The Steering Committee for the district grants has invited the Office of the Attorney General (A.G.) to provide legal opinions on the findings of investigations into long-standing issues concerning two district councils. 

The invitation follows a series of investigations on the handling of public funds and district projects that have raised concerns over compliance with legal and regulatory frameworks.

Loau Donina Va'a, Chief Executive Officer (C.E.O.) of the Ministry of Women, Community and Social Development (MWCSD), confirmed the move in response to queries from the Samoa Observer. 

The invitation to the Attorney General was made in light of concerns raised by the district council of Lepa, which has yet to receive a formal response following a legal opinion issued by the A.G. The opinion, which was released on September 26, asserts that Lepa district was "unfairly singled-out" in the course of an investigation into the validity of its lease agreement.

The controversy surrounding the Lepa district council began when the Ministry of Finance (MOF) initiated an investigation into allegations of improper advance payments related to a district project funded by a $1 million grant. The investigation initially halted the district’s project, though work resumed after some time.

The Attorney General, Sua Hellene Wallwork, reviewed the findings and issued a legal opinion stating that Lepa's deed of lease with the Congregational Christian Church of Samoa (C.C.C.S.) was invalid, requiring remediation to ensure compliance with the Leasing and Licensing of Customary Land Act 1965 (LLCLA). In her letter to MWCSD, Sua Wallwork recommended that the Ministry release any remaining funds from the $200,000 grant to Lepa district to ensure it was not "unfairly singled out." However, she emphasised that no further funding should be provided until the district's lease agreement was corrected.

In her analysis, the A.G. explained that the deed of lease lacked essential legal descriptions, including the status of the land—whether customary, freehold, or public—which is crucial for determining the appropriate regulatory framework. Based on consultations with the Ministry of Lands and Survey, the A.G. confirmed that the land in question was customary, meaning the lease must comply with LLCLA 1965. The Attorney General's findings also criticised the Ministry of Finance for disregarding her office's legal concerns about the lease’s validity.

In addition to the Lepa district case, the Attorney General’s office has also reviewed allegations of financial mismanagement within the Fa’asaleleaga No.2 district council. It was discovered in February 2024 that $175,000 allocated to pay staff salaries was misappropriated. 

The Member of Parliament for Fa’asaleleaga No.2, Magele Sekati Fiaui, denied the allegations, suggesting that the funds were wrongly withheld by the council secretary. However, the Attorney General’s investigation found clear evidence of fund misappropriation, recommending that the Ministry take corrective actions.

The Attorney General’s legal opinion further recommended that the Ministry of Women, Community and Social Development examine Fa’asaleleaga No.2’s lease to ensure it complies with the relevant laws and regulations. The A.G. also called for a review of the district’s financial practices, particularly in relation to the Project Operational Manual (POM), which outlines how funds should be processed and used.