The spectacle between the President of the Lands and Titles Court, Fepuela’i Atilla Ropati and Minster of Justice and Courts Administration Matamua Vasati Pulufana continues with the LTC cases now set to be heard later this month.
Fepulea'i in his latest correspondence dated 24 February, to the Justice Minister, which was obtained by Radio Polynesia; reminded her the significance and vital important of the separation of the Judicial Arm of Government and overarching binding obligations of the other arms not to intrude.
Last month Justice Minister Matamua informed the LTC their proceedings are put on hold pending an investigation by a Parliamentary Commission of Inquiry Committee, she also alluded the appointment of LTC judges including the President’s position were all revoked on 15 March, 2021 when the Land and Titles Act 2020 was enforced.
Fepeula'i in his two page letter, said the Court staff must serve without fear nor favour when it comes to supporting the Court in the administration of Justice just as the judges are required to swear on oath to do,upon taking their posts.
He said the LTC proceedings will start later this month now that the Minister assured she has not in any manner directed the LTC staff to stay away from LTC activities.
Fepuela'i acknowledges the differences in copies of the LTA 2020 but this is no way to diminish the legality and authority of an Act of Parliament nor compelling the duty of the LTC Judges and staff to implement the LTA 2020.
Adding that there is no authority to restrict the LTC work and to await the outcome of the Inquiry recommendations.
He said the only plausible approach is for the Inquiry to urgently consider the matter and Parliament to pass any amending legislation that will significantly affect the existing provision of the LTA 2020.
Fepulea'i reminded the Minister the delay in progression of cases before the court due to different in agendas and opinions the people suffering are those with urgent natters before the court and that is justice delayed and denied which currently has no reasonable justification.