In a heated parliamentary session yesterday morning, Prime Minister Fiame Naomi Mata'afa engaged in a vigorous debate with MP Lupematasila Tologata Tile from Falelatai over the controversial judicial reforms encapsulated in the Constitution Amendment Bill 2020, the Land and Titles Bill 2020, and the Judicature Bill 2020. The session initially focused on the national budget and was dominated by discussions on the contentious bills, highlighting the deep divisions and urgent need for legislative clarity.
Historical Context and Legislative Critique
Prime Minister Fiame began by providing historical context, contrasting the current legislative situation with the lengthy and thorough process that led to the passing of the Land and Titles Act of 1981, which took seven years to develop and implement. She criticised the former administration for rushing the 2020 bills through Parliament in a matter of months, resulting in flawed legislation.
"The 1981 act took seven years to pass, the former government did the 2020 bill in a matter of months, and now there are problems with it," Fiame stated. "This might seem like a minor issue to some, but for this Government, it is a significant concern. We will not rush this; we need to be thorough to avoid hindsight errors that could impact the court and the people of Samoa."
Opposition's Accusations and Government's Rebuttal
MP Lupematasila Tologata Tile from Falelatai responded by pressing the Government to expedite the amendments. He pointed out that the new Government has had three years to address the issues and called for immediate action to bring the revised bills forward for debate. He went further to accuse the Government of contempt for Parliament for not implementing the bills as passed.
"The government is in contempt of Parliament because the courts should follow the bill since it passed in Parliament," Lupematasila asserted. "We should put the current bills into action and consider making any necessary amendments later on."
Fiame rebuked this urgency and accusation, emphasising that the opposition's rushing approach was the reason the current bills were problematic. She highlighted that removing judges, as proposed in the 2020 bills, undermines judicial independence and is a critical flaw in the rushed legislation.
"The opposition claimed that this bill would benefit the country by reforming the Land and Titles Court," Fiame responded. "However, a significant aspect of this reform is the removal of judges, which is a major problem with the bill. We need to make revisions and amendments that can be openly debated here in Parliament."
Emphasis on Judicial Independence and Legislative Integrity
Prime Minister Fiame stressed the importance of ensuring judicial independence and adhering to proper legislative processes. She pointed out that while the opposition might view the delays as trivial, the Government is committed to maintaining the judiciary's integrity and ensuring that any amendments are comprehensive and well-considered.
She further criticised the previous administration's law that facilitated the removal of judges, which the courts found unlawful and disrespectful of judicial independence. "The court's verdict was clear—the law passed to remove judges was unlawful and compromised judicial independence," Fiame emphasised.
Call for Patience and Cooperation
Addressing the Speaker and Parliament, Fiame called for patience and cooperation from all parliamentarians. She underscored the importance of allowing the Government the necessary time to develop thorough and effective amendments.
"The MP for Falelatai should wait until he is a Cabinet Minister if he wants to rush the passing of bills and decisions," Fiame remarked, urging for a collaborative effort in preparing and debating the amendments. "We must do our job properly as lawmakers, adhering to the protocol of the house and ensuring thorough legislative review."
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