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An Act to amend the Constitution to provide for matters relating to the Civil and Criminal Courts and the Land and Titles Courts.

Country
Type of law
Legislation
Source

Abstract
This Act amends the Constitution of Samoa to restructure the judicial system, particularly the Civil and Criminal Courts and the Land and Titles Courts, which handle customary land disputes and matai-title matters. It clarifies court jurisdictions, appeals procedures, judge appointments, and the internal organization of the various courts.
The reform convers: changes to the appointment, tenure, suspension and remuneration rules for judges of the Supreme Court, Court of Appeal, and the Land and Titles Courts; the Chief Justice becomes explicitly a judge of the Supreme Court by virtue of the office; the Supreme Court retains general jurisdiction, with no exclusion for Land and Titles matters; a new role of Senior Judge is established.
Concerning the major reform of Land and Titles Courts (Part IX of the Constitution), a three-tier court structure is introduced: (a) Land and Titles First Court, with original jurisdiction over customary land rights and matai titles; exclusive jurisdiction; (b) Land and Titles High Court, which serves as an appellate court; (c) Land and Titles Court of Appeal, which is the highest court for customary land and title disputes.
Date of text
Repealed
No
Source language

English

Legislation Amendment
No
Amends