The notice of motion for declaratory orders on pickwick basis has been filed by the Lands and Titles President, Fepulea’i Atilla Ropati against the Attorney General’s office.
It seeks to legalise the swearing in of the Deputy, Vice President and LTC Judge is now scheduled on the 8 March, 2022 before the Chief Justice, His Honour Satiu Simativa Perese to set the heading date.
The notice of motion for declaratory orders states the appointment of LTC rests with the LTC Komisi and once an appointment is made the Head of State acting on advice of the Komisi executes a warrant.
However the Head of State is refusing to execute the warrant on the basis of legal advice by the AG’s office.
Also Fepuleai who is the Chairman of the LTC Komisi seeks to declare that no other body has the power to influence or affect the final decision of the Komisi and they have appointed Faimalomatumua Matthew Lemisio as Deputy President; Leaupepe Fatu Pula as Vice President and Taueva Lelevaga Mupo as LTC Judge.
The Komisi seeks for the appointments of the Komisi is "lawfully and validly" made and therefore the warrants of appointments should be executed by the Head of State.
The grounds cited by the LTC are that under the Constitution Article 104e subsection 4 provides for the Head of State to appoint Deputy President, Vice President and Judges of the LTC on the advice of the Komisi.
Furthermore the Komisi took into proper consideration the matters necessary for the proper appointments, which were made based on the proper criteria to be considered and housed therefore be recognised and officiated at the earliest opportunity.
Furthermore the application argues the appointments are necessary in order for the LTC to function properly and that it cannot wait until the amendment of any law which has yet to be passed.
Also that the intervention by the Attorney General’s advice interferes with the court's independence in managing its affairs in the administration of its constitutional powers and functions.
The application notes the Supreme Court has the inherent jurisdiction to interpret the constitution relating to this matter and that it is in the interest of justice to declare orders are made.