By Ofani Eremae
In a landmark ruling, the High Court has declared that the National Hosting Authority (NHA) acted unlawfully and without legal authority in spending public funds for the 2023 Pacific Games held in Honiara.
While the two-week spectacle was hailed as the best and largest event in South Pacific history, a paper trail uncovered by the Office of the Auditor General (OAG) and contracted auditors KPMG Fiji has revealed a starkly different reality.
Justice Augustine Aulanga’s decision shatters the government’s defense of its sports spending, ruling that the NHA bypassed mandatory legal checks and balances.
NHA was the authority established to manage the hosting of the Pacific Games. It was chaired by Dr Jimmie Rodgers, who also served as Secretary to Prime Minister Manasseh Sogavare at that time. Christian Nieng was NHA’s Executive Director. Other members are former Attorney General John Muria Jr and President of NOCSI Martin Rara.
The legal battle began late last year when Auditor General David Teika Dennis sought judicial intervention following a fierce dispute with the NHA over which laws governed the Sports Solomons Fund.
While the NHA claimed its spending was shielded by the Pacific Games Act and parliamentary budget allocations via the Office of the Prime Minister and Cabinet (OPMC), Dennis insisted that all public funds must adhere strictly to the Public Financial Management Act 2013 (PFMA).
Justice Aulanga sided decisively with the Auditor General, exposing widespread procedural breaches.
Key High Court Rulings:
Unlawful Spending: While 2019–2024 budget allocations were validly appropriated by Parliament, the actual disbursement from the Sports Solomons Fund violated sections 25, 57, and 60 of the PFMA.
No Legal Authority: The NHA’s Accountable Officer lacked the legal authority to spend funds from the Sports Solomons Fund, including money drawn under four separate Advance Warrants.
Blanket Waivers Struck Down: The NHA’s “Modification Policy” (Resolution NHA 03-23-01)—which attempted to grant a blanket waiver of competitive tendering—was ruled beyond the authority of the NHA, rendering the policy null and void. Consequently, all procurement executed under this waiver was declared completely without lawful authority.
Mandatory Cooperation: The court ordered the NHA and its members to cooperate fully with the OAG as the audit is finalized.
Auditor General Dennis welcomed the ruling, highlighting that it sets a vital precedent for all special funds across government ministries and agencies.
“The Court ruling makes it clear that Special Funds as public money… must comply with the Public Financial Management Act,” Dennis stated, emphasizing that all accountable officers must hold valid warrants to incur expenditure.
With the legal obstacles cleared, the High Court has ordered the Auditor General to finalize and present the complete Pacific Games 2023 Audit Report to Parliament through the Speaker.
This morning, Dennis released the audit report, describing its finding as “serious”.
