Committee investigates how an Act signed into law was different from that passed by Parliament

By Lagi Keresoma

APIA, SAMOA – 19 DECEMBER 2021: A Special Committee appointed by Cabinet has launched an investigation into how the Head of State signed a certain Bill into law that was different from the version passed by Parliament.

Prime Minister Fiame Naomi Mataafa confirmed the investigation saying research by the Attorney General has found that the Acts passed by Parliament 15 December 2020 and signed by the Head of State into law were a different version of the Act that was discussed and passed by Parliament.

“The realization that such could happen has raised concern and many questions such as how it happened and who were involved,” said Fiame.

This is the starting point of the Attorney Generals’ investigation into the process of these laws moving from the Parliament floor to the Head of State for signing.

“It is a serious matter as it concerns one of Samoa’s important courts, the Land and Titles Court,” said Fiame.

The Attorney General Su’a Hellene Lamb.

The Prime Minister said the Land and Titles Act as a whole, and the specific sections on the appointment of LTC judges, would have an impact on the current stand-off between the Minister of Justice and a Judicial Service Committee (Komisi) regarding the appointment of judges including the Deputy President of LTC who was sworn in last Friday.

Initially, records of the Attorney General’s office show there are differences between the versions of the Bills presented and passed by Parliament and the versions handed to the Head of State that were signed into law.

The specific section on the qualifications and process for the appointment of the Deputy President of the Land and Titles Court that was in the original Amendment Bill, seem to be missing from the Act that was signed into law.

According to Prime Minister Fiame, the only solution is through the legal system as the foundation of the Government’s work is based on the law.

The Special Committee investigating the matter includes the Attorney General who has requested technical assistance for the investigation.

The public reaction evident on the social media after the Prime Minister’s disclosure was a call for legal action against those involved.

In his final address before the dissolution of the last parliament in March this year, long serving HRPP Prime Minister Tuilaepa Sailele Malielegaoi said that some four hundred legislations were passed by Parliament in the last five year term.