Minister of Justice and Courts Administration, Matamua Vasati Pulufana has instructed the Lands and Titles Komisi, not to go through with the swearing in of Deputy Vice President of the Lands and Titles Court, Faimalomatumua Matthew Lemisio.

In her latest correspondence obtained by Radio Polynesia, issued on Wednesday, to Lands and Titles Komisi, members, President Fepuleai Atilla Ropati; Justice Tafaoimalo Leilani Tuala-Warren and Lauano Vaosa Epa; the Minister said that appointments to the LTC will not be processed until an amendments to the Land and Titles Act 2020 is approved by Parliament which, then enables the Komisi to appoint, suspend or remove the LTC Judges.

As reported earlier, the LTC President told the Minister last month the swearing ceremony will proceed as they have the authority under the law to proceed.

The Minister told the LTC Komisi this week, while citing the legal opinion issued by Attorney General, Su’a Hellen Wallwork; the Komisi’s general power to appoint a Deputy President; Vice President or Judge under the Constitution, requires the existence of an enabling Act to provide procedures and guidance as to how such power is to be exercised. Furthermore in the absence of enabling provisions in the LTC Act 2020 the Komisi cannot exercise its powers to appoint, remove or suspend any Judges of the LTC.

The Minister also pointed out “appointments of all judicial officers must be made on a clear and unambiguous legal basis, without controversy, or any prospect that the appointment or decision/actions of the appointees may be later invalidated.

“As members of the Komisi will also be well aware the appointment to public office follows a path which requires the Ministry responsible to seek legal advice and financial provision for any new post through a formal process requiring cabinet approval before warrants are prepared by the Attorney General’s office and then submitted to the Head of State.

The Minister also noted the purported appointments in his have not followed the normal process and that the conduct of the Komisi bypasses the proper protocol and procedures and attending to the Head of States Office without the knowledge of the Cabinet is a serious breach of protocol.