Ministry Finalizes Amendment Bill to Unify Judiciary Structure

By Lagi Keresoma/

Apia, Samoa – 26 July 2024 – Returning Samoa’s Judiciary to its unified structure is a priority the Ministry of Justice and Courts Administration (MJCA) is working on.

The Ministry is finalising consultations on the Constitution Amendment Bill 2024 and the Lands and Titles Court Bill 2020 to address the anomalies and discrepancies that emerged and the amendments are expected to be tabled in Parliament soon.

The public consultation started last year especially on issues raised in Court under the implementation of the LTA 2020 and concerns raised by the Samoa Law Society (SLS) about the independence of the judiciary.

Speaking to the media after the consultation early this week, MJCA Chief Executive Officer, Papalii John Taimalelagi confirmed the changes they wish to make to the Constitution Act 2020 and the Lands and Titles Court Act 2020.

He said Cabinet has already endorsed issues that needed to be reviewed hence the consultations.

“The main amendments to the Constitution, is to return the Samoan court system to one court and reconnect it with the Supreme Court,” said Papalii

“O le teuteuga autū a ia o le Faavae; taumafai e toe tu’ufaatasi le Fa’amasinoga Samoa (LTC) ma ia toe iai se feso’otaiga o le F’amaasinoga o fanua ma Suafa ma le Fa’amasinoga Maualuga.”

Currently, under the Constitution Act 2020, there are two Courts, the Supreme Court and LTC and both are independent from each other.

However, the Court have noted issues and problems that have surfaced during court hearings since the implementation of the LTA 2020 hence the expected amendments.

“O le a toe fo’i lava i le tulaga sa iai le Fa’amasinoga i lona fa’atulagana sa iai, e tasi le Fa’amasinoga, tasi lona Fa’auluuluga ma ua toe iai le so’otaga o Fa’amasinoga o Fanua ma Suafa ma le Fa’amasinoga Maualuga,”said Papalii.

“Currently, there is no protection (fa’amalumauga) of the Supreme Court over LTC but the amendment will again provide such protection of the Supreme Court over LTC,” he said.

The current Act does not have a provision for a judiciary review or matters of human rights to be heard in the Supreme Court, but to the LTC Tier 3 or 2, but that will change when the amendments are passed.

“The Constitution is very clear, only one court interprets and decides on matters pertaining to the Constitution and that is the Supreme Court, so now, we are back to the old unified structure and to have one higher court where all matters are dealt with and that is the Court of Appeal,” said Papalii.

Appointment of Family Matai Sa’o
Choosing of a family chief or matai Sa’o was a new concept incorporated into the LTC Act 2020.

“It was not in the old Act,” said Papalii.

In last year’s consultation, the majority wanted to remove this provision from the Act but to leave it to families and descendants to choose their own matai Sa’o

“O le tulaga lea e taoto ai le Tulafono, ua fa’atulafonoina le filifiliga o matai Sa’o ae o lea ua finagalo le atunu’u e aveese lea vaega o le Tulafono,” said Papalii.

“So we have removed this provision as part of the amendments but this will not affect matai Sa’o already appointed under the current Act,” he said.

Contempt of court
The amendments will also pay strict observation of the Land and Titles court orders. Papalii confirmed that some orders such as removing buildings, graves and orders against the use of titles have not been strictly observed in the past.

But this will be strengthened with proposed monetary fines of $10,000 tala or imprisonment for those who breach the Land and Titles court orders.

Authority to hear Salutation – fa’alupega matters
Papalii also clarified the issue of the authority over hearing of fa’alupega matters brought to LTC.

“It is not clear if it is under the jurisdiction of LTC to hear such matters, but the fact is, LTC is hearing and is making decisions on fa’alupega,” said Papalii.

“O le tulaga lena lea e tau fa’aofi mai ai se vaega o le Tulafono ina ia iai se puleaga a le Fa’amasinoga o Fanua o Suafa e tagofia ai lea mataupu; e le gata i le faia o fa’aiuga, ae iai se tulaga aloaia e le Komiti ole Faleula o lo’o gafa ma fa’alupega i le taimi nei, ma aloaia le fa’aiuga a le Fa’amasinoga,” he said

He said it is important to consult the country and if any disagreement issues arise, there’s the Constitution Act to deal with it.

He believes it’s important to identify the exact jurisdiction where the authority to hear fa’alupega matters falls.

Banishments, removal of matai titles & boundaries
Papalii said village banishment decisions, removal of matai titles and land boundaries are common issues with the Land and Titles Court.

He said all these matters can be challenged in Court.