Afega continue work on disputed land in police presence

By Lagi Keresoma

Apia, Samoa – 19 October 2023: The work on the disputed lands between Afega and Levi has continued despite part of the access road to the lands being blocked.

Since the Lands and Titles Court’s decision on Monday for Afega to continue their work, police have been on site to ensure the other party does not interfere.

On Tuesday Afega continued surveying and excavating the lands in the presence of the police.

A police source said no serious incident have occurred except some of the roads towards the dispute area being blocked.

The Police Commissioner Auapaau Logoitino Filipo led a team of police to Levi for more consultations with the Alii ma Faipule.

On Tuesday and Wednesday, more police officers were dispatched to monitor the situation.

LTC President decision
The President of the Lands and Titles Court, Lesatele Rapi Vaai issued an order through the Registrar Papalii John Taimalelagi, for the village of Afega to continue work on the lands claimed by Levi village.

The President’s decision was delivered during the meeting representatives of the two villages at Court on Monday this week.

The decision did not sit well with some of the village of Levi who took to the floor to express their views.

Some of the issues they raised included the:

• Length of time the people of Levi have occupied these lands,
• Police being bribed by Afega,
• Compensation of their assets being destroyed and
• Afega selling top soil from the land.

However, Papalii informed them that the Court’s decision binds all parties including MJCA and the Ministry of Police, and if Levi interferes with Afega’s work again, it means they will have committed an offence.

Police presence on Tuesday this week at the disputed lands now developed by Afega villagers.

Decision of the appeal 1963
The issue is not new as in 1963, the village of Tuana’i took the Alii ma Faipule of Afega to Court over land claimed to belong to Tuana’i.

Afega are neighbours with Tuanai, Leauvaa and Levi and have laid claim not only on the lands at Tuanai but also Levi.

Tuanai lost the case and lodged an appeal in 1963, Levi did not appeal.

The disputed land according to a court decision on the appeal in 1963 belongs to the Alii ma Faipule of Afega under the faamalumaluga of Fata ma Maulolo.

Two weeks ago, the Alii ma Faipule of Afega decided to implement the court decision of 1963 and utilized the land hence the work currently undertaken on the dispute lands.

Levi intervened and there was a scuffle resulting in the police stepping in to resolve it.

In May 2023, Afega wrote to the Court for an order to survey the borders between Afega and Levi and was granted.

Levi applied for a Court order to stop Afega’s work on surveying the land and wanted a clarification from the Court on what the survey was about.

In response, the LTC President informed Levi that he does not have authority to change a court decision as that authority lies with the Supreme Court.

On 15 September 2023, the Court confirmed the surveying of the lands between Afega and Levi and ordered both Alii ma Faipule of both villages to honour the Court’s decision.

Chance to submit an appeal
Although the representatives of Levi claimed that they have already filed an appeal, the Court records stated that they have not.

“Until an appeal is submitted, the Court has no choice but to allow Afega to continue their work on the disputed lands,” said the Curt Registrar, Papalii.

“When you file your appeal, the Court will look at it and then give a decision and if the decision is in favour of you (Levi) then the lands will be handed over to you but if it favours Afega, then that is how it will be,” Papalii clarified.

Lotoso’a not included in Court decision to be surveyed
A representative of Lotoso’a – a village neighbouring Levi, Patea Tasi Patea asked the Registrar to read out the Court’s decision again – specifically on the boundaries where the survey should start and end.

Patea then pointed out that the decision is very specific. Afega will survey the lands from the front to the back on a straight line towards where the freehold lands are.“Sua mai i le laina sa’o mai le isi itu agai i le vaega o lo’o iai fanua tau papalagi i tua)

However, Tuisa noted that Afega has exceeded the boundaries and have encroached on to lands that belong to Lotoso’a village.

Police accused of accepting bribes
One of Levi’s orators accused police of accepting bribes from Afega hence their presence at Levi on the day they tried to stop work on the lands.

The accusation did not sit well with the Police Commissioner, Aupaau Logoitino Filipo who was present at the meeting.

“E le logomalie na lafoga, o le matou pitolaau o le foia o faafitauli ma tausi le filemu, ae leai e le’i togi tupeina leoleo,” said Auapaau.

He then went on to clarify the law that if Levi decided to interfere with Afega’s work again, then police will execute the law on them.

He urged the Alii ma Faipule of Levi to heed the Court’s decision and work with the police.

Police continue to monitor the situation.