NATIONAL PARLIAMENT OF SOLOMON ISLANDS

 

PUBLIC ACCOUNTS COMMITTEE TRANSCRIPT

(Inquiry into the Land Registration procedures and Kukum Subdivision, Department of Lands and Survey, Ministry of Agriculture and Lands)

 

24 May 2007

 

(Uncorrected Version – subject to changes upon revision)

 

Chairman:  Let’s begin this afternoon session.  I wish to apologise for being late due to other work commitment.  However, before we proceed on to this proceeding as the acting Chairman of the PAC committee I would like to warmly welcome and thank the PS and senior officials of the Ministry of Lands and Survey for appearing before the committee this afternoon.  The Public Accounts Committee functions to review and examine public expenditure as part of the oversight functions of the Parliament. The Auditor General has tabled eight in Parliament reports in relation to expenditure that particular government departments. This afternoon we will be enquiring into the Special Audit Report into the affairs of the Lands, Registration procedures and Kukum subdivision within the Department of Lands and Survey (Ministry of Agriculture and Lands) and before the committee commenced its questioning, I would like to invite the PS or the Ministry to make an opening statement to the committee.

 

PS:  Thank you honourable Chairman.  I’m pleased and obliged to be able to avail my team from the Ministry of Lands and Survey to this PAC hearing the Special Audit Report into the Lands and Administration Procedures and the Kukum subdivision within the Ministry of Lands and Survey.

Mr Chairman we hope to basically be provided responses in addressing 37 recommendations of the audit report.  I would like to note here that our presentation is actually contained in more detail with the action plan we made available in the committee.  Our intention is to provide responses in attempting to rectify in improving the situations as pointed out by the audit report.  We do not intend to try to defend the actions of the ministry as allegated in the content of your audit report but rather report and actions are being taken or are intended to be taken to address these discrepancies and recommendations put forward in the report.

 Mr Chairman we actually welcome the report and its recommendations in the sense that it has provided a check point for the ministry in enabling us to pause and re-look at the performance of the ministry in terms of its functions and its services and in line with government policies, statements and objectives.  We basically accept the fact that certain things have gone wrong with the administration of land allocation procedures and in particular the case that is represented before us.  What is important here is to rectify the situation with the implications for future cases.  We will endeavor to answer questions with the view for improvement.

Mr Chairman, may I now introduce my team and my senior officers within the Ministry of Lands and Survey.  I probably ask them to introduce themselves.

 

Introduction of Senior Officers.

Tione Bugotu    -           Permanent Secretary

Eric Gorapava  -           Under Secretary

Joseph Pinita    -           Commissioner of Lands

Harry Waitara  -           Director Physical Planning

Haelo Pelu                    -           Deputy Register of Titles

Jackson Vaekota          -           Surveyor General

 

PS:  Thank you Chairman I’m not sure how you would want to the proceedings to go on but we would be prepared to answer questions …..

 

Chairman:  Thank you PS and officials.  Before we go into further in deliberating this report if any official wish to make any clarification they may do so otherwise I suggest we go page by page into this Action Plan.  What is your opinion?  If not then we start from page 1.  Any comments from the Committee?

 

AG:  Chair if I could say something for the purposes of record I guess it would be ….. that the PS clarifies the use of the word “draft” in the action plan. Does that mean it is still on a draft stage or can the committee construe this as this is the action plan?

 

PS:  Thank you Chairman. Sorry I think that is an oversight.  It supposed to be final and is no longer a draft.  I apologize for that.

 

Chairman:  This is clear?  Any more comment?

 

Hon: Fono:  Mr Chairman, I would like to make sure if the Town & Country Planning Board (T&CPB) comes under Lands or under Honiara Town Council.

 

PS:  Thank you honourable Chair yes that is the point I was going to raise earlier on. The T&CPB comes under the Honiara City Council therefore a number of recommendations have been put forward as part of audit report refers to the functions and responsibilities of the ….Ministry of Lands and to make further recommendations to the T&CPB or to incorporate certain measures…..

Hon. Fono:  Mr Chairman, is the Ministry has any representation in the Board as to how close the work because a lot of these areas it is the T&CPB has the Legislative Powers.

 

PS:  Thank you Chairman, yes we do have a representation on the Board as established.and is the Director of the Physical Planning within the Ministry of Lands and Survey however, we also have the existence of the Board and the appointment to the Board is actually done by the Ministry of Lands so the Minister of Lands actually determines of opposition of the Board.

 

Hon. Koli:  Mr Chairman, in line with the Town & Country Planning Board and your Ministry I’m just considering G- Province.  Is G-Province also included in the Lunga area within the Guadalcanal Province?

 

PS:  The Guadalcanal Province is actually has their own board but then the composition of the T&CP Board is more or less discretion of the Ministry of Lands and this has been one of the problems with the establishing of and previous ministers have decided to withhold the actual functioning of the Board with the view to perhaps decide they would like to sit in the Board.  To answer your question …..

 

Chairman:  Ok if no comments on page 1.  I’ve seen the comments are based on recommendations on pages 1, 2 & 3 on page 1 then let’s move onto page 2 recommendations 4, 5 and 6.  Any comments?   If not let us move to page 3 recommendations 7 and 8 and part of 6.  Can the PS inform the committee about the status of the Kukum land?

 

PS:   Thank you Chair I probably be asking my officials to assist on this.  The status of the Kukum land is as it is reported in the audit…… This response will try and address issues raised in the audit report a lot of which requires certain improvement and clarification and this is why we would like to consult the Attorney General’s office.

 

Hon.  Fono:  Chairman, in the event that some of the actions that were done by officers in your department that is not straight on which is open for prosecution what action has the government taken so far whether those officers have been suspended or terminated. And are they liable for any prosecution?

 

PS:  Thank you honourable Chair, so far nothing has been done.  The officers involved have either left the ministry or had been transferred to other ministries however the ministry would need to carry out its own internal investigations to actually identify which officers were involved theb based on recommendation 2.  We will be referring to …..

 

Hon. Koli:  Chairman, what formula do you derive from before you can send Valuers to value that particular piece of land?

 

PS:   Thank you Chair.  This is a technical question so I shall refer you to the Undersecretary.

 

Eric:  Thank you Chair.  I think what normally happens here before valuers assess a particular property he looks at the location basically and then determines what approach to take in relation to sales that have taken place. In our situation which is what happens in Kukum where you do not have a say to make comparison what we normally do is to apply hypothetical development method sometimes it refers to as the yes, hypothetical ….. method which you actually look at it as a property assessing what developments can take place on that particular area and then come up with the value of the land and part of the assessment then adopt that in applying what rent to use in assessing the land rent and the premium so basically that is the administration of what approach to take.  And that is the approach we take in assessing the fees to pay in Kukum Subdivsion.

 

Chairman:  In terms of land rentals is it updated? 

 

Eric:  When we assess the rents what normally happens is we give you what we think is our opinion on the land rent and land rents will take 20 years for revision and our revision in rural land is 22 years.  What normally happens is we do revise those rents after 20 years.  There were also issues raised regarding whether we should shorten the period of revision to may be  7 years and that issue is taken up with the current ministry’s revision of the Land and Titles Act so we ‘re trying to shorten the period from 20 to 7 years.  But yes we do have data base of all the rents what rent for people to pay.  If they have arrears we do have notices to be sent out to them and also to do the revision of all rentals. Yes, we have that in the ministry just what actions to take when the property is up for rental revisions.  These properties at Kukum subdivisions are not yet out for rental revisions.

 

Hon. Fono:  Mr Chairman, is the land at Kukum go through the public tender system?  Do they go through public tender before they are allocated?   I know it happened some years back.

 

PS:  The answer is, no.

 

Hon. Fono:  So are the assessment of the valuations of the land were done by the government valuer?  Are there mechanisms to check whether the value given is competitive?

 

Eric:  Yes, in a tender process it will be more competitive and in a direct allocation scenario it is not competitive.  And you know we were trying to sort of well the Commissioner was trying to sort of may be give fees that are affordable because a lot of the Solomon Islanders do have interests in the Kukum Subdivisions so although maybe the fees do appear as subsidized fees, which is normally what happens is normal practice is more subsidized we could have allowed for an open market sort of value where it reflects but it can be done through that tender process but in direct allocation as it is as it was, no.

 

Chairman:  Yes, PS and officials I think it would be better for a point of interest to know what other criteria and procedures in allocating lands to a developer and what other factors are to determine the developer because we have our own local people who can develop equivalent to any foreign investors.

 

PS:  Thank you Chair.  Before I invite the officials to respond to that in detail I think it is interesting to note that we have the system in place at the moment which is direct allocation as opposed in previous years which was public tender.  The situation here is that in the past there was a fund which was called the Site Development Fund.  This fund was put in place to enable the Commissioner of Lands to be able to carry out.  He would be allocated funds from this particular fund to carry out tender process including site preparation and so forth. That fund has since been taken back to Finance back to the consolidated funds and because of that this new system of direct allocations has come to existence what we actually do at the moment is we have consulted MOF with the view to requesting government to allow us to take it back the site development fund.  This will be a special account that will be controlled both by the Commissioner of Lands and the Permanent Secretary as ……but it will make sure the Commissioner of Lands has allocated the fund to prepare sites and then put it out in public tender. 

In the absence of that this is where we have direct allocation.  To answer your question Mr Chair the criteria which Land is allocated to the present system I will ask the officers to …….

 

Com. Lands:  Thank you Chair I want to make mention of criteria.  Actually on direct allocations at that time we would assume that there were no proper criteria put in place and I will just have to say that the Commissioner too….. and know how on the processes whereby the department is put together. That one did not allow the Commissioner to make a decision to allocate land.  We know quite a number of Solomon Islanders some have been allocated land some none at all this kind of politicing kind  decisions/ideas not to allow the Commissioner to make decisions to allocate land ….that is of course we know site development plan fund to set criteria for public tender is not there.  Not only that but not …. ….to allow such situations to come into place.

 

Chairman:  Ok.  Let us move on to page 4.  Part of recommendation 8, 9 & 10.

 

Hon. Fono:  Chairman, explanation of Commissioner is well understood this has been done during the tension years however if we look currently at the developments happening between Lungga and Henderson now is the same.  Why is allocation going to only a few maybe one developer having two to three different sites?  Why was not any public tender process so that it is given equal opportunity to every Solomon Islander to bid from?

 

PS:  Thank you Chair. I will ask the Commissioner to respond to that.

 

C/Ls:  May be come back again to the issue of Site Development Fund as well having not given that funding yet this sort of practice had been happening for sometime now and office as I would assume continues to blame themselves but I would rather like to see the budget put in place so that we put through this idea and be more in control. 

 

Hon.  Fono:  Chairman, my understanding is the Site Development Fund for the development of these sites for the developers to move in.  Now right from the start it has to be allocated out whether direct allocation going through the tender process. Reactivating the tender process is given more transparent and a measure of good government practice that government must approve it.  Why was not a public tender for these very important prime sites not only to Kukum but even to what is happening now at Henderson?

 

Chairman:  Now, PS and officials in addition to what the Leader of Opposition has said, in Honiara we have a lot of logistics is readily available in terms of electricity like Kukum water is there electricity is there road is there so in terms of site development may not that expensive.  So the question comes back why there were no tender. Is the Ministry going to uphold the tender process in the future or are you going to continue to do this direct allocation which is not fair to the people of Solomon Islands.  Given the tender is a fair opportunity to the people of Solomon Islands to compete or to apply to that particular land.  So what is the ministry’s position on this?

 

PS:  Thank you Mr Chair.  It is quite clear.  The ministry is definitely going to change.  We have to apply the tender process.  I think the direct allocation system that has previously been applied is the reason why things have got out of hand.  The discretion as to who is allocated certain plots of land is totally then the hands of the Commissioner and this is where the problem is but we definitely intend going back to the public tender process.

 

Chairman:  Is the Ministry has a time frame to go back to this tender system.

 

PS:  Yes, we are looking at working towards it by the end of this year and early 2008.

 

Chairman:  Any comment Member for East Guadalcanal?

 

Hon. Koli:  In terms of Land registration and allocation.  Is there any investigation been carried out in respect of specific cases being reported.  Is there any new investigation carried out?

 

PS:  Thank you honorable Chair.  To my knowledge no, not to the extent that people are actually being charged at this stage or this is the  first case that has come up with the Kukum land subdivison but with this audit report it actually brings to surface a lot of other cases.

 

Chair:  Page 5 recommendation 11, 12 and 13. No comments?  Page 6 recommendations 14, 15, 16 and 17.

 

Hon. Koli:  Chairman.  What is DPP here indicated? 

 

PS:  Thank you Chair.  DPP stands for the Director of Physical Planning within the Ministry of Lands.

 

PS:  Sorry, I think we should have clarified that earlier honourable Chair.

 

Hon. Fono:  This area or this practice of certain Solomon Islanders would like to speculate on land from the government.  They obtain it and resell it even without developing it.  Is that ok or is there restrictions on that.  If there is no more restrictions can an amendment be made and bring it into Parliament so that we do not speculate on land because land is allocated to those who have funds to develop.  That practice is not only here in Honiara but even in the Provincial Centres.  Some obtained land for three thousand dollars but sell it to fifty to sixty thousand and hundred thousand dollars.  This has spoilt other Solomon Islanders that have got money to develop.  I experience that in Auki speculation on land.  Is there are provision that is allowed for that?  If not can the PS with his officials look at any amendment and bring it to Parliament so that we put an end to that.

 

PS:  Thank you honourable Chair. Yes, there is a provision in place.  This is exactly what happens in this case at Kukum Land Subdivision case.  What is actually in place is a time frame period of five years and this relates to transfer of land. Although it is in place there has been and this is part of the recommendation 2 to the Ministry to enforce some sort of check or monitoring. I think the problem lies the fact there has been no check and therefore this is being allowed to be practiced although the law says, don’t, is not that accepted but it happens and nothing has been done about it.  This is one of the recommendations that we will address to try and work on particularly in relation to this Kukum land case issue.  Perhaps if other officers who wish to comment they may do so.

 

US:  Chair, I think if we look at what happens one of the ways by we simply address the issue is to go back to this tender process again that will ease our problem of speculation. When the C/Lands issues you the Grant Instrument for you to sign there are certain conditions inside the instrument and then at the same time he also puts this five year period in which a fixed term owner must develop it before he actually transfer it. Now as practice happens that allows people to sort of speculate on land. There is a provision there which says something like variation of title and this variation allows the particular person who has not developed the place to apply for that and that condition probably must be taken out because it allows people like them to capitalize on that issue of speculation. I think it all bogs down back to the Commissioner of Lands as well too when he issues the consent for transfers it is all within the circle of the ministry as well as the person who has fixed term title of the property.  Now this practice of speculation is something that everywhere it happens people we all try to satisfy once of the people in terms of having land to develop but then you can’t really tell who is really genuine and in the tender process you can actually tell who is genuine because we request Banks statements to show that I have the money this person has the money to develop the place but in this particular case is not it does not happen so the dept is trying to address this issue we are trying to do that.  We will basically try and  get this Site Development Plan because it is this will help us to prepare particular areas of subdivisions and then sort of apply to tender process from there we can be able to look at who is serious in development and in a direct allocation, no. The person just comes in and you know apply for places we cannot really tell.  In a tender process yes but we also acknowledge the failure of the department in addressing this issue, speculation something we strive too not only in Honiara in Gizo, Auki others happens.

 

Chairman: Yes, PS and officials while the ministry is trying to change the system from direct allocation into tendering process.  Does the Ministry have any moratorium on direct allocation to stop people from rushing into last minute allocation of land?

 

US:  Thank you.  We are going to look at the issue of backlog because we have a lot of applications at the moment with us we were thinking of putting a moratorium at what time but we have to decide on a particular time we put December 2007 we will have to address this first and then trying.  We can do that in a form of a circular in a form of a notice but we also depend on public to take note of that there is a moratorium so we should start to stop asking for land or something like that although we expect them to always come places like the bank people always come everyday but if you can put out something like that also using this land new program instead of talking to the people and public and that will try to put that in place.  I think we will put out in the media and let the people know about the moratorium.  We are trying to be courteous to the people as well we do not try to stop them but we must try to put some control measures and one of them is this moratorium.  We will certainly do that.

 

C/Lands:  Chairman, just continue with control measures report that we also put in place standard of procedures we also try to address how we can try and control them address it while we put in place a moratorium on the tender process.

 

Chairman:  Page 7 Recommendation 18, 19 & 20.  Any comments?   PS and officials recommendation 18. The last bulletin point: “The Commissioner should seek further legal advice in relation for possible for future of these lots with instruments that have not been duly stamped and therefore not adequately executed the dead line is 31st May which is only few weeks away what is the progress?

 

PS:  Thank you Chairman……….


Chairman:  Will be on time. 

 

Hon.  Fono:  This is in relation to a non-collecting of stamp duties?

 

C/Lands:  I think there are certain parcels which were not duly stamped. We will need to seek the AG’s advice regarding that and then in terms of forfeiture because we sort of trying to be very mindful and be very careful as to whether we should apply that or so we get there first then we can sort of apply forfeiture but certainly there were some parcels which were not duly stamped also maybe need the assistance from the Chief Collector from the Inland Revenue to come in to address the issue as well together with us.

 

Hon. Fono:  Chairman, what happens to lands the Commissioner might be taken back for future plan?   Is it re-alocated or put out for tender?

 

C/Lands:  We will put it out for public tender and then we have allocated and transfer it…

 

Hon. Koli:  what is the actual period for the developer to develop that land?

 

US:  When we give you the letter of offer we allow you to have thirty days in which to pay your fees.  After your property is being registered we give you 18 months that is for residential 24 months for industrial and commercial.  So that is the period we normally use and within 18 months we expect those people to actually put up houses or buildings develop the land.  When they do not do that that is where the Commissioner must come in and in most cases may be that did not happen therefore it allows them to sort of speculate.  We have to be a bit tough from the Ministry of Lands to address the issue.

 

Hon. Fono:  Chairman, on the other hand I learnt of others who have been waiting for their Titles. It takes a number of years to release their Titles as you know they need their titles in order to seek finance from the banks.  Sometimes it is Lands that delays awarding of their Titles although fees are being paid.  Why takes so long if there is improved efficiency in the system.

 

Pelo:  Thank you Chairman, yes we actually have a backlog in the land registry due to shortage of staff we still accept people who find it hard to get their title to come in and to tell us that they want their titles to be given priority of their land. So we did not actually delay the registrations.  Anyone we know who needs his title please process his application.

 

Jackson:  Mr Chairman, another thing that delays registration is during the tender period we survey the whole lot of land maybe fifty to hundred lots at one go and register them and at one go and so we accomplished much but with this direct allocation we have people coming in piece meal. And people who come to make a lot of noise we start to deal with them but if you stay in the Province sorry, so that is the problem about the direct allocation, piece meal type.

 

C/Lands:  Mr Chairman, just to add on to what the officer says.  Actually, the process on direct land allocation issue the actual land process which consumes a lot of time because we have to go to a lot of places in order to achieve the registration process itself so maybe that is where this kind of delay is experienced by our people and as the tender process the land has already been subdivided and have the parcel numbers so we would say that… which the person must have given the …and was given the ….even the parcel registration process takes years

 

Chairman:  Let’s move onto page 8.

 

Hon. Fono:  Chairman is the land data now being computerized so that it helps you know exactly which land rentals are outstanding because once it is properly computerized I believe government can collect a lot of revenue rather than the old manual system when we look on the ledgers.  What is the current situation with the information system in lands? 

 

PS:  Thank you Chairman.  As with every other ministerial departmental things are now become computerized and definitely in Lands and this is why we have already have this land system information made available if you wish to view your land  lot number, parcel numbers, titles………

 

Chairman:  When was that program implemented?

 

PS:  In lands the centre is actually open into……..

 

Chairman:  So since it was implemented until now was there any improvement on the revenue of the government because we notice that the land follow up, the land rentals cause a lot of reduction in the revenue for the government, 25% especially in Kukum land.  This system was established in 2003 and now it is 2005 so was there any improvement in the collection.

 

PS:  Thank you Mr Chair. Yes I’d like to believe that there has been some improvement in the collection except not until the one expect………but still there are a lot but in terms of the general progress certainly we would like to see that improved.

 

Waitara:  Chairman, can I put on one view here.  The system itself cannot do much in terms of collecting the revenue it is the human being that goes out to collect the revenue so we have the problem with staffing at the moment.  We do not have revenue collectors with us so we expect the list holders to come forward and check up their rent dues and then pay up.  They had signed a grant instrument which stated that every Thursday of January each year they should pay up the rent but first probably they use that as   excuse to say, your door was closed on 1st January that does not mean they have a good excuse.  What I’m trying to say here is yes, the ministry has facilities in place but it is up to the list holders to come forward to check up and pay up otherwise we can bill them but then it is up to them to come forward.  There is also a lack of enforcement in the department to enforce whatever bills we should send to them that amounts to this slow revenue collection. 

 

Chairman:  So what is the ministry’s mechanism to improve the enforcement in the Ministry?

 

Waitara:  Thank you Chair.  That is where we have a proposed or put in new staff establishment posts and again it is a long story with Public Service over the last years although Public Service refers that recruitment back to the Ministry again there is a slow progress in employment of new staff.

 

PS:  Mr Chairman in terms of the revenue collection I think the MOF will equally share part of collecting revenue and as I understood within our Ministry there has been a shortage of staff within the accounts usually in terms of collecting of revenue.  Now I have been to an understanding that Finance has a major division and this is possible to collecting revenue throughout the ministries and departments which is done on almost a daily bases in case of Lands that has not been for the last in fact since January.  We are fortunate that we have recently been able to employ a cashier who now does the job of carrying money from Ministry of Lands down to Treasury in the MOF in that sense it has …... I think other ministries or relevant departments need to do their part as well.

 

Chairman:  I think it is clear enough.  Page 9 recommendations 24, 25, 26, 27, 28, 29.  Any comment?

 

Hon. Fono:  Recommendation 27 Chair we are now expecting this amendment to the Lands and Titles Act.

 

US:  Thank you Chair, we have actually done some exercise on revising some of the  provisions of the Act we did not have much support probably on certain quarters of the private sector we were trying to address this issue of revising the land rentals from 20 to 7 years.  Now that has taken some negative responses.  But then we will leave that up to the right people to look into it. We have actually given it to the legal draftsman we shall sort of wait for their response to come back to us before we can actually put it up to the responsible authorities and probably put in Parliament so, Yes, we have done trying to put some actions and revising some of the provisions of the Act.  But we also need some political will to actually drive this through. 

 

Hon. Koli:  Chairman, 31st May about while here to …..Kukum land areas without that.  That indicated you comply with that updated recommendation 24?

 

US:  Yes, what happens is that we try to engage the Valuer General which is a new person from the …we will try to engage him to just look through other allocations in Kukum to see where people have actually never paid their rents that supposed to be paying so we would turn to that just to concentrate on Kukum Lands but also we are trying to address others too like Honiara itself too and some other fixed term owners that never came forward for the last couple of years.  We have records with those people too but yes we want to try to adjust Kukum first so we have given him the task and he should report back to us before 31st May.

 

Chairman:  So what will happen if they fail to pay their arrears?  Did you have some cases where they failed to pay their arrears?

 

C/Lands:  Yes I think I stay long enough in the ministry to actually know there were certain instances in 1980s and early 1990’s where we actually forfeited the fixed term now what we try to relate to you is the enforcement part of it because I think we sort of lack on that particular area to enforce those forfeiture and to take it back if fixed owners did not  comply  to what they supposed to be doing and one is land rent we will certainly talk with the landowners themselves too and they need to come to see us and explain why they did not pay for the last six years. We have incidences where we have taken back when someone did not pay for ten years but that was in early ‘80’s and ‘90’s.  But then again the enforcement part is still weak.

 

Chairman:  Page 10.  Recommendation 30, 31, 32, 33, and 34.  PS and officials recommendation 30.  Actions taken is referred to this.  Maybe can you just inform the committee about this case?  Has the Ministry put in place a mechanism to avoid repeating the same case happening?

 

PS:  Thank you. We are referring to the Police I think actions we have taken it involves very senior officers. We would rather hand it over to the Police…...  but they would actually lay charges against them……….. 

 

Chairman:  So what are the mechanisms put in place for the ministry to avoid happening this again.

 

PS:  Well, I think in this case it is the cashier who is allowed to carry money from the Ministry of Lands to Treasury.

 

Chairman:  Do you think or the assurance in putting the new Cashier will solve the problem.  What are the mechanisms put in place?

 

PS:  The Chief Accountant is the main supervisor within the accounts to supervise the cashier on daily bases.  I think this is why things are being allowed to be in process.

 

Hon. Fono:  Chairman this is for the recorded cash entries but the ones that are not recorded they just go to yellow envelop is hard to record.  This is no wonder certain developers have a lot of properties.  Just one developer you will see a lot of houses here and there.  There is something must be going on not on the current staffing but all along lands is popular for that and even an officer who has buses or taxes better re-look at how they take those vehicles because for simple public servants that cant afford for a cost of living certainly there must be something going on so as a deterring factor cases that involves officers must be reported to Police.

 

C/Lands:  Chairman, just to say something about this one in order to get us control this kind of practice we do come up with the standard of procedures that should help us this kind of bid if anything happens we should be able to try to settle within ourselves.

 

Chairman:  Since the official mentioned the procedures. Can the committee have a copy of the procedures?

 

C/lands:  Chairman, we will provide you.

 

Chairman:  Back to recommendation 30.  The second bulletin, ticketing system.  Can you explain what this ticketing system?

 

US: Ticketing system is the one seen in ANZ as you go in.  It shows you your number and then when your number comes out on the screen you know it is your turn.  Now we want to try to introduce the system so that it is fair.  It is orderly.

 

Chairman:  Let’s move onto Page 11, recommendations 34, 36 and 37. 

 

Hon. Fono:  Mr Chairman, are all lands at Kukum been allocated already and my second question is whose responsibility is to relocate those residences there, government or their own companies that they work on.

 

PS:   Thank you Chair.  The relocation of the original occupants is another issue itself.  There was a program in place something that goes around and  we have a lot discussed with former occupants who have not been allocated. The officers would be able to assist there and the DPP probably would be in a position to in terms of the relocation.

 

Hon. Fono:  Chairman, I raise that because you tend to see that some of them have moved towards the seaside which is very risky.  Not only risky to themselves but it does not look proper in the frontage of our city.

 

Waitara:  Mr Chairman, most of the residents there all government quarters Labour lines the fact the government open up that place for another development gives burden too for  government to move out its workers but the ministry has put in place their movement and ministry sort of use that problem as a chance they can build their own homes/houses to accommodate government officers at the same time perform their activities serving the government. So far the ministry has prepared sites for them but then it comes back to preference of location where they want to live again some prefer to live to other locations the ministry has accepted and then prepare sites for them. The others just go where they want to go although the ministry has already prepared a place for them again it comes back again to site development fund in terms of putting in place the basic infrastructure.  One thing is to get the land prepared in terms of survey and registration the other thing is putting basic services where human being needs survival so that again needs money to come back whatever limited fund the ministry has that is all we can work on.

 

Hon. Fono:  Yes, my first question was have all the land, commercial sites in Kukum being allocated or not?  So all residential areas from Hot Bread comes to Police Station.  Are these being allocated?

 

PS:  I’ll ask the Commissioner to answer that.

 

C/Lands:  Hot Bread to Police Station is under Honiara Town Council.  The only area where the new structure is being built is where the stores are and comes to the Police station is the Commissioner of Lands holds.

 

Chairman:  So that includes Kukum market.

 

PS:  Kukum market is under Council…………In terms of….so it is 12 years.

 

Hon. Fono:   It is done during the ethnic tension years so we accept it but we’ve got to put in place proper roles and regulations so that we do not repeat that again.

 

Chairman:  Move on to page 12, which is a last page.  Any comment?

 

Hon. Fono: Which one in Burns Creek is not yet subdivided?  Recommendation 37.

 

Waitara:  Thank you Chairman.  I think I will answer that on behalf of the Commissioner.  This parcel in Burns Creek is just behind KGVI Market and ROC farm there is a drain that goes down….

 

Hon. Koli:  Chairman, as stated earlier the market area is under Honiara City Council you look after certain areas as mentioned today but looking particularly at the Henderson area G-Province and the Ministry in terms of land demarcation wise and all. Which areas are owned by Guadalcanal Province and which areas are under the Ministry so that development can go ahead at Henderson?

 

PS:  Henderson and Lunga areas is it?  Commissioner would be able to clarify.

 

C/Lands: Chairman, before any other officers give comments I just want to make comparison to Kukum first.  Kukum ……the title is actually owned by the Honiara City Council you know that the administrative title the actual title is with them so Commissioner of Lands has no authority to do whatever.  In regards to Henderson area there are quite a number of stakeholders that own this area and Henderson so this area where G-Province might own, own here is different administrative in terms of own Town Planning so even though the Commissioner of Lands own in Henderson area we would always refers to Guadalcanal Province Town & Country Planning office to also give their recommendations as to what sort of development should come up inside with so it is quite a different way you look at it…development aspect of it….

 

Hon. Koli:  Because up there at there at Henderson is very complicated, RIPEL, G-Province, Commissioner of Lands and also Customary Landowners would also claim to take that land back.  So it is very complicated up there.

 

PS:  This is regarding their demands for development with some other issues.

 

Waitara:  Thank you Chairman.  I just want to put one comment and this will clarify on the understanding of the jurisdiction from each authority of the Honiara City Council, Guadalcanal Province and the Commissioner of Lands. 

Out side the town boundary the Land and Perpetual Title is held by the Commissioner but when a Fixed-Term is given to the estate holder and the estate holder has the final say for the next how many years he own the entitles on and that is why CEMA comes in to claim RIPEL and the Commissioner only handles those titles that are still within the Commissioner of Lands office.

 In terms of planning, whole of Guadalcanal Province is declared under a Town & Country Planning Act Planning Area which means the ministry or G-Province for that matter can do any planning to any area within Guadalcanal Province but when it comes to control what sort of development there are only various sections that control areas where Guadalcanal authorities, government authorities can control whatever development that goes in there.  Although ownership wise people have the customary land ownership the development part can come back to the administration side, the local government so those are the hierarchy we sort of confuse who controls what and what places to go to and having look at those we tend to think that Solomon Islands we sort of over legislate ourselves so we confuse ourselves too of what is going on.  Thank you.

 

Chairman:  This is very strange arrangement that somebody owns the land and somebody controls the development.  It can be very stressful.  Do you have any policy in future somebody that controls the land has some say over the land?

 

Waitara:  Yes, that is possible through the regulations given back some powers in certain Acts go back to various entities of bodies in terms that is why all provinces would like to say tell me your economy to do my business rather than the national government falling onto some authorities or decisions. Again it needs overhaul through legal …..

 

Hon. Fono:  Mr Chairman, generally the audit into Kukum land finds a lot of discrepancies in which even government lose a lot of revenue that is due in terms of the premium of the land stamp duties and all these.  Now in the event that titles are not yet given to developers that were allocated land and if these discrepancies are found can the government impose the rightful amount of funds that is due to the government for those lands so that they are paid the proper value of the land?

 

US:  Thank you Chair, I think that issue we will try to adjust some policy issue, land allocation policy where issues of land rent and premium that comes on site. On the issue of premium whether we should capitalize that rent and come up with premium or we actually value straight the site and give straight the value of the site.  They will come on the policy which one is good for the you know maybe Solomon Islanders as well too so we must consider some of these issues as well.  We will try and address that through the Land Allocation Policy.  We can do that and that is what I want to mention to you. 

 

Chairman:  That concludes the recommendations and now any general comments from the committee or any mishaps from the previous recommendations. 

 

PS and Officials was there any stamp duty exemption provided since January 2006? 

 

Pelo:  That can only be found out in the Commissioner of Income Tax Office.

 

Hon. Fono:   Inland Revenue.

 

Chairman:  Is there any working collaboration between your office and Inland Revenue?

 

C/Lands:  The Registrar General does achieve collecting duties the document that comes into the Registry that should be stamped which to check against the appropriate ………

 

PS:  .inaudible…..

 

Chairman:  If anyone would like to see the list?   Any final comment?

 

PS:   …inaudible…..

 

Chairman:  Thank you.   Any final comment?

 

Bill:  If I could just make a brief comment I would just like to reiterate that this report did find many significant findings in relation to the Kukum area land case.   That was only one many, many other cases intended to be part if you look back to these records to make sure the same message from this grouping explode elsewhere. It is good to hear today that there are something missing that we are going to pursue and is great to get this document now it gives us a bit of a snap short because a year ago since some of those issues raised carry forward I think this committee needs to get that quarterly report to keep it up to date because it is such a commitment from the ministry to make sure to keep up to date with these recommendations because many of them is going to happen the next month or two it is good to know within three months time.  The Committee is also asked to follow up audit in due cause any policy without to do that until you know exactly where you are as soon as possible.  It is great to see the Ministry has come up with these….  

 

Chairman:  Yes, if there is nothing more then on behalf of the committee and officials of committee I wish to thank the hard working PS in the Ministry of Lands and your officials for coming in front of the committee presenting your case and especially thank you too for coming up with your Action Plan which other Ministries have not done so.  So we thank you especially for this Action Plan we can cross check how much have we done which part has not yet completed and so forth. 

Thank you once again PS and officials.  That concludes today’s session and will resume 9am tomorrow.   So before we call it a day may I ask the MP for East Guadalcanal to say a word of Prayer.

 

Hon. Koli:  Said a Closing Prayer.

 

                                         

                                                    ……..The  End…….