Tagata Pasifika

The Pacific voice on
New Zealand television
since 1987

Tagata Pasifika

The Pacific voice on
New Zealand television
since 1987

Samoa PM hits out at NZ Law Society

NZ Law Society President Tiana Epati has expressed concerns over the advancement of controversial constitutional reforms in Samoa.

Prime Minister Tuilaepa Sailele Malielegaoi has responded to New Zealand Law Society President Tiana Epati’s media statement outlining serious concerns with the constitutional law reforms under review in Samoa.

“There is no place for the President of an overseas Law Society to use that organization’s name to try to lecture us or interfere with our country’s democratic processes.

“Samoa’s Government is trying to create a Specialist Court of Appeal for its own cultural Lands and Titles to be legally acknowledged and preserved.

“It is a matter now at Select Committee for public consultation, and it is a matter for Samoa. In short, it is none of your overseas presidential business.

“All the best as you concentrate on the needs of all your society’s members, and we will concentrate on looking after our own country-Samoa.

“I hope you and your relative here in Samoa, the President of our Law Society remember that Samoa has been independent since 1962.”

The sharp response follows concern over the Government of Samoa’s rapid advancement of constitutional reforms during the Covid-19 pandemic and “without the necessary consultation”.

The suite of bills under the spotlight are the Constitution Amendment Bill 2020, the Land and Titles Bill 2020 and the Judicature Bill 2020. It is proposed that the judicial function of Samoa be split into two separate branches, and Samoans will no longer be able to seek judicial review of a decision of the Land and Titles Court in Samoa’s Supreme Court and Court of Appeal.

“There is understandable concern that this move is likely to adversely affect the rule of law, the position of the Chief Justice and the supervisory jurisdiction in the hierarchy of courts in Samoa,” said NZ Law Society President Tiana Epati. “Senior judges in Samoa have expressed serious reservations about the constitutional changes, and the legislative process adopted.”

In an interview last month with RNZ Pacific, Samoa Law Society President Leiataualesa Komisi Koria said a key concern was the lack of public consultation in tabling the bills, which are at their final readings. He said the Government had been using the current health crisis to divert people’s attention.

“We’ve had major announcements happen, just get slipped in, while the public is more concerned with the Covid-19,” he said.

Upon the request from the Samoa Law Society for assistance, Tiana Epati said the NZ Law Society would be “more than willing to provide assistance and to speak out in support of the Samoan judiciary and legal community, while acknowledging that Samoa is an independent sovereign country with its own legal system, customs and fa’a Samoa”.

“New Zealand and New Zealand lawyers have an interest in the integrity of the legal systems of our Pacific neighbours with whom we deal frequently,” Ms Epati said.

The New Zealand Law Society has shared its concerns with New Zealand Ministry of Foreign Affairs and Trade.

 

 

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