204 backlog cases as Parliament Passes Amendments to the Land & Titles Court Act

By Lagi Keresoma

APIA, SAMOA – 21 DECEMBER 2022: Only three Members of Parliament spoke on the amendments to the Lands & Titles Court Act 2020 before it was passed under urgency last night.

The Minister of Justice & Courts Administration, Matamua Vasati Pulufana told Parliament it was almost a year since proceedings of LTC matters had been put on hold and the urgent passing of the amendments would return these proceedings to normal in the New Year.

She confirmed that since the Court matters were put on hold, there are 204 cases in backlog that the Ministry hopes to deal with when the law comes into force.

She pointed out that the Head of State Tuimalealiifano Vaaletoa Sualauvi 11 had re-assented the correct copy of the LTC Act 2020 on 14 October 2022.

She said the re-assented LTC Act 2020 clearly identifies that:

• The Principal Act does not have a provision to appoint or remove LTC President, Deputy President, Assistant President and Judges. No provision for terms and conditions of appointments, and no provisions to identify salaries and privileges as stated under section 104 (e) and 104 (g) of the Constitution;
• No provision under the LTC Act 2020 for appointments done under the LTC Act 1981 to continue and this was also proven by the Supreme Court;
• There are also other provisions in the Principal Act that need to be amended and corrected for better clarification of the Act, and both the English and Samoan translations should corroborate each other.

Matamua said the amendments would be inserted into the Principal Act as section 5(a) as a provision for the appointments of LTC judges including the terms and conditions of appointments and suspension and removal of Judges.

She clarified that the Head of State appoints LTC Judges on the recommendations of the LTC Commission which is established under Section 104 (e) of the Constitution.

“But their duties are subject to the LTC Act which has the authority to set up policies and guidelines to guide their work,” said Matamua.

For the Deputy President, he/she can be a substitute and support the President in his duties including the interpretation of the Constitution and must hold a law degree.

“The needed qualifications for LTC Judges indicate the vital role of its administration on matters pertaining to Samoa’s tradition and culture regarding matai titles and customary lands,” said the Minister.

Appointments made under LTC Act 1981
Matamua pointed out that one important aspect of the amendments for section 5(a), is to safeguard the appointments made under the LTC Act 1981 with the exception of the President and Assessors.

“These appointments came into effect on 15 March 2021,” she said.

“For the smooth implementation of these amendments, 15 March 2021 will be noted as the date these amendments came into effect except for section 8. It is also the date the Principal Act came into effect but with the exception of section 43 and 44,” said Matamua

Section 63 of the Principal Act has also been amended to secure the continuation of LTC Judges salaries and privileges they were entitled to under the LTC Act 1981.

MP’s Remarks on the amendments
The Opposition Deputy leader, Lauofo Pierre Lauofo pointed out the provision where 2/3 of Parliament is needed in order for a Bill to be passed then spoke in length on the amendments.

Prime Minister Fiame Naomi Mataafa reminded Lauofo that the amendments he referred to were actually “corrections” – fa’asaoga – to the Principal Act as there were four different copies used that created confusion and discrepancies hence the need for the Head of State to de-assent and re-assent the Act.

MP for Faleata 4, Ale Vena Ale supported the amendment and asked for the Bill to be passed.

“If 2/3 is needed, bring it in. I am sure we have the 2/3 needed already,” he said.

Passing the amendments was the last business of Parliament last night before it went in to recess until January next year.