The law is the law irrespective of what chiefs or matai in the village decide. If those decisions are not aligned with the law, they are questionable, and those acting illegally should face the law.

That is what the matai and untitled men from Lefagaoalii, Savaii found out. In September 2023, an elderly man was beaten up at his home, hog-tied and carried more than a kilometre towards an ‘umu’ where he could have met his fate.

He defied the other chiefs, as he was also a chief, to vacate the home that he had built and refused the banishment order for the alleged show of aggression towards a priest. This resulted in the matai ordering the untitled men to carry out their orders. This is a classic case of draconian practice by the chiefs, who believe that their titles and privileges make them above the law and untouchable by the law.

After spending time in custody and realising that they should not have taken the law into their own hands, they told the court that they were sorry and learnt from their mistakes.

"We know that what we have done is wrong and we have set a wrong and bad example for the youth of our village. "We will advise the future generations (tupulaga lalovaoa) and all villagers that what we have done to the victim is wrong and unlawful."

There is a danger of that. The children or the younger generation see how their role models handle matters and that is the path they take. Taking the unlawful path is easier because here, one does not have to decide what is right and wrong, just what is wrong to him as a chief.

The Lefagaoalii incident is not an isolated incident where the matai/chiefs rule on something unconstitutional and illegal. Abuse of power by matai is becoming too common in many villages. Some chiefs can use their authority to mistreat people. Last year in Vaitoomuli, Savaii, Autagavai Upa and his family were banished because he had inquired about a piece of land used under the district development project. The matai who did not like the questioning, exiled the man and his family.

Another incident was the case of Matamua Ieremia Leatioo. He is a matai of Salelologa who was jailed for 18 months in September last year. He is a taxi driver. The complainant was at the Salelologa wharf and took a cab to the Salelologa market sometime in June 2023. Instead of taking her to the market, she claimed the taxi driver took her to a bush near Don Bosco School where the defendant attempted to rape her. He later used his influence and had the village council question the victim and branded her a liar.

The council then wrote a letter to the Supreme Court telling the Chief Justice to dismiss the case because the chiefs had ruled that the victim was lying. Why does the village council think it has authority in the criminal jurisdiction of the legal system? In this case, you cannot rule out the matai using his influence to victimise the complainant. Is this justice? A woman is subjected to a horrendous crime and then later exiled because the accused has power and authority in the village. This is not how justice works.

Villages have by-laws but most are unwritten laws, can be invented and are often open to abuse by those who hold power. A matai used his influence for a personal vendetta or in this case, a political motive.

This is unjust. The way village councils operate is a complex issue and what is getting out of hand is that some matai think they are above the law. This is something legislators need to look into. Village bylaws need to be written and then approved in the same way any law does.

There should also be a consultation with all leaders and they made aware of how the rule of law works and the rights enshrined in the Constitution of Samoa, the supreme law of this land. Some may not know what they are doing is wrong while some know it, but do it because they have the power to do so.

Laws are there to protect people, not to subject them to abuse. Laws protect our general safety, and ensure our rights as citizens against abuses by other people, by organisations, and by the government itself.

Without laws, society would descend into chaos and anarchy. Laws act as a deterrent, discouraging individuals from engaging in harmful or criminal activities. They set boundaries and establish consequences for those who violate societal norms.

Tradition and culture are a big part of the Samoan society. They should never be used as a means to exert abuse or break laws. We have a Constitution, the supreme law of the land and other various laws that help keep peace and order.

As matai, they are leaders of their villages and communities. They have the power to good, be just and fair. They should not let political or personal grudges come in the way of decision-making. They are traditionally empowered to care for the people and not subject them to abuse.