Re: Land and Court ruling
Ahem I’m a little confused here! So how does a lease granted under the Alienation of Customary Land Act 1965 end up as public land? According to Justice Tafaoimalo “Leases granted over customary land fall within the jurisdiction of the Supreme Court as they operate as leases of public land”.
Well, well, well what do yah know? This is what Fiu, Maua and Iuni have been warning the Samoan people about for so long now, that LTRA 2008 is a Torrens Tittle system that alienates the Aiga’s customary lands.
I don’t know how else the government and their gang are going to spin this but to me it sure looks like alienation of customary land. Another issue here is why is customary land lease/licence under ACLA 1965 but registered in LTRA 2008? And how does Land and Tittles Court, Land and Tittles Court of Appeal have no jurisdiction over this case involving customary land?
Justice Tafaoimalo has stated that customary land lease is recognized as public land. So what happened to the customary part of the lease?
In our Constitution article 101. Land in Samoa - sub-clause (4) Public land means land vested in Samoa being land that is free from customary tittle and from any estate in fee simple.
And right after that is article 102. No Alienation of Customary Land.
And right after that is article 103. Land and Tittles Court -
There shall be a Land and Tittles Court with such composition and with such jurisdiction in relation to Matai tittles and customary land as may be provided by Act.
I may not be learned as our Justice but to me a lay person our Constitution is pretty much self explanatory. And yes I do understand the second applicant’s right to a fair trial and their day in court. But that is not the issue here, I am concerned that all customary land lease/licence is registered as public land.
I am also curious about the term of lease/licence as ACLA 1965 article 4. Power to grant lease or licence - sub-clause (1)(b) if the authorized purpose so approved is a hotel or industrial purpose, for a term not exceeding 30 years, with or without a right or rights of renewal for a term or terms not exceeding an additional 30 years in the aggregate, as may be approved by the Minister;
Now this is very interesting as the second applicant has invested $30 million into this resort, one can only presume that, (1) the lease is for a very, very long term and (2) the lessee has mortgaged their lease hold for it is registered under LTRA 2008 in accordance with ACLA 1965 article 4. sub-clause (2) and (3).
ALCA 1965 article 4. Power to grant lease or licence - sub-clause (2) For the avoidance of doubt, an interest in the lease or licence of customary land that the Minister can grant by subsection (1) includes a mortgage of the interest of the lessee or licensee.
(3) The process of registration and discharge of mortgages in the Land Titles Registration Act 2008 applies to the registration and discharge of such mortgages. Many people queried the HRPP government in past interviews if LTRA 2008 is in fact a Torrens Tittle Land registration system, but there was much denial, smoke and mirrors about their true intentions. And now it seems like the real underlying hidden agenda of LTRA 2008 is slowly being revealed ... registering customary land as public land.
“Real patriotism is a willingness to challenge the government when it’s wrong” Quote by Ron Paul. Soifua,