Apia, Samoa – 21 August 2024: Prime Minister Fiame Naomi Mata’afa has delivered a comprehensive address to the Parliament of Samoa, detailing the proposed amendments to the nation’s Constitution. The changes, encapsulated in the Constitution Amendment Bill 2024, are aimed at refining the judicial structure and ensuring the protection of individual rights within the country.
Revisiting the Judicial Structure
In her address, Prime Minister Fiame emphasized the need to revert the structure of the Judiciary to its original form. The proposed amendment seeks to consolidate the judicial system under a single branch, led by the Chief Justice. This change comes in response to the dual structure introduced in 2020 under the Lands and Titles laws, which, according to the Prime Minister, has led to complications and inefficiencies.
“The goal is to restore the Judiciary to a unified structure,” Fiame stated, “ensuring that it functions as a single, cohesive entity.”
Clarifying Jurisdiction and Strengthening Oversight
A significant component of the proposed amendments involves clarifying the jurisdiction of the Land and Titles Court, which will retain exclusive authority over matters related to traditional land and titles. However, the amendments also grant the Supreme Court and the Court of Appeal supervisory jurisdiction over the Land and Titles Court, particularly in cases involving constitutional rights and interpretations.
“This supervisory role is crucial in ensuring that constitutional rights are upheld across all levels of the judicial system,” Fiame explained.
Enhanced Judicial Review and Appeal Processes
The amendments propose new provisions allowing individuals to seek judicial review by the Supreme Court to enforce their constitutional rights. This includes the right to challenge decisions made by the Land and Titles Court, a move that Fiame believes will strengthen the protection of individual rights in Samoa.
“The ability for citizens to seek redress through judicial review is fundamental to the protection of their rights under the Constitution,” she added.
Judicial Appointments and Independence
Further, the amendments introduce clearer guidelines for the appointment, suspension, and removal of judges. These measures are designed to bolster the independence of the Judiciary and ensure that judges can perform their duties without undue influence or interference.
“Our aim is to strengthen judicial independence and protect the integrity of the legal system,” Fiame noted.
Consultation and Public Engagement
Prime Minister Fiame also highlighted the extensive consultations that preceded the drafting of these amendments. Input was sought from various stakeholders, including the Judiciary, the legal community, and the general public, reflecting the government’s commitment to transparency and inclusivity in the legislative process.
“These amendments are the product of careful consideration and dialogue with the people of Samoa,” she emphasised.
A Commitment to Protecting Rights and Upholding the Law
Prime Minister Fiame stressed the overarching goal of the proposed amendments: to ensure the rule of law is upheld in Samoa and that the rights of all citizens are protected. The amendments are expected to enhance the functioning of the Judiciary, reinforce judicial independence, and provide stronger safeguards for individual rights.
“These changes are not just about legal reform; they are about ensuring justice, fairness, and the protection of our people’s rights,” Fiame stated, reaffirming the government’s dedication to these principles.
The Constitutional Amendment Bill 2024 is now under consideration by the Parliament, and its passage is anticipated to mark a significant step forward in the evolution of Samoa’s legal framework.
Saunoaga faamalamalama a le afioga i le Palemia i le Tulafono Taufaaofi o le Teuteuga o le Faavae 2024 na fofogaina i luma o le Palemene i le Aso Lulu 21 Aokuso 2024
