COMMENTARY BY GABRIEL SURI, HONIARA
I read with interest how contracts were awarded for the supply of goods and services to the PG2023. Some readers have rushed to impute corruptive dealings, while the responsible officers have denied such imputations.
As the main architect of the Pacific Games 2023 Act 2017, I feel obliged to assist by directing those not trained in law to the relevant provisions of the Act. By doing so, I believe the ordinary public will be able to make an intellectual judgment on how and why contracts were or will be awarded.
Section 12 of the Act vests legal power in the NHA to appoint a subcommittee to deal with tender bids. Section 46 of the Act gives the NHA the power to issue instructions on procurement procedures and policies. Reading sections 12 and 46 together, the body to deal with tenders should be a subcommittee appointed by NHA. Section 46 only empowers the NHA to issue procurement procedures and policies, but it does not vest power in the NHA to deal with tenders directly. I am not privy to such instruction, and I have no access to it. It is important for the public to see such instructions.
The NHA, however, has the legal power to manage and control the Sports Solomons Fund. Only the NHA has the power to authorize withdrawals from the fund.
Any procurement by the GOC and FC must be in accordance with the procurement procedures and policies contained in the instructions issued by the NHA. However, such instruction should not suppress the requirement for NHA to establish a subcommittee for assessing tender bids.
The former Prime Minister, Hon. Rick Hou, then published the PG2023 Administrative Bodies Management Rules 2019. The phrase administrative bodies includes NHA, GOC, and FC.
The Rules require all administrative bodies to act in good faith and in a manner that is in the interest of the successful staging of the PG2023. The Rules also require the administrative bodies to exercise care, diligence, and skill. The Rules go further to state that all administrative bodies must maintain ethical standards and ensure that good practices are followed in carrying out their duties. It is a requirement of the Rules that all administrative bodies maintain high standards, maintain a high level of service quality, act with honesty and integrity, and maintain transparency and accountability.
The PG2023 Administrative Bodies Management Rules 2019 also inform the administrative bodies that appropriate financial management is exercised with reference to the Public Financial Management Act 2013, Financial Instructions, and all other rules and regulations made under the Public Financial Management Act 2023.
The Act and Rules were made with the clear objective of avoiding the adverse experiences we have encountered previously during FOPA. Thus, the Act and Rules have set a very high governance threshold for the responsible officers.
With the above, I do hope that the ordinary public can now assess and judge for themselves intellectually, with the information they personally have, whether the laws have been complied with or corrupted.
Gabriel Suri is a professor lawyer and former Team Leader of the National Task Force responsible for Pacific Games 2023 preparations. The views expressed here are his own and do not reflect the position of the RAW SPORTS.
