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Prime Minister of Samoa's response to the New Zealand Law Society

GOVT. PRESS SECRETARIAT;

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

The Prime Minister’s reply is published verbatim.

“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."

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Samoa’s law society and the country's judges have also expressed concerns with the proposed Constitution Amendment Bill 2020, the Land and Titles Bill 2020 and the Judicature Bill 2020 - which they say will directly impact the Lands and Titles court, “That affects everyone, in every village" according to Samoa Law society president Leiataualesa Komisi Koria.

"What will happen if these bills are passed is that the Lands and Titles Court will be separated from the jurisdiction of the Supreme Court," according to Leiataualesa. "You will no longer be able to ask the Supreme Court to review the process that was followed in the Lands and Titles Court."

The NZ Law Society weighed into these concerns with President Tiana Epati telling RNZ that “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, senior judges in Samoa have expressed serious reservations about the constitutional changes, and the legislative process adopted."

The Samoa Law Society had requested the assistance of their New Zealand counterparts who have said they were more than willing to provide assistance and to speak out in support of the Samoan judiciary and legal community.

However the NZ Law a Society still acknowledged Samoa is an independent sovereign country with its own legal system, customs and fa'a Samoa.

"Whatever policy aims need to be achieved, it is hard to understand how such constitutional changes can be justified without the explicit support of a large majority of the people of Samoa obtained through proper consultation," Ms Epati said.

"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."

Tiana with her father Semi Epati who was the first Pasifika judge in Aotearoa