Former LTC President’s Dismissal Lawful, says Attorney General

By Lagi Keresoma/

Apia, SAMOA – 29 May 2024 – The dismissal of former Lands and Titles Court (LTC) President, Fepulea’i Atila Ropati was lawful and within the legal framework of the law.

This was the Attorney General, Su’a Helena Lamb’s response to Fepuleai’s lawyer Fuimaono Sefo Ainu’u’s claim that his client was unlawfully terminated by a legislation created for the purpose of removing him from office.

Fuimaono argued that the legislation which has the provision to terminate his client, was passed in December 2022, but his client was removed in October 2022.

He emphasised the timing of the termination and the time the legislation was passed in Parliament was the essence of his argument.

He said Prime Minister Fiame Naomi Mataafa’s letter to Fepuleai on 28 October 2022 informed him that his tenure as President ends on 31 October 2022, a month before the legislation was passed.

He also noted a threat posed by the power of Cabinet over the independence of the Judiciary and that they can terminate any member of the Judiciary anytime as in the case of his client.

Presiding Justice Michael Whitten then referred to the April 2022 decision on the President of LTC vs Attorney General Case to draw reference to the case.

Background
Fepuleai sought a declaratory relief from the court to resume LTC work which was put on hold by Cabinet until a transition from the old LTC Act 1981 to LTC Act 2020 was completed.

In April 2022, the Court granted the declaratory relief to resume work but only on matters brought to LTC under the 1981 Act.

Justice Whitten noted that the decision did not give a certain time on how long LTC work should resume and that neither of the parties appealed the decision.

He also noted that the Prime Minister’s letter informing Fepuleai of the decision is contrary to the court’s decision that allows the President and judges of LTC to continue work.

The Attorney General, Su’a Helena Lamb and counsel Fuimaono Sefo Ainu’u.

Su’a explained that Fepuleai was terminated after the Head of State signed the re-ascended Act 2022 and there was a need to appoint a President to continue the LTC workload because Fepuleai’s appointment under the 1981 Act was no longer valid.

The Attorney General said the Prime Minister has the authority to appoint a president but not Judges and in the case of appointing the current President Lesatele Rapi Vaai, that was done under the new LTC Amended Act 2022.

During the proceedings, Justice Whitten pointed out that the termination of Fepuleai was a Parliament decision and both counsels agreed.

Compensation should be awarded
Fepuleai’s contract was cut short by the Prime Minister’s letter of 28 October 2022 and he believes he is entitled to his full salary.

He was appointed President in 2016 at the age of 48 and in accordance with the Judiciary system, the retirement age for all judges including President is 68.`

Fuimaono noted three aspects that no longer qualifies a Judge to serve and that include health issues, performance and retirement.

For Fepuleai, if he was to continue as President, will retire in 2036, but his termination leaves 14 years of his service unserved and he is seeking a payment of his full salary of $135,000 per year for 14 years.

Fuimaono cited the case of Fijian Solicitor General Sharvada  Nand Sharma who was terminated on allegations of abuse of office and had his salary held.

He was later reinstated and compensated for damages but Justice Whitten said Sharmas case was based on allegations while Fepuleai was on the restructuring of the judiciary system.

Justice Whitten pointed out that a lot of money is involved in the case and he continued to question the grounds for the damages claim which also included the applicants claim for annual and sick leave and also phone allowance.

However, Fuimaono clarified that his client was seeking full salary only.

Su’a agreed that Fepuleai should be compensated or awarded but could not give a certain amount.

The decision is reserved.