Year 2022
The Samoa Law Reform Commission is very pleased to publish its Final Report for its Review of the Family Laws of Samoa endorsed by Cabinet in December 2022, marking the completion of this very important review for Samoa.
This Review was initiated in 2018 in response to concerns raised by the Judiciary that the family laws of Samoa were in dire need of review and reform for more updated and current family laws. Following multiple preliminary consultations between the Commission and the Ministry of Justice and Courts Administration (MJCA) as administrator for the family laws, agreed for the Commission to lead this Review. A Terms of Reference was developed by the Commission and endorsed by the Office of the Attorney General in October 2018. This Review included the following six (6) family laws:
- Infants Ordinance 1961;
- Marriage Ordinance 1961;
- Divorce and Matrimonial Causes Act 1961;
- Maintenance and Affiliation Act 1967;
- Family Safety Act 2013;
- Family Court Act 2014.
Following Cabinet’s endorsement of the Commission’s Final Report, it was submitted to the Office of the Clerk of the Legislative Assembly for tabling in Parliament (Stage 6 of the law reform process).
As the Commission celebrates the completion of this Review, we wish to extend our heartfelt faafetai, faafetai, faafetai tele lava to the people of Samoa for their invaluable contribution in the Commission’s Public Consultations through your Sui o Nuu, Sui Tamaitai o Nuu, Alii ma Faipule, Tina ma Tamaitai, the youth and all representatives who attended and participated in our consultations. Faafetai tele for your comments and views shared with us. These assisted and guided the Commission through the development of its Final Report and recommendations.
We also thank the great support of our key stakeholders, the Ministry of Justice and Courts Administration, the Office of the Attorney General, the Ministry of Police, Prisons and Correctional Services, the Ministry of Women, Community and Social Development, Samoa Bureau of Statistics (Births, Deaths and Marriages Registration Division) and others who assisted us at different stages of this Review (from the beginning until the completion of this Final Report). Thank you also to the Commission’s other partners who took part in the Commission’s additional consultations towards the completion of this Review (Ministry of Health and Scientific Research Organization of Samoa).
Malo lava faafetai tele lava le lagolago mai i galuega a le Komisi!
The Commission also takes this opportunity to acknowledge the former Executive Director, le Afioga Telei’ai Dr. Lalotoa Mulitalo for her leadership in this Review since its commencement. Her vision, perseverance and expertise contributed immensely in the successful completion of this Review.
The Commission looks forward to working together with all of you again in any future reviews.
God bless Samoa!
Final reports
Discussion paper
Year 2019
On the 20th November 2018, the Office of the Attorney General referred a reference to the Commission to review the Judgment Summons Act 1965 (JSA 1965). The Terms of Reference (TOR) required the Commission to do the following:
- Review the appropriateness of the current JSA 1965 in particular, the placement in custody of citizens for non-performance of a civil contract;
- Consult with stakeholders and the public on the current practice of the JSA 1965;
- Research relevant regional and international legislation that provide for alternative methods for debt repayments and consider adopting similar practices, only if applicable to the context of Samoa; and
- To make recommendations on appropriate legal framework on whether to:
- Reform the JSA 1965 (i.e. Remove the terms of imprisonment as a punishment for non-repayment of debts);
- Introduce new alternative methods of debt repayments under the JSA; or
- Remove government (by repeal of the JSA 1965) from any role in civil contracts for breach of debts.
Final reports
Discussion paper
Year 2018
The Samoa Law Reform Commission (Commission) in accordance with its mandates under the Law Reform Commission Act 2008, recommended a project to the Office of the Attorney General in March 2017, to consider and assess whether there is a need to regulate information sharing in Samoa.
The Term of Reference (TOR) was approved by the Attorney General’s Office in January 2018 and it required the Commission to:
- Consider and assess the issues on ‘exchange of information’ in Samoa between Government Ministries and agencies;
- Look at what laws and policies that govern the ‘exchange of information’ in Samoa between Government Ministries and agencies;
- Consider similar laws and policies in other countries on ‘exchange of information’ between Government Ministries and agencies; Provide suitable options for Samoa.
The Commission completed this review in 2018. Read our findings below.
Final reports
Discussion paper
On March 16, 2018, the Terms of Reference (TOR) for the review of the Law Reform Commission Act 2008 (LRC Act 2008) was approved by the Honourable Prime Minister. The Office of the Attorney General (OAG) endorsed the same on 20 March 2018. The Terms of Reference are as follows:
- To review the LRC Act 2008 to ensure it is kept in a modern state to suit the current context of Samoa;
- To research and review best practices of law reform processes that suit Samoa’s context and have the same available in a Law Reform Project Handbook;
- To work together with OAG, provide recommendations on a suitable framework for a new updated legislation and a Law Reform Project Handbook.
Following the submission of the Discussion Paper to Cabinet, the SLRC worked on a draft LRC Amendment Bill to address those issues/changes in the Discussion Paper. Read more on this below.
Final reports
In August 2014, the Samoa Law Reform Commission (Commission) received a Terms of Reference (TOR) from the Office of the Attorney General (OAG) to review the Property Law Act 1952 (Samoa PLA). The TOR required the Commission to:
- Undertake research and analysis of the Samoa PLA;
- Provide a report for recommendations on the review; and
- Carry out any other matter necessary to undertake the review.
The Samoa PLA, now nearly 70 years old, is largely based on the old New Zealand Property Law Act 1952 (NZ PLA 1952) which New Zealand has comprehensively reviewed and updated, resulting in the new Property Law Act 2007 (NZ PLA 2007). For Samoa, this is the first comprehensive review to the Samoa PLA since enactment in 1952.
Final reports
Year 2017
On 4 August 2017, the Hon Prime Minister accepted and endorsed the Terms of Reference on a Project entitled ‘The Review of the Laws of Samoa’ initiated by the Commission. The Commission refers to this project as ‘Toe Timata le Upega – O Tulafono a Samoa’.
The Terms of Reference are as follows:
- To identify the current fabric of laws (all 285 existing Acts of Parliament) of Samoa;
- To identify which Ministries, State Owned Enterprises (SOEs), or Constitutional Offices (Cos) are responsible for which laws (legal authority); and
- To identify and confirm from Ministries/SOEs/Cos any outdated laws under their administration and recommend removal, updating or replacing.
Final reports
In March 2015, the Samoa Law Reform Commission (Commission) received a Terms of Reference (TOR) from the Office of the Attorney General (OAG) to review the Narcotics Act 1957 (Samoa’s Narcotics Act). The TOR resulted from various concerns on the outdated nature of Samoa’s Narcotic Act, drug – related cases taking up a lot of the court’s time and resources, and reports of a certain sector of Samoan society which uses methamphetamine.
Final reports
Issues paper
The Samoa Law Reform Commission (Commission) received a reference from the Attorney General in 2008 to review all Ministry laws with a view to proposing a framework for uniformity in Government Ministry laws. Given the broad scope of the reference, the Attorney General in 2012 narrowed the review to focus specifically on the Ministerial and Departmental Arrangements Act 2003 (MDAA), with the following Terms of Reference (TOR):
- How the MDAA can be updated to reflect the current Ministerial and Departmental structures of all Government Ministries and Corporations; and
- How the MDAA can better become the uniform law establishing government Ministries and related matters.
Final reports
Discussion paper
In November 2008, Cabinet and the Attorney General provided the Samoa Law Reform Commission (Commission) with a reference to review and reform the laws regulating Samoan Court processes. The reference included the review and reform of the District Courts Act 199 (DCA), Judicature Ordinance 1961 (JO), the Supreme Court Civil Procedure Rules 1980 (SCR) and Magistrates’ Court Rules 1971 (MCR). Given the size of this project, the Commission broke up the report into parts.
Final reports
The Samoa Law Reform Commission received a reference from the former Honourable Prime Minister, in April 2015, to address abuses of powers of a Matai Sa’o (titular head) of the family. The terms of reference are a response to common complaints of abuse of powers by the Matai Sa’o primarily related to matai titles and customary land which has resulted in numerous disputes between family members and the family Sa’o.
Final reports
Discussion paper
Year 2016
In 2008, the Samoa Law Reform Commission (Commission) received a reference from the Attorney General to review the level of compliance of Samoa’s legislation with its obligations under CEDAW.
Final reports
Discussion paper
In 2008, the Samoa Law Reform Commission (Commission) received a reference from the Attorney General to review the level of compliance of Samoa’s legislation with its obligations under CEDAW.
Final reports
Issues paper
Year 2015
The Attorney General of Samoa in a letter dated 27 November 2008 asked the Samoa Law Reform Commission (Commission) to:
a) Examine the current legal protection of traditional knowledge including the extent of legislative protection under intellectual property laws of Samoa;
b) Examine Samoa’s obligations under international and regional conventions and agreements relating to traditional knowledge; and
c) Make recommendations for improvements to legislative protection of Samoa’s traditional knowledge, if further protection is recommended.
Final reports
Issues paper
On 5 February 2013, the Samoa Law Reform Commission received a reference from the Attorney General to assess if:
-It is appropriate in the context of Samoa to have a Sex Offender’s Register (SOR); AND
-If such a register would help in the deterrence of sexual re-offending?
Final reports
Discussion paper
Year 2013
In November 2008, the SLRC received from the Cabinet the reference to review and reform the District Court Act 1969. This reference formed part of the Commission’s review and reform of Samoa’ legislation governing the courts.
Final reports
Issues paper
On the 1st of February 2012, the Prime Minister and the Attorney General asked the Samoa Law Reform Commission to examine the feasibility and appropriateness of setting up a National Heritage Board to preserve Samoa’s various national heritage sites. The terms of reference specifically ask the Commission to research how national heritage boards overseas are established and operated.
Final reports
Discussion paper
The review of the Care and Protection Legislation to protect children and discusses existing legislation in Samoa that addresses care and protection issues relating to children in light of obligations under CRC. It will also make specific references to findings in a report by the Ministry of Women Community and Social Development on the Legislative Compliance Review of Samoa with the Convention on the Rights of the Child in 2006. Given the number of Acts involved, there will be a series of papers following this paper. This initial paper will focus on the Constitution of Samoa, the Infants Ordinance 1961 and the Young Offenders Act 2007.
Related reports
Issues paper
Year 2012
On 15 November 2011, the Attorney General referred to the SLRC a reference to examine the need for a body to regulate the media in Samoa, and to make recommendations for the establishment of such body.
Final reports
Discussion paper
Cabinet has referred down the freedom of religion issue to SLRC to look into ways in which we can legislate to bring harmony into the Village setting through the Village Fono Act. This now coincides with a general reference into the Village Fono Act which SLRC carried out in collaboration with MWCSD and other law and justice sector agencies.
Final reports
The second major reference of the Criminal Law review series this project involves the Criminal Procedure Act. This is a procedural law that sets out the series of steps or actions to be followed in order to validly administer justice. General rules are often inadequate for this purpose. Failure to provide important detail reduces the ability of the law to guide action. This review is intended to make recommendations which will attempt to ensure that individual rights are protected through the just application of rules, while not losing sight of the interests of society as a whole.
Final reports
Issues paper
Year 2011
The review of the Commission of Inquiry Act 1964 aims at improving and updating legislation governing any Commissions of Inquiry established in Samoa. It looks at appointment of members of the Commission, their powers, the scope of the investigative jurisdiction, and people entitled to be heard before the Commission and the process of publicizing their findings.
Final reports
Issues paper
This review of the Coroner’s Ordinance 1959 aims at improving and updating legislation governing the coroners work. There is a great need for a comprehensive and appropriate guide to assist and regulate the work of coroners in Samoa.
Final reports
Issues paper
The review of the Law Practitioners Act 1976 aims at improvising and updating legislation governing the legal profession in Samoa and also taking into account developments and trends in comparable jurisdictions. It also seeks to strengthen the disciplinary procedures contained in the Act to improve public confidence in the legal professions
Final reports
Issues paper
The review of the Prisons Act focuses on the shift towards a correctional approach whereby prisoners will be rehabilitated for integration into society when they have completed their sentence, hence a new correctional-focused legislation for prison administration in Samoa. The result of this review will be improving prison administration in Samoa that complies with international obligations under the relevant human rights conventions to which Samoa is a party to the extent that it does not conflict with Samoan culture, customs and traditions.
Final reports
Issues paper
In November 2008, the Samoa Law Reform Commission was given a reference into the laws regulating the Samoan Court processes by the Cabinet and the Attorney General. The reference includes the review and reform of the Judicature Ordinance 1961, District Court Act 1969, the Supreme Court (Civil Procedure Rules) and Magistrate Court Rules.
Final report
Year 2010
One of the three major references into criminal law, the review into the Crimes Ordinance 1961 was references to SLRC by both Cabinet and by the Attorney General. The project encompasses the review into not only modernizing the language of the law but also modernizing the mechanisms by which criminal offences such as rape, assault, and witchcraft to name a few and laid out and prosecuted. This review is done in an effort to keep the cultural integrity of Samoan values and tradition intact within the overall language of the law.
Final reports
Issues paper
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