Prime Minister, Fiame Naomi Mata’afa retorted to the Opposition’s insistent that the government was in contempt of Parliament for not enforcing the controversial Land and Titles Court laws.  

Fiame’s comment was made when she intervened during the Government response during the National Budget debate to clarify the state’s position on claims it hasn’t enacted laws approved by the House in 2020. 

She rejected accusations that the Government was in contempt of Parliament for their inaction to enforce the three packages of laws that established an autonomous L.T.C. Court. 

The P.M. brought to the attention of the House decisions of the court that described the present misunderstanding as a result of ill-drafted constitutional and legislative provisions. 

“The most critical part of the court decision says Parliament was wrong in drafting the law that removed the judges in its current state,” Fiame said. 

She told members that it was best they read the court's decision carefully to fully understand and appreciate the issues with the L.T.C. amendments in 2020.  

“Members are well aware at the time of passing legislation and where there are major amendments to repeal, there is a saving provision to transition appointments. What happened, there was none done for this law.”

Fiame continued to respond to members' suggestion that the Government was responsible for not enforcing the L.T.C. laws, however, she said the letters of the law effectively removed the judges. 

She explained for the L.T.C. President position the constitutional provision allowed for the new appointment given it was vacant with new requirements under the Constitution amendment. 

But for other judges, she said, the court decided to allow for the continuation of their work in L.T.C. only to preside over cases filed under the old act. 

The 50-plus cases before the L.T.C. Court of Review and Appeal cannot be dealt with under the new law due to the composition of that court. 

“If we are to follow the letter of the law, the Land and Titles Court cannot operate with the judges' removal,” Fiame added. 

“I don’t take the comments from the member of Falelatai lightly on contempt of parliament. 

“The Government is in a situation where it is trying to find a channel to continue work while amendments are prepared. 

“But these comments are negligent and slanderous…based on the court decision it is saying that parliament is not good in its duty of care to the court and judges.” 

Fiame also addressed issues raised by members about the former L.T.C. President, Letufuga Atilla Ropati who won a legal challenge against the government for his dismissal.

The Supreme Court ruled that the revocation of Letufuga’s appointment as President was inconsistent with the Constitution and offended the principles of judicial independence. 

He was entitled to compensation of $750,000. 

Fiame reminded that the same decision of the court made it clear that the former President was not qualified for the position under the repealed L.T.C. Act 1981.

She told members to make note of the government's response that the laws were defective and the result of the current situation. 

Earlier on, the M.P. for Vaimauga No.1 Sulamanaia Tauilili Tuivasa argued that there was no other authority that could stop the implementation of the L.T.C. laws approved by the two-thirds majority in the House. 

Sulamanaia said if there are amendments to the law that should be made, it should have already been tabled. 

M.P. for Samatau and Falelatai, Lupematasila Tologata Tile also intervened to support the contention from his party members. 

Lupematasila said the laws should have been enforced after it was approved and if any further changes, it can be made through amendments to the House. 

His concern was that appointments made under the three L.T.C. laws and the government’s decision not to enact it was contempt of Parliament. 

He said this was a matter of urgency and given it is the third year of the parliament sitting the amendments should be expedited. 

Fiame intervened telling the member that the first issue is no one can be appointed to the L.T.C. Court of Review and Appeal noting no one is qualified to sit on the bench based on legal requirements. 

Secondly, she said, under the new law there are no criteria set out on the qualification of the judges noting there are amendments as mentioned by the Minister that were forthcoming. 

She also reminded the opposition that the repealed 1981 act took seven years to draft compared to the rushed L.T.C. laws done in a couple of months and has multiple issues.    

The Minister of Justice, Courts and Administration, Matamua Vasati Pulufana said further amendments to the L.T.C. will be tabled soon in the House this year and will allow members to debate and comment on.