22 February 2022
Afioga Fepulea’i Letufuga Atilla M. Ropati
President of the Land and Titles Court
MULINUU
Land and Titles Court Proceedings
I refer to your correspondence dated 18 February 2022.
For your information. I have sought and received advice from the Attorney General, who is the Constitutional Law Officer responsible for the Head of State, the Government with legal advice and representation.
To also be clear, the Legislative Assembly has appointed a Parliamentary Committee to inquire into apparent discrepancies in the legislative proves which may well impact upon the legitimacy of the ‘ three bills’ concerned which purported to provide the framework for the Land and Titles Court.
In those circumstances, there is no reasonable, or indeed any basis to reconsider mu earlier decision.
I would however like to clarify one point: I did not give any direction in relation to the operation of the Land and Titles Court and there is no intention for the Executive to encroach on the work of the Judiciary.
My letter of 15th February 2022, simply put, my request for the Court to consider postponing of the start date for all the hearings that were scheduled to start on 21st February, for the reasons set out in my letter.
Those reasons raise serious concerns that potentially affects the integrity of Court proceedings if the appointment of all judges (including the President) of the Land and Titles Court have been revoked by the section 67(b) of the Land and Titles Act 2020.
I note from the Registrar’s letter to me on 17th February, 2022, that you had raised concerns with the Judges and you all agreed to accept my request. I believe that is the most sensible thing to do at this stage, and thank you for your direction to the Registrar to postpone the court proceeding.
May we rely on God to make wise decisions for our people.
Yours sincerely,
Honourable Matamua Seumanu Vasati Sili Pulufana.
Thursday 24 February 2022
Tofa Hon. Matamua Seumanu Vasati Pulufana
Minister of Justice and Courts Administration
FMFM II Building
Matagialalua
Afioaga e,
Re: LAND AND TITLES COURT PROCEEDINGS
I thank you for your letter dated 22nd February 2022 providing clarification on your stance in relation to the above matter, particularly your explicit assurance that ‘you Honourable Minister did not give any direction in relation to the operation of the LTC and there is no intention for the Executive to encroach on the work of the Judiciary.’
I am grateful that this is the stance you have kindly taken with respect to this matter, as I need not remind you Honourable Minister of the significance and vital importance of the separation of the Judicial arm of Government and overarching binding obligations of the other arms not to intrude. The Court staff must be able to serve without fear nor favour when it comes to support the Court in the administration of Justice, just as we, the Judges, are required to swear on oath to do upon taking our posts.
You will appreciate from my letter of 18 February 2022 that this is the rationale why I directed the Acting Registrar to adjourn cases scheduled for February and March 2022 ‘without any proper alternatives nor recourse’ dreading that you Honourable Minister will stop staff support since we Judges cannot do much without them. Now with your clear clarification and assurance of no intervention from you Honourable Minister or the Executive, the LTC can go ahead with cases scheduled for March 2022.
Whilst I understand your concern regarding any differences in copies of the LTA 2020 a matter currently being considered by the Parliamentary COI, this in no way diminishes the legality and authority of the LTA 2020 as an Act of Parliament, nor the compelling duty of the LTC, Judges and staff to implement LTA 2020.
Respectfully, whatever differences there are in the copies of the LTA 2020, the ‘true’ act is the Bill passed by the House according to Standing Orders 113(5) subject to Standing Orders 111. This does not impact the purposes of the Act itself, nor does it affect continuation of the work of the LTC. As each, there is no legal authority to restrict the LTC work to await the outcome of the COI’s consideration. The only plausible approach is for the COI to urgently consider the matter, and Parliament to pass any amending legislation that will significantly affect the existing provisions of the LTA 2020 and CAA 2020. Otherwise, the LTC is bound to implement the LTA 2020 and CAA 2020 as they currently stand.
In light of the matters discussed, especially in appreciation of your clarification, the LTC will schedule cases for March 2022 onwards. All in all, while we delay progression of cases before the Court because of the differences in agendas and opinions, the people suffering are those with urgent matters before the Court.
That is justice delayed and denied which currently has no reasonable justification.
Tau in agalelei le Atua i tiute feagai ai ma lau Afioga.
Faia male fa’aaloalo
Fepulea’i Letufuga Atilla M. Ropati
President of the Land Titles Court.