The Supreme Court raised an important issue last month and it has rightfully issued a stern warning to those who abuse customs and tradition, especially the ifoga to get reduced jail time.

The beauty of the Samoan judicial system where customs are infused with the law can be seen even in the criminal justice system, especially in instances involving crimes against the person such as murder, assault, and even sexual offences.

Senior Judge, Justice Vui Clarence Nelson told a man convicted of manslaughter that the ifoga he did was an attempt to get a reduced sentence.

“Clearly, this so-called ‘ifoga’ was an attempt to lessen the court’s punishment on the defendant. This is not acceptable. It is contrary to the spirit of remorse for the offending and it is counter to our ‘tu and aga Fa’a-Samoa’,” said Justice Vui.

“Our customs and traditions are not to be abused in this fashion. Such desperate last-minute attempts must be soundly condemned and rejected. There will be no deduction for ifoga or reconciliation.”

The senior judge points out the ungenuine manner in which some offenders view the practice. To them, it is almost a get-out-of-jail card or a reduced sentence. The court in this instance showed that while protecting the sanctity of the law also protects traditional practices and is stopping its abuse.

As Samoans, many of us have either seen ifoga through the eyes of the perpetrators’ aiga, victim’s aiga or externally as an onlooker. Even crimes as serious as murder could be healed between the victim and perpetrator’s aiga. The idea of the perpetrator’s aiga seeking forgiveness through the exchange of ie toga, corned beef, monetary gifts, lauga and prayer is foreign to Western society.

However, it is a Samoan way of showing true remorse and seeking forgiveness. That is why it works.

It works for many reasons but mostly because of its mamalu nature. The practice of ifoga is one of the highest displays of Samoan respect, as it involves ie toga, matai, ministers and the elderly. The involvement of these highly treasured people and possessions shows how dignified this practice is.

The sincerity of ifoga is also felt by the victim’s aiga, as the perpetrator’s aiga arrive lowering themselves, sitting on the ground outside, with their heads bowed down. The placement of the ie toga on top of the family members of the perpetrator is a humble and sincere request for forgiveness.

For the victim’s family, although still grieving, most would receive ifoga with a heart of forgiveness, as they are humbled at the mamalu and dignity shown to them. There have also been many instances where friendships are formed between families.  

This is why this practice holds so much respect and for it to be abused in such a manner and not accorded properly, gives all the right to the court not to factor the ifoga in as a mitigation plea.  

The offender in this case waited for almost two years to offer the ifoga when it should have happened soon after the offending. The action of the man also showed that he hit a man on the head with an iron rod while he was apologising to him.

The actions of the court stand true to the statement by Chief Justice Satiu Simativa Perese where he highlighted a critical observation made by the Court of Appeal in 2008, stating that Samoa's legal system must blend Samoan customs and usage with English common law to align with the values of the Samoan people and institutions.

He made the statement as he gave a response in support of ridding the parallel legal systems and having the Supreme Court as the apex court in the Samoan judicial system. He highlighted that customs and laws have been used together.

The practice of ifoga should continue in such matters but should not be a way to escape justice from criminal behaviour but a way to allow closure and forgiveness to work.

The courts are doing their part to stop abuse of customs and traditions, other high institutions should also do their part.