22 December 2017

Joyetter Feagaimaali’i-Luamanu

Court rules in favour of Fa’amausili Moli as

the next Malietoa

FAVOURABLE DECISION: Fa’amausili Moli Malietoa (middle) is flanked by supporters

and family members outside the Land and Titles Court yesterday

The Land and Titles Court yesterday ruled in favour of Fa’amausili Moli as the
next holder of the Malietoa title. The Malietoa title has been vacant for ten
years since the passing of former Head of State, His Highness Malietoa
Tanumafili II. Fa'amausili Moli is the son of the late Malietoa Tanumafili II.  

According to the decision delivered yesterday, the Court upheld “the selection
and appointment of Papali’itele Fa’amausili Moli Malietoa” as the new title
holder. “The title bestowal will take place as indicated under the Title 20 of
the Lands and Titles Act 1981," the decision read out in Court said. 

“After the tenure of Papali’itele Fa’amausili Moli Malietoa as the holder of the
Malietoa title, the next in line is a suli (heir) from Malietoa Gatuitasina and if
by 12 months they have not decided on anyone, then the title will go to
Malietoa Talavou. If a suli of Malietoa Talavou has not decided on anyone
within 12 months, it will move on to Malietoa Moli for the same process of 12
months. This is how the process will continue from here on out over the
Malietoa title.”

Outside Court, Fa’amausili Moli declined to be interviewed. “The time will

come and I will reach out to the media to make a comment,” he said. It was
also not possible to get a comment from the parties who opposed Fa’amausili
Moli.

In June 2017, the three sides of the Malietoa family unanimously agreed for
Fa’amausili to carry the Malietoa title. However the decision was challenged
in Court by other members of the family. At the time, Papali’i Li’o Taeu
Masipa’u, the family’s Spokesperson said the decision for Fa’amausili to hold
the title was made during a family meeting in Sapapali’i, Savai’i.

Papali’i Li’o said the agreement reached at Sapapali’i was the result of
numerous meetings that had been ongoing for more than 10 years. “After
many meetings for close to 10 years, the three sides of the family have agreed
on Papali’itele Fa’amausili Moli,” he said. 

“The three sides of the families are Malietoa Gatuitasina, Malietoa Talavou
and Malietoa Moli and they unanimously agreed.” He also explained why the
meeting was held in Savai’i. “Because the heirs of Malietoa Gatuitasina,
Malietoa Talavou and Malietoa Moli who all reside in Savai’i, the meeting was
held there.” Papali’i Li’o added the family made a unanimous decision and
will oppose anyone who objects.

Lawyers step in over Malietoa title dispute

MASIOFO: Her Highness Fa’amausili Leinafo Tuimaleali’ifano. (Photo: Samoa Observer)

The Masiofo, Her Highness Fa’amausili Leinafo Tuimaleali’ifano, has been
identified as the recipient of a petition allegedly leaked in the ongoing dispute
to find a new holder of the Malietoa title.

But she has declined to comment, referring queries from the Sunday Samoan
to her lawyer, Fepulea’i Patrick Fepulea’i. “As counsel for any client, one of
my cardinal rules is I do not discuss or comment in public on any client
matters,” Fepulea’i wrote in response to questions from the Sunday Samoan.
“This is also a sensitive matter may end up in Court and I do not want to
further make matters worse than it is.”

Three weeks ago, one group from the Malietoa family made up of Papali’i
Titiuatoa Malietoa, Papali’i Ioane Malietoa and Papali’i Malietau Malietoa
called on the President of the Land and Titles Court, Fepulea’i Ropati Atilla,
to investigate the matter.

The group strongly opposes the decision reached by three sides of the family,
Malietoa Gatuitasina, Malietoa Talavou and Malietoa Moli for Fa’amausili to
become the next holder of the Malietoa title. The agreement reached in
Sapapali’i was immediately put into writing and filed with the Court. 

This led to the petition in question from the complainants.Papali’i Titiuatoa

Malietoa, Papali’iIoaneMalietoa and Papali’i Malietau Malietoa claimed that
their petition had ended up with Her Highness Fa’amausili and her group
before it had even been publicised in the Savali.

“It is our opinion that the law is specific on this matter that any petition to the
Court is not legal until it has been published in the Savali newspaper,” a letter
from the complainants reads.

“Therefore it cannot be released to the public before that time. We

understand from the Savali Office that the September issue of the Savali
relating to matters of the Lands and Titles Court will not be published until
late October 2017."  

“We are extremely disappointed and concerned by this unprofessional

behavior by someone in the Court” and the more unbecoming behavior of the
person whom the document was leaked to.

The group had sought full disclosure and had threatened civil Court action
against the person who received the information. But a letter obtained by the
Sunday Samoan dated 2 October 2017 shows that Her Highness Fa’amausili
strongly rejected the claim from the other party.

The letter is from her lawyer Fepulea’ito the lawyer representing the
complainants, Unasa Iuni Sapolu.  Fepulea’i pointed out that “all proceedings
in the Lands and Titles Court are commenced on the filing of a petition. Upon
filing, the petition becomes a public document.”

Fepulea’i said access to the document “it is not dependent on being advertised
in the Savali before it becomes a public document. In relation to the matter
you raised, we do not accept the legality of your representation." 

“Would you kindly point out where in the Lands and Titles Act of 1981 or
other related legislation does it refer that a petition filed only becomes public
document or a public record after it has been published in the Savali?”

Fepulea’i’s letter further pointed out that “the meeting held on September 21,
2017, was called by her (Masiofo) as the Sa’o for the Fa’amausili family. One
of your clients, Papali’i Ioane was present with his mother. There were four
matters discussed at the family meeting. The first three matters were related
to their family and the fourth matter related to the current case in the Lands
and Titles Court relating to the Malietoa title. As heirs of Malietoa Moli, they
were entitled to discuss that matter.”

When the dispute over the petition surfaced, the Chief Executive Officer of the
Ministry of Justice and Courts Administration (M.J.C.A.), Papali’i John
Taimalelagi, denied the assertion that the document had been illegally leaked.
“I am responding in my capacity as the C.E.O. specifically targeting the
Petition Process, nothing more,” he said.

“This is the process. Once a petition is filed and signed, then the parties,
swear an oath in front of the Deputy Registrar or Registrar. Once the fee is
paid, it becomes a legal document of the Court." 

Heirs of Malietoa Moli bestowed titles at Sapapali’i

START OF A NEW JOURNEY: Some of the new title holders. They are ready to serve
their family in their new calling as high chiefs
The Maota o Poutoā at Sapapali’i, Savai’i, was a place of great celebration last
Saturday. It was where seventy-two family members of the family of Malietoa
Moli were bestowed with three different chiefly titles. The titles are
Muagututi’a, Papali’i and Galumalemana.

Among the new title holders is the newly crowned Miss Samoa, Alexandra
Iakopo, who was bestowed the Papali’i title. Family members had travelled
from all over the world for the occasion.

One of them was, Muagututi’a Moevasa, who said she is extremely humbled
by the honour bestowed upon her by her family. She said the occasion was a
wonderful opportunity for their family to gather and reconnect.

As for the title, she said this is the start of a new journey.  “It’s not going to be
an easy journey but through God, nothing is impossible,” she said. “We are
here as matai to serve and look after our family. It’s a privilege for me and all
the other members as well to have been made holders of these particular
titles.

“All I can say is that we are thankful to God for the opportunity because
without him, nothing is possible. I’m sure all our other family members who
were bestowed with titles would feel the same.” The formalities started with a
lotu service. Traditional formalities and the presentation of gifts to the village
followed.

Paramount Chiefly Title Bestowment To Be Challenged In Court

A family chief in opposition to the chosen candidate for the high paramount chief title of
Malietoa in Samoa says he is planning court action

Papali'itele Faamausili Moli, who is a son of the late head of state and title
holder, Malietoa Tanumafili II, has been been put forward, reportedly with
support from all three branches of the family. But another son of the late
head of state and family matai, Papali'i Titiuatoa Malietoa said that was not
the case and it is not a unanimous decision by the late head of state's direct
descendants.
He said Papali'itele Faamausili Moli got other people to say yes who don't
belong to the family to get it through. "We are already objecting to it. And
we are about to put through an application for a court order to stop all this
until what I told you, is that we already know that the law will respect what
we are saying. It is not [about] what they are trying to do."

The title had been vacant for a decade, since the death of Malietoa
Tanumafili II in 2007, because of dissension over which branch of the
family should hold it.

New Malietoa found?

HEIR OF MALIETOA: Papali'i Faamausili Moli. (Photo: Supplied)

The three sides of the Malietoa family have unanimously agreed for
Papali’itele Fa’amausili Moli to carry the Malietoa title.  But the decision
could be challenged in Court with other members of the family already
objecting.

The decision for Papali’itele Moli to hold the title was made during a family
meeting in Sapapali’i, Savai’i. This was confirmed by Papali’i Li’o Taeu
Masipa’u, the family’s Spokesperson. Papali’itele Fa’amausili Moli is the
son of the late Malietoa Tanumafili II, the last holder of the title who passed
away 10 years ago.  Since then, the title has been vacant. But now it appears
that will soon end. 
Papali’i Li’o said the agreement reached at Sapapali’i is the result of
numerous meetings that have been ongoing for more than 10 years.  
“After many meetings for close to ten years, the three sides of the family
have agreed on Papali’itele Fa’amausili Moli,” he said. 

“The three sides of the families are Malietoa Gatuitasina, Malietoa Talavou
and Malietoa Moli. On Tuesday, they unanimously agreed.” This week’s
decision includes a compromise, that after Faamausili Moli’s reign, the title
will be bestowed within the Malietoa Natuitasina and then go to Malietoa
Talavou. The agreement has been put into writing and filed with the Court. 

“Our family has already submitted our notice to the Land and Titles Court
who will advertise the decision for three months. After it’s advertisement in
Savali for three months, then we will proceed with everything in accordance
with our culture with regards to the bestowal ceremony.” 

According to Papali’i Li’o, when the decision was reached on Tuesday, the
new Malietoa title-holder accepted his ava in Sapapali’i. He also explained
why the meeting was held in Savai’i. “Because our the heirs of Malietoa
Gatuitasina, Malietoa Talavou and Malietoa Moli who all reside in Savai’i,
the meeting was held there.” 

Papali’i Li’o added that the family is unanimous in its decision and will not
take lightly anyone who opposes – or objects. Attempts to contact Papali’i
Fa’amausili Moli for a comment were unsuccessful. His daughter referred
all questions to Papali’i Li’o. 

Heirs of Samoa's Malietoa paramount title to unite

Two of the three factions of heirs to the Malietoa title in Samoa plan to
bestow the paramount title on one of the sons of the late Malietoa
Tanumafili II. In deliberations on Saturday the heirs of Malietoa
Natuitasina and Malietoa Moli agreed to give support for Papalii Moli to be
the next holder of the title.

A family member of the Natuitasina clan, Papalii Ioane, says this move
would avoid another legal battle that would end with the court appointing
the next Malietoa. Papalii Moli was originally bestowed with the title but a
court battle seven years ago overturned this after the three factions had
disagreed. The Natuitasina clan is to meet next month to gauge support for
the unity move.
Meanwhile our correspondent reports that the third faction, the heirs of
Malietoa Talavou were caught by surprise with the unity announcement.

Malietoa heirs meet to discuss title

In Samoa, the three factions of the Malietoa paramount title will meet in
Sapapalii, Savaii island today for the last round of discussions to find a
holder of the title.

The late Malietoa Tanumafili II died eight years ago but the three clans of
the Malietoa title have been in disagreement since on whom to choose, an
issue which has also been before the courts.

A family member says the heirs of Malietoa Talavou, Malietoa Moli, and
Malietoa Natuitasina, have agreed to carry on these meetings in order for
the heirs to iron out issues relating to the title. However the family member
hopes the final meeting is a united one, otherwise the heirs of the Malietoa
title will go back to court to find a holder.

Sapapali’i matai banished over Malietoa title comments

The Sapapali’i Village Council has banned a senior matai from the village
after comments he made in the media about the Malietoa title now under
contention.

The banned matai is Papali’i Pitoni Alailima is said to be the “Sa’o” or chief
of the Malietoa clan. However, this was corrected by a descendant of the
Malietoa Moli clan who said that Papali’i Ala’ilima only represents the 
Malietoa Talavou clan.

The comments by Alailima said that the three clans of the Malietoa title
that include Malietoa Talavou, Malietoa Moli and Malietoa Natutasina,
have agreed on bestowing the Malietoa title on whoever the clans  will
endorse in December.

A member of the Malietoa Moli clan was quick to correct Ala’ilima’s

statement as unfounded and untrue. The Moli member said that the only
agreement reached after the three clans met two weeks ago, is to meet again
on 27 October, but not a title bestowal as claimed by Ala’ilima.
A spokesperson for the Malietoa Talavou clan, Papali’i Kamuta said that
Papali’i Alailima who resides in United States has been notified of the
villages decision. He also said that they are considering legal action against
the village’s decision.

Two weeks ago, the three clans of the Malietoa title met to deliberate on
choosing someone to be bestowed the Malietoa previously held by the late
Malietoa Tanumafili 11, the longest serving holder of the title who held it for
more than 30 years.

Maietoa Tanumafili’s son, Fa’amausili Papali’i Moli Malietoa was bestowed

the title at Malie after his fathers passing. However, the bestowal was
petitioned by the other two Malietoa clans and the Lands and Titles Court
ruled against Fa’amausili’s appointment.

In a 1930 decision, the Land and Titles Court ruled in favour of the
Malietoa Moli clan to continue holding the title. Despite the differences
between several descendants of the Malietoa Moli clan, there is majority
support for Fa’amausili Papali’i Moli Malietoa to carry on from his late
father.

Malietoa Title Conferral Disputed In Samoa

Christmas date to name successor contradicted

In Samoa, claims by Papali’i Siliva Taouma that a Malietoa title holder
should be known by Christmas day this year have been dismissed by the
official spokesperson of his clan.

In a statement to the Sunday Samoan, Papali’i Petoni Ala’ilima declared

that he is the Sa’o (leader) of the Malietoa Talavou clan. He dismisses
Papali’i Siliva’s comments saying their family did not appoint him
as a spokesperson. He also pointed to references by Papali’i Siliva to
Malietoa clan residences "Gataiala" or "Gautaala" as incorrect because they
do not exist. "I did not authorize anyone nor did I authorize Papalii Siliva
Taouma to speak on behalf of our clan at any time nor did I authorize him
to offer a statement to Samoa Observer or any other press or media.”

He added the statement about a Christmas title bestowment "is incorrect

because this has not been agreed upon yet by all clans of the Malietoa.”
"There was never a December meeting discussed among the clans.
December 25th was never nor would ever be considered a good date for our
meeting because this is a special time meant for family members to spend
with their own immediate families," he said. "The next meeting of the clans
agreed and understood by all clan leaders as I announced in the meeting in
Poutoa, is on October 27, 2012 at the maota o Suli o Malietoa Talavou i
Pouesi.”

Papali’i Malietau of the Malietoa Moli clan agreed. "That motion [for a 25th
December meeting] was not carried. I was there at the meeting and his
motion was not unanimously agreed to as he [Papalii Siliva] claims. I know
I did not agree to it, as Christmas day people will be with their families and
I will not attend such a meeting on that day," Papali’i Malietau said.

As it stands, the three clans have agreed to the 27 October meeting at 9am
in the morning at Pouesi. But there is not much confidence that an
agreement to a titleholder will be reached at the October meeting. "No
agreement has been reached and no agreement is likely on the foreseeable
horizon," said Papali’i Malietau, the eldest grandson of the late Malietoa
Tanumafili II. "From a legal standpoint there can never be an agreement to
oust the court’s jurisdiction over these matters. If one clan wants to take it
to court then there is nothing to stop them from doing so. And we should
remember that Malietoa Tanumafili II’s appointment was a court decision,"
he said. "All three clans have internal issues that have not been resolved for
a successful combined meeting."
For the Malietoa title to be conferred out of Court, all three clans must
agree on the one candidate as stipulated by Land and Titles Court decision
LC853 of 14 December 1939. But if the matter does go to Court Papalii
Malietau expects a new titleholder could be named as early as
2013.

Malietoa title ruling in August

"
The late Malietoa Tanumafili II

The decision by the Land and Titles Court on whether to reject or grant a
‘leave of appeal’ in the Malietoa title dispute will be delivered on 5 August
2011. The announcement was made by the President, Tuala Tagaloa
Kerslake yesterday in front of a packed Courthouse at Mulinu’u.

On the second day of the hearing, the Court heard twenty objections to
applicants pushing to appeal the Malietoa title ruling. Yesterday, the Court
heard objections from parties against fourteen applicants who in the
previous day presented cases to appeal a 2008 Court ruling that voided the
Malietoa title bestowed upon Fa’amausili Moli in 2007.

Those objecting fall into three categories. The first are direct descendants of
holders of the Malietoa title (Malietoa Talavou, Malietoa Gatuitasina, and
Malietoa Moli). Second are members of the Malietoa family outside the
three branches, and third, like Leota Leuluaialii Ituau Ale wanted to offer
commentary and advice.

Papali’i Malietoa Malietau, the oldest grandson of Malietoa Tanumafili II

told the court, “We object to this application to appeal the 2008 ruling
because there are no lawful reasons put forward to appeal the 2008 ruling.
“It should stand and be re-inforced.”

He said applicants have not demonstrated the grounds for the Court to
appeal or provided new evidence under Section 79 (1) (A) of the Act. “It’s
not clear under the Land and Titles Act, 1981 what grounds the applicants
have to appeal the ruling of 2008.”

He cited an example when Papalii Li’o Taeu Masipa’u was prompted to

provide new evidence for the court to grant leave of appeal. “Papalii Li’o
pointed to page 16 of the 2008 ruling,” said Papali’i Malietau. “He [Papalii
Li’o] says they contain new evidence.” But that is not so.

“In many cases, there are no extra evidence from the applicants different to
what they presented in 2008. And neither are there new evidence to
support their application.” President Tuala reminded Papali’i Malietau that
many of the applicants argue the 1939 decision limiting the succession to
the three branches. They say it should now be opened to all descendants.
Papali’i Malietau answered, “In relation to the 1939 decision there are many
who want to appeal the 2008 decision because they want to void the 1939
decision.”

He referred to section 96 (2) of the Lands and Titles Act where he says,
“reconfirms the lawful relevance of the 1939 decision.” He added no one
had raised an objection about the 1939 ruling when the Land and Titles Act,
1981 was still in the drafting process.

As a result, Papali’i Malietau said “by law that ruling is enforced today. And
it’s that ruling that guides the family on the successor.” There were rumours
Malietoa Tanumafili II had named a successor. Rumours Papali’i Malietau
rejected. “As I mentioned he was given the title by a court decision. “He was
the Head of State and his signature passed laws into force. It was also his
signature that endorsed the Land and Titles Act, 1981.

There is no way Malietoa Tanumafili II would have done something illegal.

He would not name a successor knowing full well the 1939 court ruling is
still in force.” The 1939 ruling clearly stipulates Malietoa Tanumafili II’s
successor in three steps. The third step was not satisfied in Faamausili
Moli’s title bestowment and why the court voided his saofa’i. Said Papali’i
Malietau, “not all in our family agreed on Moli.”
President Tuala prompted for a possible solution and timeframe. “These
days there’s a timeframe that if there is no family resolution the matter will
come before the court. What do you say?”

Personally, said Papali’i Malietau, “Two to three years because it’s a

paramount title that has many duties and responsibilities relevant to the
country.” During his presentation, Leota Leuluaiali’i Ituau Ale said he
supported the title bestowment of Fa’amausili Moli. But he admitted that
the “Court ruling of 2008 will stand.” And attempts to dissolve the 1939
ruling will not be successful as there is, “no power to do so.” “The only way
is to amend the law.”

But Leota warned that such a decision would “destroy the system.” He
urged President Tuala that he has the power, “to pick the Malietoa today
because I can confirm it will not be done before the second coming of
Jesus.” But for people like him, Leota said: “All I want is to support and
serve the Malietoa.”

Malietoa title bestowal quashed

Heirs of Malietoa Talavou and Malietoa Natutasina Papali’i petitioned the

court when the village of Malie bestowed the Malietoa title on Papali’i last
year.

Samoa’s Lands and Titles Court has today ruled against the bestowal of the
paramount title Malietoa on Papali’i Moli Malietoa, son of the late Head of
State, His Highness Malietoa Tanumafili II, reports Samoanews live.

The court ruled that the bestowal on Papali’i Moli, failed to observe the
1939 verdict, where the new holder of the title be decided by the heirs of
Malietoa Talavou, Malietoa Natutasina and Malietoa Moli.

Heirs of Malietoa Talavou and Malietoa Natutasina Papali’i petitioned the

court when the village of Malie bestowed the Malietoa title on Papali’i last
year.

The court ruling came s after the hearing of 51 petitions of which 24 were
against and 27 in support of the new title holder. The appointment of a new
Malietoa is now left up to the heirs to make.
Malietoa Title bestowment under Tuamasaga district scrutiny
again

"
Malietoa Fa'amausili Moli Mlaietoa is accompanied by chiefs of Malie village in 14
June's ceremony that was not represented by all of the Tuamasaga district. Si'a Kato
Ulu Kini, far left of photo has been blamed for not informing Afega of the bestowment.
Si'a is reported to have apologised to Afega and presented food, fine mats and money
to clear his name

The instalment of the Malietoa title on Papali'i Moli Malietoa may need to
be done all over again. The Tuamasaga district will meet at Vaito'elau - the
meeting ground at Afega next Friday to discuss the next step following
differences over the bestowal of the Malietoa title on Faamausili Moli
Malietoa 14 June.

Maulolo Faavevela of Afega confirmed to Talamua.com that they have

already notified all the villages of the Tuamasaga district and the date has
been set. He also said that with the exception of a few villages, the rest of
the district have responded positively and are looking forward to the
meeting.



Maulolo said that Tuamasaga hasn't had a big meeting such as this one for
a long time, and he expects a good turnout. Maulolo told Talamua.com that
the purpose of the meeting is to clarify to Tuamasaga the reason why they
were not notified about the recent bestowment of the Malietoa title at Malie
14 June. "We need to clear all doubts and any suspicions that may have
aroused from this ceremony," said Maulolo.
Maulolo said that most of Tuamasaga are pointing fingers at Afega,
especially the orators Fata and Maulolo. However, Maulolo said that it was
hard to pinpoint exactly who was at fault, but he was certain that Si'a Kato
Ulu Kini, who presided over that ceremony at Malie, was under a lot of
pressure from members of the Malietoa family for the ceremony to go
ahead.

Tuamasaga believe that Fata and Maulolo failed to notify the district
regarding the Malietoa title conference ceremony. “So we have the
responsibility of putting any doubts out of Tuamasaga's minds."
Asked if Tuamasaga will encourage another Malietoa title conference,
Maulolo said that was an issue for Tuamasaga to decide.

He did however say that Tuamasaga will never agree to another title
conference unless Malietoa Fa'amausili Moli Malietoa settles his differences
with his extended family. "So whoever the family chooses, whether it's
Papali'i Faa'mausili Moli or another member of the famly, Tuamasaga will
stand by to carry out its duty of conferring the title," Maulolo explains.

Several villages of Tuamasaga District have confirmed to Talamua.com

their participation in next weeks meeting.

SAMOA’S MALIETOA TITLE GOES TO COURT


The 52 petitioners to the Malietoa title court case turned up in numbers

today at the Land and Title Court, Mulinu'u, as the biggest ever case goes to
court to sort out who should take the family title of one of the four
paramount titles in Samoa.

Out of the 52 petitions, 24 are against Papali'i Moli Malietoa, son of the late
Malietoa Tanumafili 11, and 27 in support of him. Papali'i was bestowed the
title last June at Malie and immediately brought protest from the other
sides of the title who now claim that it is their turn.

The official count of petitions as of last week was 36, however, one
withdrew and two petitioners combined and lodged their petition as one,
and brought the number down to 36. The 16 new petitions filed at the start
of the case this morning brought the number to 52. One petitioner however
has yet to pay his fee before being officially named a petitioner.
The Court under Presiding Judge Tusani Fa'aolo Simanu spent most of the
day sorting out the petitions and their witnesses from the 52 sides before
they begin calling for submissions and evidence this Friday. As of last week,
the Court stopped any new petitions from being lodged, however, the
presiding Judge, Tusani Fa'aolo Simanu allowed new petitions on the
condition that they pay $60.00 on the spot.

The first new petition lodged today was by the Member of the Council of
Deputies, Tuimalealiifano Sualauvi Va'aletoa in support of Papali'i
Fa'amausili Moli Malietoa. Out of the 16 new petitions, only one was
against Papali'i Moli.

Central to the case is the argument by descendants of Malietoa Natuitasina

and Malietoa Talavou’s opposition to the bestowal of the Malietoa title on
Papali'i Fa'amausili Moli. They believe that heirs of Malietoa Moli should
have heeded the decision by the Lands and Title Court of 1939, whereby,
"all three clans of the Malietoa family (Talavou, Moli, Natuitasina) should
agree to one appropriate person to carry the title."

Si’a Kato Ulu Kini, a spokesperson of the village of Malietoa who bestowed
the title on Papali'i Moli said that "all the heirs to the title have given their
blessings to Moli.” Asked if there was unity in the Malietoa Moli camp, he
responded "yes, but there are only a few that are against Moli.” As for the
other clans, he said "some are against but the majority are for Moli."

This was challenged by a descendant of Malietoa Talavou, Papali'i Mariner.

She said none of the Talavou heirs are supporting Papali'i Moli. She also
said that they are not against Moli, but the way they (Malietoa Moli clan)
went about with the title bestowal. "They should have listened to the
(Court) decision of 1939," she told Talamua.

Mariner said that her great grandfather Papali'i Taimalelagi Tuiletufuga

Lafo led their side in the 1939 case. She believes that harmony within the
Malietoa clan can only be achieved through justice.

The Court also heard former Parliament Speaker, Leuluaialii Itu'au Ale
request to the Court to give the clans another chance "to settle the matter
out of Court.” However, presiding Judge Tusani said "that the chance had
already being given, but still the matter ends back in Cour.” He said the
Court has given enough time and the request was declined.
Malietoa descendants threaten interim injunctions

Descendants of the Malietoa title took matters to the Registrar of Lands and
Titles Court yesterday regarding the proposed bestowment of the Malietoa
title to Faamausili Papalii Moli, son of the late Malietoa Tanumafili II.
Sources say representatives from some families of Malietoa threatened to
file interim injunctions to stop the ceremony which was planned for
tomorrow.

“Descendants of one of the Malietoa families came forward yesterday to

place interim injunctions on the planned title bestowment ceremony,” a
source from the Lands and Titles Court said yesterday. Due to the
sensitivity of this issue, the names of those who spoke to Newsline have
been withheld upon their request.

According to one of the family members, the planned Thursday title

bestowment ceremony of the Malietoa title on Faamausili Papalii Moli
Malietoa has caused friction amongst the descendants of the Malietoa title.
“We do not all agree with the decision,” said a family member who was
present at yesterdays discussions with the Registrar.

According to the same source he was saddened that the decision for the
next Malietoa was made so soon after the funeral of the late Malietoa.
“They could have waited until at least a year after,” he said. “Some
suggested that the ceremony be postponed, if not than the title be bestowed
on three sulis (descendants) of the Malietoa title, instead of one,” he said.

The Registrar Tusipa Masinalupe confirmed to Newsline yesterday that the

“petitioners” agreed to further discuss matters before taking further legal
action. According to him, the proposed interim injunctions come under
Articles 49 and 50 of the Lands and Titles Act.

Earlier this week Newsline was informed by sources in the village of

Sapapalii that the descendants there had agreed for Faamausili to receive
the title of Malietoa. Later these claims were refuted by other members of
the Malietoa family.

Spokesman for the Tuamasaga, Mano’o Si’a Ulu Faamausili had long been
the Aide de Camp for the late Malietoa Tanumafili II, his father. His
personal and public achievements have earned him respect amongst
members of the local community. If continued as planned the title
bestowment ceremony will take place on the eve of Governments
announcement of the next Head of State of Samoa.

Rival Malietoa title claimants in Samoa delay bestowal

The bestowal of Samoa's paramount chiefly title Malietoa to Fa'amausili

Moli is unlikely to take place this week because of objections to the
decision.

Two other claimants to the title have objected to the decision by the heirs of
the Vainu'upo clan to bestow Faámausili with his late father's title.
Samoa's late Head of State, Malietoa Tanumafili II, died last month.

The heirs of Natuitasina and Talavou are also included in the selection
process for the next holder of the paramount title as revealed in a Lands
and Titles court decision in 1939.

A representative of the two says it is unfair for the heirs of Vainu'upo to be

bestowed with the paramount title as they are also entitled to it as holders
of the Malietoa.

The three claimants are expected to meet in one of Samoa's biggest ever
court cases in order to find the next Malietoa.

Decision imminent on heir to Samoa's Malietoa title

The son of Samoa's late Head of State, Malietoa Tanumafili II, is reported
to have been unanimously selected by the Vainu'upo heirs to be the next
holder of the Malietoa paramount title.

According to the Newsline newspaper, the decision was made last week to
give the title to Fa'amausili Moli,. But two other heirs of the Malietoa title
held their own discussions last weekend in Sapapali'i in Savai'i Island
where they have yet to decide whether to support Fa'amausili Moli.

The newspaper report says the bestowal of the Malietoa title upon the son
of the late Head of State will be held later this week. This is reported to
happen ahead of the deadline for nominations to elect the next head of state
in parliament due to be held at the beginning of next week.
Papalii Faamausili Moli will be the next Malietoa

Come next Thursday, Papalii Moli Malietoa will be bestowed the title
Malietoa Moli III when the village of Sapapalii and Malie join forces to
confer the title. The Malietoa title is one of the highest ranking (tama'aiga)
titles in Samoa.

Papalii, son of the late Head of State Malietoa Tanumafili II, received the
nod from all the chiefly families of the SaMalietoa to take over the title,
which his late father held for more than 50 years.

Papalii's ascent to the title came after three weeks of deliberations amongst
the SaMalietoa chiefs and orator groupings in Malie, Manono, and the
district of Safotulafai, after his father's death last month. Papalii is a
decorated soldier from the New Zealand army where he served for several
years before returning to Samoa. He is currently the President of the
Returned Servicemen Association.

The Malietoa title is recognised with many events that helped develop
Samoa throughout its history. From the days of cannibalism to Christianity,
the Malietoa title has contributed a lot in shaping Samoa into what it is
today but most importantly, it was a Malietoa that accepted Christianity for
the people of Samoa.

Papalii is the third of five children of the late Malietoa and Masiofo Lili
Tunu. His other siblings are Papali'i Molio'o Laupepa Malietoa (deceased),
Sua Vainupo Malietoa, Fa'amausili Moli Malietoa, To'oa Tosi Malietoa and
Momoemanuelefatiaesaumalaeatiae Malietoa. He holds degrees from
several universities including the National University of Samoa.

Papalii is married to Audrey Brighouse and they have four children:

Momoemanuelefatiaesaumalaeatiae Malietoa, Andrew Jason Malietoa,
Ioane Viliamu Malietoa (deceased) and Liliolevao Salamasina Malietoa.
He will retain his Papalii and Faumausili titles.”

Samoa's King Malietoa dies at 94

LONG REIGN The king was made the joint head of state with Tupua
Tamasese Meaole when Samoa gained its independence from New
Zealand in 1962.
!
Samoa's King Malietoa Tanumafili II interviewed in Hawaii on May 8, 1997. Malietoa,
one of the world's longest reigning monarchs, passed away at a hospital in Samoa, the
prime minister's office said on Saturday. He was 94

King Malietoa Tanumafili II, one of the world's longest reigning monarchs,
passed away at a hospital in Samoa, the prime minister's office said. He was
94. Malietoa sat on the Samoan throne ever since the country, which lies
west of the US territory of American Samoa, gained independence from
New Zealand in 1962.

That made him the world's third longest reigning living monarch after
Thailand's King Bhumibol Adulyadej, who has reigned since 1946 and
Britain's Queen Elizabeth II, who ascended to the throne in 1952.

The king died on Friday night at Tupua Tamasese National Hospital in Apia
where he had been staying for about a week. Details on the cause of death
were not immediately available.

Vaasatia Poloma Komiti, chief executive officer of the prime minister's

office, announced the king's passing on Saturday on state-run television.
The king will lay in state in Apia, the capital, on Thursday. A church service,
to be lead by the National Council of Churches, is planned for Friday
morning, Komiti said.

In American Samoa, the governor said Malietoa's passing was a loss not
only for Samoa but for the US territory. "His faith and love for his people
helped light the flame of independence for Samoa and maintained a
peaceful transition for Samoa from her difficult beginning," Governor
Togiola Tulafono said. "He was an icon of Samoan leadership, Samoan
democracy, and Samoan compassion," Tulafono said.
Many American Samoans considered the king to be the father of the two
Samoas and he was a frequent visitor to the territory's annual Flag Day
Festivities.

New Zealand Prime Minister Helen Clark expressed her nation's sorrow at
the death of Malietoa, noting he helped frame Samoa's Constitution prior to
independence.”Through his long reign as Head of State, Malietoa
represented Samoa with wisdom, humor and insight," she said in a
statement.

Responsibility for Samoa was handed to New Zealand in 1917 by the then
League of Nations, after the islands were seized from its colonial power,
Germany, during World War I.

The king succeeded to the Malietoa title in 1940, when his father passed
away. He was appointed an advisor to the New Zealand governor in Samoa
the same year.

Malietoa was made the joint head of state with Tupua Tamasese Meaole
when Samoa gained independence from New Zealand in 1962 and he
became sole head of state a year later when Tupua Tamasese passed away.
He held the post for life. His successor, however, will be elected by the
legislature to a five year term as stipulated in the Samoan Constitution.
Malietoa was educated in Samoa at the government run Leififi School and
attended St Stephens College and Wesley College in New Zealand.

Malietoa visited China on a state visit in 1976, and traveled to West

Germany, South Korea, Japan and the UK. He also traveled to Fiji,
Australia, New Zealand, Tonga and Hawaii, and also attended the 1984
Olympic Games in Los Angeles. He was among the foreign dignitaries that
attended the funeral service of Japanese Emperor Hirohito.

In 1977, Queen Elizabeth II visited Samoa on the Royal Yacht Britannia for
one day and presented Malietoa with the Collar Badge and Star of the
Knight Grand Cross of the Most Distinguished Order of St Michael and St
George.

Malietoa is survived by two sons and two daughters. His wife Lili Tunu
passed away in 1986.
Who Will Be The Next Malietoa?

The predicament facing Samoa

A deadly predicament is facing Samoa that will test it in a way last seen in
the 19th century. Civil war was the bloody consequence then and the
passions and vested interests that dominated at that time are paramount
now.

Few people will talk about the pending crisis; it's the dark family secret that
touches on the very soul of fa'a Samoa, the essence of any Samoan, which
could destabilise the nation. It's a double-headed question of succession:
who will be the next head of state and, more importantly, who will be
the next Malietoa, one of the royal titles of Samoa?

The reason why one has to go back to the 19th century to see the last such
battle is largely to do with one remarkable man, the current Head of State,
90-year-old Malietoa Tanumafili II, the fifth longest serving world leader.
His longevity, and that of his father before him, kept the issue of succession
off the agenda for a century.

Samoa has four tama-a-aiga or royal titles, heads of extended families.

When Samoa was negotiating with New Zealand for independence and
drafting a constitution, the question of head of state, or the O le Ao o le
Malo, was potentially vexatious. But they came up with a joint life-term
Head of State. One was Malietoa, the other was another tama-a-aiga, Tupua
Tamasese Meole. Under the constitution, the Fale Fono or Legislative
Assembly will elect the next head of state. The presumption, not stated in
the constitution, is that the post will go to a tama-a-aiga. But it has never
been tested.

Independence came in 1962 and a year later Tupua Tamasese died.

Malietoa lives on, healthy, happy, wise and a very much-loved man.
Incorruptible, humble and funny, he is a marked contrast to the leadership
in the south, his relatives in Tonga's Royal Palace. When he dies the
Malietoa title will be vacant, effectively leaving only three possible
candidates to be head of state. The most likely holder will be Tupua
Tamasese Efi, son of the first co-head of state. In the 1970s he served as
prime minister, under the Tupuola Efi title, and has collected a slew of
paramount titles. Although he says he does not want the job, he is not his
own man: he must serve the thousands who eventually bestowed the royal
title on him.

That will be the easy bit; head of state is a ceremonial title in which the
holder must act on the advice of government. Not so the next Malietoa,
awesomely powerful with control of much of Samoa's lands. The title came
about nearly a thousand years ago when Samoa was under Tonga's
suzerainty. Led by two chiefs, Samoans were able to drive the occupiers off,
who left with a shouted chant across the waters: "Malie tau, malie
toa" (splendidly fought, brave warriors!). As a result, it became one of
the central titles and when Europeans showed up later, it was perhaps the
most interfered with of them all. This was aided by the arrival in 1830 of
London Missionary Society's John Williams at Sapapali'i, Savai'i, where the
paramount chief Malietoa Vaiinupo was engaged in a bitter and violent
power struggle to become Tafa'ifa, the combined chief and effectively ruler
of all Samoa. He succeeded, became Christian and as a consequence, so did
all of Samoa in short order.

Through the 19th century the colonial powers Britain, Germany and the
United States, strongly interfered with the business of chiefly titles and
once with their favourite candidate in place, pushed them on to assume the
kingship of Samoa which was an alien concept. The Malietoa titleholders
tended to be pro-British‹and consequently several were taken into exile by
Imperial Germany and detained in diverse places like the Cameroon or the
Northern Marianas. Two titleholders dominated the 20th century; both
called Malietoa Tanumafili, father and son. The first was a loyal
supporter of New Zealand when it took over the islands in 1914. Somewhere
in Parliament in Wellington there is a delicate and precious fine mat
presented to the people of New Zealand by that Malietoa in the 1930s. The
longevity of both men has meant that there are a few people in Samoa today
with first-hand experience of succession in such a crucial title.

It will be a two-stage process. The first will involve defining those who have
the authority within the Sa Malietoa, the extended family, to name a
successor. By tradition, authority rests with the nine senior matai or chiefs
in the village of Malie, west of Apia, in the district of Tuamasaga on the
island of Upolu. In theory, they must also consult the district of Safotulafai
in Savai'i and the island of Manono. But it will not be simple as the Sa
Malietoa is large and diverse, and those excluded can be counted on going
to the Lands and Titles Court at Mulinu'u, on the western side of Apia
harbour. There, some brave judge will make the decision on who can make
the next decision. Thus empowered, the matai will go off and consider who
will be so blessed. Nothing is automatic, and titles do not always pass to the
first born of the next generation. One factor to consider will be the
deathbed statement of the departed titleholder. As it is, the current
Malietoa does not appear to have groomed a successor.