The legal system of Solomon Islands
English common law received under the British Solomon Islands Protectorate and continued at independence in 1978, layered over customary law that Schedule 3 of the Constitution makes part of the law of Solomon Islands. Around 87% of land is customary and held by lineage groups, so the Local Courts and the Customary Land Appeal Courts do most of the work on land disputes. The system was rebuilt after the 1998–2003 conflict, with the Regional Assistance Mission to Solomon Islands operating under the Facilitation of International Assistance Act until 2017.
Legal tradition
Solomon Islands belongs to the common law with customary law tradition. English common law received under the British Solomon Islands Protectorate and continued at independence in 1978, layered over customary law that Schedule 3 of the Constitution makes part of the law of Solomon Islands. Around 87% of land is customary and held by lineage groups, so the Local Courts and the Customary Land Appeal Courts do most of the work on land disputes. The system was rebuilt after the 1998–2003 conflict, with the Regional Assistance Mission to Solomon Islands operating under the Facilitation of International Assistance Act until 2017.
How power is divided
Unitary with statutory decentralisation. Nine provinces plus Honiara City have assemblies under the Provincial Government Act 1997 exercising powers delegated by Parliament, not entrenched by the Constitution. Proposals for a federal structure have been debated since the conflict but never enacted.
Where law comes from
- The Constitution
- Supreme law; Schedule 3 lists the other sources in order.
- Acts of Parliament
- Unicameral National Parliament of 50 members.
- Customary law
- Part of the law under Schedule 3 and prevails over the common law where they conflict.
- Received English law
- Pre-independence common law, equity and statutes of general application, so far as consistent with the Constitution, statute and custom.
The legal profession
A fused profession under the Legal Practitioners Act: practitioners are admitted by the High Court and hold a practising certificate. Most qualify through the University of the South Pacific in Vanuatu or Fiji and complete the Professional Diploma in Legal Practice. The Solomon Islands Bar Association is the professional body, while admission and discipline sit with the High Court and the Legal Practitioners Disciplinary Committee.
Law by topic in Solomon Islands
- Immigration & NationalityImmigration Act 2012 permits with work permit from LabourThe Immigration Act 2012 governs entry and residence, with employment requiring both a work permit from the Labour Division and a residence permit from Immigration.
- Tax LawIncome tax plus goods tax and sales tax, with VAT legislated but pendingIncome tax under the Income Tax Act administered by Inland Revenue, with consumption taxed through goods tax and sales tax rather than a VAT. A value added tax has been legislated but is not yet the operative regime.
- Employment & LabourLabour Act 1996 with notice-based termination and no unfair dismissalMinimum terms come from the Labour Act 1996 and its wage regulations, with trade unions under the Trade Unions Act and disputes through the Trade Disputes Panel.
- Business & CorporateCompanies Act 2009 with a reserved list for foreign investmentThe Companies Act 2009 modernised a colonial-era statute and introduced online registration through the Company Haus registry. Foreign investors must register under the Foreign Investment Act.
- Constitutional Law1978 Constitution with custom as a source of lawA Westminster constitution from independence in 1978 with a justiciable fundamental-rights chapter, retaining the King as head of state and expressly recognising custom as a source of law.
- Property & LandAbout 87% customary land; only citizens hold perpetual estatesRoughly 87% of land is customary land outside the register. Registered land is held as a perpetual estate, which by law only Solomon Islanders may hold — foreigners are limited to fixed-term estates.
- Family LawIslanders Divorce Act with custom marriage recognisedMarriage and divorce run on the Islanders Marriage Act and Islanders Divorce Act, both of colonial vintage, alongside fully recognised customary marriage. The Family Protection Act 2014 introduced protection orders.
- Civil Procedure2007 Civil Procedure Rules with a separate customary land trackThe Solomon Islands Courts (Civil Procedure) Rules 2007 govern the High Court, above Magistrates Courts and Local Courts, with the Court of Appeal at the top of the hierarchy.
- Criminal LawPenal Code with the Local Courts applying custom below itA colonial-era Penal Code as amended, with the Criminal Procedure Code governing process, prosecuted by the Director of Public Prosecutions. The death penalty has been abolished.
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