Safata East asked for Prohibition Order over Land & Title Court hearing their court case

The chiefs of Aiga Sa Tunumafono, Tuia Pua Letoa, Afemata Tunumafono Apelu Aiavao and Anapu Aialii Anapu

BY Lagi Keresoma. 

APIA, SAMOA: TUESDAY 27 OCTOBER 2015: Safata district will once again make headlines when a petition by Safata East for a Prohibition Order against the Land and Title Court will be heard in Court next month.  

 Safata East which consists of Aiga Sa Alataua have already lodged the application in Court and according to Court documents, the Land and Titles Court has no jurisdiction to make a ruling over an issue which is entirely up to the discretion of the Government. 

The application for a Prohibition Order revolves around the legal argument by the Aiga Sa Tunumafono against the division of Safata.

In previous interviews with Aiga Sa Tunumafono chiefs Anapu Aialii Anapu, Tuia Pua Letoa and Afemata Apelu Aiavao, they claimed that the division should have been based on the meeting grounds of Siulepa ma ona Tua and Togamau ma ona Tua, but not on Aiga Sa Alataua and Aiga Sa Tunumafono, which is now Safata East and Safata West. 

Based on that belief, Aiga Sa Tunumafono lodged a legal argument over the division of Safata’s electoral boundaries and the Lands and Titles Court to set a hearing date.  

According to Court documents, the Lands and Titles Court should not have allowed the Aiga Sa Tunumafono’s legal argument in their Court, which was scheduled to be heard on the 3rd November 2015.   

That hearing has since been postponed until the hearing of Safata East’s application before the Supreme Court on the 23rd November 2015.   

Safata East made an application to the Court to have their matter heard earlier before the actual case at the Land and Title Court. 

Documents show that Safata East’s petition is against a decision by the Land and Title Court which allows the Sa Tunumafono clan to file a case against the division of Safata district.   

Safata East now comprises 4 sub villages of Fausaga, Tafitoala, Mulivai and Fusi whilst Aiga Sa Tunumafono, now Safata West includes Sataoa, Vaie’e, Nu’usuatia, Sa’anapu and Lotofaga. 

After the division, the chiefs of the Aiga Sa Tunumafono lodged a complaint in Court in March 2015 claiming the division as illegal and even sent a delegation to Parliament to present their objections to the division.