Transcript
AUTAGAVAIA TIPI AUTAGAVAIA: He was speaking on love. And he asked the question 'where is love?' Then he referred to Article 102 of the Constitution where he is calling on the public and members of the country to make a stand together to allow the [fixing of this] ambiguity of this article of the constitution. And he is also calling on the government that this particular article needs to be amended. He said the article needs to be about the protection of customary land and make sure it is not alienated or to use customary land as mortgage. As you understand Parliament last month in its second reading is also considering an amendment to the registration of this customary law act. So he is calling on all people to make a stand to amend section Article 102 of the Constitution and this is people's rights and said it is the right of all heirs of customary lands in Samoa whether they live overseas or live here in Samoa.
SARA VUI-TALITU: Of course if we rewind back to 2008, Tui Atua would have had to have signed to give his final approval did he mention at all what happened there?
AT: Very little. But when I asked the question that he has been under scrutiny for making noises now about the 2008 Land Registration Act but he was the Head of State at the time and he endorsed it. And this is a particular criticism from the government so when the former Head of State was speaking at University of Auckland in February where he said that he was very concerned of the parliament's 2008 Land Registrations Act when it came to him for signature. But when the Samoan PM Tuilaepa Malielegaoi said during his tenure as Head of State he had only enquired about two pieces of legislation, but not this one. So I put the question to him, and he said he had written to the Attorney General at that time but he was trying now to find a copy of that letter but no one can find it. And unfortunately it seems that he didn't keep a copy of that letter and he did not speak publicly about that letter of concern.
SV: Why do you think he has come out now, do you think Tipi?
AT: He said that to him, he didn't want to object or go against whatever the government was saying about the issue. But because he is a citizen and as a suli or heir of customary land, he knows this Act of land registration passed in 2008, he is really against Article 102 of the constitution - in particularly for the protection of land from alienation.
SV: Did he offer any advice moving forward?
AT: He is calling on the government and members of Parliament to amend the Article 102 of the constitution.
SV: And how likely do you think that might be in the current [political] climate?
AT: The ruling party has more than two thirds majority. And so if this legislation were to go back to parliament for consideration, for sure the ruling Human Rights Protection Party would unanimously vote to support the [current] legislation. The other thing he talked about was to have a referendum and for everyone to have a say instead of taking this legislation to court for the government to have a referendum and whatever the outcome is of that referendum that is the end of it.
