Tandai Water Management Corporation Limited is currently challenging the Ministry of Lands Housing & Survey (MLHS) in the High Court over the signing of a new Memorandum of Agreement (MOA) on 29 November 2023 to negotiate the Conditions for variation of the Lease which was already expired on 30th December 2020.
The MOA stipulates that the landowning tribes of Kongulai would receive an annual land rent of $850,000 from the national government through the Ministry of Lands, Housing and Survey. A statement issued after the signing said the annual rent would be paid into a single bank account to be designated by the landowners, starting with an initial payment of $3 million to cover the years 2021 to 2023, including part of 2023.
However, Heinz Horst Bodo Dettke, the Managing Director of Tandai Water Management Corporation Ltd, told trustees and beneficiaries during a meeting at Buadoko Recreation Pub on Saturday that a case is before the High Court to challenge the MOA.
Mr. Dettke explained that the company was established following a meeting with the trustees to represent the landowners in court. The meeting was called to inform landowners that the variation of lease agreement with the government was not valid because it contained the names of deceased trustees.
“The trustees who are alive claimed they did not sign the agreement. They have questioned its legitimacy because they have no knowledge of the variation of lease,” Dettke said.
Furthermore, Dettke used the meeting to update landowners on the establishment of the company, saying it was formed under the mandate of the trustees to challenge the agreement in the High Court.
He emphasized that discussions about benefits for landowners would only take place if the company succeeds in its court challenge.
The landowning tribes have endorsed the management company to continue to represent them in the High Court. It was confirmed that between 90 to 100 tribal members attended the meeting on Saturday.
The Kongulai water source is the main water supply for Honiara, providing 80% of the city’s water needs.
The remaining 20% is drawn from boreholes and other water sources around Honiara.