A Land and Titles Court (L.T.C) hearing over the traditional boundaries of the Safata constituency has been adjourned, until another case before the Supreme Court is dealt with. A section of Safata filed the matter with the L.T.C. in March. A hearing was scheduled for 3 November, which is today.
<script async src="http://www.samoaobserver.ws///pagead2.googlesyndication.com/pagead/js/adsbygoogle.js"></script>
<!-- ads-articles(24.03.14) -->
<ins class="adsbygoogle"
style="display:inline-block;width:336px;height:280px"
data-ad-client="ca-pub-9419815128221199"
data-ad-slot="2395638412"></ins>
<script>
(adsbygoogle = window.adsbygoogle || []).push({});
</script>
However, a letter obtained by the Samoa Observer from the Land and Titles Court, dated 29 October, 2015, states the hearing will not take. Instead it has been postponed.
The letter is written in Samoan and addressed to more than ten respondents.
Part of the letter reads, “the President (of L.T.C.) has accepted an application from Leota Suatele Manusegi to postpone the matter until his application before the Supreme Court is completed.”
On Friday, Leota filed for a prohibition in the Supreme Court to stop L.T.C. from discussing the division of boundaries for Safata.
Leota believes that the Electoral Act has already been passed on the division of Safata East and West and therefore if anyone appeals against it should be taken to the higher court.
Asked for a comment yesterday, one of the respondents, Tuia Pua Letoa, said he was preparing a letter to object to the application and decision made by L.T.C. President.
Tuia pointed out the matter taken by Leota to the Supreme Court had no connection to the one before L.T.C.
“We are not going against the Electoral Act on how it defined the boundaries of Safata,” said Tuia.
“What we want is for the Land and Titles court to confirm the traditional boundaries of Safata…but we respect the Electoral Act and what’s been passed in parliament.”
Tuia said the adjournment meant their right to a fair trial was delayed.
Under the Land and Titles Act, section 57, no jurisdiction to decide merits of case, “The Court sitting for the purposes of any preliminary hearing has no jurisdiction to consider the merits or to give a final decision on the petition, or any objection to the petition.”
<!-- ads-articles(24.03.14) -->
<ins class="adsbygoogle"
style="display:inline-block;width:336px;height:280px"
data-ad-client="ca-pub-9419815128221199"
data-ad-slot="2395638412"></ins>
<script>
(adsbygoogle = window.adsbygoogle || []).push({});
</script>{/googleAds}