The Samoa Government has failed to garner the necessary two thirds majority in Parliament to sack President of Land and Titles Court, Fepulea’i Attila Ropati. Fepulea’i was convicted and fined of assault by the Appeals Court earlier this year.
Under the country’s Constitution, only Parliament can replace a judge, or in this case, the President of Land and Titles Court, but by a two thirds majority.
Despite telling the Court of Appeal that he would resign as President, irrespective of the final verdict, he changed his mind and told the Judicial Committee he intended to stay on.
The Judicial Committee cannot fire the President, but they decided to suspend him and let Parliament decide his fate.
Prime Minister Tuilaepa Sailele Malielegaoi set up a Special Parliamentary Committee to look into the issue and report back
That committee recommended that Fepulea’i be reinstated.
Yesterday morning however, Tuilaepa moved a motion to sack Fepulea’i. The motion was seconded by Deputy Prime Minister Fiame Naomi Mata’afa.
Tuilaepa then told Parliament that this vote would be a conscience vote, meaning every member did not have to tow Party Lines.
Fiame told the House that she was amazed at the recommendation by the Special Committee to reinstate Fepulea’i.
“If we follow this Committee’s report, we would be saying that judges are allowed to commit murder, rape and burglary because those acts are not related to the performance of their work!”
In the end, 18 members voted to reinstate Fepulea’i and only 21 voted to get rid of him, falling short by 13 votes to attain the two thirds majority needed to do so.
