Hon Minister of Climate Change Bruno Leingkone

Public Report on the conduct of Bruno Leingkone, the Honourable Minister for Climate Change

On the 11th of June 2020, the Ombudsman exercised its power under Article 61 (1) (d) of the Constitution to enquire, on its own initiative, into the conduct of Minister Bruno Leingkone for breaching s51 of the Ombudsman Act and failing to uphold Article 66 of the constitution and s13 of the Leadership Code Act. On the 7th of August 2021, the Honourable Minister attended to the Office of the Ombudsman in response to a formal invitation issued by the Ombudsman. The meeting was in relation to Minister Leingkone’s alleged conduct as a leader defined by Article 67 of the constitution, on the 1st of May 2020, giving rise to an incident at Pekoa Airport in Santo.

The Honourable Minister appeared before the Ombudsman, the former Director of the Leadership Code Investigations and investigators of the Office of the Ombudsman. At the outset of the proceeding, the Ombudsman explained to him that the requirement of the Ombudsman’s inquiry is that, prior to inquiry, the accused oughts to take an oath before the cautioning takes effect. The Minister responded that the Attorney General had advised him that he is immune from any proceedings by virtue of the State of Emergency under section 44 of the Disaster Risk Management Act. The statement he made interrupted, by putting on hold amounting to the delay of the Ombudsman’s inquiry for a month, only to find that the statement made was misleading.

On the 15th of September 2020 and again on the 22nd of October 2020, the Ombudsman wrote to the Attorney General seeking confirmation of the statement made by the Honourable Minister. On the 10th of November 2020, Mr. Kiel Loughman, the Attorney General responded to the request of the Ombudsman. In his response, the Attorney General confirmed that he did not provide an advice on the immunity from the proceeding under section 44 of the Disaster Risk Management Act No.23 of 2019 to the Minister.

The Ombudsman findings on inquiry against Minister Bruno Leingkone are as follows:

1. The Minister has breached section 51(b) of the Ombudsman Act by interrupting the Ombudsman’s investigations proceedings.
2. The Minister has breached section 13(a) (b) of the Leadership Code Act that imposes a statutory duty on him as a leader to comply with and observe the fundamental principles of the Leadership Code contained in Article 66 of the Constitution.
3. The Minister lied to the Ombudsman that he had sought and obtained advice from the Attorney General.
4. The allegation to be immune to the proceedings of the Ombudsman is a lie.
5. The Minister has breached section 50 of the Ombudsman Act by giving false information amounting to hindrance of the Ombudsman’s investigations proceedings.
6. On the 27th of July 2021, the Supreme Court of Vanuatu made its ruling based on 3 charges that the Minister pleaded guilty to:
   1. Doing an Act that endangered the safety of an aircraft;
   2. Intentionally boarding an aircraft while intoxicated and;
   3. Breaching the Leadership Code by failing to comply with and observe the Law.
7. The Minister has breached the Leadership Code Act, the legal rule emanating from the Constitution for leaders to uphold. The Leadership Code is the highest ethical standard requirement for leaders to uphold at all times. They must comply with and observe the duties, obligations and responsibilities.

The Hon. Minister of Public Utilities Jay Ngwele

On 6th April 2021, Minister Jay Ngwele issued a suspension letter to Mr Hickson Siba, the former Maritime Regulator of the Republic of Vanuatu. The reasons for his suspension were:

1. Mr. Siba failed to comply with the Ministerial orders to action and facilitate the payment and registration of the new vessel carrier for Vanuatu Ferry; and
2. Detainment and release of LC Mahalia into our Vanuatu waters to which the Minister believes should not have been released. The letter also stated that his suspension was pending investigation.

On 6th April 2021, the Honourable Minister issued a letter to the Evaluation Committee, the Maritime Regulatory Authority and the Vanuatu Government informing them of his decision to suspend Mr Siba. The letter also stated his intention as the Minister responsible for the Maritime Authority to appoint Mr Kembro Manderson to be the Acting Maritime Regulator while the Evaluation Committee investigates and make recommendations for the Ministers to make a final determination on allegations.

The written letter was issued after numerous circumstances leading up to the suspensions:

1. On 23rd March 2021, the Executive Assistant of the Vanuatu Ferry Ltd, Mr John Mark Bell sent a letter of grievance to the Minister concerning the registration hold up and importation of the vessel from Indonesia to Vanuatu by Mr Siba.
2. On that same day 23 March 2021, the Legal Officer of the OMR strongly suggested to Mr Siba via email to proceed with the approval of the importation and issuance of the Certificate of Provisional Registration.
3. On 29th March 2021, the Minister dispatched a letter to Mr Siba, expressing the grievances he (Mr Siba) caused in holding up the registration and importation of the vessel belonging to the Vanuatu Ferry Ltd.
4. On 30 March 2021, Mr Siba informed Minister Ngwele at his Office that the OMR awaits the submission of the dry dock report prior to approving the importation and issuance of the Certificate of Provisional Registration. The Minister then informed Mr Siba of the great need for such type of trade route.

On 8th April 2021, Mr Siba responded to the allegations for his suspension pending investigation.

On 9 April 2021, the Ombudsman, Mr. Hamlison Bulu met with the Honourable Minister and informed him that the suspension of Mr Siba was not done in accordance with the law. In particular, section 9 of the MSR Act and that Minister Ngwele should consider revoking his decision. The Minister agreed and assured the Ombudsman that the suspension letter will be revoked that same afternoon.

On 15 April 2021, Minister Jay Ngwele proceeded and made an interim appointment of Mr Kembro Manderson to the position of Acting Maritime Regulator, Maritime Authority.

On 21 April 2021, the Honourable Minister appointed an independent panel to investigate the conduct of Mr Siba.

On 28 April 2021, the Ombudsman sent a follow-up letter to the Minister regarding the outcome of the meeting on 9 April 2021.

On 12 May 2021, the Ombudsman again sent another follow-up letter to the Minister regarding the outcome of the meeting on 9 April 2021.

The Honourable Minister stood by the decision he took hence he did not respond to the Ombudsman’s follow up correspondences. On 18 May 2021, the Ombudsman issued a notice to witness under s23 of the Ombudsman Act compelling the Minister to appear before him (the Ombudsman) on 21 May 2021.

However, on 20 May 2021, Minister Jay Ngwele wrote a letter by way of response, to the same matter raised in the follow-up letters sent on 28 April 2021, 12 May 2021 including the notice to witness on 18 May 2021, to the Ombudsman.

On 1st June 2021, another letter titled; Minister Jay Ngwele issued a Suspension letter- Pending Investigation to Mr Hickson Siba. In the letter, he outlined the findings of the Evaluation Committee on the allegation against him (Mr Siba) being the basis of Mr Siba’s suspension (a letter dated 6 April 2021).

On 6 July 2021, a Working Paper on the unlawful suspension of the Maritime Regulator was hand delivered to the Honourable Minister of Infrastructure and Public Utilities with the findings of the Ombudsman’s investigation pertaining to the decision he took to suspend Mr. Hickson Siba, the Maritime Regulator.

On 19th July 2021, the Office of the Ombudsman received a response to the Working Paper.

The Ombudsman findings are as follows:

1. Minister Ngwele suspended the Maritime Regulator, Mr Hickson Siba before and without the recommendation of the Evaluation Committee on the 6th of April 2021.
2. The Minister suspended Mr Siba before the independent enquiry was appointed, before the commencement of an enquiry into the conduct of Mr Siba and before a report was given by the independent enquiry to the evaluation committee to ascertain the conduct of Mr Siba.
3. As a Leader, Minister Ngwele has breached section 13 (1)(a)(b)(d) of the Leadership Code Act for:
   1. Failure to Comply with and Observe the Law
   2. Influencing and exerting pressure on the Maritime Regulator for carrying out his lawful duty under the Maritime Sector Regulator Act, particularly section 18.
   3. The suspension of the Maritime Regulator was unlawful. It was done contrary to section 9 and 11 of the requirements of the Maritime Sector Regulation.

Mr Mahe Former Chairman of the Public Service Commission

The Ombudsman of the Republic of Vanuatu has issued a Public Report on the wrongful appointment of Melinda Ken by the Public Service Commission to the Department of Customs & Inland Revenue on the 17th of December 2021. The Ombudsman conducted an investigation to determine whether or not the appointment of Melinda Ken (Ms Ken) by the Public Service Commission (PSC) to a position at the Department of Customs & Inland Revenue (DCIR) on 15 November 2018 was lawful.

Around September 2018, Mr Martin Mahe, the former Chairman of the Public Services Commission met Ms Melinda Ken at the Prime Minister’s Office complex. Ms Ken informed Mr Mahe that she had submitted an open letter to the DCIR seeking employment.

Following on from that meeting, Ms Ken submitted her Curriculum Vitae (CV) to Mr Mahe via his email address.

On 15 November 2018, the PSC in its meeting N0. 21 2018 approved and appointed Ms Ken to the position of a Compliance/Licensing Officer within the DCIR. Members of the Commission who presided over the appointment included the Chairman, Mr Martin Mahe, Mr Glen Niowenmal, Mrs Christina T. Gesa, Mr Noel Molvis and Mr Kanam Wilson.

On 27th November 2018, the PSC informed Ms Ken of the offer through a letter that was personally handed to her by the Chairman, Mr Mahe.

Following the decision of the PSC to appoint Ms Ken to the DCIR, Mr Harold Tarosa, the Acting PSC Secretary General then contacted Ms Rose Malsale, Manager Human Resource Officer at DCIR to collect Melinda’s CV from PSC.

On 3 December 2018, Melinda Ken commenced work at the Rates and Taxes section of the DCIR.

On 28 December 2018, Ms Ken received an over payment to her salary, the amount of VT121, 659 by the Ministry of Finance & Economic Management.

Around May 2019, an instruction was issued to the Finance Officers to make a recovery of wages over paid to Ms Ken.

On 18 May 2020, Mr Mahe lied to the Ombudsman that before the Commission meeting on 15 May 2018, Benjamin Malas, then Director of DCIR, (Mr Malas) had approached him with Ms Ken’s name to be discussed at the Commission. Mr. Malas testified to the Ombudsman that what Mr. Mahe said was not true.

On the 11th of June 2021, Mr Malas confirmed to the Ombudsman that during the appointment of Ms Ken, he was on compassionate leave and has no idea as to how she was appointed to a position within the DCIR that has never been advertised.

On 11 June 2021, Ms Rose Malsale, the Human Resource Manager confirmed to the Ombudsman in an interview that, it is her duty normally to prepare the contract package of contract Officers like Ms Ken. However, in this matter she did not prepare any contractual agreement in Melinda Ken’s name. The PSC had issued an appointment letter to Melinda. The Chairman of the Public Services Commission, Mr. Martin Mahe failed to comply with the PSC recruitment procedure to employ Ms Ken at the DCIR.

The Ombudsman’s findings upon completions of its investigation is as follows:

1. The Appointment of Ms Ken by the Public Service Commission was not made in accordance with the Public Service Act and the Public Service Staff Manual:
   • By not following the proper legal processes, the appointment of Ms Ken was improper and unlawful. The Public Service Commission erred in not giving regard to proper documentation and legal processes.
2. The Public Service Commission has not acted fairly as a good employer when making Ms Ken’s appointment outside of the Public Service Act and the Public Service Staff Manual:
   • The PSC had failed to give regard to appoint Ms Ken on merit according to section 15(2) (b) of the Public Service Act, the actions of the Commission members, led by Mr Mahe contradicts that of a good employer.
3. Public Service Commission members have breached sections 13 and 14 of the Leadership Code Act:
   • By disregarding the proper legal processes, the members had placed themselves in a questionable position and thus their actions were in breach of sections 13 and 14 of the Leadership Code Act.