SHOULDERING THE BLAME
By: Nanai Taofiga Laveitiga Tuiletufuga
Government is shouldering the blame for the three Lands and Titles Court legislative measures under Spartan scrutiny says Prime Minister Tuilaepa Dr. Sailele Malielegaoi.
“It’s a campaign platform leading up to the General Elections next year,” he continued.
In an exclusive interview, the Prime Minister explained that it’s the families and matais grave concerns which prompted the L.T.C. law amendments.
“The amendments is the Government response to the wishes of those affected,” he added.
To set the record straight, the Prime Minister admitted for the first time since the law amendments have become an issue of interest, Government since 2009 was approached by families to address a large number of questionable decisions by the Lands and Titles Court. And in 2016 Government after the country’s historical two-thirds majority re-election endorsement, Government could no longer remain silent by ignoring the pressures from the family’s audible complaints.
“A Special Parliament Commission of Inquiry was immediately enacted in 2016 which recommended the amendments now under review after the Committee’s report with recommendations was tabled and approved by Parliament,” he reminisced. That review according to Tuilaepa found a range of chronicle discrepancies which included 400 pending and outstanding LTC Court appeals decisions. “A great deal of these appeals were not addressed, some for years. In in some cases, the appellants or plaintiffs had passed away,” he added.
And he says that that critics have again “jumped the gun” with their conclusions to condemn the bills, when it fact, the three legislations are not final until the due diligent process is completed. Still under public scrutiny the Parliamentary Committee, assigned exclusively to exhaust the process to review the three legislative measures will table the report with amendments, for final approval by Parliament as mandated by law.
“The process is far from over,” he reiterated. To that extend, the Prime Minister is urging the public to register any proposed changes with the Parliamentary Committee.
For example it’s the family’s prerogative to disagree with the proposed change to limit the number of sa’o and can register their views with the Parliamentary Committee. “Certain extended families are disappointed with their sa’os’ abuse of privilege as a family leader using her or his position for personal financial gains without the family’s consent,” said the Prime Minister.
Also, government is not regulating or removing the family’s constitutional right to review, select and appoint their own respective sa’os to lead their families.
The amendment for community rights over individual rights is also an issue.
“Unlike the status quo, both the individual right of a single person and community rights representing the Pulega a Alii ma Faipule and matais will be recognized equally by the court, if the amendments become law,” Tuilaepa explained.
The Appeal Process is also under the microscope and the amendments stipulates for Appeal decisions to be delivered within three months.
He says that the Former Chief Justice Tiavaasu’e Patu Falefatu Sapolu, the longest serving CJ and Attorney General has publicly endorsed the merits and benefits of the legislative constitutional amendments which are for the “benefit of Samoa and not for an individual or group.”
While uncomfortable that the L.T.C. legislative measures are in the limelight for the wrong reasons he says that he is happy to see that it’s a “stark reminder that democracy is very, very alive in Samoa.”
“It’s our honor and privilege to shoulder the burden and blame on behalf of family heirs denied ownership and rights to matai titles and cultural land ownership,” added the Prime Minister. “That is the difference between politicians and statesmen and stateswomen,” he continued. “Re-election is the primary agenda for Politicians while the HRPP is a caucus of Statesmen and Stateswomen dedicated to long term beneficial reforms for future generations.
He reiterated that the LTC legislations undergoing the due diligent review process prescribed by law is a response to address “the endless grave grievances” personally registered with him and Cabinet Ministers questioning the integrity of the Lands and Titles Court.
“Only a small percentage of the uninformed public coupled by a deliberate and visible band of obsessed political critics and observers desperate to overthrow the government are condemning the legislations,” he concluded.
