Samoa Β· Overview
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.
Found something out of date on Samoa Β· Overview?
Corrections are reviewed against the primary source before anything changes.