PROVIDE REAL AND FACTUAL EVIDENCE, PM DARES
By: Nanai Taofiga Laveitiga Tuiletufuga
Anyone including lawyers with real and factual evidence to provide without a benefit of the doubt that there are amendments in the three Lands and Titles Courts to alienate customary lands (fanua fa’aleaganuu) are urged to submit their evidence to the Parliamentary Committee.
And if the evidence supports these claims, the Prime Minister Tuilaepa Dr. Sailele Malielegaoi will task the Office of the Attorney General to remove any amendment in the three legislations to this effect.
The daring statement by the Government’s Commander in Chief in Parliament yesterday is a public challenge to critics who have accused government of using the legislative amendments to take over the ownership of communal lands.
Under the limelight since the beginning of this administration, Government has maintained that customary lands cannot be sold or mortgaged according to Article 102 of the Constitution of Samoa. However customary land can only be leased.
Customary lands can also be taken for public purpose under the Taking of Land Act 1964.
If Government wants to allow customary land to be sold or mortgaged, then it must first amend Article 102.
And the Prime Minister is also on record as saying that “government has no intention to amend Article 102.” said Tuilaepa.
Former Attorney General Lemalu Herman Retzlaff also issued a supporting public statement to this effect.
About 81% or 567,000 acres of lands are under customary ownership with the rest under government as public lands with freehold land accounting for the remaining 4%.
Latest report from the MNRE Land’s Division show that less than 1% of communal lands are leased out for developments which leaves over 500-thousand acres untouched and screaming for development into plantations and other purposes.
