Port Vila, 30-01-2025 - The reinstatement of three Customary Land Management officers, reinstated by Consent Orders dated 27 January 2025, is currently on hold due to what the Ministry of Justice and Community Services (MoJCS) says is a procedural error.

In particular, the MoJCS stated that the Consent Orders did not have the signatures of the Ministry’s Director General (DG) and the Chairman of the Public Service Commission (PSC). The original order has five signatories—Justice Edwin Peter Goldsbrough as the presiding Supreme Court Judge in the Judicial Review (JR), Attorney General (AG) Kiel Loughman as Counsel for the Defendants, Acting Secretary of the PSC Stephane Bong, Kent Ture Tari as Counsel for the Claimants, and Linda Olul as Representative of the Claimants.

In response to a front-page article on the case published by the Vanuatu Daily Post on 29 January, Justice DG Arthur Faerua issued a statement advising of the procedural issue identified with the Consent Orders issued on 27 January. The orders pertain to JR Case No. 104 of 2024, involving the Claimants—Ms Olul, Nixon Pantutun, Daniel Lukai, and Elisabeth Wanemay—versus the Office of the DG of the MoJCS and the PSC.

“After seeking independent legal advice and consulting with the Office of the Attorney General, it has come to our attention that a significant procedural error exists in the execution of the Consent Orders,” DG Faerua stated.

“Specifically, the Consent Orders lack the necessary signatories from both the Director General of the Ministry of Justice and the Chairman of the Public Service Commission. As a result, the Consent Orders have not been properly executed and are, therefore, deemed invalid. “In light of this error, the MoJCS formally states that until the Consent Orders are re-drafted and rectified to include the proper signatories, the orders cannot be considered valid or enforced. As such, the Ministry will not be acting on the Consent Orders, and no reinstatement of the Claimants will occur from the date of the original order.”

The Ministry also requests that the four suspended staff members involved in the case refrain from disturbing the operations of the office. The DG mentioned that the MoJCS has already communicated with the lawyer representing the Claimants, as well as the PSC, and the Office of the AG will work towards rectifying the issue.

“Until the Consent Orders are properly amended and executed, they cannot be applied or enforced, as they are orders made by consent,” said DG Faerua.