I have followed with interest the issues arising out of the Land Registration Act.
I notice that there is ample evidence to say that customary lands will not be lost.
But I have not noticed anything about who gets ultimate control of a leased land should a company granted the lease and had mortgaged it gets bankrupt and the Government as guarantor takes over.
I want to ask: At what time would the original owners get to have control of their land. What conditions would have to be satisfied to enable matai or aiga to have control of their land again?
I think this is a crucial question since the law experts support the notion that customary lands will not and cannot be alienated under the constitution. However the nagging question of ultimate control after the event has not been adequately addressed.
Le Vaotogo Frank Smith