LTC Judiciary Appointments Should Have Been Revoked Last Year

By Lagi Keresoma

APIA, SAMOA – 23 FEBRUARY 2022: The appointment of Judges in the Land & Titles Court (LTC) should have been revoked on 15 March 2021 when the LTC Act 2020 was activated.

However this was not done and we have the current situation where all LTC Judges and its President are still active in their roles.

The Minister for Justice & Courts Administration, Matamua Seumanu Vasati Pulufana emphasized the revocation of these appointments in her letter dated 15 February 2020 to Ministry’s Acting Chief Executive Officer, Aumua Ronnie.

“It has been brought to my attention that the appointment of the President, Vice President and Judges of the LTC, who were all appointed under the LTC Act 1981, were all revoked on 15 March 2021 when the LTC Act 2020 was enforced,” she wrote.

It followed on in her view then that “all actions which have been exercised by the President, Vice President and all judges of the LTC since 15 March 2021 will adversely impact the validity of all authorities and actions done by the LTC judiciary bench.”

When asked if the Government will revoke all LTC judge appointments, she said no decision has been made as everything relies on the Special Parliamentary Committee now investigating the matter and is to report back to parliament.

The Minister clarified that the LTC Act 1981 had provisions which guided the appointments of the LTC President and judges, however, those provisions were not transferred to the LTC Act 2020.

The LTC Act 1981 was repealed when the LTC Act 2020 was endorsed by the Head of State.

She also referred an issue with the notice signed by the former MJCA Minister which  suggests 1 January 2022 as the commencement date for section 43 (Grounds for Special Leave)  and section 44 (Application for Special Leave and Responses) of the LTC Act 2020.

“I am also aware of the difficulties  which the LTC is facing  to implement the LTC Act 2020 in its current form, since no regulations  have been made to fully  and effectively implement the  LTC Act 2020/ (eg: no prescribed  forms  and fees for appeals),” she said.

Taking into consideration all these factors, the Minister requested that all LTC court matters be withheld until the Special Parliamentary Committee has concluded their investigation and report back to Parliament.

The request prompted a response from the LTC President, Fepulea’i Atila Rppati in a letter dated 18 February 2022 voicing his disagreement with the request.

President of the Land and Titles Court , Fepulea’i Atila Ropati.

Cabinet intruding on separation of powers
Fepulea’i said Cabinet was intruding on the separation of powers guaranteed under the Constitution which protects the judiciary arm of government, and there is no due process to justify the alleged revoking of his appointment or other judges.

“For your information, during the preparation of the reform, it was never the intention of the LTC Act 2020 to revoke my appointment as President and other judges,” said Fepulea’i.

“The revocation of a person’s appointments or employment is required by natural justice,” he argued.

He noted his concern with the approach taken by the Minister which he believed to be “misguided legal advice.”

Although he disagreed with holding off LTC matters, he agreed to do so for two months, but said it would be unlikely for the Special Committee to report to Parliament sooner and asked the Minister to reconsider her stance.

But in her response letter dated 22 February 2022, the Minister pointed out that “given the current circumstances, there is no basis to reconsider her earlier decision.”

Matamua also clarified that she never mentioned any direct issue pertaining to the operation of the LTC and no intention of the Executive to encroaching on the work of the Judiciary.