The legal system of Samoa
English common law received through New Zealand administration and continued at independence in 1962, the first Pacific island state to become independent. What makes Samoa distinctive is that fa'a Samoa β the customary order of matai (chiefly) titles and extended families β is built into the constitutional structure rather than sitting beside it: only matai may stand for the territorial seats in Parliament, and about 81% of land is customary land that the Constitution forbids alienating. The Land and Titles Court, which decides matai titles and customary land, has a jurisdiction the ordinary courts cannot touch.
Legal tradition
Samoa belongs to the common law with customary law tradition. English common law received through New Zealand administration and continued at independence in 1962, the first Pacific island state to become independent. What makes Samoa distinctive is that fa'a Samoa β the customary order of matai (chiefly) titles and extended families β is built into the constitutional structure rather than sitting beside it: only matai may stand for the territorial seats in Parliament, and about 81% of land is customary land that the Constitution forbids alienating. The Land and Titles Court, which decides matai titles and customary land, has a jurisdiction the ordinary courts cannot touch.
How power is divided
Unitary. Parliament legislates for the whole country. Below it, about 250 villages govern themselves through the village fono (council of matai) under the Village Fono Act 1990, which gives customary village authority statutory recognition β a genuine layer of local government rather than a delegation of central power.
Where law comes from
- The Constitution
- Supreme law; expressly protects customary land from alienation.
- Acts of Parliament
- Unicameral Legislative Assembly (Fono).
- Samoan custom and usage
- Applied by the Land and Titles Court and recognised by the Village Fono Act 1990.
- English common law and equity
- In force so far as not excluded by statute or inconsistent with custom.
The legal profession
A fused profession under the Lawyers and Legal Practice Act 2014: lawyers are admitted by the Supreme Court and must hold a practising certificate from the Samoa Law Society. Most qualify at the University of the South Pacific or in New Zealand. Practice before the Land and Titles Court is different in character from ordinary litigation, because the issues are matai genealogy and customary entitlement rather than statutory or common-law rights.
Law by topic in Samoa
- Business & CorporateCompanies Act 2001 with foreign investment reserved listsIncorporation under the Companies Act 2001 through the Ministry of Commerce, Industry and Labour, with foreign investment regulated under the Foreign Investment Act and certain activities reserved to citizens.
- Criminal LawCrimes Act 2013 replacing the 1961 OrdinanceOffences are codified in the Crimes Act 2013, which replaced the Crimes Ordinance 1961, with procedure under the Criminal Procedure Act 2016. There is no death penalty.
- Employment & LabourLabour and Employment Relations Act 2013 with unjustified dismissalA single modern code in the Labour and Employment Relations Act 2013 covering minimum terms, unions and dismissal, with mediation before adjudication and a national minimum wage.
- Tax LawIncome Tax Act 2012 with VAGST at 15%Income tax under the Income Tax Act 2012 administered by the Ministry for Revenue, with consumption taxed through the Value Added Goods and Services Tax at 15%. No capital gains or inheritance tax.
- Constitutional Law1960 Constitution blending fa'a Samoa with Westminster formIndependent since 1962 under the 1960 Constitution, which grafts Westminster institutions onto fa'a Samoa: the Head of State, a Parliament seated almost entirely by matai title holders, and constitutional protection for custom.
- Immigration & NationalityImmigration Act 2020 with citizenship by investment availableEntry and residence under the Immigration Act 2020, with employment requiring a work permit assessed against local labour availability, plus a citizenship-by-investment route under separate legislation.
- Civil ProcedureSupreme Court rules with a separate Land and Titles hierarchyDistrict Court, Supreme Court and Court of Appeal form the ordinary hierarchy, running in parallel with the Land and Titles Court, which has exclusive jurisdiction over customary land and matai titles.
- Property & LandAbout 81% customary land, constitutionally inalienableRoughly 81% of Samoa is customary land held under fa'a Samoa and constitutionally protected from alienation by article 102. It cannot be sold. The Land and Titles Court, not the Supreme Court, decides customary entitlement.
- Family LawDivorce and Matrimonial Causes Ordinance 1961 with village authorityDivorce under the Divorce and Matrimonial Causes Ordinance 1961, marriage under the Marriage Ordinance, and a family violence regime in the Family Safety Act 2013 heard in a dedicated Family Court.
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