I have followed the recent media interview of the CEO for the Ministry of Justice and other views expressed about the jurisdictions of the Supreme Court and the Land and Titles Court LTC in the Afega and Leauvaa customary land dispute.
The simple solution lies in the use of common sense.
The “fofo” is in the “tofā mamao and the faautautaga tatau” of the Honourable Prime Minister, the Chief Justice and the LTC President.
It is disconcerting that the public is being misled about provisions in the Land and Titles Court legislations obstructing the setting up of the Land and Titles Appeal and Review (LTCAR), and that no retired Supreme Court Judge can be appointed as the Chairperson of the LTCAR.
However, the Constitution provides that in the absence of a LTCAR Chairperson, a Supreme Court Judge appointed by the Head of State on the advice of the Chief Justice to the LTCAR, can serve as the Chairperson of the LTCAR. And we have Justice Vui Clarence Nelson, Justice Niava Mata Tuatagaloa, Justice Leiataua Daryl Clarke and Justice Fepuleai Ameperosa Roma.
Even the Chief Justice, as a Judge of the Supreme Court can also be the LTCAR Chairperson, if he so wishes.
The LTCAR Chairperson is appointed by the Head of State on the advice of Cabinet.
Separate from a Supreme Court, the other LTCAR member can be the President, or retired Deputy President or Vice President appointed by the Head of State on the advice of the President.
Another member can be a senior lawyer appointed also by the Head of State on the advice of the President.
Thus, the simple “fofo” is in the hands of the Honorable Prime Minister, the Chief Justice and the President to make the required appointments to the LTCAR, to deal with matters already lodged in the LTCAR, without resorting to the Supreme Court as with the Afega and Leauvaa matter.
And the most sensible and reasonable way to apply the “fofo” is for Justice Lesatele Rapi Vaai, as a retired Supreme Court Judge, to be appointed as LTCAR Chairperson, and for the removed President to resume his duties.
Over the centuries, Samoa has learned that the reasonable application of the “tofā mamao” and “faautautaga tatau” by our leaders is the simple “fofo” to resolving complex matters. That is both the beauty and strength of the Fa’a Samoa.
Tuilaepa Sailele Malielegaoi
Leader of HRPP