The Attorney General, Su’a Hellene Wallwork, has recommended that the balance of funds owed to the Lepa District Council be released to prevent the district from being “unfairly singled out.” In a legal opinion issued to the Ministry of Women, Community, and Social Development (MWCSD) Chief Executive Officer Loau Donina Vaa, Su’a addressed the status of the district’s lease agreement with the Congregational Christian Church of Samoa (CCCS) in Lepa.

Su’a’s letter, dated 26th September, mentioned that the district council’s Deed of Lease with CCCS is invalid and requires urgent correction. The Attorney General’s advice follows an investigation by the Ministry of Finance into allegations of misconduct involving an advance lease payment in Lepa, the district of the Opposition Leader. The inquiry, led by the Steering Committee for the $1 million grant, halted Lepa’s project in its initial stages but allowed it to resume later.

After reviewing the Ministry of Finance’s report, Su’a concluded that Lepa’s Deed of Lease failed to comply with the Leasing and Licensing of Customary Land Act (LLCLA) 1965, which governs the leasing of customary lands. She recommended that the Ministry of Finance inform the Lepa District Council in writing of the lease’s invalidity and require the council to remedy the deficiencies. The land in question, according to the Ministry of Lands and Survey, is confirmed to be customary land, meaning the appropriate legal provisions under LLCLA 1965 apply.

The Attorney General also pointed out that the Ministry of Finance disregarded earlier advice from her office regarding the legality of the lease agreement. She reiterated that the issue of the lease’s illegality remains unresolved, despite the continuation of the district’s project.

Additionally, Su’a highlighted the lack of clarity in the lease concerning the land’s status—whether it was customary, freehold, or public land—and its failure to provide a proper description of the property.

Su’a has urged the release of remaining funds to the district, stressing that Lepa should not be unfairly disadvantaged. The Ministry of Finance is now tasked with addressing the invalid lease while ensuring the funds allocated under the EGA’s $200,000 grant are made available to Lepa.