The Office of the Attorney General has rejected claims by Tui Atua that the three controversial amendments to the Constitution will alienate customary land.
The Office of the AG’s response appears to have broken the silence it has kept since the Samoa Law Society objected to the bills.
The former Head of State, Tui Atua Tupua Tamasese Efi, has added to the controversy by trashing the proposed amendments in a series of sessions with the local media in the past few weeks.
Until now the Prime Minister, Tuilaepa Sailele Malielegaoi has been the sole defender of the Government proposed Constitution Amendment Bill 2020, Judicature Bill and the Lands and Titles Bill.
The Office of the Attorney General, issued a press release today to deny the Tui Atua rejections of the Constitutional amendments :
RE: THE CLAIMS BY THE FORMER HEAD OF STATE TUI ATUA TUPUA TAMASESE EFI THAT THE CONSTITUTION AMENDMENT BILL (NO.1) 2020, THE JUDICATURE BILL AND LAND AND TITLES BILL 2020 CURRENTLY WITH PARLIAMENT ALIENATES CUSTOMARY LAND COMMITTEE
(05th JUNE 2020); This statement is made in response to claims made publicly by the Former Head of State, le Afioga Tui Atua Tupua Tamasese Efi, that the Constitutional Amendment Bill, the Judicature Bill and Land and Titles Bill currently with Parliament will alienate customary land.
Such statements were made through press release and interviews with the media outlets and certain social media websites and platforms on 30 April and 1, 15 and 22 May 2020.
The three (3) Bills are presently undergoing consultation. The Parliamentary Committee responsible for the consultation has set up a procedure to allow interested and concerned members of the public to make submissions regarding the Bills.
The manner in which those comments were made were not made through that procedure.
It is important that we offer clarification on such claims especially when it is made by a former Head of State; and when the subject matter of the claims is pertinent to all Samoans.
We wish to clarify that the comments made regarding alienation of customary land are incorrect and unfounded.
The Constitutional Amendment Bill, the Judicature Bill and Land and Titles Bill do not make any references to alienation of customary land anywhere in the text of the Bills.
Article 102 of the Constitution provides that it is unlawful to make any alienation or disposition of customary land or interest in customary land. The only exemption to this rule as provided in the proviso of this Article is where an Act of Parliament allows for the granting of lease or licence of any customary land or interest therein or the taking of customary land or any interest therein for public purposes. These 2 exemptions are already implemented by the enactment of the Leasing and Licensing of Customary Land Act 1965 and the Taking of Land Act 1964.
However, the Constitution Amendment (No.1) 2020 does not amend or touch on any matter with regards to Article 102 of the Constitution.
In addition, Article 109 of the Constitution prohibits any amendment/repealing/adding to be made to Article 102 unless such an amendment has been subject to a poll of electors on the rolls for the electoral constituencies and is supported by two-thirds of the votes.
Furthermore, the Land and Titles Bill 2020 does not provide for any matters in relation to exemption as allowed under Article 102.
The intention of the Bills is to strengthen Samoan customs and usage through the elevation of the status of the Land and Titles Court in the Constitution, and to improve its structure, and its autonomy by making it a Constitutional Court.
It is not the intention of these three (3) Bills to alienate customary land.
The Public Consultation continues next week.
If you are interested in making submissions before the Parliamentary Committee, please contact the Office of the Clerk of the Legislative Assembly.
Ma le faaaloalo lava
OFFICE OF THE ATTORNEY GENERAL