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Provincial Government (Special Provisions) Act 2005

SOLOMON ISLANDS

THE PROVINCIAL GOVERNMENT (SPECIAL PROVISIONS) ACT 2005

(NO. 1 OF 2005)

Passed by the National Parliament this ninth day of February 2005.

Assented to in Her Majesty's name and on Her Majesty's behalf this fourteenth day of March 2005.

Nathaniel Rahumaea Waena
Governor-General

Date of commencement: date of publication in the Gazette.

AN ACT TO PROVIDE FOR CHANGING THE DATES FOR HOLDING CERTAIN ELECTIONS UNDER THE PROVINCIAL GOVERNMENT ACT 1997 AND TO VALIDATE THOSE ELECTIONS AND THE CONSTITUTION, ACTIONS AND DECISIONS OF CERTAIN PROVINCIAL ASSEMBLIES AND PROVINCIAL EXECUTIVES, AND FOR RELATED PURPOSES.

ENACTED by the National Parliament of Solomon Islands.

THE PROVINCIAL GOVERNMENT (SPECIAL PROVISIONS) ACT 2005

(NO. 1 OF 2005)

ARRANGEMENT OF SECTIONS

SECTION

PART 1 –PRELIMINARY

1. SHORT TITLE AND COMMENCEMENT
2. EXPIRY
3. INTERPRETATION

PART 2 - CHOISEUL PROVINCE

Division 1 – Preliminary

4. DEFINITIONS

Division 2 - Date of election

5. DATE FOR HOLDING, AND CONDUCT OF, ELECTION FOR PROVINCIAL ASSEMBLY
6. NEXT ELECTION

Division 3 – Validations

7. VALIDATION OF ELECTION
8. VALIDATION OF DECISIONS AND ACTIONS OF PROVINCIAL EXECUTIVE
9. VALIDATIONS RELATING TO MEMBERS OF PROVINCIAL ASSEMBLY

Part 3 - GUADALCANAL PROVINCE

Division 1 – Preliminary

10. DEFINITIONS

Division 2 - Date of by-election

11. DATE FOR HOLDING BY-ELECTION FOR WARD 6, DUIDUI

Division 3 – Validations

12. VALIDATION OF BY-ELECTION
13. VALIDATION OF DECISIONS AND ACTIONS OF PROVINCIAL ASSEMBLY

14. VALIDATIONS RELATING TO MEMBER OF PROVINCIAL ASSEMBLY REPRESENTING WARD 6, DUIDUI

PART 4 - MAKIRA ULAWA PROVINCE

Division 1 –Preliminary

15. DEFINITIONS

Division 2 - Date of election

16. DATE FOR HOLDING ELECTION FOR PROVINCIAL ASSEMBLY.
17. NEXT ELECTION

Division 3 – Validations

18. VALIDATION OF ELECTION
19. VALIDATION OF DECISIONS AND ACTIONS OF PROVINCIAL EXECUTIVE
20. VALIDATIONS RELATING TO MEMBERS OF PROVINCIAL ASSEMBLY

PART 5 - MALAITA PROVINCE

Division 1 – Preliminary

21. DEFINITIONS

Division 2 - Date of by-election

22. DATE FOR HOLDING BY-ELECTION FOR WARD 33, SIKAIANA

Division 3 – Validations

23. VALIDATION OF BY-ELECTION
24. VALIDATION OF DECISIONS AND ACTIONS OF PROVINCIAL ASSEMBLY

25. VALIDATIONS RELATING TO MEMBER OF PROVINCIAL ASSEMBLY REPRESENTING WARD 33, SIKAIANA

PART 6 - RENNELL AND BELLONA PROVINCE

Division 1 – Preliminary

26. DEFINITIONS

Division 2 - Date of by-election

27. DATE FOR HOLDING BY-ELECTION FOR WARD 4, KANAVA

Division 3 – Validations

28. VALIDATION OF BY-ELECTION
29. VALIDATION OF DECISIONS AND ACTIONS OF PROVINCIAL ASSEMBLY

30. VALIDATIONS RELATING TO MEMBER OF PROVINCIAL ASSEMBLY REPRESENTING WARD 4, KANAVA

PART 7 - WESTERN PROVINCE

Division 1 – Preliminary

31. DEFINITIONS

Division 2 - Date of election

32. DATE FOR HOLDING, AND CONDUCT OF, ELECTION FOR PROVINCIAL ASSEMBLY
33. NEXT ELECTION

Division 3 – Validations

34. VALIDATION OF ELECTION
35. VALIDATION OF DECISIONS AND ACTIONS OF PROVINCIAL EXECUTIVE
36. VALIDATIONS RELATING TO MEMBERS OF PROVINCIAL ASSEMBLY

PART 8 - VALIDATIONS RELATING TO FRESH ELECTIONS

37. DEFINITIONS
38. HOLDING OF NEXT ELECTION AFTER FRESH ELECTION
39. VALIDATIONS RELATING TO HOLDING FRESH ELECTION

40. VALIDATION OF DECISIONS AND ACTIONS, AND MEMBERSHIP, OF PROVINCIAL EXECUTIVES AND PROVINCIAL ASSEMBLIES

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PART 1 – PRELIMINARY

Short title and commencement

1. (1) This Act may be cited as the Provincial Government (Special Provisions) Act 2005.

(2) Section 5(1) is taken to have come into operation on 15 December 2003.

(3) Section 11 is taken to have come into operation on 21 September 2003.

(4) Section 16 is taken to have come into operation on 29 September 2003.

(5) Section 22 is taken to have come into operation on 5 March 2003.

(6) Section 27 is taken to have come into operation on 29 February 2004.

(7) Section 32(1) is taken to have come into operation on 15 December 2003.

(8) The remaining provisions of this Act come into operation on the day on which this Act is published in the Gazette.

Expiry

2. This Act expires on 30 June 2005.

Interpretation

3. A word or expression that is defined or used in the Provincial Government Act 1997, and used in this Act, has the same meaning as in the Provincial Government Act 1997.

(Act No. 7 of 1997)

PART 2 - CHOISEUL PROVINCE

Division 1 – Preliminary

Definitions

4. In this Part, unless the contrary intention appears –

"Deputy Premier" means the Deputy Premier for Choiseul Province;

"election" means an ordinary election of the members of the Choiseul Provincial Assembly;

"Premier" means the Premier for Choiseul Province;

"Provincial Act" means the Provincial Government Act 1997;

(Act No. 7 1997)

"Provincial Assembly" means the Choiseul Provincial Assembly;

"Provincial Executive" means the Choiseul Provincial Executive;

"Provincial Minister" means a Provincial Minister for Choiseul Province other than the Premier or Deputy Premier.

Division 2 - Date of election

Date for holding, and conduct of, election for Provincial Assembly

5. (1) The election that was to have been held on 15 December 2003 (which was the fourth anniversary of the date of the previous election) is not required to have been held on that date but shall be held on 18 May 2005 instead.

(2) For the purposes of conducting the election on 18 May 2005, the Provincial Act and regulations made under that Act relating to conducting elections apply to the election and the electoral procedures set out in that Act and those regulations (other than the requirement to hold the election on the fourth anniversary of the date of the previous election) shall be complied with.

Next election

6. The next election after the election held in accordance with section 5 shall be held on the fourth anniversary of the election held in accordance with that section.

Division 3 – Validations

Validation of election

7. The election held in accordance with section 5 –

(a) shall not be invalid by reason of the failure to hold the election on 15 December 2003; and

(b) shall not be the subject of a proceeding, challenge, review or appeal by reason of the ground of the failure to hold the election on 15 December 2003.

Validation of decisions and actions of Provincial Executive

8. (1) The decisions made and actions taken by or on behalf of the Provincial Executive in the purported performance of its functions during the period commencing on and from 15 December 2003 until the new Premier is elected in accordance with section 20(2) of the Provincial Act after the election held in accordance with section 5, and the consequences of those decisions and actions, shall not be invalid by reason of the failure to hold the election on 15 December 2003.

(2) A decision or action, or the consequences of a decision or action, referred to in subsection (1) shall not be the subject of a proceeding, challenge, review or appeal by reason of the ground of the failure to hold the election on 15 December 2003.

Validations relating to members of Provincial Assembly

9. (1) The member of the Provincial Assembly who held the office of Premier immediately before 15 December 2003 is declared to have, and shall be taken to have, validly held that office on and from 15 December 2003 until the new Premier is elected after the election held in accordance with section 5 as if he were a validly elected member of the Provincial Assembly who had, under section 20(2) of the Provincial Act, been validly elected as the Premier, by secret ballot, by an absolute majority of the members of the Provincial Assembly.

(2) A member of the Provincial Assembly who held the office of Deputy Premier or Provincial Minister immediately before 15 December 2003 is declared to have, and shall be taken to have, validly held that office on and from 15 December 2003 until the new Premier is elected after the election held in accordance with section 5 as if he were a validly elected member of the Provincial Assembly who had, under section 20(4) of the Provincial Act, been validly appointed to that office by the Minister in accordance with the advice of the Premier.

(3) A member of the Provincial Assembly who is elected to office by the election held in accordance with section 5 is declared to be, and shall be taken to be, validly elected to that office and to (subject to the Provincial Act) validly hold that office.

(4) A member of the Provincial Assembly who is, under section 20 of the Provincial Act, elected or appointed to the office of Premier, Deputy Premier or Provincial Minister after the election held in accordance with section 5 is declared to be, and shall be taken to be, validly elected or appointed to that office and to (subject to the Provincial Act) validly hold that office.

PART 3 - GUADALCANAL PROVINCE

Division 1 – Preliminary

Definitions

10. In this Part, unless the contrary intention appears –

"by-election" means the by-election to elect the member of the Guadalcanal Provincial Assembly to represent Ward 6, Duidui of Guadalcanal Province;

"Deputy Premier" means the Deputy Premier for Guadalcanal Province;

"Premier" means the Premier for Guadalcanal Province;

"Provincial Act" means the Provincial Government Act 1997;

(Act No. 7 of 1997)

"Provincial Assembly" means the Guadalcanal Provincial Assembly;

"Provincial Minister" means a Provincial Minister for Guadalcanal Province other than the Premier or Deputy Premier.

Division 2 - Date of by-election

Date for holding by-election for Ward 6, Duidui

11. The by-election that was to have been held not later than 21 September 2003 is not required to have been held not later than that date but is required to have been held not later than 31 January 2005 instead.

Division 3 Validations

Validation of by-election

12. The by-election held in accordance with section 11 –

(a) shall not be invalid by reason of the failure to hold the by-election not later than 21 September 2003; and

(b) shall not be the subject of a proceeding, challenge, review or appeal by reason of the ground of the failure to hold the by-election not later than 21 September 2003.

Validation of decisions and actions of Provincial Assembly

13. (1) The decisions made and actions taken by or on behalf of the Provincial Assembly in the purported performance of its functions during the period commencing on and from 21 September 2003 until the election of the member of the Provincial Assembly by the by-election held in accordance with section 11, and the consequences of those decisions and actions, shall not be invalid by reason of the failure to hold the by-election not later than 21 September 2003.

(2) A decision or action, or the consequences of a decision or action, referred to in subsection (1) shall not be the subject of a proceeding, challenge, review or appeal by reason of the ground of the failure to hold the by-election not later than 21 September 2003.

Validations relating to member of Provincial Assembly representing Ward 6, Duidui

14. The member of the Provincial Assembly who was elected to office by the by-election held in accordance with section 11 is declared to have been, and shall be taken to have been, validly elected to that office and to have (subject to the Provincial Act) validly held that office since elected to it, and he shall (subject to that Act) continue to validly hold that office.

PART 4 - MAKIRA ULAWA PROVINCE

Division 1 – Preliminary

Definitions

15. In this Part, unless the contrary intention appears -

"Deputy Premier" means the Deputy Premier for Makira Ulawa Province;

"election" means an ordinary election of the members of the Makira Ulawa Provincial Assembly;

"Premier" means the Premier for Makira Ulawa Province;

"Provincial Act" means the Provincial Government Act 1997;

(Act No. 7 of 1997)

"Provincial Assembly" means the Makira Ulawa Provincial Assembly;

"Provincial Executive" means the Makira Ulawa Provincial Executive;

"Provincial Minister" means a Provincial Minister for Makira Ulawa Province other than the Premier or Deputy Premier.

Division 2 - Date of election

Date for holding election for Provincial Assembly

16. The election that was to have been held on 29 September 2003 (which was the fourth anniversary of the date of the previous election) is not required to have been held on that date but is required to have been held on 25 November 2003 instead.

Next election

17. The next election shall be held on the fourth anniversary of the election held in accordance with section 16.

Division 3 – Validations

Validation of election

18. The election held in accordance with section 16 –

(a) shall not be invalid by reason of the failure to hold the election on 29 September 2003; and

(b) shall not be the subject of a proceeding, challenge, review or appeal by reason of the ground of the failure to hold the election on 29 September 2003.

Validation of decisions and actions of Provincial Executive

19. (1) The decisions made and actions taken by or on behalf of the Provincial Executive in the purported performance of its functions during the period commencing on and from 29 September 2003 until the new Premier was elected in accordance with section 20(2) of the Provincial Act after the election held in accordance with section 16, and the consequences of those decisions and actions, shall not be invalid by reason of the failure to hold the election on 29 September 2003.

(2) A decision or action, or the consequences of a decision or action, referred to in subsection (1) shall not be the subject of a proceeding, challenge, review or appeal by reason of the ground of the failure to hold the election on 29 September 2003.

Validations relating to members of Provincial Assembly

20. (1) The member of the Provincial Assembly who of Provincial members held the office of Premier immediately before 29 September 2003 is declared to have, and shall be taken to have, validly held that office on and from 29 September 2003 until the new Premier was elected after the election held in accordance with section 16 as if he were a validly elected member of the Provincial Assembly who had, under section 20(2) of the Provincial Act, been validly elected as the Premier, by secret ballot, by an absolute majority of the members of the Provincial Assembly.

(2) A member of the Provincial Assembly who held the office of Deputy Premier or Provincial Minister immediately before 29 September 2003 is declared to have, and shall be taken to have, validly held that office on and from 29 September 2003 until the new Premier was elected after the election held in accordance with section 16 as if he were a validly elected member of the Provincial Assembly who had, under section 20(4) of the Provincial Act, been validly appointed as Deputy Premier or Provincial Minister by the Minister in accordance with the advice of the Premier.

(3) A member of the Provincial Assembly who was elected to office by the election held in accordance with section 16 is declared to have been, and shall be taken to have been, validly elected to that office and to have (subject to the Provincial Act) validly held that office since that election, and he shall (subject to that Act) continue to validly hold that office.

(4) A member of the Provincial Assembly who was, under section 20 of the Provincial Act, elected or appointed to the office of Premier, Deputy Premier or Provincial Minister after the election held in accordance with section 16 is declared to have been, and shall be taken to have been, validly elected or appointed to that office and to have (subject to the Provincial Act) validly held that office since elected or appointed to it, and he shall (subject to that Act) continue to validly hold that office.

PART 5 - MALAITA PROVINCE

Division 1 – Preliminary

Definitions

21. In this Part, unless the contrary intention appears –

"by-election" means the by-election to elect the member of the Malaita Provincial Assembly to represent Ward 33, Sikaiana of Malaita Province;

"Deputy Premier" means the Deputy Premier for Malaita Province;

"Premier" means the Premier for Malaita Province;

"Provincial Act" means the Provincial Government Act 1997;

(Act No. 7 of 1997)

"Provincial Assembly" means the Malaita Provincial Assembly;

"Provincial Minister" means a Provincial Minister for Malaita Province other than the Premier or Deputy Premier.

Division 2 - Date of by-election

Date for holding by-election for Ward 33, Sikaiana

22. The by-election that was to have been held not later than 5 March 2003 is not required to have been held not later than that date but is required to have been held not later than 28 November 2003 instead.

Division 3 – Validations

Validation of by-election

23. The by-election held in accordance with section 22 –

(a) shall not be invalid by reason of the failure to hold the by-election not later than 5 March 2003; and

(b) shall not be the subject of a proceeding, challenge, review or appeal by reason of the ground of the failure to hold the by-election not later than 5 March 2003.

Validation of decisions and actions of Provincial Assembly

24. (1) The decisions made and actions taken by or on behalf of the Provincial Assembly in the purported performance of its functions during the period commencing on and from 5 March 2003 until the election of the member of the Provincial Assembly by the by-election held in accordance with section 22, and the consequences of those decisions and actions, shall not be invalid by reason of the failure to hold the by-election not later than 5 March 2003.

(2) A decision or action, or the consequences of a decision or action, referred to in subsection (1) shall not be the subject of a proceeding, challenge, review or appeal by reason of the ground of the failure to hold the by-election not later than 5 March 2003.

Validatings relating to member of Provincial Assembly representing Ward 33, Sikaiana

25. The member of the Provincial Assembly who was elected to office by the by-election held in accordance with section 22 is declared to have been, and shall be taken to have been, validly elected to that office and to have (subject to the Provincial Act) validly held that office since that by-election, and he shall (subject to that Act) continue to validly hold that office.

PART 6 - RENNELL AND BELLONA PROVINCE

Division 1 – Preliminary

Definitions

26. In this Part, unless the contrary intention appears –

"by-election" means the by-election to elect the member of the Rennell and Bellona Provincial Assembly to represent Ward 4, Kanava of Rennell and Bellona Province;

"Deputy Premier" means the Deputy Premier for Rennell and Bellona Province;

"Premier" means the Premier for Rennell and Bellona Province;

"Provincial Act" means the Provincial Government Act 1997;

(Act No. 7 of 1997)

"Provincial Assembly" means the Rennell and Bellona Provincial Assembly;

"Provincial Minister" means a Provincial Minister for Rennell and Bellona Province other than the Premier or Deputy Premier.

Division 2 - Date of by-election

Date for holding by-election for Ward 4, Kanava

27. The by-election that was to have been held not later than 29 February 2004 is not required to have been held not later than that date but is required to have been held not later than 31 January 2005 instead.

Division 3 – Validations

Validation of by-election

28. The by-election held in accordance with section 27 –

(a) shall not be invalid by reason of the failure to hold the by-election not later than 29 February 2004; and

(b) shall not be the subject of a proceeding, challenge, review or appeal by reason of the ground of the failure to hold the by-election not later than 29 February 2004.

Validation of decisions and actions of Provincial Assembly

29. (1) The decisions made and actions taken by or on behalf of the Provincial Assembly in the purported performance of its functions during the period commencing on and from 29 February 2004 until the election of the member of the Provincial Assembly by the by-election held in accordance with section 27, and the consequences of those decisions and actions, shall not be invalid by reason of the failure to hold the by-election not later than 29 February 2004.

(2) A decision or action, or the consequences of a decision or action, referred to in subsection (1) shall not be the subject of a proceeding, challenge, review or appeal by reason of the ground of the failure to hold the by-election not later than 29 February 2004.

Validations relating to member of Provincial Assembly representing Ward 4, Kanava

30. The member of the Provincial Assembly who is elected to office by the by-election held in accordance with section 27 is declared to have been, and shall be taken to have been, validly elected to that office and to have (subject to the Provincial Act) validly held that office since that by-election, and he shall (subject to that Act) continue to validly hold that office.

PART 7 - WESTERN PROVINCE

Division 1 – Preliminary

Definitions

31. In this Part, unless the contrary intention appears –

"Deputy Premier" means the Deputy Premier for Western Province;

"election" means an ordinary election of the members of the Western Provincial Assembly;

"Premier" means the Premier for Western Province;

"Provincial Act" means the Provincial Government Act 1997;

(Act No. 7 of 1997)

"Provincial Assembly" means the Western Provincial Assembly;

"Provincial Executive" means the Western Provincial Executive;

‘Provincial Minister" means a Provincial Minister for Western Province other than the Premier or Deputy Premier.

Division 2 - Date of election

Date for holding, and conduct of, election for Provincial Assembly

32. (1) The election that was to have been held on 15 December 2003 (which was the fourth anniversary of the date of the previous election) is not required to have been held on that date but shall be held on 5 May 2005 instead.

(2) For the purpose of conducting the election on 5 May 2005, the Provincial Act and regulations made under that Act relating to conducting elections apply to the election and the electoral procedures set out in that Act and those regulations (other than the requirement to hold the election on the fourth anniversary of the date of the previous election) shall be complied with.

Next election

33. The next election after the election held in accordance section 32 shall be held on the fourth anniversary of the election held in accordance with that section.

Division 3 – Validations

Validation of election

34. The election held in accordance with section 32 -

(a) shall not be invalid by reason of the failure to hold the election on 15 December 2003; and

(b) shall not be the subject of a proceeding, challenge, review or appeal by reason of the ground of the failure to hold the election on the 15 December 2003.

Validation of decisions and actions of Provincial Executive

35. (1) The decisions made and actions taken by or on behalf of the Provincial Executive in the purported performance of its functions during the period commencing on and from 15 December 2003 until the new Premier is elected in accordance with section 20(2) of the Provincial Act after the election held in accordance with section 32, and the consequences of those decisions and actions, shall not be invalid by reason of the failure to hold the election on 15 December 2003.

(2) A decision or action, or the consequences of a decision or action, referred to in subsection (1) shall not be the subject of a proceeding, challenge, review or appeal by reason of the ground of the failure to hold the election on 15 December 2003.

Validations relating to members of Provincial Assembly

36. (1) The member of the Provincial Assembly who held the office of Premier immediately before 15 December 2003 is declared to have, and shall be taken to have, validly held that office on and from 15 December 2003 until the new Premier is elected after the election held in accordance with section 32 as if he were a validly elected member of the Provincial Assembly who had, under section 20(2) of the Provincial Act, been validly elected as the Premier, by secret ballot, by an absolute majority of the members of the Provincial Assembly.

(2) A member of the Provincial Assembly who held the office of Deputy Premier or Provincial Minister immediately before 15 December 2003 is declared to have, and shall be taken to have, validly held that office on and from 15 December 2003 until the new Premier is elected after the election held in accordance with section 32 as if he were a validly elected member of the Provincial Government who had, under section 20(4) of the Provincial Act, been validly appointed to that office by the Minister in accordance with the advice of the Premier.

(3) A member of the Provincial Assembly who is elected to office by the election held in accordance with section 32 is declared to be, and shall be taken to be, validly elected to that office and to (subject to the Provincial Act) validly hold that office.

(4) A member of the Provincial Assembly who is, under section 20 of the Provincial Act, elected or appointed to the office of Premier, Deputy Premier or Provincial Minister after the election held in accordance with section 32 is declared to be, and shall be taken to be, validly elected or appointed to that office and to (subject to the Provincial Act) validly hold that office.

PART 8 - VALIDATIONS RELATING TO FRESH ELECTIONS

Definitions

37. In this Part –

"election" means –

(a) an ordinary election of members of a Provincial Assembly held in accordance with section 5(1), 16 or 27;

(b) a by-election to elect a member of a Provincial Assembly held in accordance with section 11, 22 or 27;

"fresh election" means an ordinary election of members of a Provincial Assembly, or a by-election to elect a member of Provincial Assembly, (as the case may require) held in an electoral ward after an election because the Returning Officer appointed for the election reports or reported to the Minister that an equal number of votes were cast for 2 or more candidates in the electoral ward in the election and the Minister orders or ordered the ordinary election of members or by-election be held for that ward;

"Provincial Government Act" means the Provincial Government Act 1997.

(Act No. 7 of 1997)

Holding of next election after fresh election

38. If a fresh election is or was held because there are or were an equal number of votes cast for 2 or more candidates in the electoral ward in an election held in accordance with section 5(1), 16 or 32(1), the next ordinary election of members of the Provincial Assembly concerned to be held after the fresh election shall be held on the fourth anniversary of the fresh election.

Validations relating to holding fresh election

39. If, because there are or were an equal number of votes cast for 2 or more candidates in an electoral ward in an election, the Minister orders or ordered a fresh election to be held for the electoral ward, the Minister's order and the fresh election shall each –

(a) not be invalid by reason of the failure to hold the election on, or not later than, (as the case may require) the date it was required to be held under the Provincial Government Act; and

(b) not be the subject of a proceeding, challenge, review or appeal by reason of the ground of the failure to hold the election on, or not later than, (as the case may require) the date it was required to be held under the Provincial Government Act.

Validations of decisions and actions and membership, of Provincial Executives and Provincial Assemblies.

40. (1) If a fresh election is or was held because there are or were an equal number of votes cast for 2 or more candidates in an electoral ward in an election held in accordance with section 5(1), 16 or 32(1), sections 8, 9, 19, 20, 35 and 36 apply as if, and have effect as if, the references in them to the election were references to the fresh election.

(2) If a fresh election is or was held because there are or were an equal number of votes cast for 2 or more candidates in an electoral ward in an election held in accordance with section 11, 22 or 27, sections 13, 14, 24, 25, 29 and 30 apply as if, and have effect as if, the references in them to the election are references to the fresh election.

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