Land & Titles Court Deputy President Swearing-in illegal – Prime Minister

By Lagi Keresoma

APIA, SAMOA -18 DECEMBER 2021: The Government does not recognize the swearing-in of the Land & Titles Court Deputy President Faimalomatumua Mathew Lemisio along with the other two judges last Friday.

The former Electoral Commissioner was sworn-in with a new judge Taueva Lelevaga Mupo and Leaupepe Fatu Pula as Vice President in a ceremony attended only by the LTC judges and the new judges’ family members as the ceremony was boycotted by the court staff.

Led by the LTC President Fepuleai Atila, the actions have presented legal challenges for the Government.

According to the Minister of Justice, “Given the legal position outlined by the Attorney General, the conduct of the ‘swearing in’ which is against the law, raises serious doubts that those involved should continue to hold office where they see to act against the laws, so blatantly and deliberately responsible.”

The Minister Matamua Vasati Pulufana was not briefed of the appointment and the Komisi moved forward with the process and signed off the appointments.

Irregularity in the Electoral Act
Prime Minister Fiame clarified the lapses in the Land & Titles Court Act of provisions or guidelines to appoint or terminate a judge.

“What concerns the Minister of Justice the most is the lack of provisions in the Act to guide such appointments,” said Fiame.

She also confirmed that the Attorney General had advised the Head of State, the Minister and the LTC President that there are no legal provisions in the Act to make such an appointment.

These issues were identified by the Samoa Law Society (SLS) in their submission during the consultation of the Land & Titles Courts Bills late last year.

The new judges, Taueva Lelevaga Mupo, Vice President Leaupepe Fatu Pula and Deputy President Faimalomatumua Mathew Lemisio.

No Transitional provision
The Lands & Title Courts Bill was one of the three controversial Bills that were passed by Parliament ahead of the general election of April 2021.

The Bill which was later passed as an Act dissolved the previous Act which, according to Fiame, had all the necessary provisions regarding the appointment and termination of a President, Deputy President or judges of the Land and Title Court.

One of the issues raised by the Law Society in their submission is the transitional provision which is vital when an old Act is dissolved and a new one is endorsed.

“Anytime an Act is dissolved to be replaced by a new Act, there has to be a transitional provision,” said Fiame. There was no transitional provision in this case.

The same concern was raised by Fiame who was at the time the Deputy Prime Minister for the Human Rights Protection Party (HRPP).

The special parliamentary committee who conducted the consultation on the three Bills tabled their report but was not discussed or debated in Parliament.

Legal proceedings against Government pending
The LTC President had already filed legal proceedings against the Government regarding the Deputy President appointment.

The Attorney General Su’a Hellene Wallwork-Lamb and the counsel Leilani Tamati representing the LTC President met in Chambers with Senior Supreme Court Judge Vui Clarence Nelson last Friday morning.