The Role of the Judiciary in Samoa: Balancing Custom and Constitution

Samoa’s courts apply constitutional rights while recognising fa‘a Samoa, working alongside village authority and the Lands and Titles Court.

Structure of the Courts

Supreme Court

The Supreme Court is Samoa’s superior court of record for constitutional questions and serious criminal and civil matters. It is led by the Chief Justice and hears appeals from the District Court. With leave, decisions can be appealed to the Court of Appeal.

Court of Appeal

The Court of Appeal is the highest appellate court in the civil and criminal stream. It reviews decisions of the Supreme Court and usually sits in panels of three. The Chief Justice serves as President of the Court of Appeal.

District Court

The District Court handles less serious criminal and civil cases. It includes two specialist divisions: the Family Court and the Youth Court.

Lands and Titles Court (LTC)

The LTC is unique to Samoa. It determines disputes over matai titles and customary land. It has its own internal structure and appeal pathway, including the Land and Titles First Court, the Land and Titles High Court, and the Land and Titles Court of Appeal and Review. In 2020, reforms created this standalone system with limited Supreme Court oversight. In February 2025, Parliament passed a constitutional amendment to reunify the court structure, beginning a staged process to restore stronger rights-based review.

Village Fono (Council)

The village fono is not part of the national judiciary but holds significant customary authority under the Village Fono Act 1990. It addresses behaviour, family disputes, and breaches of custom within the village.

Key Judicial Figures

• Chief Justice: His Honour Satiu Simativa Perese

• President of the Lands and Titles Court: His Honour Lesatele Rapi Vaai

• Attorney-General: Su’a Hellene Wallwork-Lamb, principal legal adviser to government

  
  

Custom and Constitution

The Constitution is Samoa’s supreme law. In land, title, and family matters, courts also consider customary principles. Under the Village Fono Act 1990, a person affected by a village fono decision can appeal to the Lands and Titles Court. Supreme Court oversight of customary matters focuses on protecting constitutional rights, with the scope shaped by reforms passed in 2020 and the 2025 amendment now restoring wider review.

In practice, judges balance three things: respect for custom and village autonomy, natural justice and fair process, and consistency with the Constitution’s fundamental rights. Customary penalties can stand where process is fair and proportionate. Where a decision is arbitrary or breaches rights, for example an open-ended banishment without due process, the courts can step in to set limits or require a lawful process.

Justice in Practice

Access to justice continues to improve, although challenges remain. These include case backlogs, travel distances for rural communities, and ongoing needs in legal training and resourcing. The judiciary is modernising court services while maintaining its roots in fa‘a Samoa through the LTC and the recognised role of village governance.

At a glance

• Constitution is the final benchmark for rights

• Custom remains central in land, title, and village matters

• Oversight: appeals from fono go to the LTC; rights questions can reach the Supreme Court

• Remedies: courts prefer to correct process and proportionality rather than replace village judgment outright

References

• Constitution of the Independent State of Samoa (1960)

• Village Fono Act 1990

• Land and Titles Act 2020, Constitution Amendment Act 2020, Judicature Act 2020

• Constitutional Amendment Act 2025, and related commentary

• Ministry of Justice and Courts Administration: Supreme Court, Court of Appeal, District Court, Family Court, Youth Court, Lands and Titles Court

• Samoa Law Reform Commission reports

• News reports and legal commentaries, 2020 to 2025