Overview
The Litigation and Advice Division is headed by the Solicitor General and supported by the Deputy Solicitor Generals and the Chief Crown Counsels. The main roles of the Litigation and Advice Division includes going to court, providing legal opinions and legal vetting of legal documents.
Functions
One of the main role of the Litigation and Advice Division is to provide legal representation to government departments and Ministries. This ranges from eviction orders to constitutional matters.
The Crown Proceedings Act (Cap 8) provides the basis of the Attorney-General’s legal representation role in the relevant Courts. Under section 15 of the Crown Proceedings Act, the Attorney-General can sue or be sued on behalf of the Crown or Government. This mandate or role of the Attorney-General is mostly performed by Counsels in the Litigation and Advice Division. Counsel in this Division perform both solicitor and barrister roles and can appear or represent the Crown in all Courts except for Local Court and Customary Courts.
The Litigation and Advice Division also supports the Attorney-General in carrying out its ‘legal advisor’ role or mandate at the Attorney- General’s Chambers, as established under section 42 of the Constitution of Solomon Islands. Counsels provide legal advice or opinions upon the request of government agencies and Ministries. Legal opinions or advice are furnished to guide the requesting government officer on legal issues. They are not directives from the Attorney General’s Chambers.
The Litigation and Advice Division also supports the Attorney-General in performing its role to vet legal documents for and on behalf of the Crown or Government. It is prescribed under Chapter 7 of the Financial Instructions that the Attorney-General must approve the form of all Contracts before they are signed. This vetting function extends to all contracts, agreements, memoranda of understanding and other legal contracting documents, which involves Crown or Government of the Solomon Islands.
Protocol for Requesting Legal Opinions:
In accordance with the directives of the Attorney-General, the protocols for requesting legal opinions are outlined as follows:
1. Authorized Requesters: Requests should originate from authorized personnel only:
- Prime Minister and Ministers of the Crown
- Secretary to Cabinet, Constitutional Post Holders, and Heads of Agencies
- Designated officials in the Ministry of Public Service not below the rank of Chief Administrative Officer
- Specific officials in the Ministry of Finance and Treasury, and other Ministries and Agencies as delegated by their Permanent Secretaries.
2. Submission Requirements: Requests must be submitted in typed form and include:
- A scanned memo signed by the Responsible Officer outlining the complete set of facts and issues Relevant attachments, if any
- A note explaining urgency if the matter is urgent (priority determination at the discretion of the Attorney-General).
3. Complete Information: Provide a comprehensive set of facts relevant to the issue for which advice is sought. This ensures accurate and informed legal guidance.
4. Confidentiality: Legal opinions and communications from our Chambers are confidential and privileged. They should not be disclosed to the public without authorization from the Secretary to Cabinet.
This protocol, effective from November 1, 2019, aims to streamline communication and ensure prompt and precise responses to legal inquiries.
Clients:
The Attorney-General provides legal representation, legal advice and vetting only to Government ministries or agencies, including State-Owned Enterprises (as and when required). This is in relation to all civil matters, practically covering all the laws of the Solomon Islands with the exception of criminal law, which comes under the carriage of the Director of Public Prosecutions.The Attorney-General does not provide legal advice to the general public.
Practice Areas:
Practice areas of the litigation and advice division encompasses a range of legal issues that arise. The main areas of practice, amongst others, includes:
1. Administrative Law
2. Land law (customary land and registered land)
3. Forestry Law
4. Environmental Law
5. Company Law
6. Commercial Law
7. Tax Law
8. Mining Law
9. Fisheries Law
10. Maritime Law
11. Law of the Sea
12. Climate Change
13. Eviction
14. International Law