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PACIFIC ISLANDS REPORT Pacific Islands Development Program/East-West Center SAMOA’S MALIETOA TITLE GOES TO COURT By Lagi Keresoma APIA, Samoa (Talamua, May 13, 2008) The 52 petitioners to the Malietoa title court case turned up in numbers today at the Land and Title Court, Mulinu'u, as the biggest ever case goes to court to sort out who should take the family title of one of the four paramount titles in Samoa. Out of the 52 petitions, 24 are against Papali'i Moli Malietoa, son of the late Malietoa Tanumafili 11, and 27 in support of him. Papali'i was bestowed the title last June at Malie and immediately brought protest from the other sides of the title who now claim that it is their turn. The official count of petitions as of last week was 36, however, one withdrew and two petitioners combined and lodged their petition as one, and brought the number down to 36. The 16 new petitions filed at the start of the case this morning brought the number to 52. One petitioner however has yet to pay his fee before being officially named a petitioner. The Court under Presiding Judge Tusani Fa'aolo Simanu spent most of the day sorting out the petitions and their witnesses from the 52 sides before they begin calling for submissions and evidence this Friday. As of last week, the Court stopped any new petitions from being lodged, however, the presiding Judge, Tusani Fa'aolo Simanu allowed new petitions on the condition that they pay $60.00 on the spot. The first new petition lodged today was by the Member of the Council of Deputies, Tuimalealiifano Sualauvi Va'aletoa in support of Papali'i Fa'amausili Moli Malietoa. Out of the 16 new petitions, only one was against Papali'i Moli. Central to the case is the argument by descendants of Malietoa Natuitasina and Malietoa Talavou’s opposition to the bestowal of the Malietoa title on Papali'i Fa'amausili Moli. They believe that heirs of Malietoa Moli should have heeded the decision by the Lands and Title Court of 1939, whereby, "all three clans of the Malietoa family (Talavou, Moli, Natuitasina) should agree to one appropriate person to carry the title." Si’a Kato Ulu Kini, a spokesperson of the village of Malietoa who bestowed the title on Papali'i Moli said that "all the heirs to the title have given their blessings to Moli." Asked if there was unity in the Malietoa Moli camp, he responded "yes, but there are only a few that are against Moli." As for the other clans, he said "some are against but the majority are for Moli." This was challenged by a descendant of Malietoa Talavou, Papali'i Mariner. She said none of the Talavou heirs are supporting Papali'i Moli. She also said that they are not against Moli, but the way they (Malietoa Moli clan) went about with the title bestowal. "They should have listened to the (Court) decision of 1939," she told Talamua. Mariner said that her great grandfather Papali'i Taimalelagi Tuiletufuga Lafo led their side in the 1939 case. She believes that harmony within the Malietoa clan can only be achieved through justice. The Court also heard former Parliament Speaker, Leuluaialii Itu'au Ale request to the Court to give the clans another chance "to settle the matter out of Court." However, presiding Judge Tusani said "that the chance had already being given, but still the matter ends back in Cour." He said the Court has given enough time and the request was declined. The case starts on Friday 16 May 2008. © 2008 Talamua. All rights reserved |
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