Court dismisses outgoing LTC President’s application for declaratory orders

By Lagi Keresoma

APIA, SAMOA – 01 NOVEMBER 2022: The Chief Justice, Satiu Simativa Perese has dismissed the application by the outgoing President of the Lands and Titles Court, Letufuga Fepuleai Atila Ropati for a declaratory order on Section 67 (6) of the Lands and Titles Act 2020.

His Honour ruled that he was satisfied that there is a serious issue to be tried; namely whether s.67 of the Land and Titles Court Act 2020 means the Applicant was summarily dismissed without cause as the President of the Court when the Act came into force, and if he was not, can he nevertheless be subsequently dismissed whilst he is carrying out his duties under the transitional provisions of the Act?

Letufuga’s argument through his lawyer Fuimaono Sefo Ainuu was that he is still the President of the Lands and Titles Court and that the Government has no authority to dismiss him as that prerogative falls on the 2/3 of Parliament.

He sought the Court’s clarification on this particular section of the LTA 2020.

However, the Attorney General, Su’a Helene Lamb argued that the Court had already dealt with this section in its 14 April 2022 decision in the case of Fepuleai against the Minister for Justice & Courts Administration, Matamua Vasati Pulufana and the Attorney General.

Su’a highlighted part of the April decision where the Court specifically pointed out that the President and LTC Judges appointments were all revoked when the new LTA 2020 came into effect in March 2022.

The only responsibility given to them was to deal with matters filed in Court prior to the commencement of the LTA 2020.

The Chief Justice wanted to know why the need for a new LTC President.

Su’a said this is a new Court system with new criteria for the appointment as the Land and Titles Court is separated from the Supreme Court in the LTA 2020.

She said it was now up to the Government to make the appointment of the Land and Titles Court President under the Constitution.

The Chief Justice ruled, “Having read the motion, affidavit of the Applicant and counsel’s memorandum filed in support and having heard from counsel, I am satisfied that an interim declaration is not reasonably  necessary to preserve the position, pending further order of the Court.”

For these reasons the application was dismissed. Costs are reserved.

The other application filed by Letufuga was for a judicial review and the Court informed him to file it and the Court will fix a date for an urgent hearing.

Meanwhile, the appointment of the new President of the Land and Titles Court, Lesatele Rapi Vaai takes effect as of 01 November 2022.

Click the link below for the full court decision.

CP102.22 Letufuga Attila M Ropati vs The Attorney General Sealed Decision dated 31.10.22