A matai from the village of Saina has described the decision by the Land Commission in relation to a dispute over 74 acres of land in Saina as "impractical". 

Papali'i Tavita Moala fronted the media on Tuesday morning and expressed his views about the decision claiming that it has destroyed the village and he fears that there won't be any more peace within the village. 

He reaffirmed that he was not criticising the decision but was rather only raising the facts of the issue according to what he believes is the right thing. 

He also spoke about the rationale behind the claims and why the matter reached the courts in the first place. 

Earlier this month, the Land Commission ruled that the 74 acres of land being disputed is owned by Alii and Faipule of the village and rejected claims it was freehold owned by individuals.  

"One of the things that needs to be made clear is that the land is a freehold that were bought by Tongans. People from Tonga are not Samoan and I am not going to criticise the decision. 

"The Tongans came to Samoa in 1870 and they bought lands from the Ale family in Toamua in the year 1873. I have records of when the Tongans purchased the lands. 

"Our argument is that the people who purchased the land are not Samoans. The only way they can own customary lands is when they buy it. That is why this matter ended up in court."

Papali'i is of the view that the decision of the Land Commission will not stop their fight. He also questioned the legality of the constitution that was used by the Land Commission as the basis of the verdict. 

"Was it the constitution by the British administration, German administration or the constitution of Samoa? I have the utmost respect for our judiciary, and like I said, I am not criticising the decision but I am expressing what I feel is the right thing in my own perspective based on the evidence I have. 

"But we will not stop our fight. There will be a judicial review and we will argue that we should be compensated. Our ancestors and forefathers should be compensated with the cost of land we now have and paid by the government. 

"My own interpretation of this decision is that we cannot operate in peace now and in the future. Some people are happy with the decision but they don't understand the impact of the decision. 

"My own understanding of this decision is that it will be hard to have any developments in the village or build new houses and roads within the village without a full consent from Ali'i and Faipule of the village. 

"If a family wants to build a new house or renovate their old house, if one matai opposes, it means they can't renovate their house. 

"The decision is impractical and it will destroy the village and stir up trouble within our village. 

"I challenge those who have rejected our claims and are happy with the decision to go ahead and build their houses or any other development if they can do so given that the decision has determined that Ali'i and Faipule own the lands. 

"I have the right to take this case to the next step and as a matai from Saina, I have the right to reject or oppose to any other developments within the village."

Chaired by Chief Justice Satiu Simativa Perese, the Land Commission was asked to determine whether the land at the centre of the dispute is customary, freehold or public and to enforce a 120-year-old indenture.

There were six different claims being pursued by claimant Motuopuaa Siaki Lauaki and for two of those claims he was joined by Papali'i. 

All of the claims failed following the Land Commission’s investigation as well as evidence put forth by multiple parties during the course of the proceedings.