An Overview
The Attorney-General of the Solomon Islands is the Principal Legal Adviser to the Government. This is established under section 42 of the Constitution of Solomon Islands. Unlike many other countries or legal jurisdictions, the Attorney-General of Solomon Islands is a public officer and is not a Politician or Minister of the Crown.
Attorney-General Mandate
The Attorney-General, through the Attorney-General’s Chambers (AGC) is mandated to:
- Provide legal advice to Government Departments and Ministries usually in response to questions/queries on legal matters forwarded to the
Chambers from the respective Permanent Secretaries of the Ministries. - Provide legal representation to Government Departments and Ministries ranging from eviction orders to constitutional matters.
- Provide legislative drafting services to the Government in the formulation of new bills, amendments to existing legislation and the drafting
of other statutory instruments.
The Role of the Attorney-General under the Constitution of 1978
Under the Constitution of Solomon Islands 1978, the Attorney-General is a member of the Executive Branch of Government and is appointed by the Judicial and Legal Services Commission, acting in accordance with the advice of the Prime Minister.1 The inclusion of the Attorney-General as part of the Executive reflects his primary role as adviser to Government.
The Attorney-General, by virtue of appointment, serves in an advisory capacity in Parliament and in Cabinet, but does not possess any voting rights. This position may differ from that pertaining in other jurisdictions.
The Attorney-General represents the State in legal proceedings and is the legal adviser to Government Ministries, Departments and certain public bodies. The Attorney-General is also the representative of the public in all legal proceedings for the enforcement of law and the assertion or protection of public rights. Pursuant to section 91(9) of the Constitution, the Attorney-General automatically assumes the role of the Director of Public Prosecutions, when the incumbent is overseas or is unable to perform the role.
Statutory Duties of the Attorney-General
Section 15 of the Crown Proceeding Act (Cap.8) and Civil Procedures Act 2008 also provides that, unless provided by some other written law, all civil proceedings for or against the Government must be instituted by or against the Attorney-General. As the Principal Legal Advisor to the Government, the Attorney-General is tasked with the responsibility of overseeing and advising on actions taken by or intending to be taken by statutory boards and committees. The Attorney-General, or his nominee is represented on several boards and committees. In so doing, the Attorney-General either attends or nominates an officer from his legal team to represent him.
Attorney-General’s constitutional and statutory appointments, functions and roles
| Attorney-General’s Constitutional Functions and Appointments | ||
|---|---|---|
| 1 | Legal Advisor to Cabinet | Constitution section 35 |
| 2 | Principal Legal Advisor to Government | Constitution section 42 |
| 3 | Member of the Rules Committee for the High Court and Court of Appeal Rules | Constitution section 90 |
| 4 | Performs functions of DPP in absence of the DPP | Constitution section 91 |
| 5 | Member of the Judicial and Legal Service Commission | Constitution section 117 |
| Attorney-General’s Statutory Appointments | ||
|---|---|---|
| 1 | Member of the Citizenship Review Board | Citizenship Act 2018 (s28) |
| 2 | Member of the Civil Aviation Authority of Solomon Islands | Civil Aviation Act 2008 (s9) |
| 3 | Member of the Fisheries Appeal Committee | Fisheries Management Act 2015 (s11) |
| 4 | Member of the Board of Directors of the Corporation | Investment Corporation Solomon Islands (s7), Second Schedule |
| 5 | Member of the Nominating Committee | Leadership Code (Further Provisions) Act 1999 (s4) |
| 6 | Chairperson of the Disciplinary Panel | Legal Practitioners Act (Cap16) (s8) |
| 7 | Chairperson Anti-Money Laundry Commission | Money Laundering and Proceeds of Crimes Act 2022 (s11) |
| Attorney-General’s Statutory Functions & Roles | ||
|---|---|---|
| 1 | The Attorney-General may appear in right of, or on behalf of the Crown or the Government of Solomon Islands. | Arbitration Act (Cap.2) (s28) |
| 2 | The Attorney-General may be heard ex parte for an order in the interests of depositors of a financial institution. | Banking Act (Cap.48) (s21) |
| 3 | The Attorney-General may receive a scheme for the disposition of a property under charitable trusts, and make a report on such scheme. | Charitable Trusts Act (Cap.55) (s17) |
| 4 | The Attorney-General determines matters referred from the Commissioner of Correctional Services on the discharge of prisoners. | Correctional Services Act 2007 (s72) |
| 5 | The Attorney-General may seek orders e.g. for the de-registration of charities linked to terrorists; for seizure and restraint of property etc. | Counter-Terrorism Act 2009 (ss28, 40) |
| 6 | The Attorney-General is a party to proceedings for the Crown. | Crown Proceedings Act (Cap.8) (s15) |
| 7 | The Attorney-General is entitled to file a “status” petition or a “vacancy” petition. | Electoral Act 2018 (ss109, 110).2 |
| 8 | The Attorney-General is a “competent authority” to request a non-citizen be stopped from departing Solomon Islands for the purpose of theExtradition Act 2010, Correctional Services Act 2007 etc. | Immigration Act 2013, s89 |
| 9 | The Attorney-General shall have the right to intervene and be heard in any matter or proceeding arising under this Act or involving itsinterpretation. | Land and Titles Act (Cap.133) (s258) |
| 10 | Attorney-General represents the Crown, public officers in their official capacity and departments of the Government in court | Magistrates Act (Cap.20) (s71) |
| 11 | Attorney-General to approve any legal proceedings to be commenced by the Solomon Islands Maritime Safety Administration. | Maritime Safety Administration Act 2009 (s8) |
| 12 | Where no application is made by the husband or wife, or by a relative, Attorney-General can make an application for temporary treatment of someonesuffering from a mental disorder or mental defect. | Mental Treatment Act (Cap. 103) (s11) |
| 13 | Amongst many other (Attorney-General) actions empowered under this Act, the Attorney-General can make requests to foreign States on behalf of SI formutual legal assistance in investigations etc. The Attorney-General mayalso grant a similar request from a foreign state to assist in investigationsetc. | Mutual Assistance in Criminal Matters Act 2002 (No. 4 of 2002) (s4) |
| 14 | The Attorney-General may give notice to the Ombudsman that a disclosure of a requested document may be contrary to the public interestin relation to defence. | Ombudsman (Further Provisions) Act (Cap. 88) (s11) |
| 15 | The Auditor-General may seek the Attorney-General’s opinion and the Attorney-General shall give written opinion regarding the interpretation of any Act concerning the powers of the Auditor-General and the discharge of hisduties. | Public Finance and Audit Act (Cap. 120) (s36) (2)(d) |
| 16 | The Attorney-General may be directed by the Minister to sue for and recover the surcharge (which has been determined to be a debt due to the Crown) in a court of competent jurisdiction. | Public Finance Management Act 2013 (No. 9 of 2013) (s88) |
| 17 | Where a vessel which is liable to forfeiture or maritime orders has been seized and detained, the Director may apply to the Attorney General to commence proceedings for the forfeiture of the vessel | Shipping Act 1998(s206) |
| 18 | The Attorney-General to recover civil debts due to Government. | River Waters Act (Cap. 135) (s6) |
| 19 | The Attorney-General is one of the authorised persons who may apply for an injunction to restrain any unauthorized or unlawful expenditureof the funds of a trade union. | Trade Unions Act (Cap. 76) (s51). |
| 20 | Program to reprint legislation; Authorisation to Reprint; Publication of Reprints. | Legislation Act 2023 (ss8, 9, 12) |