one marriage law for every one apart from customary marriage in Solomon Islands.
The law relating to divorce in Solomon Islands is based upon the English divorce law. However, the concept which forms the basis of the English divorce law has undergone some fundamental changes over the years. These changes have come about as a result of social and economic circumstances in England and elsewhere within the Commonwealth. It is therefore necessary to look again at the divorce system in Solomon Islands in the light of these changes with the hope that Solomon Islands’ divorce system benefits from useful changes in these other countries through their experiences over the years. However, whatever these changes may be, must be acceptable to the people of Solomon Islands.
WHEREAS section 5C of the Forest Resources and Timber Utilisation Act (Cap.40) sets out the procedure for the acquisition of timber rights in Solomon Islands.
AND WHEREAS the determination of timber rights on customary land is not the same thing as the determination of the ownership of customary land.
AND WHEREAS the High Court in Allardyce Lumber Company Limited, Bisili, Roni, Sakiri, Hiele, Sasae, Poza, Zengahite, Daga, Pato and Zingihite v Attorney‐General, Commissioner of Forests Resources, Premier of Western Province and Paia [1988/89] S.I.L.R. 78 confirms that ownership of customary land and ownership of timber rights are not the same thing.
AND WHEREAS this position has been disputed as not representing the true position in customary land in that persons who own customary land also own the timber on that land.
NOW THEREFORE in exercise of the powers conferred by section 5(1) of the Law Reform Commission Act, 1994, I, OLIVER ZAPO, Minister of Justice and Legal Affairs hereby refer to the Law Reform Commission the following –
To enquire and report to me on –
The effectiveness/appropriateness of the timber acquisition procedure under section 5C of the Forest Resources and Timber Utilisation Act (Cap. 40);
The true position in customary law regarding ownership of customary land and timber on customary land in view of section 5C of the Forests Resources and Timber Utilisation Act (Cap. 40) and the High Court ruling above;
Whether or not the Area Council is the appropriate authority to determine ownership of timber on customary land;
Any reforms necessary to make the law more suited to the aspirations of Solomon Islanders.
Dated at Honiara this 1st day of May 1995
O. ZAPO
Minister of Justice and Legal Affairs
NB: Explanation: The procedure for the acquisition of timber right on customary land is prescribed by section 5C of the Forests Resources and Timber Utilisation Act (Cap. 90). This position is further endorsed by the High Court when it remarked that ownership of customary land is not the same thing as ownership of timber rights. This position has been questioned on the basis that is does not represent the customary law position in the determination of ownership of customary land and the timber sitting on it. Also, the area council as the authority to decide who is entitled to grant timber rights has been questioned on the basis of its appropriateness in the context of customary land tenure ownership system in Solomon Islands. It is therefore in the public interest to review section 5C above and bring about change if necessary.
