The Leader of Opposition Tuilaepa Sa'ilele Malielegaoi believes the changes proposed by Chief Justice Satiu Simativa Perese to the judicial system contradict the views of his predecessor. 

Tuilaepa expressed his views on the contentious issue surrounding the proposed reversion of Samoa's court system. 

The matter has sparked debate following an opinion from the Chief Justice suggesting that the judicial system should return to its pre-2021 structure and proposed changes to bring it in line with other Commonwealth nations.

Tuilaepa contends that this stance conflicts with the perspective of the former Chief Justice, the late Patu Tiavasu'e Sapolu.

Tuilaepa revealed that he had reviewed Chief Justice Perese's position as reported by the Samoa Observer earlier in the week. 

While withholding his personal opinion on the proposed changes, Tuilaepa highlighted a fundamental contradiction between the current and former Chief Justices' views.

"While both Chief Justices share a common goal of integrating Samoan customs and traditions into our court system," Tuilaepa remarked, "the current Chief Justice, with only four years in office, holds views that are at odds with those of the former Chief Justice, who served for nearly 30 years."

Tuilaepa further explained that the former Chief Justice initiated the changes which were intended to embed Samoan customs within the judiciary, aligning with the cultural ethos of the country. 

He said Chief Justice Perese’s call for changes highlights concerns about the practical implications of a dual court system and the need for coherence and efficiency in judicial proceedings.

The controversy stems from a package of three bills introduced in March 2020: the Constitution Amendment Bill 2020, the Land and Titles Bill 2020, and the Judicature Bill 2020. Passed with a significant majority of 41-4, these legislations were designed to integrate Samoa's customs and traditions into its judicial system. 

However, they were met with considerable opposition from the judiciary and the Samoa Law Society, which raised concerns about the lack of consultation and the potential impact on judicial independence and human rights.

Tuilaepa reiterated that these legislative changes were proposed and initiated by the former Chief Justice with the intention of aligning the court system with Samoan traditions. 

He argued that the former Chief Justice's vision was consistent with that of Samoa’s founding fathers who drafted the Constitution.

Chief Justice Perese, in a detailed response to a request from the Ministry of Justice and Courts Administration, outlined his proposal for reverting to the pre-2021 court structure. In his letter dated May 21, 2024, addressed to Papali'i John Taimalelagi, the Chief Executive Officer of the Ministry, Perese suggested renaming the current Supreme Court to the High Court and reinstating the Supreme Court as the apex court in Samoa.

These proposed changes aim to address the complications arising from the 2020 constitutional amendments, which established a parallel court system. Chief Justice Perese emphasised the judiciary's unanimous support for this restoration, asserting that the 2020 changes were unnecessary.