ministry of justice and courts administration annual ... reports/mj… · 2007 – 2008 page 2...

MINISTRY OF JUSTICE AND

COURTS ADMINISTRATION

Annual report 2007 – 2008

2007 – 2008

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Ministry of Justice and Courts Administration

Monday 1st December 2008

The Honorable Speaker of the House

Afioga Tolofuaivalelei Falemoe Leiataua

Legislative Assembly

MULINUU

MINISTRY OF JUSTICE AND COURTS ADMINISTRATION

ANNUAL REPORT 2007 – 2008

In accordance with the Cabinet Directive F.K. (02) 02, I present to you the Annual Report of the

Ministry of Justice and Courts Administration for the financial year commencing July two

thousand and seven to June two thousand and eight to be tabled before Parliament.

Yours Faithully,

P.O. Box 49

5th

Floor

Government Building

APIA

Telephone: 24629, 29092

Facsimile: 24873

Government of Samoa

OFFICE OF THE MINISTER FOR THE

MINISTRY OF JUSTICE AND COURTS ADMINISTRATION

2007 – 2008

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Table of contents

LIST OF FIGURES & TABLES ........................................................................................................4

ABBREVIATIONS ............................................................................................................................4

STATEMENT FROM THE CHIEF EXECUTIVE OFFICER /REGISTRAR OF JUSTICE AND

COURTS ADMINISTRATION .........................................................................................................5

OUR VISION......................................................................................................................................6

OUR MISSION ...................................................................................................................................6

OUR VALUES & PRINCIPLES ........................................................................................................6

OUR OBJECTIVES............................................................................................................................7

ORGANISATIONAL STRUCTURE .................................................................................................8

DIVISIONAL ANNUAL REPORTS 2007 – 2008 ............................................................................9

CHIEF EXECUTIVE OFFICER ....................................................................................................... 9

JUDICIARY .................................................................................................................................... 13

MINISTERIAL SUPPORT ............................................................................................................. 15

COURTS DIVISION – APIA ...........................................................................................................16

CORRECTION, MAINTENANCE AND AFFILIATION AND WARRANTS DIVISION ......... 20

Probation and Parole Section ............................................................................................ 20

Maintenance and Affiliation Section ................................................................................ 28

Warrants Section ............................................................................................................... 32

LANDS & TITLES COURT DIVISION – MULINUU.................................................................. 34

Lands & Titles Court Section ........................................................................................... 34

Research & Report Writing Section ................................................................................. 38

Mediation and Registration of Matai Title Section ........................................................... 40

MINISTRY OF JUSTICE AND COURTS ADMINISTRATION DIVISION AT TUASIVI ....... 43

CORPORATE SERVICES DIVISION ........................................................................................... 48

Human Resource Section .................................................................................................. 48

Accounts Section .............................................................................................................. 50

Information Technology Section ...................................................................................... 54

CENSOR DIVISION ....................................................................................................................... 56

POLICY, PLANNING & EVALUATION DIVISION ................................................................... 58

CONSOLIDATED FINANCIAL ANALYSIS OF ALL OUTPUTS ..............................................60

APPRECIATION ..............................................................................................................................61

2007 – 2008

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LIST OF FIGURES & TABLES Figure 1: Trend in Supreme, District Court Reports and Letters – Probation and Parole

Figure 2: Reports ordered by the Courts July 2007 – June 2008 – Probation and Parole

Figure 3: Pre-released Reports and inmates released July 2007 – June 2008 – Probation and Parole

Figure 4: Trend in Community Based Sentencing Options – Probation and Parole

Figure 5: Number of Maintenance cases handled in July 2007 to June 2008

Figure 6: Outcomes of Fresh Claims – Maintenance and Affiliation

Figure 7: Outcome of cases that proceeded to Court – Maintenance and Affiliation

Figure 8: Age Group of applicants – Maintenance and Affiliation

Figure 9: Percentage of Decisions made and number of adjourned cases – Lands and Titles Court

Mulinuu

Figure 10: Court of Appeal Cases heard, New Appeals filed, Application for leave filed and letters

Prepared – Lands and Titles Court Mulinuu

Figure 11: Percentage of Petitions heard in Court, Adjourned Petitions, and Petitions for

Publication – Lands and Titles Court Mulinuu

Table 1: Full Presentence, supplementary reports and letters for the Courts – Probation and Parole

Table 2: Pre-release reports and inmates released on parole – Probation and Parole

Table 3: Comparisons of Affiliation cases of 2006/2007 and 2007/2008 – Maintenance and

Affiliation

Table 4: Resolutions to Maintenance and Affiliation Cases – Maintenance and Affiliation

Table 5: Tally of Decisions made and adjourned cases – Lands and Titles Court Mulinuu

Table 6: actual volumes of Reports prepared on a monthly basis

Table 7: Censoring Services

ABBREVIATIONS

ACEO Assistant Chief Executive Officer PACLii Pacific Legal Information Institute

CEO Chief Executive Officer PMS Performance Management System

DPOs Departure Prohibition Orders PPE Policy, Planning and Evaluation

EDP Executive Development Program PSC Public Service Commission

HR Human Resource R&S Recruitment and Selection

ISP Institutional Strengthening Program SBC Samoa Broadcasting Corporation

IT Information Technology SPCYCC

South Pacific Council for Youth

and Children’s Conference

MOF Ministry of Finance PSIF Public Sector Improvement Facility

NZAID

New Zealand Agency for

International Development TNA

Training Needs Analysis

NZDOC

New Zealand Department of

Correction UNICEF

United Nations International

Children’s Emergency Fund

2007 – 2008

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STATEMENT FROM THE CHIEF EXECUTIVE OFFICER /REGISTRAR OF JUSTICE AND COURTS ADMINISTRATION

This report is designed to offer a high level view of key areas of performance of the Ministry’s

planned activities during the period of July 2007- June 2008. The Report illustrates key areas that

have been achieved, weren’t achieved with the assistance of the Institutional Strengthening

Programme.

If one looks at the planned activities, it is to note the improvement in areas such as Capability

Building, Systems and Processes; Resources that have helped develop skills and upgrade

knowledge of the staff. There were also significant activities and tasks that have been planned and

allocated to the different divisions of the Ministry as part of its Quality Assurance Project. Another

milestone was the official opening of the Tuasivi office in Savaii which was funded by the

Government of Samoa.

Moreover, the Programme Coordinating Committee at its previous meeting approved the extension

of the current Institutional Strengthening Programme (ISP) to June 2009 due to other required

needs. The Courts complex building is still under construction and is expected to be completed by

the end of this year. This is significant as it will house both the Apia and Mulinuu offices of the

Ministry.

I would like to take this opportunity to convey my sincerest gratitude to the Honourable Minister

of Justice Afioga Unasa Mesi Galo and the Cabinet for their invaluable and continuing support. A

Heartfelt thanks to the New Zealand Government through NZAID for their tremendous

contribution. Finally but not least a big applause goes to the ACEOs and staff for their

commitment, support and hard work this year. Malo lava le galulue!

Faafetai tele lava,

2007 – 2008

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OUR VISION

Justice for a Safer Samoa

OUR MISSION

To Provide Quality Services for a

Prosperous and Safer Samoa

OUR VALUES & PRINCIPLES

We are committed to deliver and carry out our duties with:

Equity

Fairness

Loyalty

Open-minded

Confidentiality

Professionalism

Integrity/Honesty

Respect for the Rule of Law

Transparency & Accountability

Respect for the Samoan Culture

Respect for religious principle

Efficiency & Effectiveness

Respect for the Individual/Community

Co-operative Team Work

Customer Satisfaction

2007 – 2008

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OUR OBJECTIVES

To provide appropriate policy advice to the Minister and the Judiciary on all areas within the

responsibility of the Ministry of Justice and Courts.

To provide daily secretarial and administrative support to the Minister

To adjudicate cases before the Courts and to promote the development of Law.

To effectively and efficiently facilitate and monitor the development and evaluation of

Ministry Policies & Plans to enhance management decision making, planning and policy

development.

To effectively and efficiently coordinate Ministry’s Institutional Strengthening Programme

2006 – 2008.

To provide quality information to the Courts and the Prison Parole Board and to effectively

manage community based sentences.

To collect and monitor maintenance for destitute persons, to prosecute affiliation matters and

to undertake consultation in the promotion of social harmony.

To improve systems and processes to support the enforcement of Court Decisions.

To provide quality censoring services through accurate classification, effective enforcement

and education measures to maintain order and stability within the Samoan Society.

To provide effective & efficient administrative services to the Lands and Titles Court and

Court of Appeal.

To efficiently and effectively provide adequate and reliable researched reports to the Court,

President and the Registrar at Mulinuu

To manage disputes over Customary Lands and Matai Titles, and improve on the registration

of Matai Titles at Mulinuu Office.

To provide administrative, secretarial, transcription, translation and interpretation as well as

registration services to sustain the efficiency of the administration of Justice Mulinuu Office.

To provide efficient and effective services to the District and F.F. Court, Lands and Titles

Court, monitor re-integration of parolees and probationers and facilitate mediations and

research complaints regarding Customary Lands & Titles disputes for Tuasivi Office.

To improve full support to core functions through effective and efficient management of

financial, materials and human resources of the Ministry.

To provide quality financial support to the Ministry through effective and efficient monitoring

of the Approved Annual Budget.

To provide full support to core functions through effective and efficient IT support to the

Ministry.

2007 – 2008

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To provide an efficient and effective services to all core functions of the Ministry.

ORGANISATIONAL STRUCTURE

2007 – 2008

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DIVISIONAL ANNUAL REPORTS 2007 – 2008

CHIEF EXECUTIVE OFFICER

OBJECTIVE To provide appropriate policy advice to the Minister and the Judiciary on all

areas within the responsibility of the Ministry of Justice and Courts.

ACTIVITY 1: Provide Ministerial Advice

Projected

Volumes: Average of 24 reports, (twice per month) on any case relating to the State and

Ministry’s performance, twice per month

Average of 20 – 30 submissions

Advise to Minister with regards to matters discussed in Cabinet sittings average

of 4 per month and Parliament meetings of an average of 4 times per year

2 Overseas trips

Actual Report

Volumes: 1 weekly meeting (Minister & CEO)

Average of 3 ad hoc meeting each week (Minister & CEO)

1 monthly meeting (Minister, CEO and Executive)

20 submissions

4 weekly meetings with Minister with regards to matters discussed in Cabinet

sittings and Parliament sittings

No Overseas trips.

Comments: Meetings took place between the CEO and Minister on a regular basis, either met

informally or formally twice a week to discuss issues regarding the Ministry of

Justice, whether it was about the Management of the Ministry, complaints to the

Ministry, State issues, Ministry’s Capability etc. all matters were resolved

through mediations between the Minister, CEO and the Executive Team.

The CEO did not undertake any overseas trips rather preparations for his trip to

Hong Kong with the Minister in September 2009 took place during the period

under review

ACTIVITY 2: Provide Ministerial advice on required Legislations in conjunction with new

Institutional Strengthening Project

Projected

Volumes: 1 Regulation for the Lands & Titles Act

Legislation repeal Offenders Probation Act.

Young Offenders Act

Actual Report

Volumes: Regulation for the Lands & Titles Act is currently in conjunction with Public

Sector Improvement Facility Legislative Review Report.

Passed and implemented Community Justice Act 2008

Passed and implemented Young Offenders Act 2007

2007 – 2008

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Comments: The tasks in relation to the Review of the Lands and Titles Act are in conjunction

with the PSIF Legislative Review Project. This project is scheduled to take place

within two years targeting its completion within the Financial Year. 2009 – 2010.

The Probation and Parole section played a pivotal role in the processing of the

two Acts Young Offenders Act 2007 and Community Justice Act 2008

ACTIVITY 3: Advise to members of the Judiciary

Projected

Volumes: Average of 24 reports (12 reports for Criminal Courts, 12 Reports for Lands and

Titles Courts) on courts administration and support services

Actual Report

Volumes: 12 reports completed (6 monthly reports for Criminal Courts, 6 monthly reports

for Land Titles Courts)

Comments: The reports provided ensured Judiciary satisfaction and was in accordance with

procedures

ACTIVITY 4: Leadership and Managerial roles for Implementation of reforms in relation to

service delivery as identified in SDS

Projected

Volumes: 1 Annual Report 2006 – 2007

Management Plan 2008/2009

Monthly Management/Staff meetings

Monthly CEO Meetings hosted by PSC

Cabinet Development Committee monthly meetings

Overall Management of Ministry (Savaii & Upolu)

Two monthly visits to Savaii

Overall Management and supervision of ISP 2006/2008

Actual Report

Volumes: Annual Report 2006-2007 completed

Annual Report 2007-2008 First Draft completed

Completed Management Plan 2008-2009

Completed Capability Plan 2008-2009

Performance Management System implemented

3 visits to Savaii

Monthly ISP Task-force meetings

Comments With management systems and procedures in place the MJCA management team

finds it soothing the managing of staff and work. The implementation of the

Ministry’s Plans and Reports are inline with Government systems so as to ensure

good governance and transparency prevails.

Networking with government agencies is highly recommended within the

Ministry as a key to providing good service delivery and one way of achieving

this is through the CEO’s participation at the CEO’s Monthly meetings hosted by

the PSC and the Cabinet Development Committee monthly meetings

2007 – 2008

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There were only 3 visits to Savaii by the CEO this was due to cost and timeliness

constraints and thus opted for ACEO from Tuasivi to travel to Upolu instead to

update the Executive team. The CEO on his three visits to Savaii was mainly to

check on the work carried out for Tuasivi’s new complex. Otherwise the

Executive found the report submitted by Tuasivi’s ACEO satisfactory.

ACTIVITY 5: Quasi-Judicial Function

Projected

Volumes: Chairman of Film Control Board

Member of Prison & Parole Board

Registrar’s Duties

Marriage Officer Duties

Remanding Officer Duties

Actual Report

Volumes: 2 Film Control Board Meetings took place

7 Prison & Parole Board Meetings in July 2008

Conduct remands at average of 2 daily

Swearing in of Statutory Declaration at average of 3 daily

Assist in court taking

ACTIVITY 6: Consultation with Public

Projected

Volumes: An average of 40 consultations per week (20 for LTC, 20 for Apia Courts)

Actual Report

Volumes: 30 consultations per week on LTC and Criminal and Civil matter

3 presentation per month in response to Put invitations to conferences and

workshops

ACTIVITY 7: To provide data analysis of criminal offences to the Court Division (Upon

commencement of Court Analyst Position)

Projected

Volumes: Monthly analysis reports (12 monthly reports per annum)

Comments: Work is stalled due to Court Analyst resignation

ACTIVITY 8: Manage electronic storage of Court Decisions

Projected

Volumes: Situational analysis report of all databases on a monthly reports

Develop new databases to capture all Court Information

Actual Report

Volumes: Have developed databases for registrations and all Court information with the

Courts Technical Adviser

Electronic storage of monthly reports

Comments: Databases are updated not causing delays to the production of required analysis

and reports

Reliable information and sustainable system

2007 – 2008

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ACTIVITY 9: Capacity building of Staff

Projected

Volumes: Formal trainings on computer skills for database

Actual Report

Volumes:

Subjected to consultation with the Court Section on their availability

Comments: To enable database to be maintained accurately

ACTIVITY 10: Coordinate activities in relation to the Law and Justice Sector

Projected

Volumes: Monthly reports to management on Law and Justice Sector activities

Actual Report

Volumes: Verbally reported to the Ministry’s Management Team on Progress of the Law

and Justice Sector Plan activities on a Monthly basis and also made aware the

information made available from the Law and Justice Sector Plan Steering

Committee.

2007 – 2008

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JUDICIARY

OBJECTIVE: To adjudicate cases before the Courts and to promote the development of

Law. ACTIVITY 1: To hear and determine cases brought before the Courts

Projected

Volumes: An approximate of 15,000 - 20,000 cases per annum.

Criminal & Civil Courts

Court of Appeal – an average of 13 cases

Supreme Courts: an approximate of 857 cases

District Courts Apia: an approximate of 6700 cases

FF Court: an approximate of 3933 cases.

One court sitting of 2-3 days at Tuasivi Court

Lands and Titles Court

Mulinuu Tuasivi

Lower Court – 370 cases Lower Court – 350 cases

Court of Appeal – 95 cases Court of Appeal – 55 cases

Actual Report Volumes:

Criminal and Civil Courts:

Court of Appeal 16 cases heard and 13 were completed

Criminal Cases

heard

Criminal Cases

Disposed of

Civil Cases

Disposed of

Supreme Court: 4219 415 309

District Court: 6319 1949 848

Faamasinoga Fesoasoani: 6728 3812 956

Total 17266 6176 2113

Total Judgments by defaults by the Faamasinoga Fesoasoani Court 1078

Other Matters Dealt with by the Court:

Maintenance and Affiliation Cases:

Cases heard – 323

Cases disposed – 150

Coroners Court: Number of Inquests Heard – 78

Number of Inquests Disposed of – 18

2007 – 2008

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Public Service Commission Board of Appeals

Number of appeals heard – 1

Number of appeals disposed of –0

Various Cases received and registered for Court Decisions

Probates 89

Divorce 39

Deep Polls 8

Prohibition Orders 65

Admission of lawyers 17

Scholarship Bonds 56

Other Miscellaneous received 1025

Adoption 768

Lands and Titles Court:

Lands and Titles Court at Mulinuu Lower Court – 441 cases heard, 206 cases with decisions made while 235 cases

were adjourned

Court of Appeal – 135 cases heard

Lands and Titles Court at Tuasivi 358 cases heard

ACTIVITY 2: Enhance of Judicial knowledge and the development of Law

Projected

Volumes: 12 workshops by President for judges of the Lands and Titles Court.

4 consultative meetings for criminal and civil court judges

1 judiciary workshop

4 meetings of the judicial services commission

Overseas trips for Judiciary to conferences, meetings and workshops

2 overseas trips for President per annum.

2 overseas trips for LTC Judges per annum

Actual Report

Volumes: Successfully hosted the South Pacific Council for Youth and Children’s

Conference

6 Monthly Judicial Workshop

1 trip for Justice

1 trip for Justice Nelson 13-17 Oct 08 to Port Villa Vanuatu

5 meeting held for criminal and civil court Judges lead by the Chief Justice

2 meetings held for the Judicial Service Commission

Comments: Enhancement of Judicial knowledge readily assists with litigation and decision

making.

Improve access advance development of the Law overseas.

2007 – 2008

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MINISTERIAL SUPPORT

OBJECTIVE: Provision of daily secretarial and administrative support to the Minister.

ACTIVITY 1: Secretarial and administrative support services to Minister

Projected

Volumes: 100 – 150 letters typed for the Minister

Cabinet meetings – an average of 4 times a month

2 overseas Trips by the Minister.

Average of 4 Inter-Island Official Trips

Actual Report

Volumes: 12 letter prepared and sent

8 meetings during the period under review

1 overseas trip by the Minister and his Good Lady to Hong Kong in September

2008

4 trips to Savaii on a monthly basis

ACTIVITY 2: Checking and preparing of Cabinet Submissions

Projected

Volumes: 50 – 70 cabinet submissions from various Ministries under the Minister’s

Portfolio.

Actual Report

Volumes: 54 Cabinet Submissions prepared and submitted to Cabinet

ACTIVITY 3: Official Duties

Projected

Volumes: Cabinet sittings four times per month

Parliament Sittings an average of four a year

Average of 4 Government or Private functions where invited

Meetings with CEOs and Senior Officials of Ministries under Portfolio

Actual report

Volumes: 23 cabinet meetings during the period under review

100 % achieved

More than 10 Government private functions attended

1 weekly meeting (Minister & CEO)

Average of 3 ad hoc meetings each week (Minister & CEO)

1 monthly meeting (Minister, CEO & Executive)

2007 – 2008

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COURTS DIVISION – APIA

OBJECTIVE: To provide administrative, secretarial, transcription, translation and

interpretation as well as registration services to sustain the efficiency of the

administration of Justice.

ACTIVITY 1: Provide administrative services to the Courts

Projected

Volumes: Administer an approximate of 5,000-10,000 cases on criminal, civil, coroner,

family and youth court, auction, traffic matters decided by the Courts per annum

as well as PSC Board of Appeal, Adoptions

Case management and administrative services to all cases heard before the

Courts

Actual Report

Volumes:

Appeal Court

Cases Heard - 16

Cases Disposed of - 13

Supreme Court:

Criminal Cases Heard - 4219

Criminal Cases Disposed of - 451

Civil Cases Heard - 789

Civil Cases Disposed of - 278

District Court:


Criminal Cases Disposed of -1949



Maintenance Cases Filed - 323

Maintenance Cases Disposed of - 150

Coroners Inquests Filed - 78

Completed Coroners Findings – 18

Public Service Commission Board of Appeal

Cases Heard - 1

Cases Disposed of - 0

Faamasino Fesoasoani Court:


Criminal Cases Disposed of - 3812



2007 – 2008

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Comments: A total of 16 Court of Appeal cases were scheduled to be heard, 13 have been

completed but 3 cases were adjourned on application by the appellants and

consented to by the respondents. The 3 adjourned cases are expected to be heard

within the next financial year. The South Pacific Games and the mediation

trainings in November and early 2008 impacted on the workload of the Supreme

Court.

ACTIVITY 2: Provide translation/interpretation services to the Courts

Projected

Volumes: Translation & Interpretation an approximate of 5,000-10,000 cases on criminal,

civil, coroner, family and youth court, auction, traffic matters decided by the

Courts per annum as well as Public Service Commission Board of Appeal.

Translation/Interpretation services to an approximate 50 one week long trials in

the Supreme Courts per annum.

Staff Training

Actual Report

Volumes: All transcripts for the 5 criminal cases heard by the Court of Appeal were

translated.

Translation for 21 assessor trials and every other case heard by the Supreme

Court which required translation was translated

Translation was provided daily when required for all cases heard in the District

Court

Translation was also provided daily for all cases dealt with by the Faamasinoga

Fesoasoani Court

Comments 1 Assessor Trial in the Supreme Court was declared a mistrial and adjourned due

to poor translation. All of the experienced translators had to attend the mediation

training. Other than that no other adverse comments were received from the

Judiciary and litigants. Trainings for Court Staff will continue.

ACTIVITY 3: Registration services to all Court related matters

Projected

Volumes: Check and Register all matters filed with the Registry for the Court.

Document and Implement Electronic Registration (Database) and storage of all

court related matters filed with the Registry.

Actual Report

Volumes: Cases Filed

Supreme (Civil) - 196

District & F.F Court (Civil) - 1818

Miscellaneous Cases - 1089

Divorce – 42

Probates and Letters of Administration – 113

2007 – 2008

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Comments: Civil Cases filled comprises of Ordinary Claims and Judgment Summons. The

Miscellaneous Register records other cases including Adoptions, Scholarship

Bonds, Admissions, Prohibition Orders, Deed Polls, and every other type of

application.

ACTIVITY 4: Streamline Court Procedures

Projected

Volumes: Review current case management practices, agree process timeframes and

responsibilities

Document and Implement Improvements required.

Conduct training for the staff and stakeholders.

Actual Report

Volumes: Completed preparation and training of Civil Checklist distributed to Law Firms

Civil and Criminal Manual are available

Court takers Guide

Court fees

Comments: The above documents have been completed. Training of Court staff was

conducted with the assistance of the court adviser under the I.S.P but it is

intended that the trainings will continue given the volume of documents

produced after review. The documents are also prepared so that it is also a

training package for the staff and new recruits.

ACTIVITY 5: Semi – Judicial Functions

Projected

Volumes: Remanding officers,

Swearing and signing of documents,

Training and support of staff with Registrar’s powers,

General advise for the Public at the counter and over the phone, Adjourn cases,

Serving the Judges,

Court Taking,

Conduct auctions/sales and Enter Judgment in Civil Default cases

Actual Report

Volumes: Default Judgments entered by the Registrar - 213

Total Remands conducted during this period - 1697

Mortgagee Sales - 34

Comments: Other semi judicial functions are ongoing daily; the Guide to Registrars powers

has also been completed under the activities of the I.S.P. Of the 1697 remands,

1156 is attributed to the District Court, 276 to the F.F Court and 265 to the

Supreme Court.

ACTIVITY 6: Provide secretarial and transcription services to the Courts and Judiciary

Projected

Volumes: All Judges secretarial services are complete

Transcription and electronic/manual recording of court proceeding

Training in secretarial and transcription services.

2007 – 2008

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Actual Report

Volumes: On going secretarial work provided for all cases in all Courts

Comments: No adverse comments were reported from the Judiciary or litigants regarding the

performance of duties by the Judges Associates. An increase in demand for

transcripts of evidence in both criminal and civil cases has increased the

workload for associates. Updating PAClii with recent court decisions is also

ongoing.

ACTIVITY 7: Implement Quality Assurance System

Projected

Volumes: Document of procedures and performance standards

Actual Report

Volumes: Civil and Criminal Guides

Civil Ready Reference Checklists Completed

Standard Operating Procedure for Assessor Trials

Comments: A majority of procedures have been documented in the Civil and Criminal

Guides for Court Staff completed under the activities for the I.S.P. The guide

provides a step by step description of the processing of all the different civil and

criminal applications filed to the court.

The Ministry has also provided training for the Court Division on the

Performance Management System for all Ministry Staff. Implementation will

also be underway

ACTIVITY 8: Develop Policies

Projected

Volumes:

Identify at least one policy to be developed

Actual Report

Volumes: As part of the Executive Development Programme, Group 1 which was

represented by a majority of Court Staff worked on identifying an area of

services provided which required improving. Tracking the Criminal Court File

was identified. This gave rise to the current practice being performed requiring

the Remanding Officer to record on a register of Remands all remands made

daily as well as following the procedures set out.

2007 – 2008

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CORRECTION, MAINTENANCE AND AFFILIATION AND WARRANTS DIVISION

Probation and Parole Section OBJECTIVE: To provide quality information to the Courts and the Prison Parole Board

and to effectively manage Community Based Sentences

ACTIVITY 1: To provide information to assist the Court in sentencing

Projected

Volumes:

600 Pre-sentence reports

150 Community work assessments/ an average of 300 full report per year

50 Supplementary reports

Actual Report

Volumes:

Table 1 below shows that the total number of full pre-sentence reports submitted

before the Supreme (138) and District Courts (410) within this reporting period

were 548. This number however is exclusive of three (3) pre-sentence reports

submitted for the Faamasinoga Fesoasoani Court for the month of August 2007.

In total the number of full-pre-sentence reports submitted before the Courts were

652. There were 14 supplementary reports submitted and mainly on habitual

offenders or offenders who have re-offended.

Table 1:Full Pre-sentence, supplementary reports and letters submitted for the Courts

Months Supreme

Court

District

Court

Faamasinoga

Fesoasoani

Letters Supplementary

Reports

2007

July 14 33 0 3 2

August 3 40 3 11 1

September 7 21 0 4 1

October 6 25 0 4 4

November 10 32 0 8 4

December 6 23 0 6 1

2008

January 4 32 0 4 1

February 28 47 13 0

March 12 35 0 7 0

April 13 46 0 7 0

May 22 22 0 13 0

June 13 54 0 7 0

Total 138 410 3 87 14

2007 – 2008

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Figure 1: Trend in Supreme, District Court Reports & Letters

Pre-sentence Reports July 07-Jun08

0

10

20

30

40

50

60

July

August

Septem

ber

Octo

ber

November

December

January

February

Marc

hApril

May

June

Months

Tot

al

Supreme

District

Letters

Supplementary

ReportsLinear (Supreme )

Linear (District )

Linear (Letters)

Figure 1 above indicates that District Court pre-sentence Reports account by far the highest

number of pre-sentence reports which is 410 accounts for 74.4% of the total number of reports

submitted to the Courts. Supreme Court pre-sentence reports on the other hand show that 25% or

138 reports were submitted within this reporting period. There is a clear indication that the

number of District Court and Supreme Court Reports are gradually increasing. The number of

letters is also steadily increasing.

Figure 2: Reports ordered by the Courts July07-Jun08

478, 85%

87, 15%

Reports submitted

Letters

Figure 2 above shows that only 15% of the total reports ordered were not submitted due to

various reasons beyond the Probation Office’s control and were clearly documented in letters

supplied to the Courts. These common reasons include;

Offenders failing to turn up on their scheduled day of interview

Probation Officers failing to locate the whereabouts of offenders in their details given on

Mentions Date.

Recidivist offenders, who are familiar with the system, tend to avoid turning up for their

reports to prolong their going to prison.

Others have changed their plea to guilty while some have decided to exercise their rights and

prefer not to be interviewed for a report.

2007 – 2008

A N N U A L R E P O R T 2 0 0 7 - 2 0 0 8


ACTIVITY 2: To provide quality pre-release reports to the Prisons Parole Board

Projected

Volumes:

Average of 25 per Parole sitting

Actual Report

Volumes: Table 2 below shows that the number of reports prepared for inmates varies with

each Parole Board Hearing. There were four Parole Board Hearings within this

reporting period in the months shown below;

Table 2: Pre-release reports and inmates released on parole

Parole Board Hearings Pre-release reports

for eligible inmates

Inmates released on

parole

September 11 3

December 18 9

April 15 7

June 9 1

TOTAL 53 20

Figure 4 below shows that despite the variation in the number of inmates eligible for parole, the

general trend is that inmates released on parole have drastically declined. The attitude of the

Parole Board has changed towards granting parole in light of the seriousness and prevalence of

certain offences especially sexual offending, burglary, theft and violent. The Parole Board

considered various factors which have made it difficult for parolees to be easily granted parole

and for many parolees they are only released after their third or forth deferral.

Figure 3:

Pre-release Reports and inmates released Jul07-Jun08

0

2

4

6

8

10

12

14

16

18

20

September December April June

Parole Board Hearings

Tota

l

Pre-release reports for

eligible inmates

Inmates released on

parole

Linear (Inmates released

on parole)

2007 – 2008

A N N U A L R E P O R T 2 0 0 7 - 2 0 0 8


ACTIVITY 3: To manage Court directed diversion - Facilitate diversion (meeting), Prepare

diversion reports, Supervise and monitor the diversion agreement and Prepare

reports on diversion agreement.

Comments: No order on diversion

ACTIVITY 4: To manage Court directed Young Offenders’ pre-sentence process – Facilitate

Young Offenders pre-sentence meetings, Prepare Young Offenders pre-

sentence reports and agreements and Supervise and monitor the Young

Offenders pre-sentence agreements.

Actual Report

Volumes:

No court order on pre-sentence meetings as the court was satisfied with the

matters coming before the courts. Young offenders were mainly sentenced on

community work and supervision.

ACTIVITY 5: To manage offenders on Community Based Sentences

Projected

Volumes:

80 Community Work

100 Supervision (Probation)

80 Parolees


The new Community Justice Act which repealed the old Offender’s Probation Act was passed in

February 2008, however as shown in the table above prior to its effective date judges were

already implementing the new legislation. The new legislation provides for the two community

based sentences of community work and supervision to be stand alone sentences where

necessary.

Table 3 and Figure 4 below show that out of the three types of sentences, community work is

significantly escalating while the other two are steadily also increasing. There are various

reasons why community based sentencing options have become popular which include:

Judiciary’s shift of sentencing options from punitive to more rehabilitative and re-

integrative

Judiciary concern over offenders being sent to prison and coming out as hardened

criminals

Judiciary considering of benefits and support of communities and families.

Judiciary considering the opportunities offered by the new legislation especially for the

youth in petty offending.

This was the initial stage of implementation of the two new legislations and accordingly

reflected in the deviation from set figures. The improved quality in ongoing staff development

and discussion of issues that the role of senior officers to edit reflected in the sentencing of the

Judges and an increased confidence by the Judges to use community based sentences.

2007 – 2008

A N N U A L R E P O R T 2 0 0 7 - 2 0 0 8


Table 3: Community Based Sentencing Options

2007 Jul Aug Sep Oct Nov Dec Total

Community Work 0 0 0 1 4 2 7

Supervision 1 3 0 0 1 0 5

Community Work & Supervision 3 4 4 1 1 1 14

2008 Jan Feb Mar Apr May Jun Total

Community Work 5 8 1 10 2 7 33

Supervision 0 1 1 0 4 3 9

Community Work & Supervision 0 3 4 3 4 5 19

Total 9 19 10 15 16 18 87

Figure 4: Trend in Community Based Sentencing Options

Community based sentences Jul07-Jun08

-2

0

2

4

6

8

10

12

July

Augus

t

Septe

mbe

r

Octob

er

Nov

embe

r

Dec

embe

r

Janu

ary

Febru

ary

Mar

chApr

ilM

ayJu

ne

Months

Tota

l

Community Work

Supervision

Community Work &

Supervision

Linear (Community

Work)

Linear

(Supervision)

Linear (Community

Work &

Supervision)

ACTIVITY 6: To develop and coordinate the Remedial Program

Projected

Volumes: 4 programs of a minimum of 5 sessions


Samoan Culture

The Toe Tomanatu program usually starts with sessions revamping the significance of the

Samoan culture to participants’ lives. Agafili Tolovaa, a life parolee and also a curriculum

coordinator for the Ministry of Education was delivering this program. The program covers

basic fundamental aspects of the faa-Samoa ranging from family settings to village and church

activities. Participants have shown great interest in this program as some of them realized that

2007 – 2008

A N N U A L R E P O R T 2 0 0 7 - 2 0 0 8


they have started to drift away from it. Furthermore, some of them confessed as one of the main

reasons of their offending behaviour. There were four sessions in this program which concluded

on preparation of taufolo and umu on the last week of July 2007.

Elei Printing

This is a very popular program for Toe Tomanatu and it has been running for several years. The

uniform for the Ministry was also included in this program and it was a great success.

Participants appreciated this program as most of them are looking for employment or some form

of income. The elei materials are kept in the office until the Teuila festival each year where they

are sold in order to sustain the program financially. This program covers the whole month of

August up until the first two weeks of September 2007 during the Teuila festival. It was also

running between May and June 2008 in preparation for SPYCC meeting on July 2008.

Influences of drugs and alcohol

This program was facilitated by the Drugs and Alcohol Awareness division of the Ministry of

Health. Participants were selected according to their offence and the needs identify during the

pre-sentence report interview. The program covers all aspects of drugs and their impact on

people, range from health to financial implications not to mention personal relationships and

individual obligations. Participants were learning a lot from the two sessions on the last couple

of weeks of September 2007.

Handicraft

This is a new program which covers only two types of Samoan made handcrafts, fale-Samoa

and vase. These two products are made from coconut shells, sticks, clue, varnish, and sand

however, it depends on different styles. The facilitator for this program was a probationer who

was supplying these products to the stalls at Savalalo flea market. This was also an ideal

stepping stone for some of the participants to earn an income. This program was running during

the month of October 2007.

Vegetable Garden

This approach was to show participants more technical methods of growing various plants. The

Ministry of Agriculture division at Nuu was responsible for this program. The Toe-Tomanatu

program visited Nuu Crops at Faleula uta and they appreciated the sessions held during the field

trip. It was a huge challenge for the program to organize a vegetable garden but participants

appreciated the outcome of their hard work. This program started on November and covers the

rest of the year 2007. It was also running on April up to June 2008 alongside elei printing in

preparation for the SPYCC meeting of July 2008.

Flora Arrangement

This was made possible with support from Rosita Nickel, who facilitates and organizes the

flowers and other resources for this program. Both male and female participants were keen to

learn this useful skill not only an opportunity to earn an income but also useful for everyday

2007 – 2008

A N N U A L R E P O R T 2 0 0 7 - 2 0 0 8


special events. Participants appreciated these sessions as they can realize how they can support

their family and church during special occasions. This program was running within the first

two weeks of June 2008.

ACTIVITY 7: To develop community resources to support the rehabilitation and reintegration

of offenders in society.

Projected

Volumes: Not applicable


The capacity building of community justice supervisors is conducted through using the stated

procedures in the Operations Manual. In the process of induction, the community justice

supervisors are clearly inducted and trained with the expectations of the Probation Office in

accordance with the legislation. Community work and supervision packages are made available

to the community justice supervisors or sponsors and they are clearly inducted on their expected

roles and responsibilities as well as the offender. Other documents in the package include the

contract or agreement as well other information brochures by the Probation and Parole Service.

This information is essential for community justice supervisors and sponsors to support the

rehabilitation and reintegration of offenders in society.

To further expand on the capacity building of community justice supervisors or sponsors, the

Ministry of Justice has identified this as a priority area in its Work Plan for 2009/2010 under

UNICEF.

ACTIVITY 8: To develop and maintain the capacity of staff to deliver effective probation

work.

Projected

Volumes:

To conduct a training needs analysis and develop a training plan


Regular sessions were conducted within the Probation Service using the practice forum medium.

Staff was trained in accordance with the requirements of each procedure of the Operations

Manual with the assistance of the Technical Advisor Lesley Campbell. Individual interviews

were also conducted with individual staff about the ISP and the take up of new practice. The

feedback has been very positive and it has been good to reflect on how much the probation staff

have achieved and how much of the new practice is now part of staff day to day work.

There is confidence among staff that with the manuals and guidelines they have a clear sense of

their role as Probation Officers and what they need to produce quality work. The improved

quality is being reflected in the sentencing of the Judges and an increased confidence by the

Judges to use community based sentences.

Trainings executed by Lesley include Practice Supervision / Performance Management. The

Senior Probation Officers were trained in their role to provide practice supervision to staff. In

November 2007 Lou Avia the exchangee on secondment in Samoa from New Zealand ended his

2007 – 2008

A N N U A L R E P O R T 2 0 0 7 - 2 0 0 8


exchange.

Other Ministry wide trainings include management plan and budget review, service charter

review and corporate plan and management plan design for next financial year. Performance

Management System (PMS) training on Interviewing and Assesments and Exchanges (2) to New

Zealand Department of Correction (NZDOC) for 5 months each. Also regular review and

feedback from Management on performance. Another one for EDP conducted by Tuli and Fata.

New filing system used by the Probation and Parole Service, where an index guides the reader to

the contents of supervision files.

On 20th February, the Ministry of Justice has tried to foster good partnership with the Samoa

Umbrella for Non Government Organisations in the hope for them to deliver relevant

rehabilitation programme to cater for the needs of offenders.

Community Awarenes programmes were conducted by the Ministry of the newly passed pieces

of legislations. On the 12th March 08 at Aleipata Congregational Christian Church at Lepa, 14th

March 08, central town area at the Women’s Building. On 17th March a programme was done at

the Itu o Tane District in Savaii and on the 27th an awareness was done for the Salelologa

District at Fatausi.

There was also a television awareness programme by Masinalupe on the Samoa Le Aso

Programme on TV3 on 5th March 08.

2007 – 2008

A N N U A L R E P O R T 2 0 0 7 - 2 0 0 8


Maintenance and Affiliation Section

OBJECTIVE: To collect and monitor maintenance for destitute persons, to prosecute

affiliation matters and to undertake consultation in the promotion of social

harmony

ACTIVITY 1: To obtain maintenance and provide monitoring services

Projected

Volumes: An average of 350 fresh claims to be filed for Apia and 50 for Tuasivi

An average of 10 weekly reminders and assessments of dosobedient matters

Disobedience – filing of an average of 100 matters on arrears for Apia, and 20 for

Tuasivi

Execution of an average of 30 warrants of commital for non payments

Departure Prohibition Orders – average of a 100 DPOs

Carrying out weekly visitations (spot check) for Apia and monthly for Tuasivi

Average of 15 statutory declarations per month


Figure 5:

342

127

68

14

71

19

0

50

100

150

200

250

300

350

Fresh

Claims

Reminders Arrears Warrant of

Commital

Departure

Prohibition

Visitation

Number of Cases handled between Jul 07 to Jun 08

Comments:

Figure 6:

Outcomes of Fresh Maintenance Claims

07/08

Proceed to

Court, 39%Settled after

Pre-Court

Mediation,

61%

2007 – 2008

A N N U A L R E P O R T 2 0 0 7 - 2 0 0 8


Figure 6 shows that more than half (61%) of fresh claims were settled after mediation by the

Office. This is a clear indication that adopting the Samoan practice of ‘soalaupule’ is effective in

handling family disputes and it is a practice Samoan people are comfortable with.

Figure 7:

Outcome of Cases that Proceeded to Court

60%

38%

2%

w ithdraw n

adjournedcourt order

The graph shows that more than half of cases that proceeded to court were withdrawn as a result of

further attempts by the Ministry to settle. Only 2% of cases were further adjourned by the Courts

mainly to hear evidence pertaining to the applications filed. 38% of application filed received

court orders.

ACTIVITY 2: Provide Affiliation Services

Projected

Volumes:

Prosecution of a 100 affiliation cases


Table 3:

Comparison of Affiliation Cases Between 2006/2007 and 2007/2008

July 2006 – June 2007 July 2007 – June 2008

129 144

A total of 144 fresh 1affiliation cases were filed between July 2007 and June 2008, an increase of

15 cases than the previous year.

Comments Of the 144, the graph below gives a further breakdown of the different age groups

of the applicants.

1 Affiliation cases are cases that either the woman gave birth and not living together as husband and wife or that the

couple are cohabiting as husband and wife but never married.

2007 – 2008

A N N U A L R E P O R T 2 0 0 7 - 2 0 0 8


Figure 8:

Age Groups of Applicants

0

10

20

30

40

50

Age Range

Num

ber o

f App

lican

ts

Series1

Series1 12 40 32 33 19 4 4 0

15-20 21-25 26-30 31-35 36-40 41-45 46-50 51+

It appears from the graph that young women between the age ranges of 21-25, 26-30 and 31-35

constitute the highest number of applicants. It is of concern the increasing number of young

women between the age range of 15-20

ACTIVITY 3: Strengthen storage of records and documents

Projected

Volumes:

Database Binding and Update Electronic storage of all files.

Actual Report

Volumes: 100% of all active files are electronically indexed and physical files properly

repaired. Electronic index of files dated back to 1992.

ACTIVITY 4: To promote social harmony

Projected

Volumes:

An average of 50-100 consultative meetings between parties.


All of the 342 fresh claims first went through a pre-court consultation. An overview of all cases

which were resolved due to parties’ consultation and mediation.

Table 4:

How cases were Resolved

Pre-Court

consultation

Court-annex

consultation

Court Order Pending Court

Decision

Total

209 78 53 2 342

Approximately 84% of all fresh claims were settled by mediation either before court or during

court proceedings. The remaining cases were settled by court orders.

ACTIVITY 5:

Prepare Statutory Declaration

Projected

Volumes:

This activity was specifically for anyone of the public requesting assistance for a

Statutory Declaration

Actual Report

Volumes: On going

2007 – 2008

A N N U A L R E P O R T 2 0 0 7 - 2 0 0 8



Projected


Actual Report

Volumes: Completed overview of procedures, details of processes and responsible officers.

Inserting standards required for each procedure will be completed in the next

annual reporting year.


Projected

Volumes: Identify at least 1 policy to be developed

Actual Report

Volumes: There was no area Policy is required for as everything was covered by the Act

and there was already work underway of amending the Maintenance Act.

Consultancy work was done by the Latu and Ey Law Firm.

Comments: Amendments yet to be signed off.

2007 – 2008

A N N U A L R E P O R T 2 0 0 7 - 2 0 0 8


Warrants Section OBJECTIVE: To improve systems and processes to support the enforcement of Court

Decisions.

ACTIVITY 1: Manage Court directed decisions

- Fines collection

- Restitution

- Compensation

- Court cost

Projected

Volumes: An average of 2000 warrants of commitment prepared for Apia and 300 for

Savaii per annum

Actual Report

Volumes:

1739 warrants were issued from July 2007 to June 2008. The reduced in the

actual volume depended largely on the number of cases filed by Police and

decided on by the Courts. Nevertheless, the Section was able to collect the

estimated revenue of $100,000.00 set for this financial year. A total of

$107,019.00 amount of monies have been collected from 1078 warrants.

Warrant issue Warrant collected

1,739 1,078

Comments:

The staff went through a regular on-the-job training for five weeks on procedures

and processes since 50% of the staff that came on board during this time were

new. This was also necessary as the Section had just gone through a review of its

procedures and processes and staff needed to be trained on the revised systems

and procedures in order to be more efficient and effective. The end result was the

achievement o the set revenue target for the first time.

ACTIVITY 2: Enforcement of Civil debts

- Issue of warrants (committal)

- Discharge

Projected

Volumes: An average of 600 warrants of committal issued per annum.

An average of 100 requests to discharge received.

Actual Report

Volumes:

Issue Paid in full Discharge Withdraw

451 113 68 21

Comments: Warrant of committal is a process that is determined largely by the judgment

creditor. The Ministry will process a warrant to imprison any judgment debtor for

failure to comply with the court’s judgment if a creditor applies for a warrant.

2007 – 2008

A N N U A L R E P O R T 2 0 0 7 - 2 0 0 8


ACTIVITY 3: Manage serving of court processes

- Delivery of correspondence, delivery of court decisions and Serving of

court summons. (maintenance & Assessor )

Delivery of appeal board letters.

- Call over, Lands and Title court summon, Maintenance reminder, and

Information of mediation date.

Projected

Volumes: An average of 1000 letters delivered per annum.

1000 summons delivered (maintenance & Assessor)

Actual Report

Volumes:

2 852 letters

Received Served

2657 2414

Comments: The Ministry allocated a vehicle specifically for the delivery of court documents

and summons in an effort to reduce the delay in the serving of court documents to

the public. Since then, the number of cases adjourned at the Land and Titles

Court as a result of non delivery of summons has been greatly reduced to none.


Projected

Volumes:

Documentation of procedures and performance standards

Review of procedures and process

Actual Report

Volumes: Documentation of procedures and process completed ‘Warrants Handbook’.

Comments: There was a need to document all procedures and processes for consistency in

approach and performance and compliance with legislative requirements. Staffs

have been trained on the Handbook and regular meetings and reporting on a

monthly basis ensures effective and efficient performance.


Projected

Volumes:

Identify at least 1 policy to be developed

One policy was documented in the Handbook specifically for mail for Land and

Titles Court. The policy was discussed and endorsed by the CEO and

Management.

Actual Report

Volumes: Policy on mail has been implemented

Comments: The policy has been reviewed twice due to issues and changes implemented but

yet to be documented in the Handbook.

2007 – 2008

A N N U A L R E P O R T 2 0 0 7 - 2 0 0 8


LANDS & TITLES COURT DIVISION – MULINUU

Lands & Titles Court Section OBJECTIVE: To provide effective and efficient administrative services to the Lands and

Titles Courts and Court of Appeal.

ACTIVITY 1: To provide administrative services to the Lands and Titles and Court of Appeal.

Projected Volumes:

Timely fixtures an approximate of 900 customary land and titles petitions for Court Hearing.

Advertise 500-600 petitions for publication in the Savali.

Attend 4 Courts including COA on behalf of Registrar

Timely fixtures of 130 Court of Appeal and Leave to Appeal for Court hearing.

300-400 letters prepare with copies of Appeals and Replies of any case to parties involved.


Table 5:TALLY OF DECISIONS MADE AND ADJOURNED CASES

2007 July August September October November December

DECISIONS MADE

ON CASES 21 14 24 20 17 11

ADJOURNED

CASES 17 9 13 21 23 16

2008 January February March April May June

DECISIONS MADE

ON CASES 7 15 15 22 19 21

ADJOURNED

CASES 10 35 20 24 26 21

Figure 9:

PERCENTAGE OF DECISIONS MADE AND

ADJORNED CASES

ADJOURNED

CASES, 235,

53%

DECISIONS

MADE ON

CASES, 206,

47%

DECISIONS MADE ON

CASES

ADJOURNED CASES

2007 – 2008

A N N U A L R E P O R T 2 0 0 7 - 2 0 0 8


TALLY OF CASES HEARD IN THE COURT OF APPEAL, TIMELY FIXTURES OF

COURT OF APPEAL/LEAVE TO APPEAL

MONTH

CASES HEARD

IN THE COURT

OF APPEAL

NEW

APPEAL

CASES FILED

APPLICATIONS

FOR LEAVE

FILED

LETTERS

PREPARED

2007

July 10 5 5 40

August 9 10 14 47

September 30 15 22 51

October 18 12 16 28

November 14 10 13 40

December 4 8 10 17

2008

January 5 10 13 67

February 7 7 8 79

March 8 9 12 38

April 6 6 7 60

May 16 5 7 48

June 8 9 11 36

TOTAL 135 106 138 551

Figure 10:

CASES HEARD IN THE COURT OF APPEAL, NEW

APPEALS FILED, APPLICATION FOR LEAVE FILED AND

LETTER PREPARED

0

10

20

30

40

50

60

70

80

90

Jul-07

Aug-0

7

Sep-0

7

Oct-07

Nov-0

7

Dec-0

7

Jan-08

Feb-08

Mar-0

8

Apr-0

8

May-0

8

Jun-08

MONTH

ACTU

AL VO

LUME

S

CASES HEARD IN THE

COURT OF APPEAL

NEW APPEAL CASES

FILED

APPLICATION FOR LEAVE

FILED

LETTERS PREPARED

2007 – 2008

A N N U A L R E P O R T 2 0 0 7 - 2 0 0 8


Figure: 11 PERCENTAGE OF PETITIONS HEARD IN COURT,

ADJOURNED PETITIONS, PETITIONS FOR

PUBLICATION

PETITIONS

HEARD IN

,COURT, 658

39%

ADJOURNED

,PETITIONS

22% ,362

PETITIONS

FOR

PUBLICATION

IN THE

,SAVALI, 655

39%

Comments: The number of fixtures depends solely on the number of petitions being filed to our

service. The remaining 35% are the petitions not heard due to reasons such as

applications from parties for an adjournment, matters that were adjourned due to

summons not delivered to parties.

Some petitions are not publicized due to files not registered for publications. The

petitions in the files were fixed but were either filed away or being used by other

officers to serve clients regarding the matter.

Pertaining to figure 9, the percentage of Adjourned cases (53%) is higher than that of

decisions made on cases with only 47%, due to several reasons:

Parties requesting for adjournment.

Ruling by the Court (to await appeal decisions)

Public holidays.

Figure 11, shows the percentage of petitions heard in court, adjourned petitions and

petitions published in the Savali.

According to the number of new appeals filed into our service more that 50% of

decisions are appealed by parties.

ACTIVITY 2: Provide secretarial services to the President and Court.

Projected

Volumes: Taking notes of court proceedings in Samoan Shorthand transcribe and typing of

court proceedings, Lower Court Decision and Court of Appeal.

Record minutes of all Presidents and Samoan Judges monthly meetings.

12 meetings in a year.

Record minutes of 4 Parole meetings in a year.

Record minutes of 24 management meetings in a year.

Type 12 edition Savali publication in a year

2007 – 2008

A N N U A L R E P O R T 2 0 0 7 - 2 0 0 8


To set Presidents appointment.

An approximate of 10 appointments set from NZAID and AUSAID and 30 for the

public in a year.

An approximate of 727 files referred to the Presidents for his opinion are properly

taken care of and returned to the Registrar for completion.

To facilitate and liaise all requirements of the Presidents, an estimation of 6 overseas

official travel and 20 to Savaii.

An estimate of 20 draft correspondences for Presidents signature as directed from

time to time.

Answering the telephone and received messages when the right person is not

available.

Actual Report

Volumes:

100% of all tasks were achieved in relation to court proceedings, Samoan Judges

monthly meetings, parole meetings, management meetings, Savali Publication.

Comments: 90% of all tasks in relation to the President were achieved. All files were secured

and have been handed to the President for comments. The President’s travel

requirements both local and overseas were achieved. Correspondences were also

achieved.


Projected


Actual Report

Volumes: Completed stage 2 of Q.A.

Comments: Court Procedural Rules in draft form.


Projected


Actual Report

Volumes: Policies were developed but have yet been finalized and not have been put in paper.

This process is still on-going.

Comments: The main factor behind the delay is that much time has been used in everyday tasks

regarding day to day work.

2007 – 2008

A N N U A L R E P O R T 2 0 0 7 - 2 0 0 8


Research & Report Writing Section

OBJECTIVE: To effectively and efficiently provide adequate and reliable researched

reports to the Court, President and the Registrar.

ACTIVITY 1: To provide researched reports for the Court, the President and the Registrar

Projected

Volumes: An approximate of 600-650 researched reports for the Courts per year.

Research and prepare an average of 200-250 reports for the President per annum

Research and prepare an average of 250-300 reports for the Registrar per annum.

Actual Report

Volumes: 427 reports for the Court

39 reports for the President

173 reports for the Registrar

Table 6: ACTUAL VOLUMES OF REPORTS PREPARED ON A MONTHLY BASIS

MONTH COURT PRESIDENT REGISTRAR 2007

July 38 2 18

August 42 7 31

September 45 2 9

October 35 4 18

November 49 3 21

December 12 5 7

2008

January 20 4 28

February 38 1 3

March 38 2 4

April 42 2 14

May 32 3 10

June 36 4 10

Total 427 39 173

Comments: Adequate and transparent researched reports to assist Judicial Officers in making

impartial, consistent and most informed decisions

Provide adequate replies for public queries in accordance to Ministry policies

within 5 working days

Projected Volumes of reports for the Court, President and Registrar not achieved.

This is due to the fact that reports are prepared according to Court fixtures, and

according to requests from either President or Registrar. Activity 1 still in

progress, as the number of reports prepared is according to the number of Court

fixtures prepared by the Court Section and reports prepared for the President and

2007 – 2008

A N N U A L R E P O R T 2 0 0 7 - 2 0 0 8


Registrar depends solely on requests for reports and also depends on the queries

put forward by the public for either President or Registrar.

ACTIVITY 2: Conduct Briefings for the Judicial Officers

Projected

Volumes: An approximate of 100 briefings carried out per annum

Actual Report

Volumes:

NIL

Comments: The projected volumes of briefings conducted not achieved. There were no

briefings conducted from the month of July 2007 to June 2008 mainly because

there were no requests from judicial officers (Deputy President, Judges) for

briefings. Briefings are only conducted when it is requested by the Deputy

Presidents or Judges, when there is a need for the Research/Report writing

officer(s) to clarify his/her report if by any chance the report is not clear and

additional information is needed.


Projected


Actual Report

Volumes:

Stage 3 to complete

Comments:

Still in progress

ACTIVITY 4:

Develop Policies

Projected


Actual Report

Volumes: 1

Comments: Still in progress. Not yet committed to paper or have been finalized yet.

2007 – 2008

A N N U A L R E P O R T 2 0 0 7 - 2 0 0 8


Mediation and Registration of Matai Title Section

OBJECTIVE: To manage disputes over customary land and matai titles, and improve on

the registration of matai titles.

ACTIVITY 1: To manage disputes of matters pertaining to customary land and matai titles

Projected Volumes:

To receive approximately 1700 new matai titles, check and prepare for publication.

Check list of matai titles after 3 months period.

Identify objected matai titles and refer to court.

Identify matai titles without objection for registration.

To conduct 4 meetings with the Pulenuu Committee, 2 for Upolu and 2 for Savaii.

Prepare approximately 200 matai title certificates.

Electronic registration of matai

Checking of matai titles listed in approximately 50 applications for licenses to sell alcohol

Actual Report

Volumes: 4545 new matai titles checked and prepared for publication.

1834 matai titles for registration after 3 months period.


1834 matai titles without objection for registration.

4 meetings with the Pulenuu Committee, 2 for Upolu and 2 for Savaii.

62 matai title certificates.

15 districts in the Electronic registration System of matai.

60 applications for licenses to sell alcohol.

Comments:

4545 new matai titles check and prepare for publication. The huge increase is

due to the increase number of pepa saofa’i received for publication this year.




4 meetings with the Pulenuu Committee, 2 for Upolu and 2 for Savaii. These

meetings were scheduled and conducted this year as capacity building for

Pulenuu & Sui o le Malo in providing accurate information for matai certificate.

62 matai title certificates this year as per request by the public.

15 districts in the Electronic registration System of matai. A continuous activity

2007 – 2008

A N N U A L R E P O R T 2 0 0 7 - 2 0 0 8


to document all registered matai (manually) into the electronic system.

60 applications for licenses to sell alcohol. These are the only number of

applicants received and approved by the CEO/ACEO/Deputy Registrars.

ACTIVITY 2: To manage and monitor the registration of matai titles

Projected

Volumes: To receive approximately 1700 new matai titles, check and prepare for

publication.

Check list of matai titles after 3 months period.


Identify matai titles without objection for registration.

To conduct 4 meetings with the Pulenuu Committee, 2 for Upolu and 2 for

Savaii.

Prepare approximately 200 matai title certificates.

Electronic registration of matai

Checking of matai titles listed in approximately 50 applications for licenses to

sell alcohol

Actual Report

Volumes: 4545 new matai titles checked and prepared for publication.




4 meetings with the Pulenuu Committee, 2 for Upolu and 2 for Savaii.

62 matai title certificates.

15 districts in the Electronic registration System of matai.

60 applications for licenses to sell alcohol.

Comments: 4545 new matai titles check and prepare for publication. The huge increase is due

to the increase number of pepa saofa’i received for publication this year.




4 meetings with the Pulenuu Committee, 2 for Upolu and 2 for Savaii. These

meetings were scheduled and conducted this year as capacity building for

Pulenuu & Sui o le Malo in providing accurate information for pepa saofai.

2007 – 2008

A N N U A L R E P O R T 2 0 0 7 - 2 0 0 8


62 matai title certificates this year as per request by the public.

15 districts in the Electronic registration System of matai. A continuous activity

to document all registered matai (manually) into the electronic system.

60 applications for licenses to sell alcohol. These are the only number of

applicants received and approved by the CEO/ACEO/Deputy Registrars.

ACTIVITY 3: Maintenance of Matai Registry

Projected

Volumes:

Improve quality of 41 Matai Registers

Actual Report

Volumes:

41 Matai Registers not done

Comments: Ensure all records of matai titles are secure and safe, however, financial

constraints has caused this undone activity.

ACTIVITY 4:

To review the Land & Titles Act 1981

Projected

Volumes:

Document the review of the Land & Titles Act 1981, and conduct consultation

processes with stakeholders as well as the public. Training and public awareness

with staff and the public also plan for this year.

Actual Report

Volumes:

Review for Land & Titles Act 1981 still awaiting approval of Cabinet.

Comments:

At present, it is still waiting for Cabinets approval before consultation and public

awareness phases for stakeholders, public and staff start.


Projected

Volumes:

Document of procedures and performance standards

Actual Report

Volumes: Stages one and two have been completed for activity 5 and work will be carried

out in the next financial year 2008 – 2009 too complete stage 3.


Projected


Actual Report

Volumes: Progress

2007 – 2008

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MINISTRY OF JUSTICE AND COURTS ADMINISTRATION DIVISION AT TUASIVI

OBJECTIVE: To provide efficient and effective services to the District Court and

Faamasinoga Fesoasoani Court; Lands and Titles Court; Monitor re-

integration of Parolees and Probationers and facilitate mediations and

research of complaints regarding Customary Lands and Titles disputes.

ACTIVITY 1: Administration of Tuasivi Courts and enforcement of Decisions by the Court

Projected Volumes:

800 criminal and civil cases prepared for hearing before the Court

600 criminal and civil cases prepared for hearing before the FF Court

30 Inquests

25 maintenance cases interviewed

400 customary lands and cases prepared for hearing before the Lands and Titles Court

400 well researched reports prepared for Presiding Bench

600 warrants issued $20,000.00 revenue collected

100 cases regarding lands and titles dispute prepared for hearing before the Court of Appeal.


857 criminal and civil cases prepared for hearing before the court

743 criminal and civil cases prepared for hearing before the FF court

42 Inquests

25 maintenance cases interviewed

307 customary lands and cases prepared for hearing before the Lands and Titles Court

307 well researched reports prepared for Presiding Bench

319 warrants issued $27,767.00 revenue collected

12 cases regarding lands and titles dispute prepared for hearing before the Court of Appeal.

Comments:

There has been an increase in criminal and civil cases heard by the District Court in Tuasivi

within the current financial year. This current financial year saw 857 cases being heard before

the District Court at Tuasivi. From these 857; minor traffic offences – 9, overcrowded – 1,

negligent driving causing injury and negligent driving causing death – 62, dangerous driving –

24, dangerous riding – 8, actual body harm – 78, assault – 75, burglary – 35, theft – 145,

dangerous weapon – 34, throwing stones – 25, insulting words 29, threatening words -5, willful

damage 47, contempt of court – 120, found by night – 4, false pretense – 27, cruelty to animals –

4, unlawful conversion – 4, Used behavior – 4, arson – 31, willful trespass – 4, discharged

firearms – 3, drunkenness – 10, misleading police – 1, fail to report accident – 1, fail to comply

to conditions of remand – 4, indecent assault – 2, escape – 1and civil cases 60.

There is also an increase in criminal and civil cases heard before the FF court. This current

financial year saw 743 cases being heard before the FF court. From these 743; minor traffic

offences – 407, overcrowded – 183, insulting words – 28, careless driving – 15, misbehavior –

2007 – 2008

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10, drunkenness – 17, theft – 33, assault – 12, willful damage – 7, and civil cases - 31.

The number of inquests has also arisen to 42 cases this financial year.

The Tuasivi Office and the Maintenance division of the Ministry in Apia undertake the process

of mediation for all maintenance matters. Where settlement is not reached by the involved

parties, these matters are then handed to the Court.

The cases heard before the Lands and Titles court have decreased in comparison to the projected

volumes of this financial year. This is mainly due to the mediation process with issues brought

to the Land and Titles court where most families have either reached agreement between parties

through the mediation process by the Office or in and amongst families and villages. From the

358 cases heard before the Lands & Titles Courts, 173 customary land cases, 163 matai titles

cases, and 22 removal cases.

Reports for the information of Judges have been prepared timely and accurately to assist the

presiding bench with cross examination and decisions.

There have been 319 warrants issued by the Office in the current financial year collecting a total

of $31,167.00tala. This function was previously a responsibility of the Ministry of Police but

was transferred to MJCA at the commencement of this financial year. There was an immense

backlog of warrants; however the Tuasivi Office has managed to collect most of the outstanding

warrants for the current financial year with the exception of those that have died, moved to Apia,

overseas or to an unknown address. The warrants of those who have moved to Apia have been

transferred to the Apia Office.

The Office is undertaking its usual function of preparing and processing appeal for the Lands

and Titles court of Appeal.

ACTIVITY 2: To provide accurate information on offenders and victims in order for the

Court to make its decisions

Projected

Volumes: 30 reports prepared by order of the court

20 reports regarding community work assessment

20 diversion reports prepared for the court

Actual Report

Volumes: 69 reports prepared by order of the court

28 reports regarding community work assessment

No diversion reports prepared for the court

Comments:

Reports made for the court based on the order by the court as well as reports on

community work assessment to assist the court on its decisions.

ACTIVITY 3: To prepare and provide quality pre sentence reports to the Prison & Parole

Board

Projected

Volumes:

15 reports prepared

2007 – 2008

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Actual Report

Volumes: No pre sentence reports to the Prison and Parole Board

Comments: Reports are provided upon the request of the Prison and Parole Board. There

were none requested in the current financial year.

ACTIVITY 4: Reintegration and Rehabilitation of Probationers and Parolees

Projected

Volumes:

Conduct community service programmes

Conduct Home visits to probationers and parolees

Conduct counseling sessions for probationers and parolees

Actual Report

Volumes: 26 community service programs conducted

12 home visits to probationers and parolees conducted

No counseling sessions for probationers and parolees

Comments:

There were sixteen of them under this program during this current financial year. 15 of them run

twice a week. Every Monday they are sent to Sapapalii church minister for their community

services program and counseling. And every Friday they undertake their community work at

Tuasivi Office. The other one under this program is sent to Faga Church Minister for his

community services and counseling.

The monitoring of home visit to probationers and paroles is undertaken by regular visits to

various locations where those are under probations and paroles are serving their time and it has

been noted that none of those under this program have re-offended in the current financial year.

There were twelve (12) probationers and nine (9) parolees for this financial year.

ACTIVITY 5: Facilitate mediation and research on complaints regarding lands and titles

disputes.

Projected

Volumes: 250 researched reports for complaints applying for interim orders

30 – 50 site visits

150 mediations conducted

80 publications for pulefaamau and intention to appoint prepared

450 well researched reports prepared for Registrar and President

500 petitions prepared and sworn for the Court.

Actual Report

Volumes: 592 researched reports for complaints applying for interim orders prepared

03 only site visits

2,418 mediations conducted

36 publications for Pulefaamau and intention to appoint prepared

509 well researched reports prepared for Registrar and President

428 petitions prepared and sworn for the court

Comments: Reports to the Registrar and President on matters pertaining to Lands and Titles

has risen and it’s vital that these contain all the information required so that a

well informed decision is made whether an order is made or not.

2007 – 2008

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Site visits are made upon the request of the Registrar and the President.

Also mediations with families to try and solve the issues to avoid from

proceedings to court have risen.

Publications of Pulefaamau have decreased in the current financial year due to

them being on hold while changes to the Legislation are being done.

Investigations, research and reports are prepared in accordance with issues

brought forward by the Registrar and the President.

ACTIVITY 6: Publication of new Matai Titles

Projected

Volumes: 500 new matai titles received, and prepare for publication in Savali

50 Matai Certificate

Actual Report

Volumes: 979 new matai titles received, and prepare for publication in Savali

07 matai certificates issue

Comments:

There is also an increase for new matais received this financial year.

ACTIVITY 7: Provide secretarial services

Projected

Volumes: 200 cases recorded in Samoan shorthand to be translated later on

Typed 300 letters/correspondences, 300 reports, 200 Decisions, 500 Court

Summons and Typing of Savali

Actual Report

Volumes: 280 cases recorded in Samoan shorthand to be translated later on

Typed more than 1,000 letters/correspondences, 392 reports, 224 decisions,

1,029 court summons and updating typing of Savali for publication once a month

Comments: This function is being well undertaken by the Office by the 2 Officers designated

to these duties.

ACTIVITY 8: Closely monitor all Court Records in the Tuasivi Office

Projected

Volumes: 600 files of lands/titles repaired

18,000 files regarding land and titles matters

50 Judges allowances prepared

24 Assessors Allowances prepared

24 Wages Salaries prepared

10 overtime/overnight Allowances prepared for Staff

24 reports prepared on Annual Leave of Staff

Actual Report

Volumes: 3099 files recorded and searched for land and titles matters

705 files of lands/titles repaired

More than 18,000 files regarding lands and titles matters stored at Tuasivi

47 Judges allowances prepared

2007 – 2008

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24 Assessors Allowances prepared

24 Wages Salaries prepared

24 overtime and 08 overnight allowances prepared for staff

24 reports prepared on Annual Leave of Staff

Comments: Administration functions and Record keeping and filing is an on going function

of the Tuasivi Office and is currently running well.

ACTIVITY 9: Financial Management

Projected

Volumes: A total of $120,000.00 Cash Revenue collected

10 Payment Vouchers prepared for service rendered

12 Reconciliation Reports prepared

150 requisitions prepared for the supply of Petrol for Govt. vehicles.

Actual Report

Volumes:

A total of $137,043.30 cash revenue collected

47 payment vouchers prepared for service rendered/bills and reimbursement of

petty cash

12 reconciliation reports prepared for law trust account

12 monthly cash book summary reports prepared for revenue collection

105 requisitions prepared for the supply of petrol for govt. vehicles

Comments: More than 100% received of the target revenue collected for this financial year.

This is due the increasing number of warrants and new matais.


Projected

Volumes:


Comments:

On the job training is ongoing to keep the staff updated on issues that arise from day to day

activities as well as to inform and up skill staff in accordance to changes circulated by the Public

Service Commission and the Ministry of Finance.

Programs for the staff on Legislations and Policies that guide the work of the Ministry are also

undertaken as refreshers and also to provide information and training regarding any changes that

have been circulated from the Ministry.

ACTIVITY 11 Develop Policies

Projected


Comments: Policies that guide the work of the Ministry are discussing within the Ministry’s

Management and then circulate to each division of the Ministry for their

information and guidance.

2007 – 2008

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CORPORATE SERVICES DIVISION

Human Resource Section

OBJECTIVE: To provide full support to core functions through effective and efficient

management of financial, materials and human resources of the Ministry.

ACTIVITY 1: Human Resource Management

Projected

Volumes: An average of 20 vacant positions to be processed and filled.

An average of 24 reports of Leave for the staff prepared and submitted

An average of 50 timesheets to be submitted

150 TY 15(s) to be processed

2834 pay slips to be printed

An average of 1000 confirmations to be provided

Actual Report

Volumes: 90% of vacant positions processed satisfied the requirements of the R&S process

90% accuracy of timesheets to be provided for each pay

85% accuracy on all TY 15 (s) prepared for staff matters

ACTIVITY 2: Conduct training needs analysis and develop a training plan for the Ministry

Projected

Volumes: Every staff member to receive and fill in a questionnaire.

One training database developed.

Actual Report

Volumes: TNA Questionnaires were filled in by all employees

Training database (spreadsheet) is in place and updated

ACTIVITY 3: Work collaboratively with ACEO’s to review and analyze responsibilities and

duties of every position in the Ministry.

Projected

Volumes:

All positions descriptions to be reviewed and analyzed

Actual Report

Volumes:

85% positions description have been reviewed and analyzed

ACTIVITY 4: Work closely with TA to develop a training plan, review induction training

program and develop a Performance Management System for the Ministry

Projected

Volumes: Training/Capability Plan in place.

Induction training program reviewed

2007 – 2008

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Performance Management System in place

Actual Report

Volumes: Staff training plan in place and implemented

Induction program (plan) is still under review

Performance management system is in place and implemented

Comment:

Due to limited time and work overload HR section are still undertaking the

reviewing of the Induction Program.

ACTIVITY 5:

Implement Quality Assurance System

Projected

Volumes:

Implement Quality Assurance System for the Human Resource Section

Actual Report

Volumes:

Quality Assurance System completed

2007 – 2008

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Accounts Section OBJECTIVE: To provide quality financial services to the Ministry through effective and

efficient monitoring of the Approved Annual Budget.

ACTIVITY 1: Monitoring of Annual Budget

Projected

Volumes: Enter an average of 20 ledger transactions per day manually and electronically.

12 Financial reports to CEO and Output Managers in relation to output spending

and revenue collected.

Four spot checks to monitor Tuasivi Office’s financial activities.

12 cashbooks for revenue collection received from Tuasivi and submitted to

Ministry of Finance.

12 reconciliation statements for Tuasivi office trust account.

Actual Report

Volumes: Entering 482 manual Ledger Transactions and 1,392 Requisition Transactions

within the financial year was successfully done

12 financial reports prepared and distributed to Output Managers

Only two spot checks conducted at Tuasivi Office

12 completed cashbooks for General Revenue collected by Tuasivi Office

prepared and submitted to Ministry of Finance

12 completed cashbooks for General Revenue collected by Apia Office prepared

and submitted to Ministry of Finance

12 reconciliation statements for Tuasivi Trust Account prepared and submitted to

Ministry of Finance

24 reconciliation statements for Maintenance and Civil Trust Accounts prepared

by Apia Office and submitted to Ministry of Finance

Comments: This financial year was one of milestone. Construction of new Office for Tuasivi

Registry and some minor repairs done to different sections of the Ministry.

ACTIVITY 2: Procurement and payments of goods and services.

Projected

Volumes: Average of 20 TY11 produced daily

An average of 15 purchase orders produced daily for:

Procurement / supply of goods.

Procurement of services.

An average of 15 batches produced and forwarded online to Ministry of

Finance.

2007 – 2008

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Actual Report

Volumes:

Average of 20 TY11s per day were prepared in accordance with the Treasury

Regulations as well as purchase orders for procurement of goods and services

Batches were then forwarded to the Ministry of Finance on a daily basis

Comment: Correct codes for output charged accurate narration and must be authorized by

the Output Manager

Orders are supplied within the agreed period

Cheques processed without any queries

ACTIVITY 3: Asset Management

Projected

Volumes: Maintain Asset registers both manually and electronically

Monthly audit of the Asset Register

Actual Report

Volumes:

Updated Asset Registers both manually and electronically are properly monitored

and maintained.

Continuous audit of Asset registers and found updated.

Comments: All items procured are registered in the asset registers and label on assets matched

with the asset register

Updated asset register

ACTIVITY 4: Receipting of General Revenue & Law Trust Accounts in Apia

Projected

Volumes:

An average of 30 receipts issued daily for revenue collection from both Apia and

Mulinuu

An average of 10 receipts issued daily for Maintenance Law Trust account

An average of 10 receipts issued daily for Magistrates’ Account

Daily banking of cash received for General receipts and 2 Law Trust accounts

12 cash books for revenue collected and prepared for Ministry of Finance

Actual Report

Volumes: 10,400 receipts issued for General revenue without queries

1,050 receipts issued Maintenance Law Trust account without any complaints

750 receipts issued for Civil Trust account without any complaints

Banking were properly done daily

12 Cash books prepared and submitted to Ministry of Finance during the period

2007 – 2008

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Comment: Reconciliation of receipts and cash matches and no validated complaints from

customers

Bank intact

Submitted in time without queries from MOF

ACTIVITY 5: Management Trust Accounts in Apia

Projected

Volumes:

An average of 10 receipt transactions for Civil Trust Account processed and

entered into MYOB System

An average of 8 cheques for claimants of the Civil Trust account prepared

An average of 8 payment transaction for Civil Trust entered into MYOB system

12 reconciliation statements for Civil Trust Account

An average of 10 receipt transactions for Civil Trust account entered into MYBO

System

An average of 30 cheques prepared

An average of 15 payment transaction for Maintenance Trust entered into MYBO

System

12 reconciliation statements for Maintenance Account

Actual Report

Volumes: All receipt transactions for Civil and Maintenance Accounts were processed and

posted into MYOB

All cheques and payment voucher transactions were for Civil and Maintenance

Account were entered into MYOB System

24 Reconciliation statements produced and forwarded to MOF for both Civil and

Maintenance Account

Comment: Correct claimants, correct amount in both words and figures

Correct information entered into MYBO System

Must match with the month ending bank statement balance

2007 – 2008

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ACTIVITY 6: Petty Cash Operation

Projected

Volume: An average of 15 witness’s allowances paid from 5 court sittings a day

An average of 5 general requests for miscellaneous expenses a day

Actual Report

Volumes: All requests for Petty cash imprest were paid out within time frame without any

complaints

Comment: Served within 10 minutes (single)

30 minutes (group)


Projected

Volume:


Actual Report

Volumes: About 7 procedures documented and approved for Accounts Section as per as

follows:

1. Procurement Procedure

2. Receipting Procedure

3. Civil Trust Account procedure

4. Maintenance Trust Account Procedure

5. Assets Procedure

6. Witnesses Procedures

7. Reconciliation Procedure

Comment: All procedures must be complied with.


Projected

Volumes:


Actual Report

Volumes:

No Policy was developed

Comment: Shortage of staff

2007 – 2008

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Information Technology Section

OBJECTIVE: To provide full support to core functions through provision of effective and

efficient IT support to the Ministry.

ACTIVITY 1: Develop an IT Strategic Plan

Projected

Volumes: Identify and develop required IT policies for the Ministry and to assure that

Effective IT service is provided for everyone.

Actual Report

Volumes: Further analysis to be made to the current IT Strategic Plan. It is expected that the

IT section will re-develop a more efficient and robust plan to meet future

objectives of the Ministry.

Comments: The current IT Plan has not been discussed in details by the management before

further analysis to be made.

ACTIVITY 2: Effective and efficient records and information management.

Projected

Volumes: Carry out preventive maintenance on computers and other related equipment

Develop a reliable database for the Leave Records Management System

Develop a reliable database for the Performance Management System

Develop simple database systems for each section when needed

Actual Report

Volumes: The ongoing process of maintaining computers as scheduled or on-call were

executed with antivirus scan and updates as well as programs for solutions to

computer conflicts. In addition, the physical problematic computer parts were

diagnosed with appropriate measures taken.

Leave Records Management System was completed successfully and is applied

as required.

Performance Management System is currently progressing well with further

development and testing to ensure prolific end user outcome.

Simple databases were created as needed for better records management

Comment: Internal computer and database management significantly minimized costs taken

as compared to external support.

Shortage of personnel resulted in increased time required to complete required

tasks.

2007 – 2008

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ACTIVITY 3: Planning and development of MJCA website

Projected

Volumes: To publicize the Ministry and Courts Administration nationwide and abroad with

vital information about the Ministry’s key responsibilities, services, and news.

Actual Report

Volumes: Website developed and launched with online testing to assure frequent updates

and good performance in terms of speed and accuracy.

Comments: The website faced few delays in launching due to the unavailability of much

reliable tools and applications.

ACTIVITY 4: System Administration (Computer Hardware):

Projected

Volumes: Installing, supporting, and maintaining servers and

computer systems

Actual Report

Volumes: Daily and ongoing operations

Comment: Consultations with IT section on any new procured PC are highly recommended.

2007 – 2008

A N N U A L R E P O R T 2 0 0 7 - 2 0 0 8


CENSOR DIVISION

OBJECTIVE: To provide quality censoring services through accurate classification,

effective enforcement and education measures to maintain order and

stability within the Samoan Society.

ACTIVITY 1: To censor films for Classification and Rating.

Projected

Volumes: New Titles -1200

Copies – 7,200

Reels – 96

Actual Report

Volumes: 1520 New Titles

7250 Copies

72 Reels

Table 7: Censoring Services

New Titles Copies Reels

2007 July 91 384 3

August 97 654 7

September 128 514 5

October 106 452 7

November 144 419 3

December 68 327 6

2008 January 116 469 6

February 170 563 6

March 130 1 253 5

April 157 793 12

May 139 805 4

June 174 658 8

AOFAI 1 520 7 255 72

Comments: Adherence to the Acts and Legislation as well as to Samoan cultural values and

Religious beliefs

Accurate classification decisions in regards to classification guidelines

ACTIVITY 2: Legislation Enforcement

Projected

Volumes:

Inspections – 48

Actual Report

Volumes:

35 both Savaii and Upolu

Comment: Improved level of compliance amongst associated movie companies

2007 – 2008

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ACTIVITY 3: Submit Reports to CEO, Minister and Films Control Board.

Projected

Volumes:

CEO-24, Minister -12 and F.C.Board - 4

Actual Report

Volumes:

Reports are well prepared

Comment: Improved level of understanding between the censorship office and

Administrative parties

ACTIVITY 4: Films Control Board Meetings.

Projected

Volumes: Official – 4

Emergency – 2

Actual Report

Volumes:

Regular reports for the Film Control Board

Comments: Board Members are well informed

Minutes are accurately recorded

ACTIVITY 5: Public Awareness Programs

Projected

Volumes:

Workshops - 2

Actual Report

Volumes:

On radio stations such as SBC Radio 1 and Talofa FM

Comments: Improved level of Public awareness on procedures adapted by the censorship

office in classifying movies


Projected

Volumes:


Actual Report

Volumes:

Quality Assurance- procedures are in process.

Comments: Very essential when completed.


Projected

Volumes:


Actual Report

Volumes:

Agreement that Television companies must submit play list for coming week to

be censored and rated.

Comments: Television companies comply

2007 – 2008

A N N U A L R E P O R T 2 0 0 7 - 2 0 0 8


POLICY, PLANNING & EVALUATION DIVISION

OBJECTIVE: 1. To effectively and efficiently facilitate and monitor the development and

evaluation of Ministry policies and plans to enhance management

decision making, planning and policy development.

2. To effectively and efficiently coordinate Ministry Institutional

Strengthening Programme 2006 – 2008

ACTIVITY 1: To manage the development of Ministry external reports

Projected

Volumes: 4 quarterly Bulletins

1 Annual Report

12 Minister reports

Respond to ad hoc outside requests i.e. students research

Actual Report

Volumes: Completed 2 (6 months bulletin)

Completed 1 Annual Report 06-07

Completed 1st draft of Annual Report 07-08

12 Monthly reports compiled and completed

12 requests served for ad hoc general request from public and other ministries

and organizations

Average of 4 statutory declarations prepared daily

Comments: The information submitted meets the information needs of major stakeholder

groups and features major events and Courts statistics.

The preparation of Statutory declarations is a collaborative activity with the

Courts Section. On occasions whereby the Court staffs are attending Court then

the preparation of Statue declarations is referred to the PPE unit.

ACTIVITY 2: Coordinate development of Policy and Plan

Projected

Volumes: 1 Annual policy work plan for the Ministry

1 Annual Planning Programme for the Ministry

1 Management Plan 07/08

1 Corporate Plan 07/10

Review of Planning Programme


Actual Report

Volumes: 1 Annual Policy Plan drafted in conjunction with Corporate Plan project work

1 Annual Planning Programme completed in conjunction with Corporate Plan

project work

Completed Management Plan 2007-2008

Completed Corporate Plan 2008-2010

Completed 1 Service Charter

Comments: All the Ministry’s Plans and Policies are implemented accordingly to be inline

with government policies and plans. The noticeable constraints in the

2007 – 2008

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implementation of these Plans and Policies across the Ministry were to do with

the constraints of minimal budget and timeliness. Nevertheless work was

completed as scheduled

ACTIVITY 3: Manage and monitor the entering of prohibition orders in to Immigration

Border Management System Projected

Volumes: Average of 20 prohibition orders to be entered per month

5 Update reports to CEO

Actual Report

Volumes:

Work has been stalled for a period under review due to construction work done

on the system by Immigration

Comments: Reliable information and sustainable system

ACTIVITY 4: Capacity building of staff

Projected

Volumes: 4 formal trainings on computer skills for database users

2 Refresher training on Policy & Planning Development

1 Work Place attachment

Actual Report

Volumes: 3 Evaluation training completed

1 workplace attachment for Senior Officer took place in September 2008

Middle management training for Senior Officer and Principal

Comments: The 3 Evaluation trainings were conducted by Fiona Kotvoys the training built

on the capacity of the staff in terms

ACTIVITY 5: Coordinate the Institutional Strengthening Project of the Ministry

Projected Volumes: Coordinate consultations /meetings required

Actual Report

Volumes: PCC meetings scheduled for Feb 2009 and June 2009

8 meetings with Advisers

4 Task Force meetings

6 meetings with NZAID to update on progress or any other enquiries

2 quarterly/expenditure reports completed July 08 and Sept 2008 for NZAID.

ACTIVITY 6: Implement Quality Assurance

Projected

Volumes: All procedures for each sections completed and procedures for PPE completed

Actual Report Volumes: 85% of the activities in relation to activity 6 have been completed

Comments: Across the Ministry each sections have completed phase one and two of

implementing quality assurance, .i.e. have identified all operational

procedures/systems in relation to their service delivery and have reviewed all

factors to sustain Quality Service Delivery.

2007 – 2008

A N N U A L R E P O R T 2 0 0 7 - 2 0 0 8


CONSOLIDATED FINANCIAL ANALYSIS OF ALL OUTPUTS Overall Revenue Collection

The Ministry completed the Financial Year 2007 – 2008 at a high note of its revenue collection. Its

collection up to the closing of the financial year accounted to $816,253.36, which is 33% more

than the figures each output targeted with the exception of Censoring Services, 4% behind the

finishing line due to numerous government restrictions levied on movies entering the country and

copyright regulations heavily accentuated by law enforcement.

Forecast:

With reference to the Revenue Report for the period ending 30th

June 2008, the majorities of

revenue goals set for the Financial Year 2007 – 2008 have been accomplished and if maintaining

this same pace in collection, without a doubt will help achieve the goals set for the Financial Year

2008 – 2009

Operating Costs vs. Personnel

Outputs Ann.

Budget/

Operating

Ann.

Budget/

Personnel

Funds

Remaining

Operating

Funds

Remaining

Personnel

TOTAL

Ann.

Budget

TOTAL

Funds

Remaining

TOTAL

Funds

Utilized

Policy Advice to

the Minister

68,917 160,563 395 6,027 229,480 6,422 223,058

Ministerial

Support

98,945 78,350 568 3,957 177,295 4,525 172,770

Judiciary 605,829 1,656,251 6,031 266,812 2,262,080 272,843 1,989,237

Policy & Planning 26,614 90,913 103 3,785 117,527 3,888 113,639

Parole &

Probation

85,471 243,237 1,939 19,662 328,708 21,601 307,107

Warrants 38,380 192,697 1,847 36,553 231077 38,400 192,677

Maintenance &

Affiliation

12,980 107,634 101 3,643 120,614 3,744 116,870

Censor 13,769 124,464 496 4,996 138,233 5,492 132,741

Lands & Titles

Court

156,653 509,560 665 41,313 666,213 41,987 624,235

Criminal & Civil

Apia Courts

54,920 535,073 1,115 57,585 589,993 58,700 531,293

Tuasivi Courts 86,855 363,924 573 69,269 450,779 69,842 380,937

Mediation &

Registration

73,544 245,850 1,541 31,360 319,394 32,901 286,493

Corporate

Services

338,352 566,360 881 44,143 904,712 45,024 859,688

2007 – 2008

A N N U A L R E P O R T 2 0 0 7 - 2 0 0 8


APPRECIATION The Registrar /Chief Executive Officer on behalf of the Ministry of Justice and Courts

Administration wishes to record its sincere appreciation for the support and cooperation extended

to our office and work during the year which has been most encouraging.

I would like to thank the following personnel for their great contrbution:

Hon. Minister of Justice and courts Administration Unasa Mesi Galo:

Hon. Chief Justice – Sapolu Maka Patu Tiavaasue,

Afioga Land & Titles Court President – Tuatagaloa Kerslake,

Samoan Judges,

Members of Diplomatic Corps,

Donor and funding agencies both local and overseas,

Regional and International Organisations,

Ministry Heads and Government Officials,

Private Sector and Business Community,

Especially to the staff of the Ministry of Justice and Courts Administration, it has been a

pleasure working with you all.

Faafetai, Faafetai, Faafetai Tele.

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