A bill was introduced in the house last week that would remove the one-half Samoan blood requirement for a matai title claimant, adds a requirement that a claimant must possess a hereditary right to the title and removes hereditary right as a point for the High Court when determining the best qualified candidate for a matai title.

Current statues state that in the trial of title cases, the High Court shall be guided by the following considerations, in the priority listed:

• The best hereditary right, as to which the male and female descendants are equal in families where this has been customary; otherwise the male descendant prevails over the female;
• The wish of the majority or plurality of those clans of the family as customary in that family;
• The forcefulness, character and personality of the persons under consideration for the title, and their knowledge of the Samoan customs; and
• The value of the holder of the title to the family, village and country.

According to Faimealelei this criterion is unfair hence this is why he has submitted this measure again. He pointed out that blood relation is blood relation and the way the current statute is worded a “male descendant will always prevail over the female” and that is not right and it has to change and now is the time for that change. 

He told Samoa News over the weekend that in numerous families it’s the women who are now at the helm of running their family affairs and despite their tautua or service it will never be enough as long as this criteria still exists, the men will always prevail. Samoa News notes this is not the first time this measure has been submitted for fono approval.

In 2008 then Senate President Lolo Matalasi Moliga who is now Governor sponsored the measure pointing out that the "hereditary right" criterion "is not fair" when it comes to determining the qualified candidate. He said this 'hereditary right" consideration should be deleted and leave only the other three considerations for the court to base their final decision on. "I believe this amendment, if enacted, is fair for everyone who has bloodline to any chiefly title," said Lolo. "As long as you are bloodline and endorsed by the family and approved by the court, you should be given every consideration for that family title."