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Former deputy PM Fiame Mata’afa calls for vote against Samoan Government

Source: PacNews / Samoa Observer

Apia, SAMOA — Samoa Member of Parliament for Lotofaga, Fiame Naomi Mata’afa, has called for a vote against the leadership of the ruling Human Rights Protection Party (HRPP) in the 2021 General Election to prevent them from reshaping the judiciary, threatening the rule of law in Samoa.

In an interview with the Samoa Observer on Saturday, the former deputy Prime Minister and one of the country’s longest-serving Parliamentarians, said the proposed changes to the Land and Titles Court will be met with backlash. And even if the ruling HRPP pass the three bills before the Election, constituents ought to vote against them in April.

“It may be after the fact but people need to be asking the questions of Government, of its motivations and why they are putting this up and why now,” Fiame said. “I want [constituents] to vote against the Government in the next election because of these bills.

“This should demonstrate to the country that their rights have been put at risk, especially with regards to lands and titles.”

Mata’afa said the proponents of the Bills have been playing a “culture card” to win favour with the community even though they will not elevate Samoan culture as promised.

“The language has been very divisive and this very counter to the spirit of the Constitutional convention,” she said. “That process was about unity and bringing a country together. Why would we in 2020 unpick that and put in lines of division? That baffles me and leads me to question the motivations of these Bills.

“I think people need to recognise these bills for what they are […] they want to pull something out that will draw the country to continue to support HRPP.”

If the Bills are passed after their third reading, Mata’afa said people will be “hit in the face” with their flaws as soon as they have to interact with the reformed Court system. The current bills would have common law and the authority of the Supreme Court removed from the Land and Titles Court, which instead would have its own court of appeal and court of final hearing.

Judges, with no common-law basis, would instead have discretionary powers to make their judgements on the matters brought before them.

“If they have no legal basis there what are they replacing it with? There is nothing to replace it with apart from discretionary powers given to judges. That is not an answer,” Mata’afa said.

“The reality of it is that looking at what they have drawn up it will be difficult for the government to implement. They don’t have the human resources to do it […] it is badly configured and badly conceived.”

Another provision which would allow the new court to reopen old cases would “create a lot of angst,” she went on.

“I think they will have a backlash from people when they hit that system.”

Samoa has not codified its customs and traditions, for a legal purpose or any other. Without such a document the new Land and Titles Court would have no reference from which to decide on customary matters, which concerns Mata’afa.

“It is nearly 60 years old and there are no rules around the land and titles court.

They shouldn’t start a system without doing that first.”

Prime Minister Tuilaepa’s office has been approached for comment.

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