Last week’s advice from Fonotoe Pierre Lauofo, the deputy leader of the Human Rights Protection Party (HRPP), in his effort to save the inoperable Land and Titles Court of Appeal and Review (LTCAR) recalls the recent letter to the editor by the HRPP leader, Tuilaepa Sailele Malielegaoi (Tuilaepa), and his harsh criticisms of the plan to disestablish the court.

Among other things, he asserted that a return to the provisions of the 1981 Land and Titles Court (LTC) is an insult to the proficiency of our people, and the investment in sending them on an academic scholarship to fulfil our forefathers' dreams that one day Samoans can, for themselves, constitutionally elevate our customs and usage.

Tuilaepa then declared: The removal of the current LTC structure will deny Samoans equal ‘access to justice’ and their customary rights. Such rights are accessible to criminals in the District Court and Supreme Court.

One must not forget, Tuilaepa says, that the majority of our people live in villages under the direction of the village chiefs and orators who govern under our customary laws to keep the peace in the everyday life of the majority of our people.

It is this peace and stability that provided the backbone for sustainable rural development under 40 years of HRPP leadership.

He stresses: It is professionally embarrassing for the MJCA [Ministry of Justice & Courts Authority] to now push for the demotion of the LTC to its inferior status when just a few years ago, the same MJCA with the offices of the Attorney General and the Samoa Law Reform Commission were at the forefront of the reforms.

Tuilaepa then states: The Human Rights Protection Party’s mandate compels it to protect every Samoan’s right including their customary rights now enshrined in the Constitution by the 2020 reforms, therefore, HRPP will never support any proposed amendments that will return the LTC to its second-class status.

The former prime minister then went on to the case of the former president of the LTC whose rights, he says, have been breached by discrimination: Such discrimination against a senior Samoan judge has left a negative impression on the minds of our citizens.

Tuilaepa then declared: the removal of the LTC President was a Faatuatua i le Atua Samoa ua Tasi (FAST) Party campaign promise that was promoted in their 2020 roadshow.

Last week we urged that we should not go back but it is now obvious that the HRPP is deeply against such a move.

With respect, I say it as wrong to make the LTC of equal standing with the Supreme Court and Court of Appeal. Proof of that flaw was now clearly demonstrated by the case between Afega and Le’auva’a that the Minister of Agriculture says was an abuse of power.

We ourselves asked, not very long ago, that in a two-headed court structure – which head does one listen to?

The law that ‘revoked’ the post of the former president and those of all Samoan judges was an HRPP law. No doubt the thinking was genuine to elevate the customs and traditions, but we ask: Elevate to where. Now that the HRPP says it is second-class, what evidence is there for that claim?

Further, how was the flawed Bill allowed to go through the HRPP caucus without noticing that the new courts have no president or judges? How did it go through the Bills Committee and the House, the first reading, the second reading and third reading without anyone noticing that we will have a court with only disputing parties and no judges?

And how was it that four copies of the law were apparently signed by His Highness the Head of State (HOS) and still no one saw the judge-less court?

Was anyone ever held accountable for the deliberate changes to the will of Parliament that necessitated the de-assented and re-assented legislation, the very first time any such action was deemed necessary?

That should have been embarrassing, not the correction of an action that was obviously unnecessary and wrong.

No doubt the thought of making the LTC of “equal” standing with the criminal courts is genuine but please make up your mind which head must roll; you cannot have two heads in one system.

As for infrastructure, surely after making sure there are rooms etc., one must then ask have we the people to do the work?

No, we don’t; we don’t have any retired former presidents or retired Supreme Court justices. And why retired judges?

The Faatuatua-i-le-Atua Samoa ua Tasi (FAST) no doubt has an answer to their alleged “promise” to sack the President, during the campaign but I seem to recall that His Honour found no ‘malice’ in the dismissal; it was the operation of law, the HRPP law as explained above.

It is now obvious that the failure to implement the reforms apart from the legal difficulties, is the shortage of manpower.

In a recent case I was told by one Vice President I was forbidden to say “ua faaopoopo faamamafa” – ‘E sa’, he snapped’. I was too polite to tell him that he ought to read decisions by better-informed judges.

Now, again with deep respect, the HRPP’s insistence in harking back to our ‘measina’ our ‘customs and traditions” is absolutely bonkers. Falelatai, Salamumu, Tanugamanono – burnt houses, destroyed properties, tied up people like pigs, etc.

Do we really want to eat ‘teve’ again? Before you answer, please read this:

Chewing the teve Tree.

The chewing of the teve was an extremely severe punishment. Perhaps this punishment is far worse than the penalty for murder. It is no wonder people were afraid of this terrible punishment.

However, this punishment was rarely ordered because the effects on the prisoner were so severe. This penalty was reserved only for a person who committed a very serious crime or for a person who was a repeat offender.

The teve is a small tree that grows in the wild. It is soft in body, but its sap is bitter and sour in its roots.

When anyone was punished with chewing the teve, he was brought before the house where chiefs and orators of the village had gathered. The prisoner was made to sit with his legs crossed in front of the house, surrounded by untitled men (guards) who would prevent him should he try to escape, and compel him to obey the chiefs’ and orators’ commands.

When the orator will stood up, he ordered the prisoner to chew the roots of the teve which was given to him by one of the untitled men who was guarding him. The orator will then return to his appointed place (seat) to observe.

The prisoner fearfully obeys because he cannot reject the roots of the teve due to the pressure from the untitled men surrounding him. He then puts the roots in his mouth and chews it slowly and carefully because it is bitter. Soon after tasting the bitter juice, his mouth began burning, but he could not stop chewing; the untitled men stood by, threatening him with sticks if he showed weakness during his punishment.

Poor man, his gums burned as well as his tongue and his lips. His whole mouth was swollen from the sourness and bitter taste of the teve juice. He would faint and be severely affected unless the punishment was quickly stopped.

(We thank His Highness, the former Head of State, Tupua Tamasese Efi, for this information.?

Manuia le aso Sa.