By Staff Writer
The ongoing land dispute in the villages of Afega and Leauva’a has spilled into a Letters to the Editors’ clash between the Minister of Justice and the leader of the Opposition.
Criticisms in a ‘Letter to the Editor’ by the HRPP Leader, Tuilaepa Sailele Malielegaoi, has dragged Justice Minister Matamua into the defence of the delays and added complications of the matter by a Supreme Court ruling.
The Minister circulated a ‘Letter to the Editor’ of her own in direct response to her outspoken political critic, reprinted in full below.
“ I write in response to a Letter to the Editor by the Leader of the HRPP titled “Afega-Leauvaa land dispute resolution”, published in your newspaper on Friday, 19 April 2024. I write to clarify on issues raised therein.
The new Land and Titles Court of Appeal and Review (LTCAR) is established and exists under the current provisions of the Constitution (Article 104C), following enactment of the Constitution Amendment Act 2020 (“CAA 2020”).
The jurisdiction and other matters related to this Court is provided for under the Constitution as well as the new Land and Titles Act 2020 (LTA 2020).
However, at present this Court is inoperable under the current constitutional and legislative provisions.
It cannot operate without the appointment of members, including the Chairperson, who must be a retired Judge of the Supreme Court or a retired President.
Whilst the Constitution provides that composition of the LTCAR can include any 3 members comprising (1) the Chairperson, (2) a Judge of the Supreme Court, (3) the President or (4) a Samoan Lawyer who is a matai and eligible to be a Judge of the Supreme Court; the functionality of the LTCAR pursuant to provisions of the LTA 2020 requires the appointment of a Chairperson as only he can deal with, preside over and grant applications for leave to appeal to the LTCAR.
Presently, there is no person who can be appointed as Chairperson, and Cabinet cannot therefore advise the Head of State to make such an appointment.
The current President of the Land and Titles Court, is eligible but cannot whilst holding the Office of President, be appointed as Chairperson.
Moreover, there are several and significant deficiencies, inadequacies and gaps in the current constitutional and legislative provisions, as drafted, following enactment of the CAA 2020 and the Land and Titles Act 2020 (LTA 2020) that hinder, not only the operation of the LTCAR, but affect the operation of the Courts and Judiciary.
One of these significant deficiencies and gaps, was the revocation of appointments of LTC Judges that were made under the repealed legislation.
This was addressed through the enactment of the Land and Titles Amendment Act 2022 in December 2022. Numerous other issues and gaps have been identified and the Government is working on preparing the necessary amendments to be tabled in Parliament, in order for these to be addressed.
In the meantime, the Courts and the Judiciary are working through and providing practical solutions to the current and ongoing cases before them, and this remains to be the case whilst and until the necessary constitutional and legislative amendments are made.
We will not and must not proceed on shaky foundations. Common sense, tofamamao and ‘fofo’ must be applied, but such must be applied within the confines of the law.
Matamua Seumanu Vasati Sili Pulufana : Minister of Justice and Courts Administration
Tuilaepa fired back at the Minister by circulating to the media this morning this‘ Letter to the Editor’….
“In a land dispute in Samoa, a Minister of State must never behave like an Ostrich!
The response from the Minister of Justice (MOJ) to my letter on the Afega-Leauvaa dispute reflects the lack of leadership and commitment to finding solutions, that has become the hallmark of the FAST administration.
The gravity of the Afega – Leauvaa matter seems lost on the MOJ.
By choosing to immerse herself in bureaucratic excuses for further inaction, the Minister has sent a clear message that the long standing customary issues that are important to the people of Samoa, which the LTA reforms were specifically designed to address, are not a priority.
The LTCAR and the LTA reforms were the result of years of careful consideration and consultation.
They are Samoan solutions to Samoan problems adopted by Samoan leaders who had seen their people suffer under a system that was not structured to resolve customary issues for generations.
MOJ can very easily convene a meeting of our Samoan legal and administrative experts to discuss the challenges that seem to have confounded her and her advisers.
The framework for a solution exists, the commitment to finding that solution is sadly missing.
Leaders will find pathways to solutions that ease the pain and hardships of their people.
Only fools fiddle while their people suffer.
The Ministry of Justice has failed miserably to give good advice to our Judiciary which has lost many important cases on Appeals due to their non-observance of the relevant provisions of the Constitution of Samoa.”taxa
Tuilaepa Sailele Malielegaoi
Leader of HRPP