Samoa’s election-winning FAST party leader Fiame Naomi Mata’afa has been named the country’s first woman Prime Minister, in a swearing-in ceremony her rival called “treason”.

She named her cabinet this afternoon in the ceremony in a large marque tent erected on the Fale Fono (Parliament) grounds.

Whether this ad-hoc ceremony will be recognised as legal and official remains to be seen.

The rival Human Rights Protection Party (HRPP) was not there, nor was there any sign of the judiciary, the speaker, or the head of state. The appointed clerk of parliament acted as FAST’s main legal counsel.

FAST had this morning been barred from entering the Parliament building after Tuila’epa Sa’ilele Malielegaoi, who has been Prime Minister for 23 years and leader of HRPP, directed the Speaker to lock the doors.

Under the constitution, Parliament must sit within 45 days of an election and today was the last day for this to be possible.

FAST said the caretaker government’s actions were “tantamount to a coup”.

‘Bloodless … but a coup’
“I think a coup would be accurate,” spokesman for FAST Lance Apulu said when asked to describe the events of this morning. “Bloodless, but they are actually coups.

“The FAST party are abiding by the rule of law. Yesterday the latest declaration was given by the Supreme Court … they are pushing for the government to abide by the rule of law.”

A Supreme Court decision on May 17 broke a post-election deadlock by confirming the new FAST party had a 26-25 seat majority over the HRPP.

Then, a decision by the Supreme Court on Sunday overruled an edict late on Saturday by the Head of State withdrawing a directive for Parliament to open today.

HRPP, which has ruled Samoa for nearly 40 years, has been refusing to hand over power. Following the swearing in, Tuila’epa called the FAST Party MPs treasonous and promised legal action.

The nation’s first elected female Prime Minister, Fiame Naomi Mata’afa, was sworn in outside Parliament on Monday evening in a historic and extraordinary moment in Samoa’s democratic history. https://t.co/tGiPBO0EuJ

— Samoa Observer (@samoaobserver) May 24, 2021

His words have been translated.

“This is treason,” he said. “This is law-breaking in its highest degree.”

Country’s chiefs disrespected
He said FAST had disrespected the country’s chiefs and leaders and were mentally unfit.

“I have a piece of encouragement for my government officials/public servants today: do not be worried, this party is doing what they can… all there is to do for now is to continue our hard work,” he said.

“I’m just wondering if ‘those guys’ are all there mentally… this isn’t and will not be a government of fools.”

He said only the Head of State could call Parliamentary meetings and swear people in.

“None of what they did is legitimate. The Devil has won and taken over them.”

When asked about the fact that it is Day 45 since the general election, and Samoa had not had a Parliament sitting, Tuila’epa said: “I’m going to answer that question at another, more appropriate time.”

It is probably fortunate Samoa has no armed forces, but there is now immense pressure on the public service and Police Commissioner Fuiavailili Egon Keil.

Enforcing the law
This morning, the commissioner said his role was to enforce the law and he was doing that today by escorting Chief Justice Satiu Simativa Perese to and from Parliament in an attempt to uphold the Supreme Court order to convene parliament.

The judiciary – already under immense pressure, which it has so far held up to – is likely to be put to the test again.

Crises like these are where the head of state is meant to step in, but Tuimaleali’ifano Va’aleto’a Sualauvi has shown that he has been politically swayed, acting on the advice of Tuila’epa and the HRPP Attorney-General, and lacking his own independent advisers.

Even so, he is not in Apia and there has been no word from him today.

Tuila’epa said he wondered how the ad-hoc ceremony made Samoa look to other countries.

“They used to look at us with respect, now we are seen as fools … they have disrespected the dignities of the chiefs and leaders of their districts with their actions today.

“That was a joke, a joke. Oh my, where have we ever seen a Speaker sworn in, in a tent? Shameful.”

“I say that is enough foolishness, enough disrespect. But I am thankful to the Chief Justice for not being present at this tomfoolery.”

“As the FSM is itself a democracy, that both upholds and promotes democratic values, it is imperative that we show our friends, especially during their darkest hours, that we stand with them,” FSM President, David W. Panuelo in a statement recognizing Fiame as Prime Minister pic.twitter.com/1eAlcbLjah

— Lagipoiva Cherelle Jackson (@lagipoiva) May 24, 2021

FSM recognises Fiame as PM
In New Zealand, Prime Minister Jacinda Ardern said at her post-cabinet briefing this afternoon, that the country would encourage “all parties and political leaders” to uphold the election outcome and the decisions of institutions including the judiciary, and the rule of law.

Ardern said New Zealand was not in a position to be playing “any interventionist role”.

She said despite the fact there was a “changeable” political situation, reports were that things were calm, in line with calls from political and faith community leaders.

The Federated States of Micronesia tonight said it “recognised the legitimacy of Prime Minister Fiame Naomi Mata’afa”.

This article is republished under a community partnership agreement with RNZ.

Timeline of events leading to Samoa’s political crisis

• Friday, April 9 – Election: HRPP and newcomer FAST 25 seats each, with one to an independent.
• Tuesday, April 20 – Extra woman’s seat appointed, giving HRPP 26 seats to FAST’s 25.
• Wednesday, April 21 – Independent Tuala Tevaga Ponifasio commits to FAST giving them 26 seats continuing the electoral impasse.
• Thursday, April 22 – FAST challenges the extra women’s seat saying the Constitution specifies a minimum five women’s seats with the lawsuit to be heard in Supreme Court on Wednesday, May 5.
• Friday, April 30 – Electoral petitions due.
• Tuesday, May 4 – Electoral petitions given until the following Tuesday to sort out arguments.
• Tuesday evening, May 4 – HoS – O Le Ao O Le Malo – Tuimaleali’ifano Va’aleto’a Sualauvi II – makes surprise proclamation that a new election is being called for May 21 to break deadlock.
• Wednesday, May 5 – Attorney General calls for the Supreme Court case challenging the extra women’s seat be thrown out due to new elections. *Will reconvene on Friday and have tomorrow to sort arguments.
• Thursday, May 6 – HoS under advice from government proclaims no new candidates can run in by-election.
• Friday, May 7 – Supreme Court agrees to hear a challenge to the constitutional legality of snap-elections and the extra, unelected sixth women’s seat.
• Friday, May 8 – Tuila’epa tells local media he was appointed by God after protests against him outside the Supreme Court.
• Thursday, May 13 – Supreme Court rejects attempt by Attorney-General to delay a challenge to the snap-elections which was to be heard on Friday, May 14.
• Friday, May 14 – Supreme Court hears challenge against the constitutionality of the Head of State voiding the April 9 election and calling a new one on May 21.
• Monday, May 17 – Supreme Court hears challenge against extra women’s seat, voiding it and giving FAST 26-25 majority. Finds in favour of FAST’s challenge on grounds extra seat was declared after the election results had already been confirmed.
• Monday, May 17 – Supreme Court finds Head of State acted beyond his constitutional powers in calling a snap election and voids the ballot, clearing the way for FAST to declare a majority and government.
• Tuesday, May 18 – FAST asks Head of State to convene Parliament.
• Wednesday, May 19 – HRPP to challenge Supreme Court judgments, advises HoS not to call Parliament. Matai and supporters of HoS arrive in Apia by busload following threats to His Highness on social media.
• Wednesday, May 19 – HoS agrees to call Parliament. FAST asks for Friday but HoS prefers Monday, the last possible day to do so.
• Friday, May 21 – Court of Appeal rejects a stay on the ruling voiding the 6th women’s seat. FAST majority stands.
• Friday, May 21 – HoS calls for Parliament to convene on Monday, May 24.
• 7pm Saturday, May 22 – HoS proclaims that Parliament will be suspended until further notice.
• Early Sunday, May 23 – FAST files urgent call for Supreme Court to hear challenge to HoS’s new edict. Case heard in-chambers and proclamation ruled unlawful.
• Monday, May 24 – FAST party arrives at Parliament to find the doors locked. Tuila’epa says only the Head of State has the power to convene Parliament and his HRPP party remains the government.

Article by AsiaPacificReport.nz

Samoa’s constitutional crisis deepened today with the party that commands the majority of seats locked out of Parliament, but still insisting it can form a government today.

The FAST party, its leader Fiame Naomi Mata’afa and a large number of supporters gathered in a tent on the lawn in front of the Fale Fono (parliament house) in Apia, where there was a heavy police presence.

The officers were unarmed and wearing green shirts, RNZ Pacific’s correspondent said.

But the doors to the building were locked, with the Clerk of the House and caretaker Speaker of Parliament insisting there is no sitting today – a decision that directly contravenes a Supreme Court order.

It is the latest twist in a weekend of shock developments that have spiralled into the biggest political turmoil seen in Samoa in decades.

Parliament was due to sit today for the swearing in of MPs after the April 9 election. The sitting was ordered by the Supreme Court last week, after it overruled the Head of State’s decision to call a second election, in order to break a deadlock that resulted from the election.

A later Supreme Court decision handed the FAST party a 26-25 seat majority, opening the way for Fiame Naomi Mata’afa to become Samoa’s first woman prime minister.

Parliamentary sitting ‘cancelled’
Just before midnight on Saturday, local time, the Head of State, Tuimaleali’ifano Va’aleto’a Sualauvi II, cancelled today’s sitting of Parliament without explanation. He is understood to now be in his home village of Matautu-Falelatai, while a constitutional and political crisis has come to a head in Apia.

Not surprisingly, Pacific leaders have not commented publicly on the events in Samoa although there is a growing call for leaders to do so. It will be interesting to see whether Pacific Islands Forum Secretary-General Henry Puna will make a statement on his first day on the job. https://t.co/T6NxylIYR0

— Dr Anna Powles (@AnnaPowles) May 23, 2021

In an extraordinary hearing on Sunday the Supreme Court again overruled the head of state’s decision, calling for Parliament to sit today. Under the constitution, Parliament must sit within 45 days of an election. Today is the last day for this to be possible.

On Sunday night, the Speaker of the Legislative Assembly, Leaupepe Taimaaiono Toleafoa Faafisi, a member of the caretaker Human Rights Protection Party, said he would abide by the Head of State’s call, not the Supreme Court ruling.

Today, Fiame and FAST party supporters went to Parliament anyway, saying the HRPP was ignoring the rule of law. There was a heavy police presence, and supporters were singing hymns from the country’s struggle for independence more than 50 years ago.

Escorted by the police commissioner, Fuiavali’i Egon Keil, the Chief Justice and other judges walked to Parliament to inspect proceedings, tried to open the locked door, and returned down the road to the courthouse.

“What we have just seen is the judiciary witnessing their ruling has not been upheld,” said Fiame in an address to the crowd. “The numbers have been met. We can continue with the process by legal means. We can convene Parliament with 26 members of parliament.”

Soon after, the clerk of the house, Tiatia Lima Graeme Tualaulelei, arrived for a tense discussion with the FAST party, where he explained he was merely following instructions from the Speaker of parliament and the caretaker Minister of Parliament.

The caretaker Minister of Parliament is the HRPP leader and caretaker Prime Minister, Tuilaepa Sa’ilele Malielegaoi.

With neither side currently budging, the standoff looks set to continue well into the rest of the day, with little certainty over how it will be resolved.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

New Zealand Prime Minister Jacinda Ardern has appealed for people in Samoa to uphold its democracy and institutions.

Speaking on RNZ’s Morning Report today, she said New Zealand was closely watching events.

“We have faith in Samoa’s democracy and institutions,” she said.

The scene outside the Fale Fono in Mulinu’ū, Apia, today. Video: Samoa Global News

Ardern hailed the independence of the judiciary.

“We call on others to uphold those institutions and democracy.”

Former Human Rights Protection Party (HRPP) Speaker LeaupepeToleafoa Faafisi has seized the keys to the Fale Fono (Legislative Assembly) and locked all the doors.

The FAST party members and supporters, wearing red, were gathered in a tent outside.

Hung Parliament
This follows elections which produced a hung Parliament which, in the days since, has seen FAST, led by Fiame Naomi Mata’afa, take a one seat lead.

HRPP’s leader and Prime Minister Tuilaepa Sailele tried various manoeuvres to overturn that lead, but found himself blocked by the Supreme Court – and the Constitution.

O le Ao o le Mālō (or Head of State) Tuimalelifano – who won his appointment via a HRPP government – tried to overrule the Supreme Court, producing a weekend battle which he appears to have lost.

He has fled the capital for the perceived safety of his village Falelatai, 30 km away. It is not known if he will attend the Fale Fono session today which should see the swearing in of MPs by the Chief Justice Satiu Simativa Perese.

Also expected to boycott the session is the sole member of the Council of Deputies, Le Mamea Ropati.

HRPP have not said what they will do, but a boycott of the assembly by Tuilaepa and HRPP politicians is likely.

Expected to attend will be Tupua Tamasese Efi. He cannot take any role. As Prime Minister Tupuola Efi, he was ejected from office by the HRPP.

He later became Head of State.

Article by AsiaPacificReport.nz

Samoa’s Court of Appeal has dismissed the appeal by the Human Rights Protection Party (HRPP) against the Supreme Court’s ruling that overturned the appointment of a sixth woman Member of Parliament, Ali’imalemanu Alofa Tu’u’au.

This paves the way for the sitting of Parliament (Fale Fono) on Monday as proclaimed by the Head of State.

The decision by the panel of three judges – Justice Tafaoimalo Leilani Tula Warren and Justice Fepulea’i Ameperosa Roma – was delivered by the Chief Justice, Satiu Simativa Perese.

Proclamation has been issued be Head of State to convene Parliament on 24th May 2021.

Viia le Ali’i ua maua se iuga lelei.
Now to the oath ceremony. pic.twitter.com/reeyjA7WGn

— Lagipoiva Cherelle Jackson (@lagipoiva) May 21, 2021

The decision

• The applications by the first and second appellants for a stay of execution of the judgment of the Supreme Court dated 17 May 2021 are dismissed;
• Costs are awarded in the amount of $5000 against the first and second appellants in favour of the respondents, to be paid within 30 days of the date of judgment.

The appellants were Ali’imalemanu Alofa Tu’u’au and the Office of the Electoral Commissioner.

The respondents were the Faatuatua I le Atua Samoa ua Tasi (FAST Party) and Alataua West MP Seu’ula Ioane, who defeated Alimalemanu in the April 9 election.

After the decision was delivered, FAST deputy leader La’aulialemalietoa Leuatea Polataivao paid tribute to FAST’s legal team and upport from across the country.

He also acknowledged HRPP and caretaker Prime Minister, Tuilaepa Sa’ilele Malielegaoi.

The Head of State, His Highness Tuimalealiifano Vaaletoa Sualauvi II has issued the writ to declare the official opening of XVII Parliament on Monday next week. https://t.co/D9iYHWXs3X

— Samoa Observer (@samoaobserver) May 21, 2021

‘We’re after all one family’
“Despite the differences in our beliefs and difficulties we faced as we went through these challenges, we after all are one family,” said La’auli.

He also acknowledged the Head of State for convening Parliament (Fale Fono) on Monday.

As seen in the court house since last Monday, after every FAST victory in court, the supporters burst out in song, hymns and prayers of thanksgiving outside court.

The victory now confirms the FAST party’s majority in Parliament and launches major evelopments in Samoa’s modern political history:

• Samoa will now have its first female Prime Minister in Fiame Naomi Mataafa as the FAST Party leader; and
• The FAST victory unseats one of the longest serving Prime Ministers, Tuilaepa Sailele Malielegaoi who held the office for 22 years in his Human Rights Protection Party’s (HRPP) 40-year rule.

Lagi Keresoma is a Talamua Online journalist.

Article by AsiaPacificReport.nz