An Overview

The Attorney General of the Solomon Islands is the Principal Legal Adviser to the Government. It is established under section 42 of the Constitution of the Solomon Islands. Unlike many other countries or legal jurisdictions, the Attorney General of the 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.

Pursuant to section 42 of the Constitution, the Attorney-General is the principal advisor to the Government, whose office is a public office. 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 votingrights. 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 publicbodies. 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
Under Section 42(1) of the Constitution, the Attorney-General is the Principal Legal Advisor to the Solomon Islands Government. 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 issued 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 serval boards and
committees. In so doing, the Attorney General either attends or nominate an officer from the Attorney General’s Chambers to represent him.
The Attorney-General is a member to the following committees and Boards:

    1. Investment Corporation of Solomon Islands (ICSI) Board
    2. Judicial and Legal Services Commission (JLSC
    3. Central Tender Board
    4. Anti-Money Laundering Committee
    5. Citizenship Commission
    6. National Education Board
    7. Telecommunications Task Force
    8. Central Property Unit
    9. Solomon Islands Bar Association