LTC farewells, Faimalomatumua and Taueva whose positions were invalid

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The Lands and Titles Court held an intimate “farewell ceremony” this afternoon for Faimalomatumua Mathew Lemisio and Taueva Lelevaga Mupo.

In December Faimalomatumua was sworn in as Deputy President of the LTC and Taueva as Judge for the LTC, but their positions were deemed invalid by the Supreme Court in its recent ruling.

The farewell ceremony was confirmed by staff members of the LTC to Radio Polynesia and for fear of repercussions, they opted to stay anonymous. Emails and calls for comments to the CEO of the Ministry of Justice and Courts Administration, Moliei Simi Vaai were not answered as of press time. 

Radio Polynesia then reached out to Minister Matamua Vasati Pulufana for comments regarding the farewell ceremony, but she declined and noted the men “are not official staff of the LTC” and there is no need for them to resign from their post.

Today’s farewell ceremony was held to honour the resignation of the Faimalo and Taueva five months after their swearing-in without sitting on the bench of the Lands and Titles Court. 

The swearing-in last year was officiated by the President of the LTC, Fepuleai Atilla Ropati and this is despite instructions by Minister of Justice and Courts Administration, Matamua Vasati Pulufana for the LTC not to go through with the ceremony.

Last week, the Supreme Court ruled in favour of the President of the LTC by ordering the Executive to provide supporting staff to immediately resume the work of the Judges of the LCT, in a case against the Minister of Justice.

Furthermore, the Justices noted the protection of the independence of the Judiciary is a matter of considerable public interest, by way of example the availability of judicial immunity in civil proceedings is acknowledged to be founded on the existence of public interest in the protection of judicial independence and the court.

In the same ruling, the Supreme Court noted the President and Judges of the LTC who were appointed under the 1981 LTA do not have the authority to exercise jurisdiction under any of the provisions of the LTA 2020.

Faimalo and Taueva’s positions were appointed under the LTA 2020.

Faimalo resigned as Electoral Commissioner last year to take up the position of the LTC Deputy President. Taueva is the former FESA Commissioner who stepped down from his position to run for public office.