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Author: Raj Keresoma
Apia, Samoa – July 26, 2024 – Restoring a unified structure to the Samoan judicial system is a priority for the Ministry of Justice and Courts Administration (MJCA).
The ministry is in the final stages of consultation on the Constitution Amendment Bill 2024 and the Land and Titles Court Bill 2020 to address the anomalies and discrepancies that have arisen, and the amendment bill is expected to be tabled in Parliament soon.
The public consultation began last year in response to issues raised in court during the implementation of the 2020 Land Agreement and concerns raised by the Samoa Law Society (SLS) about judicial independence.
Speaking to the media following consultations earlier this week, MJCA Chief Executive Officer Papalii John Taimalelagi confirmed the changes they want to make to the 2020 Constitution and the Land and Titles Tribunal Bill 2020.
He said the Cabinet had approved the issues that needed to be reviewed, hence the consultations.
“The main amendment to the constitution is to restore the Samoan judicial system as one court and reconnect it to the Supreme Court,” Papali said.
“His main amendments were to the Constitution; attempting to reunite the Samoan Courts (LTC) and create a link between land registration and title and the High Court.”
Currently, under the Constitution 2020, India has two courts, the Supreme Court and the LTC, both independent of each other.
However, the court took note of issues that have arisen during court hearings since the implementation of the Land Transport Act 2020 and therefore made the expected changes.
“It will go back to the original structure of the court, which was one court, one president, and there would be a relationship again between the Land and Titles Court and the Supreme Court.”Papali said.
“Currently, there are no protections (Humiliating), but this amendment will again provide such protections for long-term care before the Supreme Court,” he said.
The current Act does not provide for judicial review or human rights matters to be heard by the Supreme Court, but rather they are referred to Level 3 or Level 2 of the LTC, but this will change after the amendment is passed.
“The Constitution is very clear that there is only one court that can interpret and decide matters related to the Constitution, and that is the Supreme Court. So now, we are back to the old unified structure where there is one higher court that handles all matters, and that is the Court of Appeal,” Papali said.
Family Appointment Master Zheng
Choose the head of household or Master Rights It is a new concept included in the Long-Term Care Act of 2020.
“This provision was not in the old act,” Papalli said.
During last year’s consultation, a majority wanted to remove the provision from the bill but leave it up to families and future generations to choose their own matai sa’o.
“That is the position of the law, Matesao’s choice was legalized, but now the community wants that part of the law removed.” Papali said.
“We have therefore removed this provision in the amendment, but this will not affect Master Rights Appointments have been made under the existing Act,” he said.
Contempt of Court
The amendments will also see strict compliance with orders from the Land and Titles Tribunal. Papali confirmed that some orders in the past, such as those to demolish buildings, graves and prohibit the use of titles, were not strictly followed.
However, a fine of 10,000 tala or imprisonment will be imposed on those who violate the Land and Titles Tribunal order, which will be strengthened.
Right to hear salutes – title Issues
Papalii also clarified that title The matter was referred to the LTC.
“It is not clear whether the LTC has the authority to hear such matters, but the fact is that the LTC is hearing and making a decision title,” Papali said.
“In this case, a part of the law needs to be introduced so that the Land Title Court has jurisdiction to deal with the matter; not only in terms of making decisions, but currently there is an official position in the Faroe Islands Council responsible for the title and the court’s decisions are recognized.” He said
He said it was important to consult the state and if any divisive issues arose, they could be dealt with according to the Constitution.
He believes that it is important to determine in which jurisdiction the power to hear the case lies. title Things fell.
Exile, cancellation of clan titles and boundaries
Papali said village eviction decisions, the removal of clan titles and land boundaries are common issues before the Land and Titles Court.
All of these things can be challenged in court, he said.
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