Samoan Prime Minister Fiame Naomi Mata’afa has survived a vote of no confidence after weeks of political turmoil.

In a vote today, she defeated the motion by 34 votes in favour and 15 against.

The motion was prompted by a split in the ruling FAST Party, which saw Fiame leading a minority government.

But in a shock move today, FAST members voted alongside Fiame’s faction to register a resounding defeat against Opposition Leader Tuilaepa Sailele Malielegaoi’s motion.

The Speaker of the Legislative Assembly, Papalii Lio Masipua, had granted the opposition’s formal request for a vote of no confidence against Fiame on Friday.

Tuilaepa, who is also the head of the Human Rights Protection Party (HRPP), confirmed that the Speaker approved the motion in writing and allowed five members from the opposition bench to speak on it.

According to Samoa’s constitutional requirements, the MP who commands the majority of MPs should be elected as Prime Minister or continue as Prime Minister.

‘Another desperate attempt’
However, the Samoan government stated Tuilaepa’s move was “another desperate attempt to stir political drama” ahead of the no-confidence vote.

Political upheaval hit Samoa just three days into 2025 when the chair of the ruling FAST party and Samoa’s Minister of Agriculture and Fisheries La’auli Leuatea Schmidt confirmed he was facing criminal charges.

On January 10, Mata’afa removed La’auli’s ministerial portfolio and subsequently removed three of her Cabinet ministers.

But La’auli remained chair of the FAST Party, and went on to announce the removal of the prime minister and five Cabinet ministers from the ruling party.

This decision was reportedly challenged by the removed members.

Fiame then removed 13 of her associate ministers.

Laauli acknowledged the challenge of holding a vote of no confidence, but refrained from disclosing the party’s position, stating they would wait until Tuesday.

First female prime minister
Fiame is Samoa’s first female prime minister. She had heritage — her father, Fiame Mata’afa Faumuina Mulinu’u, was the country’s first prime minister.

She took office following the April 2021 election, but that devolved into political crisis.

The caretaker HRPP government locked the doors to Parliament in an attempt to stop the then prime minister-elect from being sworn into office following her FAST Party’s one-seat election win.

Two governments claimed a mandate to rule, and the United Nations urged the party leaders to find a solution through discussion.

The Court of Appeal ruled that the country had a new government after it judged the impromptu swearing-in by the newcomer FAST party on May 24 was legitimate under the doctrine of necessity.

It took until July for the incumbent, Tuilaepa Sailele Malielegaoi, to concede.

Fiame went to school and university in Wellington, New Zealand, but her studies were interrupted in 1977 when she returned to Samoa to help with court cases around the succession of her father’s titles following his death in 1975.

In 1985, she was elected as MP for Lotofaga, the same seat held by her father and then her mother after his death.

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

Article by AsiaPacificReport.nz

The Speaker of the House, Papali’i Li’o Taeu Masipau, decisively addressed a letter from FAST, which informed him of the removal of Fiame along with Deputy Prime Minister Tuala Tevaga Ponifasio, Leatinu’u Wayne Fong, Olo Fiti Vaai, Faualo Harry Schuster, and Toeolesulusulu Cedric Schuster from the party.

The letter also referenced a lack of confidence in Fiame’s leadership and alleged discussions between the Government and the opposition. Papali’i rejected all claims, emphasising that decisions about parliamentary seats must align with the Constitution.

“I have received a letter from the FAST Party concerning the removal of some of their members from the party. The letter raised questions about their parliamentary seats. Let it be clear: neither the Speaker of the House nor Parliament can, at this stage, make a decision that would result in the vacating of these seats in Parliament. The process must align with the rule of law,” the Speaker stated.

The Electoral Act 2019 of Samoa outlines provisions regarding changing party allegiance by Members of Parliament (MPs). These rules are designed to maintain political stability and ensure that MPs adhere to the party alignment under which they were elected.

Fiame and the affected MPs have not declared their exit from FAST or joined another party, ensuring their seats remain legally secure, as affirmed by the Speaker.

In response to FAST attempts to remove her, Fiame dismissed 13 Associate Ministers. They had aligned themselves with La’auli Leuatea Polataivao Fosi Schmidt, the FAST Party chairman and former Minister of Agriculture and Fisheries, in an attempt to oust her from the party.

Three ministers removed
Fiame had earlier removed three Cabinet Ministers — Mulipola Anarosa Ale-Molio’o (Women, Community, and Social Development), Toelupe Poumulinuku Onesemo (Communication and Information Technology), and Leota Laki Sio (Commerce, Industry, and Labour).

The Speaker also dismissed references in the FAST letter to alleged discussions between the government and the opposition, citing a lack of verification.

“Legal avenues outside Parliament are available for these matters to be pursued,” he added.

Opposition leader Tuilaepa Sa’ilele Malielegaoi, Fiame’s predecessor, confirmed in Parliament that he had met with Fiame but clarified that the discussions focused solely on parliamentary matters and the smooth operation of the government.

In her Parliamentary address, Fiame acknowledged the challenges within the FAST Party. “As Prime Minister, I must acknowledge that the primary cause of this issue stems from the charges against La’auli, the former Minister of Agriculture and Fisheries,” she said.

Fiame removed La’auli from his Cabinet role after he refused to step down following charges filed by the Samoa Police Service. The resulting fallout led to internal dissent within FAST, tit-for-tat removals of Ministers and Associate Ministers, and attempts to oust Fiame from the party and her role as Prime Minister.

Emphasising the importance of adhering to constitutional principles and due process, Fiame further stated in her Parliamentary address, “These challenges are not unprecedented. In 1982, similar divisions within the HRPP led to multiple changes in leadership before the government stabilised.”

‘Rift in alignment of canoes’
Regarding divisions in the FAST party, she said in Samoan: “Ua va le fogava’a.” Translated: there is a rift in the alignment of the canoes.

Despite this she reaffirmed her commitment to her role: “My Cabinet and I remain committed to fulfilling our duties as outlined in the law.”

She apologised to the nation for the disruptions caused by the unrest and called for mutual respect and adherence to the rule of law.

“My leadership defers to the rule of law to conduct my work. The rule of law is the umbrella that protects all Samoans under equal treatment under the law,” Fiame added.

In an unexpected move, opposition leader Tuilaepa expressed full support for Fiame’s leadership.

“Myself and our party — the only thing that we will do is to follow what I have said in the past on 26th July in 2021. I said: ‘Fiame, here is our government, lead the country. We put faith in you and 500 percent support.’”

Tuilaepa’s endorsement, along with the Speaker’s firm stance on upholding the rule of law, has been widely viewed as a stabilising factor during a turbulent time for Samoa’s government.

Filllng the gaps
To fill the gaps left by the dismissed Ministers, four new Cabinet members were sworn in earlier in the week. They are: Faleomavaega Titimaea Tafua (Commerce, Industry, and Labour), Laga’aia Ti’aitu’au Tufuga (Women, Community, and Social Development), Mau’u Siaosi Pu’epu’emai (Communications and Information Technology), and Niu’ava Eti Malolo (Agriculture and Fisheries).

The session marked the conclusion of a 20-day period of political unrest, social media harassment, attacks on press freedom and significant cabinet restructuring. With less than a year remaining in her term, Fiame faces the dual challenge of managing internal divisions within FAST while steering the government toward stability.

The Speaker’s decisive handling of the FAST letter, combined with the opposition leader’s support, has reaffirmed the rule of law as the cornerstone of Samoa’s democracy. While challenges remain, the Government now has a clearer path to focus on its legislative agenda and governance responsibilities.

Samoa faces high stakes, with more twists, turns, and potential crises likely to unfold in the months leading up to the elections. The political landscape remains fragile, and the nation’s stability hangs in the balance.

A steadfast commitment to the rule of law will be crucial as the country navigates this turbulent period.

Adding to the tension is the role of the Samoan diaspora, who amplified the political divide from abroad, fueling the ongoing discord. As the election approaches, only time will reveal how these dynamics will shape Samoa’s political future.

Lagipoiva Cherelle Jackson is a Samoan journalist with over 20 years of experience reporting on the Pacific Islands. She is founding editor-in-chief of The New Atoll, a digital commentary magazine focusing on Pacific island geopolitics. Lilomaiava Maina Vai is the local host of Radio Samoa and editor of Nofoilo Samoa. Republished from the Devpolicy Blog with permission.

Article by AsiaPacificReport.nz

Samoa’s prime minister and the five other ousted members of the ruling FAST Party are reportedly challenging their removal.

FAST chair La’auli Leuatea Schmidt on Wednesday announced the removal of the prime minister and five Cabinet ministers from the ruling party.

Twenty party members signed for the removal of Fiame Naomi Mata’afa and five others, including Deputy Prime Minister Tuala Iosefo Ponifasio and two original members.

Samoa media outlets have been reporting that in a letter dated January 17, one of the removed members, Faualo Harry Schuster, wrote: “We all reject the letter of termination as relayed as unlawful and unconstitutional.”

In the letter, which is circulating on social media, he claimed they were still members of the FAST party.

Local media reports had suggested members of the FAST party had called for Fiame’s removal as prime minister.

Meanwhile, the government’s Savali newspaper has confirmed the removal of 13 associate ministers of Fiame’s Cabinet.

“The termination of their appointments stem from the issue of confidence in the Prime Minister Fiame Naomi Mata’afa to continue work with the associate ministers, as well as the associate ministers’ expression of no confidence in her leadership,” it said.

“The official statement emphasises that the functions and responsibilities of the Executive Arm of Government continues under the leadership of the Prime Minister — Fiame Naomi Mata’afa and Cabinet.”

Fiame had last week removed three members of her Cabinet, after she also stood down La’auli, who is facing criminal charges.

Parliament is scheduled to reconvene on Tuesday, January 21.

Article by AsiaPacificReport.nz

There should be only one reason why people enter politics. It is for the good of the nation and the people who voted them in. It is to be their voice at the national level where the country’s future is decided.

The recent developments within the Samoan government are a stark reminder that people have chosen politics for reasons other than that. We are at a point where people are guessing what is next.

Will the faction backing Laauli Leuatea Schmidt continue on their path to remove Prime Minister Fiame Naomi Mata’afa or will they bite the bullet and work together for the better of the nation?

The removal of the prime minister and the nation heading to snap elections has far-ranging implications. While the politicians plot and play a game of chess with the nation and its people, at the end of the day it will be people who will feel the adverse effects.

After the 2021 Constitutional Crisis and then the economic downturn from the effects of the measles lockdown and the covid-19 pandemic, the nation had just started recovering. A snap election would impact this recovery and the opportunity cost would be far greater than people have thought.

According to political scientist Dr Christina La’ala’i Tauasa, should the ruling party proceed with a vote of no confidence against the PM. In terms of party unity, a no-confidence vote could deepen internal divisions within the FAST party, potentially leading to a leadership crisis and a weakened government.

“Overall, there is Samoa’s political stability to carefully take into consideration as a successful vote of no confidence will no doubt destabilise the country’s political landscape, prompting more questions about the state of the party’s cohesion, particularly their ability and capacity to effectively govern and lead Samoa given their first term in government. The country and the FAST party cannot afford to go into a snap election, it would be a loss for all except the Opposition party,” she said.

The nation needs leadership that will drive economic growth, the development of infrastructure and basic services.

There is a hospital that is slowly falling apart, there are not enough doctors and nurses, teachers are needed in hundreds, people are unable to send children to school because of high education costs and the disabled population does not have access to equal opportunities in education and employment, better roads are needed, towns are getting flooded whenever it rains, there is a meth scourge which indicates the need for better control at the border, agriculture and fisheries are in dire need of fuel injection, many families are living in poverty, there is a need for an overhaul of the electricity infrastructure and not every household in the country can access clean water.

The list goes on. This should be the focus of the government and if the government is split then this cannot take place. It seems like there is a race to grab power at the expense of the people.

If politicians are concerned about the good of the nation and its people, all efforts should be made to have a government in place that would focus on these issues.

The days leading up to the first parliamentary session and thereafter will bring to light the true colours of the people we have elected. There will be two kinds, one who chose the path to genuinely help improve the lives of the people and prosper the nation and the second who only wants to prosper their needs.

Time will tell.

This Samoa Observer editorial was first published on 16 January 2025. Republished with permission.

Article by AsiaPacificReport.nz

It would be an understatement to say that we are stunned to see that the Human Rights Protection Party leader Tuila’epa Dr Sa’ilele Malielegaoi now alleges the New Zealand Prime Minister plotted his removal from office.

This is beginning to sound really weird coming from a former prime minister, especially one who has spent over two decades in the top seat of Samoa’s government, and is supposed to be cognisant with how democratic governments function or are supposed to function before and after a general election.

However, we’ve grown accustomed in recent weeks to how Tuila’epa has been reacting to his party’s defeat in April’s general election, and his caretaker administration’s removal from office by the Court of Appeal last month.

And his finger pointing has been spectacular to say the least: starting with the judges of the Supreme Court and the Court of Appeal to the Chief Justice, His Honour Satiu Sativa Perese; to the former Attorney-General Taulapapa Brenda Heather-Latu and her husband and lawyer George Latu; and the former Head of State, His Highness Tui Atua Tupua Tamasese Efi.

But the latest one, with Tuila’epa accusing the head of a foreign government of plotting his government’s downfall based on a feminist agenda to install Fiame Naomi Mata’afa as Samoa’s first female prime minister, takes the cake.

Appearing in a TV1 programme on Sunday night, the former prime minister said he always had suspicions about the involvement of New Zealand, and its leader Jacinda Ardern, in Samoa’s election.

“The government [of New Zealand] has been heavily involved,” he said during the televised programme.

“It got me thinking about a lot of the things that have happened recently.

“It looks like the New Zealand Prime Minister wanted Samoa to have a female prime minister.

“Which has blinded her [Jacinda Ardern] from seeing if it’s something that is in line with our constitution.”

Tuilaepa’s evidence? Ardern’s congratulatory message to Fiame immediately after the Court of Appeal ruling last month, which happened too fast for the 76-year-old veteran politician’s liking.

“The proof is, as soon as the decision was handed down, the Prime Minister of New Zealand immediately sent her congratulatory message.

“The way I see the whole scenario, it looks like a concert they have worked on for a long time.

“The fact that she quickly sent Fiame her well wishes makes me think that they had planned all of this.”

So did the New Zealand Prime Minister have to wait a day, a week or a month before sending Fiame her congratulatory message?

In fact, with Samoa in recent months engulfed in a constitutional crisis — a result of Tuilaepa’s illegal actions supported by various state actors — the timing of Ardern’s congratulatory message was perfect.

At that time esteemed members of the judiciary were under attack, and the former Prime Minister and his cronies were on the verge of usurping the powers of the courts, and thus creating a case for the international community to intervene.

Therefore, the recognition of Fiame and the Court of Appeal’s ruling that installed her Fa’atuatua i le Atua Samoa ua Tasi (FAST) government was critical, in order to assure Samoan citizens and the world that the rule of law would prevail despite the months-long trepidations.

And Ardern’s congratulatory message did just that: it restored confidence in the judiciary and the rule of law in Samoa.

So did Tuilaepa conveniently forget that his party doomed themselves at April’s polls by bulldozing through draconian laws that restructured the judiciary last year despite public opposition; opted to endorse multiple candidates under the party banner; chose to overlook the significance of social media-focused campaigning; and downplayed the campaign strategy of the FAST party?

Hence there is much more to the congratulatory messages from the New Zealand Prime Minister and other world leaders and international organisations, following the court’s installation of the FAST government.

It is an acknowledgement by the international community of the evolution of Samoa’s democracy, noting that while there could be bumps along the way, but with functioning institutions of governance such as a robust justice system we have the ability to pick ourselves up and continue the journey.

Accordingly, the claim by the former Prime Minister of a plot against him by a group of feminist leaders, can be added to the growing list of conspiracy theories Tuila’epa himself has concocted since his exit from power.

But the problem with conspiracy theories is they continue to be spread and if repeated become validated.

The fact that the senior membership of the HRPP has stood by and watched, without lifting a finger to question Tuila’epa’s misinformation, says a lot about the current state of the party.

In fact the 42-year-old party’s failure to censure its leader makes them equally responsible and complicit for the spreading of misinformation, relating to April’s general election and the crisis that followed.

And lest we forget the caution against misinformation by the Irish playwright George Bernard Shaw: “Beware of false knowledge; it is more dangerous than ignorance.”

Samoa Observer editorial on 26 August 2021. Republished with permission.

Article by AsiaPacificReport.nz

Sāmoa’s defeated prime minister Tuila’epa Sailele has fired a verbal blast at Aotearoa New Zealand Prime Minister Jacinda Ardern, saying she had been blinded by an obsession to ensure a female prime minister led the Pacific nation.

He also attacked Aotearoa Foreign Minister Nanaia Mahuta and the governing New Zealand Labour Party, saying they had interferred in the political affairs of independent Sāmoa.

In a lengthy and strange statement Tuila’epa also suggested The Pacific Newsroom had been part of what he terms a “bloodless coup” by Prime Minister Faimē Naomi Mata’afa and her Faʻatuatua i le Atua Sāmoa ua Tasi (FAST) Party.

The Human Rights Protection Party-issued statement said Tuila’epa was deeply disappointed over the New Zealand government role.

“This blind obsession with the advent of a woman PM for the first time in Samoa’s political history has blinded Prime Minister Ardern’s judgment in the exercise of caution when it comes to Samoan politics, which is always fraught with a deep and complex culture — that much more lies beneath the surface,” the statement said.

“In brief, the change of government on 23 July 2021 completed a bloodless coup, with the judiciary taking the lead.”

Tuila’epa described as “mind boggling” how Mahuta carried out “numerous verbal negative attacks” on him in the media. Her comments amounted to interfering with the government’s policies and he had taken that up with New Zealand High Commissioner Trevor Matheson.

‘Unprecedented haste’
Tuila’epa said he also discussed the New Zealand government’s “unprecedented haste to congratulate the FAST government leadership despite the alarms we had raised”.

He claimed there had been an “unprecedented and immediate grant of aid funding in excess of NZ$14 million, (publicly broadcast by government) almost immediately after the appointment of the FAST government by our Court of Appeal — albeit the first grant of its kind since the last 40 years of HRPP’s government.”

It was unbelievable and reflected New Zealand’s “bad judgment”.

Tuila’epa found evidence of conspiracy in The Pacific Newsroom’s July 13 interview with FAST lawyer Taulapapa Brenda Heather.

He called her “the de facto FAST Head of State”. In that interview, the September 20 summoning of Parliament was mentioned, and Tuila’epa saw this as significant: “Was this also an indirect notice through to Wellington?”

He said members of Parliament had yet to receive notices on the date.

The new government this month appointed five New Zealand judges to hear cases, and Tuila’epa said this was unavoidable but raised the question of who was to pay.

‘Unhealthy developments’
“With all these unhealthy developments, we believe the Labour government was fully aware of the nature of Samoa’s political impasse through the constant flow of reports from the NZ High Commission office in Apia,” Tuila’epa said.

“Given the years of experience of the complexity of Samoan politics, through our association of over 107 years and a Treaty of Friendship, what can NZ do to help a former Trust Territory rather than openly supporting a government that is so tainted by numerous irregularities?”

Tuila’epa said he was issuing a call to the United Nations, the Commonwealth and all friendly governments “for any legal remedies to sort out the legal mess we are in, before this country of peace loving Samoan citizens degenerates to anarchy”.

Michael Field is an author and co-publisher of The Pacific Newsroom. He is also a specialist on Sāmoa. This article is republished with permission. Asia Pacific Report collaborates with The Pacific Newsroom.

Article by AsiaPacificReport.nz

It has become obvious in recent weeks that the strategy of Samoa’s oldest political party is to “repeat a lie long enough that it becomes the truth”.

And these untruths have been disbursed through multiple platforms: television, radio and social media as well as through protest marches and vehicle convoys.

It explains why the former prime minister and Human Rights Protection Party (HRPP) leader, Tuila’epa Dr Sa’ilele Malielegaoi and his party deputy, Fonotoe Pierre Lauofo, have been on air lately, as part of a party-led crusade to disparage the judiciary, following the Appellate Court’s decision last month to install the Fa’atuatua i le Atua Samoa ua Tasi (FAST) government.

Last week the Ministry of Justice and Courts Administration (MJCA) felt compelled to set the record straight — in the face of a slew of misinformation by the HRPP leadership recently — on the 23 July 2021 judgment of the Appellate Court and where the court views the position of the Head of State in relation to the Constitution.

Perhaps, the former prime minister needs to be reminded again of the position that the Head of State occupies under the Constitution, as laid out by the Appellate Court’s ruling:

“It may not be a well-known fact that the Head of State, except as otherwise provided in the Constitution, has no option but to comply with the advice of the Cabinet or the Prime Minister; such advice is deemed to be accepted by the Head of State after a period of 7 days.

“Respectfully, the Head of States authority is to do what he is told to do by Cabinet or the Prime Minister as his responsible Minister.

“He is like everyone else, a servant of the Constitution, not its Master.”

— (Paragraph 60 of the court’s decision notes.)

So aren’t we blessed that our forefathers foresaw what could come many years later — when a sitting prime minister could have illegally used a Head of State to usurp the powers of the Constitution — and therefore drafted in the provisions to ensure the Head of State remains subservient to the Cabinet or the Prime Minister (not a caretaker cabinet or caretaker prime minister) at all times?

One thing we know for sure is Tuila’epa and Fonotoe have been cherry-picking the courts’ judgments to suit their party’s political agenda, which is why the MJCA felt the need to release a statement last week to point out the role of the courts as the guardians of the Constitution.

So what is the endgame for these two notable politicians, one a former prime minister and the other a former deputy prime minister, as they persist in churning out flawed interpretations of the court’s judgement?

We ask this question because both have reached the highest echelons of political power in Samoa, one as a prime minister and the other deputy prime minister, and basked in the glory that came with their terms in office including the triumphs of successive HRPP governments over the years.

Speaking on TV1 Samoa’s Good Morning Samoa programme on Wednesday, Fonotoe claimed “Samoa is slipping into a failed state” and then unleashed a barrage of untruths on how the judiciary is “causing the erosion of the Constitution” and “effectively putting itself above Parliament” on the televised show.

And this is from a politician who has practised as a lawyer and made submissions as a barrister before the same court, which he and party boss continue to disrespect to this very day with their Machiavellian commentary, following their party’s loss at the April general election.

But then how can Samoa be a failed state when the international community immediately stepped forward with congratulatory messages for the FAST government and Samoa’s first female Prime Minister, Fiame Naomi Mata’afa after the Appellate Court handed down its 23 July 2021 ruling?

The international community showed total confidence in the ability of our judiciary to rule without fear or favour to resolve the three-month-long constitutional crisis, and this was demonstrated by their acceptance of the court’s judgement.

Therefore, the call by Tuilaepa for the international community to assist “restore Samoa’s democracy to where it should be” appears to be at best tongue-in-cheek, consigned to the annals of Samoan political history.

How can he be taken seriously as a leader on the international stage when history now shows how him and his party members tried to manipulate the Constitution to prolong their illegal tenure in office?

Nonetheless the highest court in the land has spoken, let’s respect the wisdom of its judgement and enable the new government to get on with the job of governing, and delivering on its promises to the people of this nation.

If you haven’t noticed storm clouds have been gathering recently and the people want their government to be ready to tackle these challenges, so if you have nothing positive to contribute, then it is in the public’s interest that you step aside and let those who’ve been given the mandate to lead take charge.

This Samoa Observer editorial was published on 13 August 2021. It is republished with permission.

Article by AsiaPacificReport.nz

Heavy rain early today failed to deter more than 1000 Human Rights Protection Party (HRPP) supporters who gathered in front of the Government building in Apia — some travelling hours to get there — to protest against what they claim to be the “disintegration” of Samoa’s constitution.

Despite the sporadic heavy showers, people marched in unison singing traditional songs to rally against the judiciary’s ruling to install the new Fiame Naomi Mata’afa government.

People held up posters with messages proclaiming “Uphold the Constitution” and “Constitutional Government not Judicial Government” as they waved Samoan flags.

The Former Minister of Health, Faimalo Kika Stowers, led the march with other HRPP figures and former MPs mixed among the crowd.

While announcements said the march would start at 10 am, the movement of more than 200 people left the Fiame Mata’afa Faumuina Mulinuu II (FMFMII) Building before that time.

Many of the attendees told the Samoa Observer that they were marching in support of former prime minister Tuila’epa Dr Sailele Malielegaoi’s government.

“HRPP have done amazing things for Samoa and we will continue to stand for [it],” an elderly man in his 80s from Moataa said.

Buses full of civilians
Buses full of civilians of all ages, from as far as Samatau, offloaded in front of the Government building from 8 am.

Meanwhile, at the Malae o Tiafau, large tents and hundreds of chairs had been set up to shelter the demonstrators.

The Samoa Observer understands that the Supreme Court had cancelled all matters initally scheduled for Monday as a safety precaution for judges.

A heavy police presence was seen at the ground floor of the building.

The Samoa Observer understands this was to ensure that no disturbances took place for the new government that is now housed in the FMFMII building.

Today’s rally comes after the party’s supporters participated on Friday in a vehicle convoy protest against the judiciary.

Soli Wilson is a writer for the Samoa Observer. This article is republished with permission.

Article by AsiaPacificReport.nz

Samoa’s new FAST Party government has got down to work this morning, meeting with the heads of government departments, more than 100 days after it had won the election.

FAST MPs were forced to swear themselves in because the Head of State had barred them from entering Parliament.

The court ruled that the swearing in complied with the Constitution and so it was legitimate.

The judges wrote “that the swearing in, is in and of itself Constitutional and lawful, and there is no need to consider the doctrine of necessity.”

They also said the Head of State, Afioga Tuimalealiifano Vaaletoa Sualauvi II, had shown a lack of understanding of his constitutional role and an equally basic lack of understanding of the role of the Supreme Court.

The judges said the Supreme Court is “the guardian of the Constitution and it will continue to protect and maintain the rule of law and democracy under the Supreme law.”

While the FAST cabinet has been at work, the HRPP party, which has been reduced to 17 seats to FAST’s 26 through the electoral petition process, is continuing to grumble about the decision.

Local media have reported caretaker prime minister Tuilaepa Sailele Malielegaoi is refusing to concede.

One of the first to congratulate the Prime Minister-elect, Fiame Naomi Mata’afa, on her victory, was New Zealand’s leader, Jacinda Ardern.

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

Article by AsiaPacificReport.nz

Samoa’s Court of Appeal ruled today that the Faatuatua ile Atua Samoa ua Tasi (FAST) party was the country’s new government bringing three months of political stalemate to a close.

The court, the highest in the country, found that a swearing-in ceremony conducted by the party on the lawns of Parliament on May 24 was in fact legally binding, immediately installing FAST as the nation’s new government and declaring it had been so for nearly two months.

The decision apparently brings to an end the 22-year reign of Tuila’epa Dr Sa’ilele Malielegaoi as the nation’s Prime Minister.

Under the court order he will be succeeded by Samoa’s first female Prime Minister, Fiame Naomi Mata’afa.

In their conclusion, the Court of Appeal said to avoid doubt Samoa has had a lawful government since May 24, namely that led by the FAST party.

The decision also ends nearly four decades of uninterrupted political dominance by the Human Rights Protection Party (HRPP), which first won government in 1982.

Fiame is a former member of Tuila’epa’s government and Deputy Prime Minister who quit the ruling party last September over what she said were plans to dismantle the rule of law in the form of three bills that were passed into law in December.

Widespread criticism
The bills drew widespread criticism for their effect on the independence of the courts from legal experts and the nation’s judges.

Fiame led the newly created FAST party to a slender one-seat victory 26-25 following the holding of April 9 national elections.

The impromptu swearing-in was held on May 24 — the last day on which Parliament was obliged to meet after a national election according to a stipulation in the nation’s constitution.

That ceremony, which was boycotted by HRPP members and the Head of State, was conducted before a majority of FAST Members of Parliament and followed a Supreme Court order the day prior ruling that must Parliament convene.

But the ceremony was held outside the Legislative Assembly building after the former Speaker of the Parliament, Leaupepe Toleafoa Faafis, ordered that it be locked down.

While the swearing-in was previously struck down by the Supreme Court, the FAST party argued that it needed to be held out of the “principle of necessity”, namely to stop the breach of that constitutional requirement.

The Chief Justice, Satiu Simativa Perese, alongside Justice Niava Mata Tuatagaloa and Justice Tafaoimalo Leilani Tuala-Warren delivered the decision at 4.30 pm this afternoon.

Legal challenges
Since then the swearing-in HRPP’s numbers on the floor of of Parliament has fallen by seven to reach 18 following successful seat-by-seat post-election legal challenges to its election victories that will result in fresh byelection contests.

The HRPP and the Head of State have ignored decisions instructing them to convene Parliament that they could not do so until all Members of Parliament were represented in the Legislative Assembly, particularly women MPs who are required to make up 10 percent of all legislators under a constitutional mandate.

The panel of justices said it did not recognise the caretaker government being legitimate and said it was unlawfully occupying office.

The court also ruled that the role of the Head of State in swearing-in the Speaker and members of the FAST are ceremonial roles to administer the swearing-in where the oath is to the Almighty God.

The appeal from the Attorney-General’s Office was dismissed and the cross appeal from the FAST party upheld.

The question of whether the courts have the legal right to force Parliament to sit in cases where the constitution had been violated, or whether that power was exclusively vested in the Head of State, lay at the heart of the case, which was held last week.

In that hearing, arguing on behalf of the Samoa Law Society, New Zealand QC Robert Lithgow said something had stood in the way of the Legislative Assembly convening despite the court’s clear power to force Parliament to sit within a day.

Constitution’s ‘higher purpose’
He said the constitution, as the supreme law of the land, could not be “bolted” down by interested parties but it had a broader, higher purpose: protecting the central interests of the Samoan people as expressed by them in their recent election.

Friday’s decision came as a surprise to parties involved in the case, who had previously been under the impression that a decision would not be handed down until Monday next week.

A notification that a decision on the matter had been reached was only sent to involved parties at about five minutes past 4 pm this afternoon with the decision handed down shortly after at about 4.30 pm.

The HRPP was added as a party to the Supreme Court case but no comment has yet been made by Tuila’epa or any of its other representatives.

In late May, Tuila’epa promised to abide by any ruling by Samoa’s highest court on the issue of the validity of the swearing-in.

Lanuola Tusani Tupufia-Ah Tong is a Samoa Observer journalist. Republished with permission.

Article by AsiaPacificReport.nz

When Australia’s second-longest ever serving Prime Minister faced a complete wipeout at the national elections after 10 years in power — even being voted out of his own seat — he realised that he had lost but only as part of a process much bigger than he was.

It was not the sheer scale of his loss that was extraordinary.

All political careers end in tragedy, as the saying goes. But it was the belief he displayed in ideals more important than his own self-interest.

“This is a wonderful exercise in democracy,” John Howard said at a small ceremony at a local primary school held to acknowledge that he had been voted out by the constituents whom he had represented for more than three decades.

“You can count on the fingers of one hand the countries which have remained democracies for over 100 years.

“It is a privilege to be part of that process.”

Howard’s end, and the steely manner in which he went out to meet it, is a lesson in principled graciousness and other attributes Samoa’s Human Rights Protection Party (HRPP) has failed to display since losing the election.

Most noticeably lacking is a sense of pride in democracy being part of our nation’s character and respect for its rules being a form of patriotism.

Instead, we have seen in Samoa a caretaker Prime Minister, Tuila’epa Dr Sa’ilele Malielegaoi who lost the election, and continues to lose seats by the day, refuse to even contemplate defeat.

He has openly defied (it comes right after “decline” in the dictionary, Tuila’epa, should you need help to check the grammatical correctness) the voters, the judiciary and now ultimately the nation because he is unwilling to look past beyond his own seat in power and towards the better interests and future of this nation.

In doing so he has actively contrived to plunge this nation into a constitutional crisis and disparaged all the democratic institutions which our country must respect for it to function.

Remarkably, he has shown very little care for being seen plainly and for what he is in this whole national crisis: a stubborn and self-regarding roadblock to process.

In the past three months a stream of excuses have emanated from the caretaker Prime Minister’s mouth about who is to blame for our current constitutional predicament.

On Tuesday he was attempting to blame the courts for the nation’s prolonged political uncertainty; a favourite target of his; and another critical democratic institution.

“This whole process has been prolonged because they [Supreme Court] had added back ends to the decisions they have delivered after the elections,” he said.

“For instance, the decision they delivered on the ten per cent for women representation in Parliament.”

Well, that is simply not the case. The Prime Minister has tried to hide behind the claim that only until the question of female representation in the Parliament has been settled can it convene.

The courts have ruled twice now that there is no grounding in fact whatsoever for his statements.

But as his pronouncements have become increasingly divorced from reality and even ridiculous he has shown next to care.

All the while as his numbers on the floor of Parliament are dwindling. He is perhaps hoping that most voters don’t pay attention or care enough about politics to let him get away with this political double-dealing.

Ultimately Tuila’epa has shown that he does not conceive of Samoa as a democracy; he sees it as an island on which he and the HRPP are meant to rule.

That explains the extreme casualness with which he walked into his election defeat at the hands of the Fa’atuatua i le Atua Samoa ua Tasi (FAST) party – and his seeming inability to face up to the truth after.

But as a story on Tuesday’s front page made clear, the ability to accept defeat was a precondition of any functioning democracy (Samoa risks decline into dictatorship: Harvard professor).

This is certainly a serious democratic crisis, and the behavior of both the Prime Minister and the Head of State can certainly be deemed anti-democratic,” said Dr Steven Levitsky.

“It is essential in a democracy that losers accept defeat and not seek to remain in power via other means. What the HRPP has done is similar to Donald Trump’s reaction to defeat in the US, which has weakened US democracy.”

Luckily for America its democratic institutions were strong enough to withstand a coordinated attack on accepting its election, as the institutions and gatekeepers of that republic proved they could not be corrupted by political rants from a man who had just lost an election and, like that, had his power next to nearly instantly evaporate.

“Any time the incumbent party loses and refuses to accept defeat and seeks to remain in power by other means, democracy is in crisis,” the professor continued.

“That is Samoa today.”

But as he makes clear, Samoa is on the downward slide toward — but has not yet reached — the depths of political dictatorship.

“It may be too soon to call the PM a dictator and the regime a dictatorship. Samoa is still mid-crisis,” Dr Levitsky said.

“But if the PM and Head of State persist and are successful in thwarting this election, democracy will have been (at least temporarily) derailed.”

“It would be at that moment that Samoa will have slid into dictatorship, he said: “If the PM remains in power indefinitely despite losing an election, then I think you can say Samoa has slid into dictatorship.”

Indeed. The worrying thing for Samoa is that neither Tuilaepa, nor the various officials he has used as shields in his ongoing battle to frustrate court rulings, have shown the slightest inclination to avoid such a slide.

These are indeed dark days for Samoa. At nearly 60 years of age, we stand on the precipice of backsliding from our extraordinary achievement to have thrown off colonial shackles and become a successful democracy.

All that stands on the edge of being destroyed if the caretaker Prime Minister continues to act as if he cannot hear court rulings. Or if, as seems like an increasingly course of action, the Head of State convenes Parliament on August 2 and despite a FAST majority, rules that no government can be formed before sending the nation back to the polls.

That too, though it will involve a fresh election, will be a killer blow to our reputation as one of the world’s democracies: finding ways to throw out the people’s verdicts and starting again fresh with the hope of securing another is utterly undemocratic.

And voters could never trust that those in charge of the country will honour their wishes again.

The caretaker Prime Minister, a man fond of bombastic rhetoric, has shown little evidence that he has contemplated the shattering fact that the people of Samoa have voted and decided that no longer want him to run the country.

Until he comes to peace with that fact and realises that by acting as he has he imperils the future of this nation — not only for now but for generations — but also shows contempt for its history.

This Samoa Observer editorial, 14 July 2021, is republished with permission.

Article by AsiaPacificReport.nz

Samoa’s HRPP party — the country’s caretaker government — has now lost six seats since the April 9 general election, with eight byelections to come.

The incoming FAST Party government holds 26 seats to the HRPP’s 19.

FAST, which won the election but has been stymied in its efforts to assume power by the HRPP, continues to hold a majority of the 51 seats in the Parliament.

The caretaker government has lost six seats during the electoral petitions while a further two are to be contested again at the agreement of candidates.

Today, as the electoral petitions continue to come before the court, three HRPP candidates who had won their seats, agreed to resign, ahead of facing the judge, and so force byelections.

The HRPP’s Tuila’epa Sa’ilele Malielegaoi has been pushing for a new general election to solve the political impasse since he first prompted the crisis by refusing to step down.

Meanwhile, a Supreme Court hearing set to determine if Tuila’epa will face criminal contempt proceedings has been delayed.

Tuilaepa, the attorney-general, Parliament’s former speaker and its clerk were to appear for preventing Parliament from convening on May 24 as the court ordered.

The court is to probe the roles played by the four in defying the May 23 order that the 17th Parliament convene the next day and members be sworn in.

The contempt citation was brought by FAST, but its lawyers today sought a delay in proceedings.

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

Article by AsiaPacificReport.nz

The FAST Party in Samoa has filed an application with the Supreme Court to have it recognise an impromptu swearing-in ceremony of elected members of the new political party.

At the beginning of last week the court ruled the ceremony illegal as the Head of State was not present.

But it said Parliament must sit by this Monday or it could reconsider the previous swearing conducted in a tent in the parliament grounds after newly elected members were locked out of Parliament.

At the time the Fast Party leader Fiame Naomi Mata’afa described the open air ceremony on May 24 as a legal option, applying the principle of necessity, because all other avenues were blocked.

On Sunday night the Head of State went on television to defy the court ruling and push the convening of Parliament out by another month.

On Monday, the rival Human Rights Protection Party (HRPP) wrote to police to lay a complaint over the impromptu swearing in, saying they wanted it investigated as a potentially criminal event.

The police commander, Fuiavailili Egon Keil, has set up an investigating committee.

Chief Justice branded ‘incompetent’
The HRPP has labelled Chief Justice Satiu Simativa Perese as incompetent in an official complaint.

The complaint allegedly follows recent decisions by the Supreme Court where some acts of gift giving have been allowed as being culturally accepted.

The Samoa Observer reports the complaint was made in a letter from HRPP secretary Lealailepule Rimoni Aiafi to the Judicial Services Commission.

It said the Chief Justice appears to be incompetent in the handling of HRPP cases since the beginning of electoral petitions.

The letter added that his rulings did not appear to be in accordance with the law, basic legal principles and well established precedent.

It said Satiu was unlikely to be familiar with the express exclusion of fa’asamoa and giving money during the elections to voters.

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

Article by AsiaPacificReport.nz

How quickly things change.

If, as the old cliche goes, a week is a long time in politics then a month is an eternity.

As a story on the front page of the Weekend Observer revealed, the caretaker government is once again seeking to shape the outcome of judicial decision-making.

Caretaker Prime Minister Tuila’epa Dr Sa’ilele Malielegaoi and the Attorney-General, Savalenoa Mareva Betham-Savalenoa, have presented the Supreme Court with a motion requesting that certain judges not preside over a contempt of court motion filed against them.

The justices the pair are seeking to have removed via a recusal motion are the Chief Justice, Satiu Simativa Perese, Justice Vui Clarence Nelson and Justice Tafaoimalo Leilani Tuala-Warren (“Tuilaepa wants judges off contempt case”).

Saturday’s revelation is the latest in a long and complex string of attempts by the caretaker Prime Minister to influence the judicial branch of government in his favour. But is also reflective of a curious trend: that Tuila’epa’s hand-picked jurist has fallen out of the caretaker Prime Minister’s favour.

Efforts to influence and bombard the court have recently reached their peak as the nation undergoes a constitutional crisis over Parliament’s failure to convene after April’s national election.

But these attempts to make the court empathetic to the caretaker Prime Minister were in fact underway long ago. They date back to when Tuila’epa was searching for a Chief Justice to replace Patu Tiava’asu’e Falefatu Sapolu who resigned in April 2019.

That time feels like a different era: before the measles epidemic, the global covid-19 pandemic and our current constitutional crisis.

Tuila’epa took an unhurried approach to choosing a permanent replacement for Patu, the longest-serving Chief Justice in Samoan history, with nearly 27 years of judicial experience under his belt.

In fact, Tuilaepa openly admitted that he was taking a passive approach to selecting the appropriate candidate and waiting for divine inspiration to guide him to select the best candidate.

“I am still praying and once I acquire the whispers from God, then a decision will be made,” Tuilaepa said at the time.

“If it takes up to six months, that’s not a bad thing at all,”

In fact, it took much longer than that. Samoa was without a permanent Chief Justice for more than a year while the Prime Minister waited for that divine whisper.

He eventually settled on Justice Satiu who was sworn-in in June last year.

The Prime Minister did not disclose the contents of any whispers he may have received from on high to guide his choice.

But at his swearing-in ceremony, Tuila’epa defended the amount of time he took in selecting a replacement, again maintaining that Justice Satiu’s installment was guided from above.

“It takes time to seek God’s face and turn to the Bible for guidance. And these things take time and the whispers [from the Holy Spirit],” he said.

As it happens, Justice Satiu has been resolute in changing the direction of the court.

But it has not been in the way that the caretaker Prime Minister perhaps envisioned; he has proven to be more of a thorn in Tuila’epa’s side than a blessing.

Justice Satiu, born in Magiagi, is deeply rooted in Samoan tradition, but he has also been influenced by the principles of judicial independence taught at the universities he attended in New Zealand and America. This commitment has been shown in his rulings on a flurry of post-election legal petitions.

His Honour, has time and time again, shown his loyalty to the principle of judicial independence during a time of intense legal wrangling.

But in doing so, the Chief Justice has countered widely held expectations about how he would rule from the bench.

In an April statement, issued shortly after national elections which are the root cause of our current power crisis he issued a short statement outlining his simple judicial philosophy.

“We are in a state of uncertainty after the General Election, but I wish to reassure ourselves as a community, that the role of the Judiciary as the Independent Branch of Government is to do right by all manner of people, without fear or favour affection or ill will,” he said.

“As sworn members of the Judiciary, we uphold that Oath to the best of our abilities so to adhere to the Rule of Law.”

All jurists know to affirm their commitment to judicial independence; sticking to them in practice is a different question altogether.

It was widely assumed that because such a long time was taken to approve his selection, Justice Satiu would lean towards the constitutional interpretations of Tuila’epa and that of his Human Rights Protection Party (HRPP).

But much to the caretaker Prime Minister’s frustration, Justice Satiu has upset all expectations by remaining cool and composed throughout the current legal onslaught and applied the law completely straight.

Fiame Naomi Mata’afa, the leader of the Faatuatua i le Atua Samoa ua Tasi (FAST) party condemned his early release from quarantine in May as a political manoeuvre “so that he [could] sit in on the electoral petitions.”

That led to Tuila’epa to leap to his defence as a principled jurist, while he was attacking unnamed members in Samoa’s judiciary of being biased against him:

“It’s apparent from the criticism that the Chief Justice is an honest person,” he said on his programme on state-owned radio 2AP.

“[Fiame’s…] criticism is due to the fact [the Chief Justice] is independent.”

But now Tuila’epa is seeking to avoid having him preside over a trial in which he is involved. How quickly perceptions change.

Before the month of May was out and the FAST party held its own swearing-in ceremony on the lawns of a locked down Parliamentary precinct, the appraisal of the Chief Justice’s integrity has changed considerably.

The office of the government’s lawyer, the Attorney-General, maligned his integrity in a later retracted media statement claiming he had too often ruled in FAST’s favour and was even a “close relative” of Fiame’s.

He also drew criticism for walking to Parliament to try and open its doors on May 24 after being on a panel that determined Parliament had to sit on that day. (The doors had been locked on orders of the former Speaker Leaupepe Toleafoa Faafisi, who is himself facing a motion of contempt).

“The actions of the Chief Justice indicate that he may be in contempt of Parliament,” a statement from the Attorney-General’s office said.

But throughout this personal disparagement during our current constitutional crisis, Justice Satiu has maintained cool and composed and methodically applied the law and stayed true to his oath to protect and uphold Samoa’s constitution.

Perhaps His Honour Satiu Simativa Perese was indeed a gift from God — just not the kind that the caretaker Prime Minister was hoping to receive.

Article by AsiaPacificReport.nz

The electoral stalemate in Samoa finally looks set to be resolved with a Court of Appeal ruling on Friday paving the way for a Supreme Court hearing today.

Today’s hearing will determine whether the swearing-in ceremony held last month by the election-winning FAST party was legal.

The Supreme Court is due to sit at 10am local time with a decision due as early as 12:30pm.

The Appellate Court on Friday declared that the issue of a contentious sixth women’s electoral seat could not prevent the convening of Parliament.

The decision refutes the caretaker Human Rights Protection Party (HRPP) government’s claim that the extra seat must be appointed before Parliament could sit.

FAST leader and Prime Minister-elect Fiame Naomi Mata’afa said whatever the Supreme Court decision was today, her party would continue to push to have Parliament convened and for the operational budget to be urgently approved by the end of June deadline.

Fiame has written to the Head of State requesting the house sit on Tuesday.

Back to Parliament
“If it goes against us, all we’ll really need to do is to go back into Parliament and get sworn in and just continue to formulate the government based on our numbers.”

The FAST Party now has a 26-24 seat majority following the HRPP loss of Sagaga No.2 this month in an electoral petition.

Both candidates have been voided for corruption and a byelection is pending.

The Samoa Observer reports that the caretaker prime minister – and leader of HRPP – Tuila’epa Sa’ilele Malielegaoi – has scoffed at FAST’s call to convene Parliament following the Appellate Court decision.

Tuilaepa said at least FAST have had the Appeal Court’s decision explained to them and they now understand what it means.

At an evening of singing at HRPP headquarters on Saturday Tuilaepa said the court has clarified what the decision meant.

“And now they’re claiming they won and want Parliament to convene. There’s no decision like that,” the Observer quotes him as saying.

Tuilaepa maintains that Parliament cannot convene until all legal challenges are dealt with and until a sixth woman member has been chosen as per Section 44 of the Constitution.

Doubts over HRPP members
Meanwhile, the prime minister-elect is questioning the legitimacy of the HRPP MPs who were not sworn in by deadline.

The constitution requires Parliament to convene and members to be sworn in by the 45th day following an election.

None of the HRPP’s 24-member caucus have taken the oath for this term.

FAST leader Fiame said if today’s Supreme Court hearing ruled in favour of her party’s swearing-in, then it brought the status of the HRPP members into doubt.

“There is still a big question on what exactly is the legal status of the HRPP MPs because, you know, they weren’t sworn in within the period that is required. So, you know, that’s another question that’s going to be challenging us.”

Also in court this week the caretaker government and officials face accusations of contempt of court for their role in blocking the FAST party from being sworn in.

FAST says the lockout at Parliament was in defiance of a Supreme Court ruling that Parliament should convene.

In Australia, the Morrison government has called on Samoa’s two political parties to cooperate and convene Parliament, while the Pacific Islands Forum Secretary-General Henry Puna has told media he has been assured by leaders of both parties that they will respect the court’s decisions.

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

Article by AsiaPacificReport.nz