By Staff Writer
The Land and Titles Court (LTC) proceedings on Monday 21 February 2022 to officially start off the year are unlikely to happen until Cabinet gives the go ahead.
Justice Minister Matamua Mrs. Vasati Pulufana, wants all LTC court proceedings to cease, while issues of conflict on the new amendment to the Constitution and the Lands and Titles Court Acts of 2020 are being resolved.
The acting CEO/Registrar of the Ministry of Justice was officially informed of the Minister’s wish in a letter this week seen by Newsline Samoa.
The mentioned conflicts are under a Parliament Special Committee inquiry underway already, mainly over the wrong documents the Head of State signed to officially declare the new amendments law.
The duration of the inquiry is unclear but the Minister would prefer to wait for the findings and recommendations when the Committee reports back to Parliament.
The Minister is also unsure of the ‘authority and actions’ taken by the President, Vice President and judges since the new Land and Titles 2020 Act came into force on the 15 Match 2021.
Her attention is on the appointment of the court officials made under the Land and Titles Act 1981 but revoked by the new amended Land and Titles Act 2020.
Another concern is the lack of regulations “…made to fully and effectively implement the new Act” as in “..no prescribed form and fees for appeals.”
She takes issue as well to a notice the former Minister of Justice signed “..purported to nominate 1st January 2022 as the commencement date” for two sections of the new Act.
There has been no indication from the Minister of how long the LTC work will be held up except until all the issues are resolved and Cabinet “…provide clear directions for a way forward.”
This is the second time the Land and Titles Court has ended up on the disagreeable side of the Minister of Justice since it became an independent body of the Judiciary under the new 2020 Act.
The first was last year when the Minister made an unsuccessful attempt to stop the swearing in of the former Electoral Commissioner, Faimalomatumua Mathew Lemisio as new Vice President.
The Minister raised similar complaints under the new amended Act as she is doing now to bring the court proceeding to a halt.
There has been no official response so far from the LTC President to the written letter by the Minister.
As an independent Judiciary body, the question is whether they will defy the Minister for a second time and go ahead with court proceedings as scheduled?