Land & Titles Judicial Commission pushing the Deputy President’s appointment

By Lagi Keresoma

APIA, SAMOA – 07 DECEMBER 2021: The Land and Titles Court Judicial Service Commission (JSC) is pushing the Minister for Justice and Courts Administration, Matamua Vasati Pulufana to implement the appointment of the Courts Deputy President.

Talamua sources said the Commission wrote to the Minister today asking to let the newly appointed Deputy President, Faimalomatumua Mathew Lemisio take up his appointment.

The appointment was confirmed by the Senior Judge of the Supreme Court Vui Clarence Nelson to the media last Wednesday and Faimalomatumua resigned as the Electoral Commissioner on the same day.

The appointment came as a surprise not only to the public but also to the Prime Minister and Cabinet as Faimalomatumua had business to clear with the Electoral Commissions Office. These include a court case he sought a declaratory order on the 10 per cent of women MPs following the recent by-elections. However the case which was scheduled for hearing on Monday this week was withdrawn last Friday.

Speaking to Talamua today, the Minister of Justice said she informed the Ministry through a letter last Friday to cease the implementation of the appointment as there were issues that need to be addressed including the lack of a process for such an appointment under the new law passed by parliament last December.

“My letter arrived as the Ministry was making preparation to swear in Faimalomatumua on 17 December 2021,” said Matamua.

Judicial Service Commission Bill in process
Matamua said she is not aware if there is a law pertaining to the LTC Commission’s role in making appointments or terminating an appointment.

But it was not until the MJCA Chief Executive Officer, Moliei Simi Vaai informed the Minister that there is a draft Judicial Service Commission Bill in the process before tabling in Parliament.

“That Bill is specifically to the role of the Land and Titles Court Judicial Service Commission,” said the Minister.

However, it seems that the JSC has gone ahead and implemented the Bill before it is tabled in parliament. She said any fault in the law must be addressed to guide a process in regards to such appointments if this was overlooked by those who drafted the law,” said Matamua.

According to the CEO of the Ministry, Moliei Simi Vaai, Expressions of Interest were invited for the position of Deputy President and four people responded but only two were interviewed including the former Minister of Justice and Faimalomatumua who was selected.

Talamua understands the CEO left for New Zealand in the weekend on three months leave.

Meeting with the Ministry
The Minister today met with the heads of the Ministry’s various divisions and the issue of the Deputy President’s appointment was not raised.

“The meeting was on a different matter and I urged them to inform me of all events that happen within the Ministry as it’s not good to hear or know of things pertaining to the Ministry indirectly rather than being informed directly.”

According to Matamua, she is consulting legal advice and the matter will be before Cabinet in its meeting this week.