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Major change in how Lands and Titles disputes are resolved floated

Fai’ivae Iuli Godinet
Proposal would by-pass Lands and Title Division of the High Court,
fili@samoanews.com

Pago  Pago, AMERICAN SAMOA — Sens. Fai’ivae Iuli Godinet and Soliai Tuipine Fuimaono are recommending the government look at having the land and matai title matters resolved with a final decision by the Office of Samoan Affairs, instead of the current process where it is addressed by the Land and Title Division of the High Court.

The recommendation was made public during the Senate Samoan Affairs Committee hearing earlier this week on the Administration bill giving the authority to the Office of Samoan Affairs to resolve land and matai title disputes. (See separate story on the bill elsewhere in today’s edition.)

Fai’ivae was the first to make the recommendation, during the nearly one-hour hearing, saying that there are other countries that have a specific court to handle such important issues.

He wondered out-loud whether or not it’s time to “equip” Samoan Affairs, with the task of overseeing land and matai title cases — by making the finial decision.

He noted that Samoan Affairs includes the Secretary of Samoan Affairs, and the three-district governors and all of them are well versed and aware of important matters on lands and matai titles. And they are in the community working with leaders.

Directing his statement to Attorney General Fainu’ulelei Falefatu Alailima-Utu, who was present at the hearing, Fai’ivae said, “is it about time, that Samoan Affairs [be] well equipped to make [final] decisions” on lands and matai titles, and equip them with a legal counsel?

And this process will eliminate cases being taken up by the Lands and Title Division of the High Court, he said.

“I think, [for me alone], it’s about time to well equip our Samoan Affairs... to become [the] land and title division of the American Samoa Government” making final the decision, Fai’ivae said, and noted that if there is a disagreement over the decision, it can then be appealed directly to the High Court.

Also present during the hearing, and mentioned by Fai’ivae in his statement, was the Secretary of Samoan Affairs, Mauga T. Asuega.

Soliai recalled that years ago, Samoan Affairs had their own legal counsel, due to the fact that they deal with land and titles disputes and he suggested to Fainu’ulelei that a legal counsel should be assigned to Samoa Affairs during the current Administration.

Soliai then revealed past discussions with Mauga for Samoan Affairs to take up all land and title matters and make a final decision, instead of the court.

He said the office has the Secretary and the three district governors and this is a sufficient panel to make decisions. And if families disagree with the decision by the Land and Title Panel of the Samoan Affairs then appeal it to the High Court, but not the appellate division of the High Court. He suggested that district governors undergo workshop training to prepare them for their roles on the panel.

Soliai called on the Attorney General to look into this important suggestion, and he argued that the final decision on lands and titles should be made by the Office of Samoan Affairs.