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Provincial Government (Special Provisions) Act 2002

SOLOMON ISLANDS

THE PROVINCIAL GOVERNMENT (SPECIAL PROVISIONS) ACT 2002

(NO. 2 OF 2002)

Passed by the National Parliament this twenty-first day of March 2002.

Assented to in Her Majesty’s name and on Her Majesty’s behalf this third day of May 2002.

Date of commencement: date of publication in the Gazette.

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THE PROVINCIAL GOVERNMENT (SPECIAL PROVISIONS) ACT 2002

No. 2 of 2002

WHEREAS by section 9(1) of the Provincial Government Act. 1997, an ordinary election of members of a Provincial Assembly shall be held on the fourth anniversary of the date of the previous election of members:

AND WHEREAS the conduct of elections in respect of Provincial Assemblies is regulated by the Provincial Assemblies Election Regulations, 1987, which inter-alia prescribes time limits in respect of various requirements that have to be fulfilled for the conduct of such elections:

AND WHEREAS due to the present financial crisis facing the country, the Solomon Islands Government is unable or is not in a position to make funds available for the conduct of the elections in the six provinces in which elections are due and the other three provinces in which elections will be due in the near future:

AND WHEREAS further, effective measures are being put in place to accelerate the introduction of a system of State Government to replace the present Provincial Government system:

AND WHEREAS it is deemed desirable and necessary that legislation be enacted by the National Parliament to enable in the national interest to postpone provincial assembly elections in all provinces for a period not exceeding one year from the date on which such order is made:

ENACTED by the National Parliament of Solomon Islands.

Short title

1. This Act may be cited as the Provincial Government (Special Provisions) Act 2002.

Power to postpone election

Act No 7 of 1997

2. (1) Notwithstanding the provisions of Part II of the Provincial Government Act and the Provincial Assemblies Election Regulations 1987, the Minister charged with responsibility for provincial government may, by order published in the Gazette postpone or suspend the conduct of any or all provincial elections due, for such period as may be specified in such order, so however, that such period shall not exceed one year from the date of the order.

(2) Where an order has been made under subsection (1), notwithstanding the dissolution of a Provincial Assembly, the Provincial Executive shall continue to hold office in terms of the order made under subsection (1) and perform such functions as may be specified in the order.

(3) Where the Minister is satisfied that any Provincial Executive in respect of which an order under subsection (1) applies has -

(a) failed to perform any function in terms of the order:

(b) in the performance of any function acted in a manner prejudicial to the public or national interest; or

(c) made default or mismanaged any aspect of its financial affairs,

he may, after giving the Provincial Executive reasonable notice of his intention to do so, and having considered the representation, if any of the Provincial Executive in consultation and with the concurrence of the Cabinet by Order suspend the Provincial Executive from the performance of its functions and appoint any person or body as he may think fit to discharge such functions.

(4) Where the Minister on or before the expiration of the date specified in the order published under subsection (1) is of the opinion that an election can be held in one or more province, the electoral procedure prescribed under the Provincial Assemblies Election Regulations 1987, shall apply to such election.

Validation of certain acts

3. For the removal of doubt it is hereby declared, that notwithstanding anything to the contrary, the non-compliance by the Minister of the provisions relating to the conduct of elections in accordance with the Provincial Government Act was done in good faith and to be valid and effective.

Duration of Act

4. (1) This Act shall continue in force for a period of one year from the date of its enactment and shall then expire.

(2) Notwithstanding the expiry of the Act under subsection (1), any order made under section 2(1) shall continue in force for the period specified in such order.

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