By Staff Writers
Family heirs living outside Samoa are no longer allowed to be bestowed a ‘matai sa’o’ or head chief title unless they live in the country.
The Head of State signed into law last week the new legal requirement after it was passed in the last session of Parliament before the end of 2020.
Denial of bestowal to heirs not living in Samoa is one of several changes proposed last year under the controversial Land and Titles Act 2020 now included in the Constitution.
The task of providing public clarification of the new changes to the LTC Act, explains the series of explanatory statements the Office of the Attorney is continuing to put out.
The Office of the Attorney General clarified the new section of the law pertaining to the ‘matai sa’o’ in this statement released this week :
The new requirements for the bestowal of matai titles under the Land and Titles Act 2020 (“LTA”), and more specifically Part 4 – Matai Titles are as follows :
1. The new requirements for the bestowal of a matai title are set out under sections 13 and 15 of the LTA, respectively. It is important to note that these requirements are put in place to safeguard the integrity of the matai system and have been revised following the public consultations that have been undertaken on the 3 Bills; the Constitution Amendment Bill 2020, the LT Bill 2020 and the Judicature Bill 2020, in response to concern raised in relation to the proposed numbering requirement for matai sa’o. This provision was removed in the LTA and the decision on the appointment and the number of Matai Sa’o remains the prerogative of the suli and aiga.
2. In summary, the new requirements under section 13 – Matai Sa’o of the LTA provides that: a. the selection and number of Matai Sa’o should not diminish the essence and importance of the Matai Sa’o;
b. the bestowment ceremony of a Matai Sa’o shall comply with section 15 – Validity of the bestowment of a Matai Title; and
c. given the responsibility of a Matai Sa’o, he or she is to be domiciled in Samoa and be present in the family and village to carry out duties expected of a Matai Sa’o.
3. In addition, section 15 – Validity of the bestowment of a Matai Title, sets out further strict requirements for the bestowment of a Matai Title, which includes (but not limited to), the requirement that the person being bestowed a Matai title is to be physically present to acknowledge recognition of the bestowment of the Matai title1. This therefore reinforces the safeguarding of the integrity of the Matai system.
It is important to note that this requirement DOES NOT apply retrospectively, and therefore does not apply to the current Matai title holders.