Leader of the Official Opposition Hon Manasseh Sogavare said the government's withdrawal of its appeals in the Lever Solomons land cases commits the state to SBD$64.68 million for Hells Point.
The High Court found on 29 April 2026 that three government declarations compulsorily acquiring land from Lever Solomons Limited were unlawful, along with a related forfeiture process. The Attorney-General appealed.
Under a consent order sealed on 27 October 2026 those appeals were withdrawn and dismissed, and the government undertook not to appeal again. The Court of Appeal will therefore not review the High Court's reasoning, which is now the leading authority on compulsory acquisition in the country, Sogavare said.
The Member of Parliament for East Choiseul set out what he said the law now requires. Stating a public purpose is not enough, he said, because the government must show that the particular land was actually required for that purpose.
It was not enough for land to be suitable or convenient, Sogavare said, nor that it be desirable. The material showing why the land was needed must exist when the minister makes the declaration, and plans or explanations prepared afterwards cannot fix a defective decision.
Later use of land for a genuine public service cannot justify an acquisition that was not properly supported when it was made, he said. A notice in the Gazette is not proof: if an acquisition is challenged, the government must produce the material that supported it.
It would count against the government if ministers and officials did not come to court to explain their decisions, Sogavare said. On forfeiture, he said the Commissioner of Lands can forfeit land only under a valid written delegation from the Land Board, and evidence was put to the court that the board had made such a delegation.
By withdrawing the appeals, the government gave up the chance to have the Court of Appeal decide questions about the minister's powers under the Lands and Titles Act, Sogavare said. Every past acquisition made the same way may be open to challenge, including the land on which the Tina Hydro project sits.
The settlement commits the state to paying SBD$64,678,871.78 for Hells Point by 31 October 2027, with a first payment of SBD$15 million due by 23 November 2026. Title passes to the state only after the full amount is paid.
The proposed township land and public housing land covered by the High Court decision remains with the company, and the state receives nothing for it, Sogavare said. He said the commitment contradicted the government's position on its Free Education Policy.
The 2027 Budget Strategy says that budget will remain in deficit, partly because of the cost of free education, he said, and the prime minister has told Parliament that full rollout will cost an additional SBD$1.1 billion. The Public Accounts Committee has questioned whether the roughly SBD$1 million set aside to prepare for the policy is enough.
"If the Government had the funds for this settlement, it must explain why those funds were found for a land deal, while Free Education depends on deficits and donor support," Sogavare said.
He asked the prime minister and the Attorney-General to say who authorised the settlement and whether Cabinet approved it. They should also explain how the figure was calculated, how much of it is interest and rent, and whether any education funding would be reduced or delayed to meet the payments.
Sogavare asked whether the Minister for Lands, Housing and Survey took any part in the decision, given his past directorship of Lever Solomons Limited, and how much tax the company had paid in recent years.
The High Court also ruled earlier this year that the government has a binding agreement to enter a Deed of Company Arrangement over parent companies that partly own Lever Solomons Limited, he said. The Attorney-General has appealed that ruling, and if it is upheld and the government does not proceed, the state could face significant damages.
The Opposition will pursue the questions in Parliament, Sogavare said.