criteria for holding matai title and requires them to be prepared properly serve his or her family, village
or community according to Samoan custom and usage. Furthermore, it also provides for their removal
when the holder of a title has brought shame, disrespect or disgrace to a family.38
In the light of the findings of the Inquiry, it would be beneficial to amend these provisions; first to say a
matai must be prepared to serve in a non-violent manner, in addition to acting in accordance to Samoan
custom and usage; second to include being found guilty of a serious violent offence (with a legal maximum
punishment of 5 years or more) as an additional ground for removal of a matai title.39
It is not enough to simply make these changes in law, however. The family of any matai is supposed to
play an important monitoring role in the conduct of that leader and this responsibility must be exercised.
If a matai is leading a family in a violent manner, then the family must use the existing and proposed
legislative provisions to hold that person to account and petition for the removal of their title if necessary.
The matai Sa’o also has a role to play in advocating zero tolerance to violence and for families to undertake
this monitoring function. If the matai Sa’o are themselves guilty of significant violence, each village needs
to have established a reporting procedure whereby concerned family members can report the matter to
the VFSC.
Only when matais are able to lead by example will they be able to fulfill their role of promoting social
harmony and cohesion and reducing the prevalence of family violence and violence generally in Samoan
society.
“Village Fono should not be just a gathering of matais to laugh and crack jokes […]
it’s a very important tool that should be well utilized for the betterment of the
village.”
Inquiry consultations participant, Inquiry document 58
RECOMMENDATION 20: Village Fonos to take a leading and proactive role in
prevention of family violence.
38
39
Comprehensive training for village representatives on the nature, causes
and consequences of family violence, to be disseminated to all village
matais, the impact of which to be monitored.
The immediate creation of Village Safety Committees, ensuring gender
equality is considered when choosing such committees.
Amendments made to the Land and Titles Act 1981 to require a nonviolent history as a pre-requisite to holding a matai title, and provisions
made for the removal of titles if found guilty of family violence in the court
of law.
See section 20A of the Lands and Titles Act 1981.
Refer to 20B Land and Titles Act 1981.
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