Mua v Mason [2025] SBHC 19; HCSI-CC 203 of 2024 (18 February 2025)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Mua v Mason
Citation:
Date of decision:	18 February 2025
Parties:	Norman Mua v Ian Mason
Date of hearing:	11 February 2025
Court file number(s):	203 of 2024
Jurisdiction:	Civil
Place of delivery:
Judge(s):	Maina; PJ
On appeal from:
Order:	(i) Minister responsible for Provincial Assembly Election and (ii) The Electoral Commission.
Representation:	Togamae W for Applicant/Respondent Muaki G for Respondent/Petitioner
Catchwords:
Words and phrases:
Legislation cited:	Electoral Act S 111 (1) (b) Local Government (Election Petition) Rule, r 7 Provincial Assembly and Honiara City Council Electoral Act 2024, No. 14 of 2023, regulation 85, regulation 85 (2), Regulation 86 (6), 62 (b) Electoral Act Petition Rules 2019, r 6
Cases cited:	Temahua v Vagara [2020] SBHC 13,

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 203 of 2024

BETWEEN

NORMAN MUA
Petition

AND:

IAN MASON
Respondent

Date of Hearing: 11 February 2025
Date of Ruling: 18 February 2025

Togamae W for Applicant/Respondent
Muaki G for Respondent/Petition

RULING

1. The petition was listed for hearing after the court struck out the Respondent’s application to dismiss without hearing the Petitioner’s petition under section 111 (1) (b) of the Electoral Act.
2. When the court convened to hear the Petition, it was noted from the petition and amended petition filed to the court that though these matters may be preliminary issues, it is significant to check them as it directly relates to the regulations or rules the Petitioner used to file his petition and the amended petition.
3. I directed the counsels for the parties to make submissions on this issue and the court will address or look at the issue in the ruling of the petition.

Brief Facts

4. On 30^th May 2024, Petitioner Norma Mua filed a petition against Ian Mason on the Isabel Provincial Assembly seat for the Baolo Ward. The petition was filed under the Electoral Act Petition Rules 2019 (Rules 6).
5. The Petitioner alleged that the Respondent had involved in the bribery acts and corrupt practises at the election for Baolo Ward and so his election for as the member that ward be declared null and void or he be disqualified of holding the seat of the ward.
6. On 3^rd July 2024 the Petitioner orally applied to the court to amend his petition and the then Commissioner Myonnie Tutuo allowed or granted the order to him to amend his petition.
7. The order to amend the petition was made in absence of the Respondent and his lawyer.
8. On the 12^th July 2024, petitioner filed what he said as amended petition under Local Government (Election Petition) Rule 7.

The Issues

9. The matter relates to the law with the regulations or rules of the filing of the Provincial Assembly Election petition and the issues are:
   • (i) Whether the original petition filed of 30^th July 2024 by the petitioner was under the required regulations or rules of the filing the Provincial Assembly Election Petition.
   • (ii) Whether the petitioner filed the original petition of 30^th July 2024 was under the regulation or rule for the filing the Provincial Assembly Election Petition.
   • (iii) Whether the amended petition filed on 12^th July 2024 under the Local Government Rules is an amended petition or as required under the Provincial Assembly Election Petition Regulation 2024.

Issue 1 & 2

10. As I have alluded, earlier this issue seems to be preliminary however, it directly relates to the regulations or rules that govern the filing of the Provincial Assembly Election petition.
11. It may be that there is a confusion or mix-up by the counsel with the regulations and rules at the start of filing of this petition Provincial Assembly Election
12. It can be so as the Electoral Act which was originally intended for the National Parliament Election can also be applied to the Provincial Assembly Election if the Minister of Provincial Government under his powers makes regulations for the Electoral Act and regulations to apply to the Provincial Assembly Election.
13. Recently in January 2024, the Minister of Provincial Government with his power under the Provincial Assembly and Honiara City Council Electoral Act 2024^[1] made the Provincial Assemblies and Honiara City Council Election Regulation 2024^[2] (PAHCCER 2024). The Regulation also provide for the Provincial Assemblies Election Petition.
14. In Regulation 85(i) of the PAHCCER, it defines the Election Petition as “a petition to the court in which a person complains that a member of a Provincial Assembly or of the Honiara City Council was not validly elected”.
15. It provides for a process or is for the persons to file an election petition of an elector and a candidate for the election in the ward and must be filed within 30 days after the result of the election is published under Regulation 62(b)^[3] .
16. With this election petition, Petitioner filed a petition against the Respondent on the Ysabel Provincial Assembly seat at the Baolo ward on election held on 17^th April 2024. Therefore, to file any petition, it is straightforward and the relevant law for filing the Provincial Assembly Petition is therefore Regulation 85 of the PAHCCER 2024.
17. The Petitioner had filed the petition on 30^th May 2024 under the Electoral Act Petition Rules 2019 (Rules 6) which do not apply or has been repealed by the PAHCCER 2024 in Regulation 85. Therefore, the petition filed on 30^th May 2024 by the Petitioner is struck out.

Issues 3

18. This issue here relates to the amendment of the original petition as the Petitioner asserted that it is the amended Petition filed under the appropriate Rules for the Provincial Assembly Election.
19. A leave was granted for the petitioner to amend the Petition and his counsel on 12^th July 2024 filed the copy of the original petition with the struck through of the words as an amended petition which the counsel said it is in accordance with the Civil Procedure Rules 2007.
20. Counsel Muaki submitted that although the documents or what the petitioner said as his amended petition do not bear any word to indicate or entitled the amended petition, this method is commonly practice under the Civil Procedure Rules 2007.
21. The alleged amended version contains struck through of the initial petition filed of 30^th July 2024 and the amended component or part being underlined in red writing.
22. Petitioner’s counsel described in the submission as:
    • “The amended version contains struck through of the initial petition filed of 30^th July 2024 and the amended being underlined in red writing”.
23. To file an amended petition or amended claim to the court, it must entitle “Amended Petition or Amended Claim”. That has been the practice in this jurisdiction, a requirement or intended requirement under the Civil Procedure Rules 2007. Obviously, it is so as any document file in the court do not confuse the court and the counsels or parties.
24. Interesting to note that in this so-called amended petition it was filed under the Local Government (Election Petition) Rules (Rule 7) as contains at the front top page with the title of Civil Jurisdiction. That component or statement of law at the front of the amened petition was the rules applied or being the rules that apply to file the so-called amended petition.
25. The Local Government (Election Petition) Rules was used some years when the Provincial Government Act did not provide the regulations or rules for filing the Provincial Assembly Petition in those years.
26. The Petitioner’s so-called amended petition filed on 12^th July 2024 in fact is a new petition filed under the Local Government (Election Petition) Rules.
27. The correct Regulation to file the Provincial Assembly Election petition is Reg. 85 of the PAHCCER 2024. Under this Regulation the filing of the amended petition (new petition) be out of time of 30 days or after the result of the election was published under Regulation 62(b.
28. For any amendment to the petition is that if it was filed under the appropriate law or regulation and in this case the Provincial Assemblies and Honiara City Council Electoral Act 2024 - Honiara City Council Election Regulation 2024, the Civil Procedure Rules (which applies to Provincial Assembly Petitions cases) allow to make amendment of a petition and during the trial.
29. For the counsels and parties to understand that any amendment must be on the statement of case and on the matters stated in Rule 5.34 (a) (b) and (c) to better identification of the issues, correct a mistake or defects better facts on the issues.
30. It does not include the adding of new grounds and the circumstance for the application or adopting these is as stated by his Lordship CJ Palmer from the petitions case of Temahua v Vangara and Others^[4] when he refused to amend the petition to add new grounds.
31. Upon considering the laws or regulations related to Provincial Assembly and Honiara City Council Election and the submissions by the counsels for the Petitioner and the Respondent, there is an erroneous of applying the law or regulation with the filing of the petition on 30^th May 2024 i.e. the Electoral Act Petition Rules 2019 (Rules 6).
32. When the Petitioner tried to remedy the defects with the amended petition filed on 12^th July 20204, the intended amended petition was filed under the Local Government (Election Petition) Rule 7 that does exist or amended by various regulations or rules.
33. The recent regulation is the Provincial Assemblies and Honiara City Council Election Regulation 2024 is now the law or apply for filing the Provincial Assembly and Honiara City Council election petition.
34. I have determined the breach of the laws or regulations of filing the Provincial Assembly Election Petition by Petitioner and the Petition filed on 30^th May 2024 and the intended amendment filed on 12^th July 2024 are struck out.
35. Upon the rulings, I hereby declare that the election of Honourable Ian Mason as Member of Baolo Ward in the Isabel Provincial Assembly is valid.
36. For the requirement of Reg. 86 (6) of the Provincial Assemblies and Honiara City Council Election Regulation 2024, the costs against petitioner.
37. I direct that a certificate confirming the validity of the election of Honourable Ian Mason as the duly elected candidate for Member of Baolo Ward in the Isabel Provincial Assembly to: -
    • (i) Minister responsible for Provincial Assembly Election and
    • (ii) The Electoral Commission.

THE COURT
Hon. Justice Leonard R. Maina
Puisne Judge

---

^[1] No. 14 of 2023 [Legal Notice No 13].
^[2]. Solomon Islands Gazette NO. 7 - Extra – Ordinary Gazette Supplement Legal Notice No. 13 of Tuesday 23^rd January 2024.
^[3] Rule 85 (2) of Provincial Assemblies and Honiara City Council Election Regulation 2024
^[4] HCSI CC No. 282 of 2019