Govt. moves to repeal outdated laws dating back to 1932

The Samoa Law Reform Commission has submitted a total of 17 Act and Ordinances before Parliament to be repealed under the Fabric of Laws Miscellaneous Repeal Act 2019. 

The proposed measure has been passed in first reading and will be debated in Parliamentary Committee before it comes back onto the floor for debate and final reading.

This bill was one of the three discussed when Parliament convened on Tuesday.

The Act and Ordinances to be repealed are Samoa Act 1921 (NZ); Samoan Market Ordinance 1927; Building Alignment Ordinance 1932; General Laws (No.2) Ordinance 1932; Law Reform Act 1964; Asian Development Bank Loan Act 1969; Hotel Levies Act 1972; Government Superannuation Act 1972; National Investment Corporation Act 1981; Royal Samoan Hotel Act 1984; Bad Debts Act 1990; General Wage Increase (Public Officeholders and Public Servants) Act 2001; Development Loan Authorisation Act 2005; Loan Authorisation Act 2006; Loan Authorisation Act 2007; South Pacific Games (Taxation Incentives) Act 2007; SEG International Enterprise Act 2011.

In Parliament, Prime Minister Tuilaepa Dr. Sa'ilele Malielegaoi explained these Acts and Ordinances have to be repealed as they are now moot. 

“These are old acts, such as the Samoan Market Ordinance 1927 which is no longer in existence and was located next to where the current fire station is located in town. Also all markets are now under the Samoa Land Corporation in Salelologa and Savalalo. 

“The Accident Compensation Corporation is currently overseeing the market in Fugalei. Other laws are outdated and should not be included in the law books of Samoa."

He said this is the first time a bulk of outdated laws have been brought forth to be repealed.

There expectation, however, that this will be conducted quarterly.  

According to the proposed law repeal of the Acts and Ordinances in section 2 (‘repealed Acts’) does not affect any rights or liabilities made under the provisions of the repealed Acts, and such rights or liabilities must continue and remain in force until they have been completed or ended. 

“The repealed Acts continue and must remain in force for the purpose of continuing and perfecting under the repealed Acts an act, matter, or thing, or any proceedings commenced or in progress under them, if there is no substituted provision adapted to the completion of the act, matter, or thing, or proceedings commenced or in progress under the repealed Acts. 

“A power or act which may be necessary to complete, carry out, or compel the performance of a subsisting contract or agreement lawfully made, entered into, or commenced under the repealed Acts may be exercised and performed in all respects to the completion of that contract or agreement.” 


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