Lawyers argue whether to opt for mediation or Judicial Settlement in lawsuit against PM


The lawsuit was filed against Prime Minister Fiame Naomi Mata’afa in the amount of $650,000 tala for unlawful dismissal and damages by the former Attorney General, Savalenoa Mareva Betham-Annandale was heard before the court yesterday. 

The lawyers Dr Rodney Harrisson for Savalenoa and Counsel for Fiame, Taulapapa Brenda Heather Latu argued before the court on how to proceed in this matter whether for mediation or Judicial Settlement under the Judiciary Review Proceedings. 

The matter was heard before Justice Leiataualesa Daryl Clarke. 

Taulapapa informed the court this should be dealt with via Judicial Settlement, Dr. Harrison however sought mediation and suggested the Judicial Settlement as an alternative.

Dr. Harrison informed the Court was surprised that a suggestion had been made if there was a need for a constructive approach to be taken, yet a constructive approach to the two proceedings was already approved in the last mention back in May. 

Adding first proceedings are extensive and they will be seeking discovery hence seeking mediation and for the Judicial Settlement as an alternative.

Taulapapa however said their statement of defense had since been filed and they have a different view. 

 “Both proceedings are predication on whether or not there is legal authority to dismiss a constitutional onslaught, and that is the preliminary matter at the core of the Judicial Review,” said Taulapapa.

Adding Savalenoa’s claims are malice, discrimination, and conspiracy intention.

Both parties were ordered to file a formal application and this matter has been reschedule for 5 September 2022.