Samoa Law Society

The Samoa Observer reports the Society is the second respondent - as a friend of the court - in the proceedings lodged by HRPP leader Tuilaepa Sailele Malielegaoi and party secretary Lealailepule Rimoni Aiafi against a decision to suspend them from Parliament "indefinitely".

The pair were found by a special Parliamentary committee to be guilty of contempt of Parliament and bringing Parliament into disrepute.

The Samoa Law Society, in its submission to Friday's Court of Appeal hearing to expedite an end to the country's Constitutional and electoral crisis, was clear that the Head of State is bound as the faithful servant of the Constitution and not its master.

It submitted that the Head of State, whose office is a creation of the Constitution, was obliged to do its bidding.

Part of that bidding is to ensure that parliament convene within 45 days from a General Election. His Highness had frustrated multiple attempts for this to happen since the 9 April ballot.

President of the Samoa Law Society, Komisi Koria, said the recent rulings handed down by the Supreme Court when it comes to the constitution showed this.

“As far as the law is concerned and the supreme law of the land in this country, she has the support of the law in terms of her claims to be Prime Minister,” Leiataualesa said.

The Human Rights Protection Party's appeal against a critical Supreme Court ruling, is due to be heard this week.

Maiava Visekota’s practicing certificate was placed on interim suspension in April last year.

The Principal of Maiava Law Firm said her practicing certificate is to be restored in March 2021, almost two years to the day of suspension, following the completion of a course on Trust Accounts to be conducted by the Samoa Law Society.

“I have to attend a course by SLS on Trust Accounts.”

“I accept the decision of the Law Society Disciplinary Tribunal and intend to comply with any conditions prescribed.”

"The bills would remove people's ability to enforce their constitutional rights at the Lands and Titles Court and it is seeking to have them dumped from parliament," according to the Law Society.

It said the bills would split the court system into two jurisdictions with neither having primacy and judicial oversight.

Further, it said the bills would weaken judicial independence and undermine the separation of powers between the executive, judicial and legislative branches of government.

The society said a lack of government consultation had led to villages, churches and NGO's seeking reliable information elsewhere.

There had been plenty of public concern and uncertainty over the bills recently, with over 100 people protesting outside parliament last month when they were discussed at a Select Committee.

Dissent within the ruling Human Rights Protection Party over the bills had done little to quell fears.

Leiataualesa Komisi Koria said the Parliamentary Select Committee agreed at its May 4 hearing to take the three bills to village fono.

However, Leiataualesa said since then it has been very difficult to get further information about the process.

He said it's unusual that the Select Committee itself has said it will run the consultations.

He said this is normally handled by apolitical parties to ensure neutrality.

The society's president , Tiana Epati, expressed her misgivings about the proposals with her group standing alongside their Samoan counterparts in opposition to them.

However Tuilaepa Sailele Malielegaoi said there was no place for the "President of an overseas Law Society" to lecture or interfere with the 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," the prime minister said.

That's the view of the Samoa Law Society (SLS).

Its president Leiataualesa Komisi Koria told RNZ Pacific that a controversial suite of three bills would remove the judicial primacy of the Supreme Court as it exists under the Constitution.

Leiataualesa said removing Supreme Court oversight of the Lands and Titles Court (LTC) would mean the ability of Samoans to "enforce their Constitutional rights" would be disregarded.

RNZ reports the Plaintiff, Leulua'ialii Olinda Woodroffe, is seeking to quash the Society's decision to terminate her unrestricted practicing certificate.

The Law Society had issued Leulua'ialii with a restricted practicing certificate.

In her filed claim, Leulua'ialii represented herself and said she was not heard or notified by the Society before the decision.

Leulua'ialii has also claimed the defendant wrote to the court directing staff that she would not be allowed to sign any court documents.