Dear Editor,

Samoa faces a catastrophe every bit as deadly as the 1918 Flu Pandemic.

The Alienation of Customary Land Rights is absolutely Forbidden without a National Referendum of All Registered Voters.

This means no alienation of the Customary Land Rights of a single Samoan or any Samoan at all without a National Referendum.

Article 2 of the Constitution:

2. The Supreme Law - (1) This Constitution shall be the supreme law of Samoa. (2) Any existing law and any law passed after the date of coming into force of this Constitution which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.

102. No alienation of customary land - It shall not be lawful or competent for any person to make any alienation or disposition of customary land or of any interest in customary land, whether by way of sale, mortgage or otherwise howsoever, nor shall customary land or any interest therein be capable of being taken in execution or be assets for the payment of the debts of any person on his decease or insolvency:

PROVIDED THAT an Act of Parliament may authorise:

 (a) The granting of a lease or licence of any customary land or of any interest therein;

 (b) The taking of any customary land or any interest therein for public purposes.

109. Amendment of Constitution - (1) Any of the provisions of this Constitution may be amended or repealed by Act, and new provisions may be inserted in this Constitution by Act, if a bill for any such purpose is supported at its third reading by the votes of not less than two-thirds of the total number of Members of Parliament (including vacancies) and if not fewer than 90 days elapse between the second and third readings of that bill: PROVIDED THAT no bill amending, repealing or adding to the provisions of Article 102 or the provisions of this proviso shall be submitted to the Head of State for assent until it has been submitted to a poll of the electors on the rolls for the territorial constituencies established under the provisions of Article 44 and unless it has been supported by two-thirds of the valid votes cast in such a poll. 

From page 12

(2) A certificate under the hand of the Speaker that a bill has been passed under the provisions of clause (1) shall be conclusive and shall not be questioned in any Court.

The Trick being used to unlawfully alienate Customary Land yet held to be void and of no effect by the Constitution:

The Land Titles Registration Act 2008 is a Trojan Horse converting all Land registered including Customary Land into Freehold Land.

The government takes sovereignty by converting the land from Customary status to Freehold and rips off overseas aiga, local aiga and the person on the certificate of title.

The first alienation is in S.25 of The LTRA 2008 unless you have been living in Samoa for 2.5 of the previous 3 years, you can’t register your claim. So educated Samoans and their companies with the knowledge and money to challenge lose their rights.

The second alienation is that the greedy local sees their name on a certificate of title not knowing they transferred full ownership to the government. Under S.32 of the LTRA 2008, they give the government full control including the right to tax them, take the land and control use of the land. The government can lease it without their consent.

The third alienation is that all their local relatives are left with nothing.

By the time the matai wake up they will be paying taxes and everybody will desert them for losing the land. No more land, no more matai, no more gafa, no more aiga. It will take everything from them. Everybody hating everybody.

But the trail will lead straight back to the government.

Maua Faleauto

[email protected]