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PACIFIC ISLANDS REPORT Pacific Islands Development Program/East-West Center AMERICAN SAMOA COURT DECIDES ON CHIEFLY TITLE By La Poasa PAGO PAGO, American Samoa (Samoa News, May 8, 2008) - The Land and Titles Division of the High Court ruled this week that Te'o J. Fuavai is best qualified to hold the Aumoeualogo title of the village of Aoa. Four men vied for the title - Te'o, Fepulea'i Sila Poasa, Malagamaali'i L. Misailegalu, and Simei Pule, and a five-page ruling issued this week awarded the title to Te'o, a former senator. The ruling was signed by Chief Justice F. Michael J. Kruse, Chief Associate Judge Logoai Siaki P. and Associate Judge Su'apaia E.C. Pereira. The virtue of the claims of the four men were considered according to criteria (priority is given to the four criteria in the order listed) established by local law:
Best Hereditary Right The Court, using the traditional method of determining the percent of hereditary entitlement, found that Fepulea'i and Malagamaali'i both have 25% blood right to the Aumoeualogo title, each having satisfactorily shown descent from Aumoeualogo Foisaga, their grandfather. Regarding Te'o and Simei, the Court said both have 6.25% blood hereditary right. The Court said Te'o traces his ancestry to Aumoeualogo Malosi as being his great, great, great grandfather while Simei's genealogy shows Aumoeualogo Gapelu as being his great, great, great grandfather. For the hereditary right criterion, the Court found that Fepulea'i and Malagamaali'i equally prevail over Te'o and Simei. Wish Of The Family Clans The Court found that the Aumoeualogo family has two customary clans, Fanuatanu and Falealo. While the four candidates claimed that members of both clans of the Aumoeualogo family support their respective candidacies for succession, the Court said it was "clearly established on the evidence" that at a family meeting where both clans were well represented, Te'o, from Fanuatanu clan, "enjoyed clear majority support." "Indeed he was presented, without objection, the first 'ava cup by the family as successor for the Aumoeualogo Title," wrote the Court. "We find that Te'o prevails in this category." Forcefulness, Character, Personality, And Knowledge Of Samoan Custom In their assessment of the candidates as they each appeared on the witness stand and taking into account their respective personal histories, the Court rated both Te'o and Fepulea'i equally ahead in terms of forcefulness and personality. On the consideration of character, the Court found that Te'o and Malagamaali'i to equally prevail. "While all four candidates showed satisfactory proficiency and knowledge in matters of culture and custom, we find that Te'o clearly prevails under this consideration having acquitted himself very ably as a leading matai, with 40 years of experience, in the service of his family and village," the Court said. "Te'o therefore has better background and proven capacity to lead the Aumoeualogo family. He prevails on this issue." Value To Family, Village And Country The Court said that all four candidates in its opinion are "quite capable and qualified to be leaders of communal families." It further stated that each is highly educated and possesses the maturity and acumen to lead today's Samoan family. "We believe however, that Te'o also prevails in this category," wrote the Court. The Court looked at the exemplary employment history of each candidate and evaluated very closely the contribution that each has made to family, village, church and country. The Court said that while Fepulea'i, Simei and Malagamaali'i were outside of the territory working in and out of the military and other commitments, Te'o devoted all of his life in the service of his family, village, church and country. "He [Te'o] is a self-taught educator all his life and held various posts of responsibility," said the Court. "Additionally, he has been a leading chief, second only to Aumoeualogo in Aoa village and an active member of the village council. This has amply prepared him for the position he now seeks." Conclusion The Court concluded that Te'o is qualified to hold the matai title Aumoeualogo of Aoa village as he prevails on the second, third and fourth criteria. Te'o was represented by Afoa L.S. Lutu; Fepulea'i by Asaua Fuimaono; Malagamaali'i by Fiti A. Sunia; and Simei by Sharron I. Rancourt. The Samoa News: http://www.samoanews.com/ |
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