The ban placed on Samoan living overseas to be matai sa'o amounts to discrimination, lawyer Lefau Harry Schuster says. 

It was revealed this week that the ban on bestowing s'ao titles on Samoans who are not resident in the country was among several last-minute amendments added to a suite of bills restructuring the legal system passed by the Government on 15 December. 

The changes were inserted into the Land and Titles Court Act 2020 during its final reading in Parliament. The final copy of the legislation was only published this week.

“The Government continues to pass discriminatory laws," Lefau said.

"The discrimination in this matter is that they have differentiated Samoans living overseas and Samoans living in the Country. 

“It is my perspective that once a Samoan is born you belong to a Samoan family, you belong to a Chiefly title and you belong to a certain piece of land where the title comes from. 

If you are born in Samoa, these are automatically your inheritance and even if you’re born elsewhere in the world, you are entitled to the same inheritance, by the pure fact that you are related to this certain family title,” said Lefau, who is a high chief in his family. 

Attorney General Savalenoa Mareva Betham-Annandale says the changes are intended to “safeguard the integrity of the matai system.”

While a drafted rule to restrict families to having just five paramount chiefs per family drew concern across the country, the Attorney General says the new rules are based “following the public consultations.”

Lefau says the Government has limited the application of a Chief to carry out his or her duties in the family. 

“Even when you move overseas to New Zealand, Australia you take that title with you and continue serving your families overseas," he said. 

“There are more Samoans living overseas than in Samoa and families overseas are still keeping the Samoan culture and tradition alive; when there are funerals they conduct traditional presentations.

“Even in churches they are keeping our culture and traditions active. 

“It is not like once they move overseas they automatically turn into a palagi [caucasian]. 

"That is not the case, they continue serving as a Chief in their respective families.” 

Lefau said that it’s true while there is no communal land overseas, Samoan culture and traditions are kept alive in churches, communities, family events and funerals.

“Our culture and traditions are not limited in the country, as our people migrate overseas, so is our culture and traditions," he said. 

He added that Samoans living here will have the chance to be a matai sa'o in their family than Samoans living overseas. 

“Who gave the Government the right to determine the identity of Samoans living overseas and what they are entitled to,” asked Lefau. 

These new laws were done without legal foundation or proper consideration prior to moving forward with these policies. And now they are interfering with family affairs and as a Samoan, I totally object,” said Lefau. 

"It is a whole lot of rubbish! 

"These (titles) are inheritances Samoans are born with; your entitlement to family titles and family lands, it is your identity and yet the Government has interfered with it. It is wrong."

The new section of the L.T.C. Act 2020 now provides that:

• the selection and number of matai sa'o should not diminish the essence and importance of the matai sa'o; 

• ii. the bestowment ceremony of a matai sa'o to comply with section 15 – Validity of the bestowment of a Matai Title; 

• iii. given the responsibility of a matai sa'o, he or she is to be domiciled in Samoa and be present in the family and village to carry out duties expected of a matai sa'o. 

The new section 13 of the Land and Titles Court Act 2020 sets out principles to assist in protecting the integrity of the matai sa'o, however the decision on the appointment and the number of matai sa'o remains the prerogative of the suli and aiga.