PRESS RELEASE - ISABEL NICKEL CASE
THE JUDGMENT OF THE COURT OF APPEAL IN THE ISABEL NICKEL CASE IS PERHAPS THE MOST IMPORTANT COURT DECISION SINCE INDEPENDENCE CONCERNING CUSTOMARY LAND AND ITS CONVERSION TO REGISTERED LAND. IT ALSO MAKES MAJOR DECISIONS ABOUT OUR MINING LAW. HOWEVER, THE REPORTING OF THIS DECISION – “COURT RULES A LEVEL PLAYINGFIELD FOR ISABEL NICKEL” AND “GOVERNMENT WELCOMES COURT DECISION ON MINING BATTLE” (SOLOMON STAR 22 MARCH 2016) “ISABEL MINING BATTLE OVER” (ISLAND SUN 22 MARCH 2016) - OFFERS A DISTORTED VIEW OF THE RESULT AND COMPLETELY IGNORES THE MOST IMPORTANT ASPECTS OF THE CASE. THE ONLY WINNERS IN THE CASE WERE THE LAND APPELLANTS - ALFRED JOLO, WILLIE DENIMANA, HUGO BUGORO, HENRY RAOGA, BEN SALUSU AND PAUL FOTAMANA AND THEIR CLANS - WHO HAVE FOUGHT FOR FIVE YEARS CHALLENGING: (1) THE VESTING OF THE KOLOSORI CUSTOMARY LAND IN FIVE AXIOM SUPPORTERS; (2) THE REGISTRATION OF FIVE AXIOM SUPPORTERS AS THE OWNERS OF THE PERPETUAL ESTATE; (3) THE REGISTRATION OF A 50 YEAR LEASE TO AXIOM; AND (4) THE GRANT OF A LETTER OF INTENT AND PROSPECTING LICENCE OVER THE LAND TO AXIOM. THE LAND APPELLANTS ALSO CHALLENGED THE CLAIM OF THE FIVE AXIOM SUPPORTERS - ROBERT MALO, FRANCIS SELO, LEONARD BAVA, WILSON MAPURU AND ELLIOT CORTEZ - TO BE TRUSTEES AND SOLE OWNERS OF THE LAND. THE COURT OF APPEAL HAS HELD THAT CUSTOMARY LAND CAN ONLY BE CONVERTED TO REGISTERED LAND THROUGH STRICT COMPLIANCE WITHTHESTATUTORYPROCESSESPRESCRIBED BY THE LAND AND TITLES ACT. THE COURT HELD THAT THIS DID NOT OCCUR IN THIS CASE. IT ALSO HELD THAT THE CLAIM OF MALO, SELO, BAVA, MAPURU AND CORTEZ TO BE VALIDLY APPOINTED TRUSTEES OF THE LAND WAS WRONG AND NOT IN ACCORDANCE WITH CUSTOM. THE COURT HAS STRUCK DOWN THE PURPORTED VESTING ORDER AND REGISTRATION OF THE PERPETUAL ESTATE AND HAS ORDERED ITS REMOVAL FROM THE REGISTER. THE COURT HAS ALSO STRUCK DOWN THE 50 YEAR LEASE TO AXIOM AND ORDERED ITS REMOVAL FROM THE REGISTER. IN ADDITION, THE COURT HAS RULED THAT AXIOM’S LETTER OF INTENT AND PROSPECTING LICENCE ARE BOTH INVALID AND HAS QUASHED THEM. TAKATA/KOLOSORI IS CUSTOMARY LAND AND HAS BEEN HELD TO HAVE ALWAYS BEEN SO. THE COURT HAS HELD IT WAS NEVER REGISTERED. AS A RESULT, AXIOM HAS NO LEASE AND NO PROSPECTING OR MINERAL RIGHTS IN THE LAND. FURTHER MALO, SELO, BAVA, MAPURU AND CORTEZ CANNOT CLAIM TO BE THE TRUSTEES OR SOLE OWNERS OF THE LAND. AXIOM HAS BEEN ORDERED TO PAY THE LAND APPELLANTS’ COSTS OF THE TRIAL AND THE APPEAL. WHILE IT IS TRUE THAT SMM SOLOMON DID NOT ULTIMATELY SUCCEED, IT ACTUALLY LOST ON ONLY ONE MAIN POINT KNOWN AS THE THREE PL ISSUE. IT SUCCEEDED ON A NUMBER OF OTHER MAJOR ISSUES INCLUDING THE FACT THAT IT WAS DENIED NATURAL JUSTICE WHEN THE MINISTER REVOKED THE TENDER. THE BIG LOSERS IN THE APPEAL ARE AXIOM AND THEIR FIVE SUPPORTERS. REPORTING THAT SUGGESTS THE CONTRARY IS INCORRECT. THE IMPORTANCE OF THE CASE LIES NOT SO MUCH IN THE MINING ISSUES BUT IN THE LAND ISSUES WHICH AFFECT ALL CUSTOMARY LAND IN SOLOMON ISLANDS. IF AXIOM AND ITS SUPPORTERS HAD SUCCEEDED, CUSTOMARYLAND COULDBE REGISTEREDBYIGNORINGTHESTATUTORYPROCESSES WHICH THE COURT HAS HELD ARE DESIGNED TO PROTECT CUSTOMARY LANDOWNERS. WE NOW KNOW, AS A RESULT OF THIS CASE, THAT THIS WILL NOT BE ALLOWED TO HAPPEN AND THAT CUSTOMARY LAND CANNOT BE LOST OR USURPED BY UNLAWFUL PROCESSES. SOL-LAW, SOLICITORS FOR THE LAND APPELLANTS 22 March 2016
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