About customary land alienation

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Dear Editor,

Re: Baseless argument 

I tend to agree, the L.T.R.A. Act cannot alienate ownership of customary lands, however this and the CUSTOMARY LAND ADVISORY COMMISSION ACT 2013 which amends the ALIENATION OF CUSTOMARY LAND ACT 1965 potentially opens up the alienation of use of customary lands through leases and Mortgages entered into by individuals rather than the whole aiga with interests in the land.

I am getting a bit tired of the constant noise about this, but as PS Jeffrey states, nothing has been tested in the Courts

Despite some sloppy drafting, it seems that the CONSTITUTION OF THE INDEPENDENT STATE OF SAMOA provides protection against alienation of ownership of these lands and would prevail against legislation that may contradict this position.

 

K.H.

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