By Staff Mataeliga Pio Sioa
The Minister of Justice Matamua Ms. Vasati Pulufana has crossed into the independence of the Judiciary to prevent the appointment of a new deputy President of the Lands and Titles Court from going ahead.
The Judicial Services Commission, JSC, recently appointed the Electoral Commissioner Faimalomatumua Mathew Lemisio who has since officially resigned effective this week.
Justice Minister Matamua has, however, written to the Register of the Lands and Titles Court to stop the appointment under a provision of the Lands and Titles Court.
“ I am unable to find any actual ‘appointment’ provisions in the Lands and Titles Act 2020 which specifically provides for the appointment, removal or suspension of the Deputy Vice President, Vice President or any judge of the Lands and Titles Court,” wrote the Minister in a letter that was leaked and circulated widely online.
Matamua has copied the Attorney General with the letter to confirm her legal view and also instructed the Registrar of the Lands and Titles court to stop everything.
“I would direct that no further preparations be made for the appointment or commencement of the supposed ‘Deputy President’ …..”
The President of the Lands and Titles Court, Fepulea’i Attila Ropati, chaired the JSC appointment panel made up of Justice Leilani Warren and lady Chairman of the Public Service Commission Vaosa Epa.
Newsline Samoa understands that the JSC has already responded with a signed letter to the issue raised by the Minister of Justice.
The direct intervention of a state minister in matters that questions or interferes with the independence of the Judiciary is highly unusual.
Judiciary appointments are matters for the JSC to make except for the office of the Chief Justice or President of the Lands and Titles Court, which are confirmed in Parliament.
The targeting of the Electoral Commissioner’s appointment continues an angry lash out campaign against Faimalomatumua, led by the Chairman of the Party and Minister of Agriculture, La’auli Leuatea Schmidt.
The FAST Government’s vindictive drive continues a bitter fallout from the additional seats for women in Parliament interpreted by the Commissioner and supported by a court ruling.
Whether the Justice Minister’s letter will overrule the appointment by the JSC and what looms as encroachment into the Judiciary independence is expected to continue the acrimonious fallout.