Parliamentary Committee Investigates Discrepancies in LTC Multiple Acts 

By Lagi Keresoma

APIA, SAMOA – 02 FEBRUARY 2022: Parliament has established a Special Committee to look into the Report of an internal investigation by the Legislative Office on the discrepancies in the Acts debated and passed by parliament and those given to be signed by the Head of State.

The Acts concerned relate to the Constitutional Amendment 2020 and the Land and Titles Act 2020 that were passed by parliament in December 2020.

The issue was first raised by the Attorney General who realized that the Acts signed by the Head of State were different from those passed in Parliament.

This prompted an internal investigation by the Legislative Office.

When the report of this investigation was tabled in Parliament on 18 January 2022, the Speaker told the House that copies of these legislations sold to the public are different from the copies on the Legislative Assembly website and are also different from the copies used by the Courts and the Attorney Generals Office.

In a ministerial statement in Parliament last night, Prime Minister Fiame Naomi Mataafa said this is a serious issue as it seems four different versions of these legislations are being used.

She raised the concern on the impact of the different versions of the Acts on the operation of the Land and Titles Court and the confusion it may cause the public.

Prime Minister Fiame Naomi Mataafa addressing Parliament.

In the Land and Titles Court Act 1981, there were specific procedures and requirements for the appointment of LTC Judges in terms of qualifications and skills for a person to qualify as a LTC Judge; as well as the terms of employment, salaries and benefits.

The LTC 1981 Act was replaced by the LTC Act 2020 passed by Parliament in December 2020 and does not include these requirements.

This has a direct bearing on the LTC judges who were appointed by the caretaker government before and after the April 2021 general elections and the recent swearing in of a Deputy President of the Land and Titles Court by the President.

Fiame warned that having no conditions for these appointments in law, threatens the independence and operations of the Land and Titles Court and there are also no mechanisms for the Executive to make appropriations for the Judges of the Land and Titles Court.

She pointed out that it is within the prerogative of Parliament that a solution must be sought in terms of any amendment to correct these faults.

She then moved a motion to set up a Special Parliamentary Committee to look into the discrepancies and report back to parliament in its next sitting.

The Committee
Chairperson – Auapaau Mulipola Aloitafua Mulipola – Deputy Speaker.

Deputy Chairperson – Loau Solamalemalo Keneti Sio.

Members: Vaele Paiaaua Iona Sekuini, Faleomavaega Titimaea Tafua, Laumatiamanu Ringo Purcell, Tu’u’u Anasi’i Leota and Alaisa Moefaauo Sepulona Moananu.

This is the first time, such has happened. Other than looking at the legal implications, the Committee is to make recommendations for a guideline for Parliament to deal with such issues if they occur again in the future.

Parliament has been adjourned after passing the Supplementary Budget 2021/2022 last night.

The Chair of the Special Parliamentary Committee, Deputy Speaker Auapaau Mulipola Aloitafua Mulipola and the Deputy Chair, Hon. Loau Keneti Sio, the former Minister of Education in the last HRPP Government.