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The Supreme Court of Samoa (Samoan : Faamasinoga Sili o Samoa) [1] is the superior court dealing with the administration of justice in Samoa. [2]
It was established by Part VI of the Constitution of Samoa. [3] It consists of the Chief Justice of Samoa and other judges as appointed by the Head of State on the advice of the Prime Minister of Samoa. Judges serve until they reach the age of 68 years, and can only be removed from office on the address of the Legislative Assembly on grounds of misbehaviour or infirmity; this requires a two-thirds majority of all MPs. [4] Acting Judges may be appointed for a fixed term. [5]
The court has jurisdiction over the interpretation of the constitution, [6] enforcement of fundamental rights, [7] and membership of the Legislative Assembly of Samoa. [8] It also has "such original, appellate and revisional jurisdiction as may be provided by Act". [9] At present this is criminal jurisdiction where there is a statutory maximum sentence of more than seven years and a civil jurisdiction where the amount claimed is more than $20,000. It can hear both civil and criminal appeals from the District Court of Samoa. [2] In 2020 the jurisdiction of the court was amended by the Land and Titles Bill to exclude review of any decision falling within the jurisdiction of the Land and Titles Court of Samoa. [10]
Decisions of the Supreme Court can, with leave of the court, be appealed to the Court of Appeal of Samoa. The Court of Appeal consists of the Chief Justice and the other judges of the Supreme Court, but a judge cannot sit on an appeal from their own decision. [11]
The court is made up of the following judges: [12] [13]
In addition, former Justice Lesatele Rapi Vaai was reappointed for a period of 12 months in November 2020. [14]
On 4 August 2021 five former New Zealand judges were appointed as acting judges for a term of two years: [15]
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The Chief Justice of Samoa is the chief justice of the Supreme Court of Samoa. The qualifications and powers of the office are governed by Part VI of the Constitution of Samoa and the Judicature Ordinance 1961. The position is currently held by Satiu Simativa Perese.
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The Land and Titles Bill is one of three bills passed by the Legislative Assembly of Samoa to reform the legal framework around the Land and Titles Court of Samoa and Samoan customary law. The bills are viewed by some as undermining human rights and the rule of law, and are the subject of significant controversy in Samoa.
Olo Fiti Afoa Vaai is a Samoan politician and Cabinet Minister who has served as the minister of Works, Transport and Infrastructure since 2021.
Lesatele Rapi Vaai is a Samoan judge and President of the Land and Titles Court of Samoa. He served on the Supreme Court of Samoa until 2017, and again from 2020.
The Land and Titles Court of Samoa is a specialist court dealing with Matai titles and customary land in Samoa.
Fepulea'i Attila Ropati is President of the Land and Titles Court of Samoa.