I write in response to Petelo’s Suaniu’s letter titled “A load of rubbish.”
Well speak of the devil, its Stui’s rubbish boy. Petelo, the L.T.R.A. 2008 is unconstitutional when H.R.P.P. government decided to skip an important directive in our Constitution.
Let me re-quote if you missed it the first time.
109. Amendment of Constitution
(1) Any of the provisions of this Constitution may be amended or repealed by Act, and new provisions may be inserted in this Constitution by Act, if a bill for any such purpose is supported at its third reading by the votes of not less than two-thirds of the total number of Members of Parliament (including vacancies) and if not fewer than 90 days elapse between the second and third readings of that bill:
Provided that no bill amending, repealing or adding to the provisions of Article 102 or the provisions of this proviso shall be submitted to the Head of State for assent until it has been submitted to a poll of the electors on the rolls for the territorial constituencies established under the provisions of Article 44 and unless it has been supported by two-thirds of the valid votes cast in such a poll.
(2) A certificate under the hand of the Speaker that a bill has been passed under the provisions of clause (1) shall be conclusive and shall not be questioned in any court.
No bill amending, repealing or adding to Article 102 shall be submitted to Head of State for assent until there is a poll of the electors. How else do you want to spin it, Mr. Spin Doctor? There was never a referendum of the voters!
Yes nobody took this matter to Court because the government was giving out mixed signals plus denying it was a Torrens title registration system.
Like I said all lands under L.T.A. 1992/1993 was automatically converted to L.T.R.A. 2008 and registered without a fuss because most people had no idea.
It was during A.D.B’S help in establishing C.L.A.C. 2013 to appease the financial sector that the mortgaging of Lease was fully understood. The citizens of Samoa left it in good faith thinking the H.R.P.P. government was doing the right thing by them but obviously it was to satisfy the big Bankers first.
So many critics queried and asked the government for clarification of L.T.R.A. 2008 and now most recently S.L.R.C.’s Dr. Lalotoa Mulitalo Seumanutfa confirmed in Auckland that L.T.R.A. 2008 is in fact a Torrens system.
The Land Registration Act 1992/1993 was a deed system of registration, and the Land Titles Registration Act 2008 introduced the Torrens system of land registration in Samoa.
It may be a better way of registration and keeping track of land ownership but the argument is about registering one person as owner and allowing of customary land lease to be mortgaged.
The main object of the Torrens Title System is to make the register conclusive. Once your name is registered on the Torrens Title register, you become the owner of the property to the exclusion of all others. You therefore obtain ‘title by registration’, which is a pivotal concept of Torrens Title.
Under the system, a Certificate of Title exists for every separate piece of land. The certificate contains a reference that includes a volume and folio number, ownership details, easements and/or rights of way affecting the land and any encumbrances including mortgages, leases and other interests in the land.
Another thing you say customary land lease/license still under A.C.L.A. 1965.
Yet it is allowed to be mortgaged under C.L.A.C. 2013 and registered under L.T.R.A. 2008. Please ask your uncle to clarify this. Ia se’i ou alu e fai sa’u ipu ti ma ai sa’u pagugu.