Abstract
Sāmoa possesses two parallel systems through which social order and justice are maintained; these are the formal western judicial and legal system and the traditional justice mechanism provided by the village councils. Village councils play an integral role in maintaining social order and passing judgement on offences in the traditional villages in Sāmoa, with the majority of villages being classified as traditional. Due to variation in the definitions of acceptable norms, the penalties for different offences across villages, and the potential conflict with the state laws, there was a push towards a review of the Village Fono Act 1990, the key piece of legislation which governed the functioning of the village council. The amended Village Fono Act 2017 has expanded the authority of and has encouraged the codification of the customary regulations by village councils. This paper will discuss several social and gender issues which may emerge due to the codification.
Keywords: Village Fono Act 2017, Codification, Gender.
