Former Attorney General files strike out motion

By Joyetter Feagaimaali’i-Luamanu 15 November 2018, 12:00AM

Former Attorney General, Aumua Ming Leung Wai, has moved to remove his name from a lawsuit filed by Samoa Solidarity International Group Global (S.S.I.G.G.).

The Group has gone to the Supreme Court and is questioning the legality and the constitutionality of the Land Titles Registration Act 2008 and seeking $5 million tala in damages from the Government. 

Prime Minister Tuilaepa Dr. Sa’ilele Malielegaoi has been named the first defendant in the Court proceedings along with Attorney General, former Attorney General Aumua Ming Leung Wai, the Ministry of Natural Resources and Environment (M.N.R.E.) and the Samoa Land Corporation.  

On  the strike out motion, Aumua argues there are no reasonable causes of action against him.

Furthermore, Aumua says in his motion the statement of claim and motion for declaratory judgment are frivolous, vexatious and an abuse and misuse of court process; and declaratory judgment sought have no prospect of success. 

Furthermore, the claim discloses no reasonable cause of action against Aumua and the plaintiffs have no standing to bring an action. 

To argue their case, the Group claims the Government is in violation of Article 102 of the Constitution by implementing, authorising, passing and enforcing the 2008 Act—which alienates traditional landowners of their legal rights to their customary land.

They are also arguing that Article 109 of the Constitution was violated by the defendants by passing a law that allows the alienation of customary land, without satisfying the requirement for a referendum vote before submitting the said amendment of the Constitution for the Head of State’s signature.

They are also arguing that with the Government’s passage of the 2008 Act and its enforcement, it (Government) has for 10 years violated Article 2 of the Constitution, which states the Constitution shall be the supreme law of Samoa and also that the Government violated Article 14 relating property rights.

By Joyetter Feagaimaali’i-Luamanu 15 November 2018, 12:00AM

Trending Stories

Samoa Observer

Upgrade to Premium

Subscribe to
Samoa Observer Online

Enjoy unlimited access to all our articles on any device + free trial to e-Edition. You can cancel anytime.