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Termination of Lands & Titles Court President Unlawful

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President of the Land & Titles Court, Fepuleai Atila Ropati.
Former Lands and Titles Court President Fepuleai Atila Ropati.

By Lagi Keresoma/

Apia, SAMOA – 18 June 2024 – The termination of Fepuleai Atila Ropati as President of the Lands and Titles Court was inconsistent with the Constitution and therefore unlawful.

“The revocation of the Plaintiff’s appointment as President of the LTC and removal from judicial office pursuant to ss 67(6) of the LTA 2020 was inconsistent with the Constitution and offended the principles of judicial independence, and was therefore unlawful,” Justice Witten ruled.

$750,000 compensation
Because of the unlawful manner Fepuleai’s tenure as President ended, Justice Whitten said he (Fepuleai) is entitled to compensation.

“As a result, the Plaintiff (Fepulea’i) is entitled to compensation in the sum of WST$750,000,” he said.

Fepulea’i who was appointed President in 2016 challenged Prime Minister Fiame and Government and asked for a full payment of his tenure as President from the time he was terminated in October 2022 to 2036, the year he would have retired as President.

He asked for $135,000 per year for the 14 years remaining of his service as President.

During the trial, the Attorney General Su’a Helena Wallwork Lamb agreed that compensation should be paid but not to the amount Fepuleai was asking for.

CLICK for Full Decision: Ropati, Letufuga v Attorney General & anor – CP 103_22 – JUDGMENT

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