Imprudent to Recommence Land & Titles Matters – Minister tells President

By Lagi Keresoma

APIA, SAMOA – 07 MARCH 2022: The Minister of Justice & Courts Administration (MJCA) has informed the President of the Land & Titles Court (LTC) that it would be irresponsible to recommence the LTC matters as they all await the outcome of the investigation by the Special Parliamentary Committee.

All matters before the Land and Titles Court were suspended two weeks ago while the Parliamentary Committee investigates the discrepancies in the LTC Act 2020 that has at least three different copies being used.

The Act passed in December 2020 also has a bearing on the recent appointment of the LTC judges which are not being recognized by the government due to the circumstances surrounding the discrepancies in the Act.

“The purpose of the Parliamentary Committee enquiry is to find out which is the more correct and legitimate version of the three LTC Acts 2020,” said the Justice Minister Matamua Vasati Pulufana.

“And given this uncertainty, I consider it would be imprudent and irresponsible  to hold any sittings of the LTC pending the outcome of that enquiry, particularly as the three versions are marked differently,” said Matamua.

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

On 24 February 2022, LTC President, Fepuleai Atila Ropati wrote to the Minister advising her that all LTC matters will resume at the end of this month.

In that letter, he highlighted the Minister’s words in her previous letter “I did not give any direction in relation to the operation of the LTC and there is no intention of the Executive to encroach on the work of the Judiciary.”
Fepuleai took it as an admission by the Minister of the separation of powers of the Executive, Parliament and the Judiciary and one does not overlap the work of the other.

“Now with your clear assurance of no intervention from your Honourable Minister or the Executive, the LTC can go ahead with cases scheduled for March 2022,” said Fepuleai.

He also said the Parliamentary Committee’s investigation will not diminish the legality and authority of the LTC Act 2020 as an Act of Parliament nor the compelling duty of the LTC Judges and staff to implement the LTC Act 2020, and there is no legal authority to restrict LTC work to await the outcome of the special committee findings.

The Minister responded through a letter dated 28 February 2022.

“The empowerment of the LTC as well as the standing of its Judges, are all in doubt because of the existence  of three different versions of the LTC Act 2020 which appear to have been  assented to and signed by the Head of State,” said the Minister.

Matamua said only the Parliamentary Committee’s enquiry could bring a remedy to this uncertainty as only Parliament can inquire into its own proceedings, and has the capacity to enact enabling or remedial legislation by its own motion.

She informed Fepuleai that to avoid any doubt and to be absolutely clear, she will continue to give effect to his previous advice of 18 February to hold off all LTC proceedings for two months (February & March) until the Parliamentary Committee’s had done their investigation.

The Committee is expected to table its report in this month’s meeting of Parliament.