About customary land alienation

Dear Editor,

Re: Baseless argument 

ADVERTISEMENT

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.

ADVERTISEMENT

Related Stories


Bg pattern top

Sign in for free to read more stories

Bg pattern light

UPGRADE TO PREMIUM

Subscribe to Samoa Observer Online

Enjoy access to over a thousand articles per month, on any device as well as feature-length investigative articles.

Ready to signup?