The Office of the Attorney General released an official statement to put into a legal perspective the Constitutional changes to the Lands and Titles Judiciary System, after it was passed into law this week in Parliament.
The statements comes right after the legal process of approval by legislators on Tuesday when the House was convened for a day long session.
The statement reads:
Today marks a historical moment in time for Samoa, 58 years after that initial call by our forefathers, Samoa’s Parliament has finally heeded the call, by enacting the Constitution Amendment Bill 2020, Land and Titles Bill 2020 and Judicature Bill 2020 (“3 Acts”) which will provide the much needed “transformational changes to its Land and Titles Court System”.
As a historical snapshot surrounding the 3 Acts, the framers of our Constitution had the wisdom, foresight, patience and conviction, to leave the final decisions, on the Land and Titles Court to be determined in the future, when and once Samoa formed her own Parliament, after gaining Independence.
Today, Samoa has arrived at the time, foretold by our forefathers.
To give the historical context of the reforms introduced by the 3 Acts, reference is made to the Constitutional Convention discussions, in particular the introduction to Part IX of the Constitution as delivered by Professor Davidson (New Zealand Constitutional Expert Adviser). The purpose of this Part IX is to give recognition and protection to Samoan customs in relation to customary land and matai titles.
The purpose of the 3 Acts is to give appropriate recognition to the status of the Land and Titles Court in the Constitution of Samoa, is therefore consistent with the intention of Part IX.
Now, as an independent and sovereign country, and given the empowering provision in the Constitution for Parliament to do whatever it is necessary by way of legislation for the composition and functioning of the Land and Titles Court, it is now appropriate, and in keeping with the purpose of the Part IX of the Constitution, that Parliament legislates for a 3 tier Land and Titles Courts System –Land and Titles First Court, Land and Titles High Court and the Land and Titles Court of Appeal and Review – to be recognised in the Constitution and to provide for Samoan customs rights in relation to customary land and matai titles as a Constitutional right.
Following the Ministerial Statement by His Honourable Prime Minister, Tuilaepa Dr. Sailele Malielegaoi, the Constitution Amendment Bill 2020 went through a two-third majority conscience vote, pulling a 41-majority vote of the Members of Parliament in support and 4 members who opposed. This was followed by the passing of the historical Constitution Amendment Act 2020 in Parliament today.
In addition, the Honourable Minister of Justice and Courts Administration Afioga Faaolesa Katopau T Ainuu delivered his Ministerial speech in support of the Land and Titles Bill 2020 and Judicature Bill 2020 which were passed by a party vote following the 3rd reading.
The new Acts now:
- address the issues deferred by the Constitutional Convention Working Committee to be addressed by the Parliament of Samoa;
- respond to the concerns and issues raised by the members of the Parliament and stakeholders through the 2016 Commission of Inquiry on the Land and Titles Court; and
- take into account the concerns raised by the public and relevant stakeholders, in relation to the work of the Land and Titles Court.
Overall, what is important to note is that these new Acts have confirmed for us that:
“Samoa has its own form of democracy, defined by our Constitution, and influenced by Christianity and our Samoa customs and traditions. Our democracy does not subordinate our Samoa culture, it thrives because of it”.
The next session is scheduled for 19 January 2021, and is the last sitting before Parliament dissolves for the General Elections in April 2021.
