[7] The Land and Titles Court has been the subject of criticism for a number of years due to ongoing delays, verbal-only rulings, poor process, and outright bias.
[9] One of the recommendations was that the supervisory jurisdiction of the Supreme Court be retained to ensure the fundamental rights of Samoan citizens are upheld.
In addition to local government functions such as sanitation and economic development, and punishment of low-level village misconduct, fono are empowered to make decision on issues such as harmony, promoting social cohesion, protecting Samoan customs and traditions, and safeguarding village traditions, norms and protocols,[11] and are empowered to issue punishments such as fines, work, or banishment.
[24] According to its Explanatory Memorandum, one of the purposes of the Bill is to prevent the decisions of Village Fonos from being overridden by the courts for infringing on human rights.
After being passed through Parliament to its third reading under the state of emergency declared due to the global COVID-19 pandemic,[28] progress on the Bill was halted to allow consideration by a special select committee[29] and consultation with local villages.
In April 2020 the Samoa Law Society expressed concern about the bill being passed under urgency through Parliament, without any of the required public consultation.
[28][32] Samoa's judiciary also expressed "grave concerns" with the proposed constitutional amendments, via a letter from the Acting Chief Justice Vui Clarence Nelson and co-signed by all judges of the Supreme and District Courts.
[33] In May 2020 Samoa's Ombudsman Maiava Iulai Toma formally expressed opposition to the Bills in a submission to Parliament, saying that it threatened freedom of religion.
[37] Opposition to the Bill has led to the resignation of three MPs from the Human Rights Protection Party: Laauli Leuatea Polataivao in May,[38][39] Faumuina Asi Pauli Wayne Fong in July,[40] and Deputy Prime Minister Fiamē Naomi Mataʻafa in September.
[45] Former Prime Minister Tuilaepa Sailele Malielegaoi has argued that the Westminster system of law does not and cannot dictate to Samoa what its micro or macro applied customary practices should be,[46] and criticised opponents of the bills as "not Samoan".
[56] On 19 May 2022 a parliamentary inquiry found that the discrepancies were due to unauthorised changes made by former Clerk of the Legislative Assembly Tiatia Graeme Tualaulelei at the behest of the President of the Land and Titles Court and former Attorney General Savalenoa Mareva Betham Annandale, and recommended that criminal charges be laid against them.