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ABSTRACT
The Solomon Islands Public Solicitor’s Office is established by the Constitution. The role of its officers is to provide legal advice and assistance not only in relation to state law, but also in respect of customary laws and institutions. In the course of providing legal aid, numerous dilemmas arise as to the best way in which to negotiate these complex issues, taking into account the prevailing culture. The 40th anniversary of the Journal of Legal Pluralism presents an ideal occasion to consider legal pluralism from the perspective of those whose daily work puts them at the forefront of the interface between the state and customary legal systems.
Acknowledgements
The authors wish to thank the PSO lawyers who contributed information to this article.
Disclosure statement
No potential conflict of interest was reported by the authors.
Notes
1 Constitution of Solomon Islands 1978 s 92.
2 Constitution of Solomon Islands 1978 s 92(4).
3 See, eg, R v Loumia [1985-1986] SILR 158.
4 See, eg, Maeaniani v Saemela [1980-1984] LRC 339.
5 Martha Manaka is Deputy Public Solicitor and Jennifer Corrin was an intern in the Public Solicitor’s Office in 1986.
6 Solomon Islands has a fused legal profession. See further Legal Practitioners Act Cap 16.
7 Pacific Order 1893.
8 Constitution of Solomon Islands 1978 s 92.
9 Constitution of Solomon Islands 1978 s 92(2).
10 Section 92(3). The section states that the appointee mut be entitled to practise as ‘an advocate or as a barrister and solicitor’ but advocates no longer feature in the system.
11 Constitution of Solomon Islands 1978 s 92(4).
12 Constitution of Solomon Islands 1978 s 92(5).
13 Constitution of Solomon Islands 1978 s 92(7).
14 Constitution of Solomon Islands 1978 s 92(6).
15 Cap 30, which came into force in 1989.
16 Public Solicitor Act Cap 30 s 5; Legal Aid (Application Form) Regulations 1989.
17 Legal Aid (Income Limit) Order 1989.
18 Public Solicitor Act Cap 30 ss 9 and 10.
19 Legal Aid (Income Limit) Amendment Order 2012.
20 Public Solicitor’s Office Guidelines for the Provision of Legal Service LN 35A/2014. The potential unconstitutionality of these guidelines has been addressed by including a specific endorsement by the Public Solicitor.
21 The limit was raised from $12,000 to $35,000 in 2012: Legal Aid (Income Limit) Amendment Order 2012.
22 Minimum Rates of Wages Order LN67/2019.
23 Legal Practitioners Act Cap 16 s 4.
24 Constitution of Solomon Islands 1978 s 2.
25 Constitution of Solomon Islands 1978 s 76 and sch 3.
26 Constitution of Solomon Islands 1978 s 76 and sch 3.
27 Constitution of Solomon Islands 1978 s 76 and sch 3, para 3(1)).
28 R v Ngena [1983] SILR 1; K v T [1985-86] SILR 49.
29 K v T [1985-86] SILR 49.
30 Sch 3, para 2(1).
31 Provincial Government Act Cap 118 s 32.
32 R v Kwatefena [1983] SILR 106, 107.
33 See further, Public Solicitor’s Office Guidelines for the Provision of Legal Service LN 35A/2014.
34 Local Courts Act Cap 19 s 3. As discussed further below, Local Courts are not operational in all areas in which they have been established.
35 Local Courts Act Cap 19 s 16.
36 Land and Titles Act Cap 133 s 254.
37 Land and Titles Act Cap 133 s 255.
38 Local Courts Act Cap 19 s 12.
39 Land and Titles Act Cap 13 s 256(3). There is also an appeal on the ground of failure to comply with procedure: Land and Titles Act Cap 13 s 256(3).
40 This information has been provided and compiled by legal officers at the PSO and are not individually attributed in order to maintain confidentiality for the lawyers and their clients.
41 Cap 26.
42 In R v Loumia [1985-1986] SILR 158 the Court of Appeal refused to allow a murder conviction to be reduced to manslaughter on the grounds that the act in question was permissible under customary law.
43 In the past, an excuse given by a client for forging a signature on a cheque was that this was allowed under customary law. See also Maeaniani v Saemela [1982] SBHC 3.
44 Land and Titles Act Cap 133 s 239(1).
45 Local Courts Act Cap 19 s 12(1).
46 [2018] SBHC 32.
47 Land and Titles Act Cap 133 s 255(6).
48 In criminal proceedings the defendant has the right to the services of a lawyer: Constitution of Solomon Islands 1978 s 10(2).
49 Timber rights are contentious in Solomon Islands. The process is provided for in the Forest Resources and Timber Utilisation Act Cap 40 Part IIA, as amended by Forest Resources and Timber Utilisation (Amendment) Act 1990, which severs ownership of timber rights from ‘ownership’ of customary land.
50 Magistrates’ Court Act Cap 20 s 35(1). See also Practice Direction No. 1 of 1989, where the High Court set out guidelines for the implementation of this section.
51 There are currently four provincial offices.
52 Constitution of Solomon Islands 1978 s 75(1). The Customs Recognition Act 2000 (SI) does make provision, but this Act has not been brought into force and is not well drafted.