Ministry of Justice implements 2025 Constitutional Amendments

Apia, Samoa – 13 May 2025 – The Ministry of Justice and Courts Administration has proceeded to implement the changes in the 2025 Constitutional Amendment that establishes the Land and Titles Court of Appeal.

The amendment passed by parliament in February with a 36-16 result that included the Speakers vote and it was challenged by the Opposition that sought to quash the amendment arguing that the Speaker was not entitled to cast his vote.

However, the Supreme Court ruled last Friday in favour of the amendment that the Speaker had the right to vote to express his constituency’s voice on a constitutional matter.

The 2025 Amendment also enabled the establishment of the Land and Titles Court of Appeal to handle about one hundred appeal cases that have been filed since 2021 when the Constitutional Amendment 2020 was passed and enacted.

However, these cases could not be heard as the Appeal Court could not be established due to deficiencies in the 2020 Amendment and needed the passing of the Constitutional Amendment 2025 that had been enacted on 7 April.

In a public notice, the Registrar and CEO of the Ministry of Justice, Papalii John Taimalelagi said that the Court if Appeal is now moving forward and the public will be advised on the schedule of cases to be heard.

He also advised that cases already filed seeking Judicial Reviews in matters pertaining to the Constitution, will be heard by the Supreme Court.

Papalii also acknowledged the public’s patience especially those who had been waiting a long time to hear their appeal cases, due to the length of time taken to finalize and had the 2025 Constitutional Amendment passed and enable the court system to have the overdue cases to be heard.

Meanwhile, the Leader of the Opposition has indicated that he is appealing the Supreme Court decision released last Friday quoting the adage “to err is human, to forgive divine.”