Official: Law allows minister to appoint solicitor-general

By JEFFREY ELAPA
A SENIOR state lawyer from the Office of the Solicitor-General says the Attorney-General’s Act empowers the minister concerned to make the appointment of the solicitor-general.
Kaiyoma Akeya said the acting appointment of Tauvasa Tanuvasa by the Minister for Justice and Attorney-General Davis Steven after Faith Barton’s contract had expired was legitimate and legal.
He said if the Attorney-General’s Act gave the minister absolute rights to appoint the solicitor-general, then why did Chief Secretary Isaac Lupari, a civil servant, continued to halt and derail the acting appointment process.
“The minister is the political head and sits in the National Executive Council in which the prime minister is the chairman,” he said.
“The minister is a member of the prime minister’s cabinet and receives advice from the prime minister and vice versa.
“The minister receives his directive from the prime minister and the minister then advises the prime minister on matters relating to his ministry, the department and also on legal interpretations and advices, not Isaac Lupari, who is a civil servant.”
Lupari earlier stated that he was acting on the advice of the prime minister to stop the appointment and gazettal of Tanuvasa’s appointment.
Akeya said in 2014, the then minster for justice and attorney-general Ano Pala appointed Barton, replacing Jubili Tindiwi, who was then the solicitor-general.
“Her appointment was in order and now Faith Barton’s contract of employment has expired and the minister appointed Tauvasa Tanuvasa – that is also legitimate because he exercised his powers under section 11 of the Attorney-General’s Act,” he said.
“An aggrieved Barton went to the National Court and yet the court ruled against the orders she was seeking.
“Section 11 is a mandatory requirement of the minister and he used those provisions that empowers him to appoint an acting appointment after her term of contract expired.
“The minister did not act against her (Baton’s) contract of employment. Her term expired so the minister exercised his powers and that is right.”