Patu Tiava'asu'e Falefatu Sapolu

Patu Tiava'asu'e Falefatu Sapolu
Sapolu in 2015
Chief Justice of Samoa
In office 20 July 1992 – 23 April 2019
Nominated by	Tofilau Eti Alesana
Appointed by	Malietoa Tanumafili II
Preceded by	Anthony John Ryan
Succeeded by	Satiu Simativa Perese
Attorney-General of Samoa
In office 1988–1991
Prime Minister	Tofilau Eti Alesana
Personal details
Born	22 July 1950 Vaiala, Western Samoa
Died	28 November 2021(2021-11-28) (aged 70)
Spouse	Tuitama Savaiinaea Iliganoa Sapolu
Children	Three
Alma mater	University of Otago, University of Auckland

Patu Tiava'asu'e Falefatu Sapolu (22 July 1950 — 28 November 2021)^[1][2] was a Samoan lawyer and judge. He served as Attorney-General of Samoa from 1988 to 1991, and as Chief Justice of Samoa from 1992 to 2019.

Early life and education

Sapolu is from Vaiala.^[3] He was educated at Marist Mulivai and at St. Joseph's College in Samoa.^[4] He attended the University of Otago and University of Auckland in New Zealand on a government scholarship, graduating with a Bachelor of Laws in 1972.^[4] He subsequently worked at the Attorney-General's office, as a temporary magistrate, and as a Court Registrar.^[4] In 1988 he was appointed Attorney-General of Samoa.

Chief Justice

In 1991 Sapolu was appointed Acting Chief Justice of Samoa. The position was made permanent, and he was sworn in on 20 July 1992.^[4] As Chief Justice he oversaw the construction of a new court house,^[5] the raising of the judicial retirement age from 62 to 68, and the establishment of specialist courts such as the Family Court and Coroners Court.^[4]

In 2010 Sapolu was the target of a failed assassination plot, along with Prime Minister Tuila'epa Sa'ilele Malielegaoi.^[6] He was the target of further threats in 2018.^[7]

In 2017 he refused to participate in a parliamentary inquiry into the Land and Titles Court of Samoa on the basis that it interfered with the independence of the judiciary.^[8]

In July 2018 his contract was extended for another nine months, despite having reached the mandatory retirement age of 68.^[9][10] He retired on 23 April 2019.^[11] He was replaced in March 2020 by Satiu Simativa Perese.^[12] Following his retirement he was given time to clear a backlog of unresolved cases. In one of these, National Pacific Insurance Ltd v Vaivaimuli Corporation Ltd, it emerged that he had reserved his decision in 1997 but never delivered it. A decision was finally released in August 2019, but overturned as unsafe by the Court of Appeal in August 2020.^[13] Patu's conduct in the case was described as "disgraceful" by one of the lawyers involved.^[14]

Post retirement

Following his retirement, Sapolu became a part-time lecturer in lands and titles law at the National University of Samoa.^[15]

In July 2020, Patu was nominated as a Human Rights Protection Party candidate for the electorate of Vaimauga No. 2 in the 2021 Samoan general election.^[16] On 29 September 2020, he was evacuated to New Zealand for medical treatment.^[17] He withdrew his candidacy in February 2021.^[18] During the 2021 Samoan constitutional crisis, Patu supported caretaker Prime Minister Tuila'epa Sa'ilele Malielegaoi, endorsing his claims that Parliament could not meet until an extra HRPP MP had been appointed,^[19] then calling for a second election as a means of resolving the crisis.^[20] In July 2021, he publicly supported Head of State Tuimalealiifano Va'aletoa Sualauvi II's order to delay Parliament sitting until August,^[21] despite this being found to be unconstitutional by the Supreme Court.^[22]

Following his death in November 2021 the government approved a state funeral.^[23]

References

1. Matai'a Lanuola Tusani T - Ah Tong (29 November 2021). "Former C.J. passes away at home". Samoa Observer. Retrieved 29 November 2021.
2. Francine Fiaui (29 November 2021). "Samoa's Longest Serving Chief Justice Passes Away". Samoa Global News. Retrieved 29 November 2021.
3. Joyetter Feagaimaali'i (22 April 2019). "Chief Justice Patu exits with message to peers". Samoa Observer. Retrieved 13 June 2020.
4. Joyetter Feagaimaali'i (31 December 2019). "2019 People of the Year: Patu Tiava'asu'e Falefatu Sapolu". Samoa Observer. Retrieved 13 June 2020.
5. "SAMOA JUDICIARY CELEBRATES OPENING ON NEW COURT HOUSE". Pacific Islands Report. 28 January 2010. Retrieved 10 July 2021.
6. Michael Field (6 December 2010). "Samoan PM assassination plot investigated". Stuff. Retrieved 13 June 2020.
7. "Security increased for Samoa's Chief Justice after threat". Fiji Times. 1 December 2018. Retrieved 13 June 2020.
8. "Samoa Chief Justice: Participation In Inquiry Would Hurt Independence Of Judiciary". Pacific Islands Report. 25 January 2017. Retrieved 10 July 2021.
9. "Samoa Chief Justice gets contract extension". RNZ. 20 July 2018. Retrieved 10 July 2021.
10. Joyetter Feagaimaali’i-Luamanu (20 July 2018). "Chief Justice Patu's contract extended". Samoa Observer. Retrieved 10 July 2021.
11. "Samoa awaits appointment of new Chief Justice". RNZ. 23 April 2019. Retrieved 13 June 2020.
12. Joyetter Feagaimaali'i (20 March 2020). "Satiu Simativa Perese is Samoa's new Chief Justice". Samoa Observer. Retrieved 13 June 2020.
13. "Samoa court ruling that took 22 years thrown out". RNZ. 15 August 2020. Retrieved 10 July 2021.
14. "Samoa judge's role in decades-long case delay called disgraceful". RNZ. 17 August 2020. Retrieved 10 July 2021.
15. "The National University of Samoa has announced the appointment of Patu Tiava'asu'e Sapolu to teach Law at Papaigalagala". SBS. 19 February 2020. Retrieved 13 June 2020.
16. Soli Wilson (9 July 2020). "Former C.J. Patu to run for H.R.P.P." Samoa Observer. Retrieved 10 July 2021.
17. James Robertson (29 September 2020). "Chief Justice evacuated for medical treatment". Samoa Observer. Retrieved 29 September 2020.
18. Joyetter Feagaimaali'i (13 February 2021). "Former Chief Justice withdraws candidacy: village mayor". Samoa Observer. Retrieved 14 February 2021.
19. Soli Wilson (30 May 2021). "Former C.J. backs caretaker P.M." Samoa Observer. Retrieved 10 July 2021.
20. James Robertson (19 June 2021). "Patu calls for second election". Samoa Observer. Retrieved 10 July 2021.
21. Sialai Sarafina Sanerivi (11 July 2021). "Former C.J. backs Head of State". Samoa Observer. Retrieved 11 July 2021.
22. "Supreme Court Decision 8 July 2021 – 90 Days has Lapsed since the General Election". Samoa Global News. 9 July 2021. Retrieved 11 July 2021.
23. Sialai Sarafina Sanerivi (5 December 2021). "State funeral to honour former C.J". Samoa Observer. Retrieved 5 December 2021.

Legal offices
Preceded by Anthony John Ryan	Chief Justice of Samoa 1992–2019	Succeeded by Satiu Simativa Perese