Lawyers involved in the Court of Appeal case by former President of the Land and Titles Court (L.T.C.) against the Attorney General's Office have been advised to consider undertaking a judicial settlement conference before hearing starts. 

The matter was called again on Friday morning before Supreme Court Justice, Leiataualesa Daryl Clarke. 

The former L.T.C. President Letufuga Atilla Ropati has appealed a decision by the Supreme Court in November last year after the court rejected his application to retain his position as the President of the L.T.C. and consequently ended his term in office. 

While the Supreme Court has already ruled on his application for declaratory orders from Letufuga, he has also made an application to have a substantive hearing for the matter. 

However, on Friday, Justice Clarke, asked counsels representing the A.G., whether they had considered having a judicial settlement conference to resolve the issue outside of the courtroom before they proceed to trial. 

Ta'elegaifetu Violina Leilua who acted on behalf of the Attorney General's office and Faimalomatumua Mathew Lemisio representing Letufuga said they would take into consideration the advice from Justice Clarke. 

The matter is now being referred to the call over list for the Chief Justice to set a date to hear the matter and to also advise Chief Justice Satiu Simativa Perese if the parties involved would undertake a J.S.C. for the matter. 

Justice Perese delivered the decision on the application by the former L.T.C. President in November last year after hearing the ex-parte application filed by Letufuga which he lodged on a pickwick basis. 

In his decision, Justice Perese noted the Attorney General’s submissions in that it is imperative the new President – whose warrant of appointment has been signed by the Head of State starting 1 November 2022 is to lead to the new judicial system brought into assistance by the Act and changes to the Constitution. 

The Attorney General told the Court that the membership of the L.T.C. Judiciary Service Commission (Komisi of Fanua ma Suafa) will be complete with the appointment of a new President and they will be able to make appointments of new judges to sit on the new judicial body.

Justice Perese pointed out that it was well known there were backlog issues at the L.T.C. and the appointment of new judges would enable the addressing of proceedings that are not provided for in the acts transitional provision. 

"It is material in my decision, even if the applicant has been improperly dismissed, he will not automatically be entitled to continue as the President of Land and Titles Court under the new legal system,” he said in his decision. 

“…the role of president is specifically provided for in the Constitution, the applicant was appointed President under the Land and Titles Act 1981.”

The Chief Justice said for the question of justice, he is required to give proper weight in the interest of those affected by the uncertainty of the L.T.C. system caused by continued delay of appointment of judges and president under the Constitution. 

He said he considered that the applicant is not being chosen to lead the new L.T.C. and this court should be slow to interfere with judgement calls.