Road called public under challenge

March 26, 2026 12:09 am | Posted in Business News | Share now TwitterFacebook

By Terence Malapa.

The Supreme Court has ruled that two constitutional applications challenging the Government’s declaration of a road in the Pango area as public can proceed to full hearing.

In his decision, Chief Justice Vincent Lunabek confirmed that both applicants—The Proprietors of Strata Plan No. 0001 and Breakas Beach Estate Limited—had established sufficient constitutional grounds to bring their claims against the Republic of Vanuatu.

The cases centred on a declaration made by the Minister of Infrastructure and Public Utilities under the Public Roads Order No. 156 of 2019, which classified certain roads in urban Efate, including “PVR 166 (Pango area),” as public roads.

According to court documents, Breakas Beach Estate Limited (BBEL) constructed sections of the road in the mid-2000s at significant cost—estimated at over VT12 million for one section and VT20 million for another—while developing land subdivisions in the area.

The Proprietors of Strata Plan No. 0001, linked to BBEL, also claimed rights over part of the road network, including easements built to serve strata lot owners.

Both applicants argued that the Government’s declaration effectively took control of privately developed roads without notice or compensation, breaching their constitutional rights.

They relied on Article 5(1)(j) of the Constitution, which protects against unjust deprivation of property, as well as provisions guaranteeing natural justice and procedural fairness.

Counsel for the applicants, Mark Hurley, submitted that unlike the Land Acquisition Act—which provides for notice, objections, and compensation—the Public Roads Act lacks safeguards.

He argued that common law principles, reinforced by the Court of Appeal decision in Kuatpen v Lal [2025] VUCA 18, require fairness even where legislation is silent.

Chief Justice Lunabek agreed that the applications raised legitimate constitutional issues, particularly concerning lack of notice and absence of compensation.

“The Applicants in both cases made out a case under the Constitution,” the Court found, allowing the matters to proceed.

The Court ordered that both cases be heard together, with evidence shared across proceedings.

A timetable has been set for further filings, with the Government required to submit its defence by March 25, which is yesterday.

A pre-trial conference is scheduled for April 14 in Port Vila.