By Staff Writer
The Samoa Law Society, SLS, has taken its fight against new Constitutional bills in the Lands and Titles Court to as far as they can go.
The Society made that clear after a final presentation in protest of the bills to the Parliament Select Committee on Wednesday 30 September 2020.
The controversial Constitutional Amendment Bill 2020, Lands and Titles Bill 2020 and the Judicature Bill 2020 are currently under review by the Select Committee.
“Our duty is to keep the public aware and informed of legislations and their impacts on the people of Samoa,” Society president Leiataualesa Komisi Korea, expressed to the local media afterwards.
“Our commitment ended with our presentations to the Select Committee”
Leiataualesa went over the five main issues the society raised in their presentation with the loss of individual human rights and Judiciary independence among the main worries.
The presentation to the Select Committee is the second for the Society after the first in early May 2020.
“We maintained there are serious concerns with the contents of the bills …as far as the Law Society is concerned, our work in presenting these concerns has come to an end today with the final appearance before the Select Committee of Parliament.”
Leiataualesa felt, however, that there is still room for the public to make their opinions heard between now and the third reading of the bills next month in November.
He called on Samoans everywhere, including those outside the country to make their views against the bills known to their respective Members of Parliament.
Public opinion is encouraged so “ that your voice can be heard in the Parliamentary process before these bills are passed into law,” Leiataualesa public urged.
Former Attorney General and chairperson of the Society appointed Review Committee, Taulapapa Brenda Heather-Latu, added to the concerns raised with the Select Committee.
“ In the 44 years of the Society it has never taken steps before like it has with these three bills and its because it is worried they undermined the fundamental fabric of justice in this country,” Taulapapa emphasised.
“These bills steal the authority and discretion of every Samoan to decide what is culture ‘aganu’u’ …and take away that power of the] ali’i and faipule [chiefs and orators] and each one of us and give it to the new Lands and Titles Court.”
Taulapapa argued that the constitutional amendment says the Lands and Titles Court is the supreme authority on customs and usage.
Her major concern is the new powers of the Lands and Titles Court… “takes away the authority from the people that live and breath custom and authority ….and that is just one of the concerns the society has.”
“ We believe the customs and traditions belong to the people who are living it. “The other aspect is that it completely dismantles the justice system we have now.”
There has been a hint of more issues to follow if the passage of the controversial bills is allowed to amend the Constitution.
Taulapapa would rather that the bills be withdrawn and re-looked at again but if they do go thorough then the Law Society may have to look at it.
