Samoa’s electoral commissioner Toleafoa Tuiafelolo Alexander Stanley told the media the official count kicks off on Monday then next Friday is when official results are expected.

The election, described as the most unpredictable in Samoa’s history, had no clear favourite going in given the governing party had split into two factions, leading to the collapse of caretaker Prime Minister Fiame Naomi Mata’afa’s minority government.

Unofficial results showed Fiame’s former FAST Party in the lead and HRPP not far behind as of last night.

Preliminary election results are still trickling in for Samoa’s snap election.

Fiame’s newly established SUP Party was trailing behind both.

Electoral Commissioner’s update
Results will only be made official when the Head of State issues the writ.

Prepolling and special votes will be counted today.

Voter turnout was not able to be determined as of last night.

There were more than 100,000 eligible voters expected to take part in election 2025.

Toleafoa said counting was done manually.

A mini server has been used to resolve issues that cropped up in the last election.

“O Le fa’aogaga o Le channel, ma Le mea lea e Ta’u o Le Mac box it’s really a mini server o Le solution lea ga fai lea e sao ai faafikauli lea ga Kupu I Le paloka 2021 e le’i iai se Mac box, faamoemoe ā I numbers foi ga le, ga faamoemoe I le kalagoa ai,” Toleafoa told the media late last night.

His words have been translated: “The use of the channel and this thing called Mac box it’s really mini server for the solution from what happened in 2021 there was no Mac box we relied on numbers manually to communicate”.

“No one can vote twice. For example, if someone voted in one constituency and then went to another the service would pick it up and flag it.

“That is why it will take a week [next week] to fully count,” Toleafoa said.

Voting is compulsory in Samoa and the Electoral Commission has said people in line at close of polling were allowed to vote.

However, they had warned anyone registered to vote who did not cast their ballot would face penalties.

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

Article by AsiaPacificReport.nz

A total of 187 candidates will contest 50 seats in Parliament, representing six political parties and 46 independents. The governing FAST Party leads the field with 58 candidates, followed closely by the HRPP with 50.

Caretaker Prime Minister Fiame Naomi Mata’afa’s Samoa United Party has 26 candidates, while the Samoa Labour Party has five.

The Electoral Office says over 400 polling stations have been set up, and some 1300 polling officials and around 500 police officers are on duty to maintain order.

On the eve of voting, the villages were calm, with councils gathering for evening prayers to pray for election day.

The RNZ Pacific team on the ground spoke to voters who cast their votes this morning.

Some expressed happiness at being able to exercise their right to vote, while others were quite patriotic and said they prayed for God to bless the election.

One voter said they just wanted the election to be over.

Polling closes at 3pm local time (2pm NZT).

Meanwhile, the first seat has been declared after early voting ended on Wednesday.

The Office of the Electoral Commission announced Leatinuu Wayne So’oialo as the holder of the Faleata 2 seat.

This is following an earlier Supreme Court decision to disqualify the other nominated candidates due to ineligibility, meaning the electoral constituancy of Faleata 2 is being marked as uncontested.

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

Article by AsiaPacificReport.nz

Its official. Samoa’s Parliament will be dissolved next week and the country will have an early return to the polls.

The confirmation comes after a dramatic day in Parliament on Tuesday, which saw the government’s budget voted down at its first reading.

In a live address today, Prime Minister Fiame Naomi Mata’afa confirmed the dissolution of Parliament.

“Upon the adjournment of Parliament yesterday, I met with the Head of State and tendered my advice to dissolve Parliament,” she said.

Fiame said that advice was accepted, and the Head of State has confirmed that the official dissolution of Parliament will take place on Tuesday, June 3.

According to Samoa’s constitution, an election must be held within three months of parliament being dissolved.

Fiame reassured the public that constitutional arrangements are in place to ensure the elections are held lawfully and smoothly.

Caretaker mode
In the meantime, she said the government would operate in caretaker mode with oversight on public expenditure.

“There are constitutional provisions governing the use of public funds by a caretaker government,” she said.

“Priority will be given to ensuring that the machinery of government continues to function.”

She also took a moment to thank the public for their prayers and support during this time.

Despite the political instability, Fiame said Samoa’s 63rd Independence Day celebrations would proceed as planned.

The official programme begins with a Thanksgiving Service on Sunday, June 1, at 6pm at Muliwai Cathedral.

This will be followed by a flag-raising ceremony on Monday, June 2, in front of the Government Building at Eleele Fou.

The dissolution of Parliament brings to an end months of political instability which began in January.

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

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

A View from Afar: In the first half of this week’s podcast Selwyn Manning and Paul Buchanan will be joined by Dr David Robie to examine instability in the Pacific’s Polynesian region – specifically to identify what’s going on in: New Caledonia, Fiji, Samoa. In the second half, Buchanan and Manning analyse the latest on Afghanistan.

Specifically the first half of this episode will look at:

• New Caledonia where there’s the third and final referendum on Kanaky independence;
• In Samoa there’s a new government but only after the old guard attempted to resist democratic change, a move that caused a constitutional crisis; and
• Fiji, to add to its Prime Minister Frank Bainimarama’s politics headache, is the question of how Fiji gets its NGO and aid workers out of Afghanistan.

THEN, in the second half of this episode Paul Buchanan and I will dig deep into the latest from Afghanistan. The deadline for western personnel to have withdrawn from Afghanistan is looming. The Taliban leadership states it will not extend the negotiated deadline of August 31, and United States president Joe Biden insists the US will not request nor assert an extension.

• But what does this humiliating withdrawal indicate to the world?
• Is this the realisation of a diminishing United States, a superpower in decline?
• Can the US reassert itself as the world’s Police, or does Afghanistan confirm the US is in retreat and signal an end of liberal internationalism?

WE INVITE YOU TO PARTICIPATE WHILE WE ARE LIVE WITH COMMENTS AND QUESTIONS IN THE RECORDING OF THIS PODCAST:

You can comment on this debate by clicking on one of these social media channels and interacting in the social media’s comment area. Here are the links:

• Facebook.com/selwyn.manning
• Youtube
• Twitter.com/Selwyn_Manning

If you miss the LIVE Episode, you can see it as video-on-demand, and earlier episodes too, by checking out EveningReport.nz or, subscribe to the Evening Report podcast here.

The MIL Network’s podcast A View from Afar was Nominated as a Top  Defence Security Podcast by Threat.Technology – a London-based cyber security news publication.

Threat.Technology placed A View from Afar at 9th in its 20 Best Defence Security Podcasts of 2021 category. You can follow A View from Afar via our affiliate syndicators.

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

The New Zealand government says it has full confidence Samoa’s new government and its judiciary will continue to act with integrity.

This comes after former prime minister, Tuila’epa Sa’ilele Malielegaoi, claimed that the recent actions of the judiciary had “shattered” the constitution and the law of the jungle now applied.

Tuila’epa claimed the rulings by the Court of Appeal, which last month confirmed FAST as the legitimately elected government, had destabilised the country.

He castigated New Zealand and Australia for not speaking out in support of his position.

But, in a statement, the Foreign Minister Nanaia Mahuta reiterated New Zealand’s backing for the new government of Fiame Naomi Mata’afa as the legitimate government of Samoa.

She said New Zealand’s recognition of the FAST government was swift and unequivocal, and that New Zealand had faith in the judicial and law enforcement systems to act appropriately, as they have done since the election on April 9.

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

Article by AsiaPacificReport.nz

Veteran Samoan parliamentarian and chairman of the Fa’atuatua i le Atua Samoa ua Tasi (FAST) has criticised what he characterises as the “extreme” and “defamatory” behaviour of the former Prime Minister of Samoa since losing government.

Speaking during his programme Ia Ao Samoa yesterday, La’auli Leuatea Schmidt said he was “appalled” by the actions of Tuila’epa Dr Sa’ilele Malielegaoi and his party, especially their “unfounded accusations” towards Samoa’s Chief Justice.

Tuila’epa and the Human Rights Protection Party (HRPP) have so far staged two separate “peaceful protests” to protest what they claim to be the “disintegration” of the Constitution.

Hundreds of people were seen marching in unison, singing together with posters held up in the air.

Some messages were directed explicitly at Satiu Simativa Perese, asking him to step down from the role of Chief Justice.

The Minister of Agriculture and Fisheries believes that Tuila’epa and his party have “gone too far” with their actions.

‘Whole new level’
“I have seen that the level of criticism from them (HRPP) has been upgraded. It has gone up to a whole new level and it’s disappointing [to see],” said La’auli.

“They used to sit here while we were on the other side.

“[And] back then they have been accusing us of so many things, yet we have never gone up to this level.

“This is extreme…what we are seeing right now, their actions and the things they have said is extreme.”

In saying that, La’auli said they are well-aware of all the accusations made by Tuila’epa and his party so far.

However, he flatly denied the claims from the Opposition Leader.

“The comments and remarks they have made are not only impolite, rude, unfounded but also have gone without barriers,” he said.

“I mean, we (FAST) have got used to the way he communicates and the blaming game from him [Tuilaepa].

‘Brainwashed our people’
“But what is sad to see is that they have manipulated and brainwashed our people and exploited our people to achieve their agenda. It’s disappointing to see.”

La’auli believes that the actions from the opposition side of government are causing “unnecessary hatred” among Samoans.

“The level of defamatory remarks has gone above and beyond, without barriers. They’ve made accusations so many times before to ruin the name of our leader, our party, and myself,” he said.

“But now, they are targeting the judiciary.

“I’m appalled at the things they have come up, with especially what they have said.

“It’s sad to see it coming from people who used to lead the country and from someone who was the Prime Minister.

“But I guess they don’t care anymore and have gone as far as trying to destroy the constitution and the judiciary. They have cursed our judiciary and have come up with all those baseless accusations towards the one pillar we are relying on to keep the peace within the country

‘Extraordinary defamation’
“The level of defamation is extraordinary.

“But the question is, who are they to question the work done by the panel of judges in Samoa?

“Were they appointed under the Constitution to question the work of our judges? Are they liable under the constitution to question the roles of judges? Is that their job? I don’t think so.

“Samoa’s highest courts have delivered their decision, so I do not understand why they are still questioning that.

“It seems like they are trying to imply that they are superior and that they are smarter than our judges.”

La’auli said the opposition side has been doing nothing but “wrong moves” since they stepped down.

Moreover, La’auli said, he had already tasked an “investigative team” to look into all the accusations made by the opposition leader and members towards the Chief Justice, judiciary and the FAST government.

‘Criticism has skyrocketed’
“Because the level of criticism has skyrocketed, we need to do something. Therefore, I had already called on our investigation team and asked them to go out and gather all the claims and accusations made by them and bring them all in.

“We will deal with all the unfounded accusations later on.

“At the moment we need to bring and gather them all in, and while we don’t want to waste our time to go and face them (HRPP) there will come a time where we will take all of them to court, that’s the best way to deal with this.

“We will leave it in the good hands of our police and judiciary.

“If they (HRPP) have the guts to break the law then they should also be bold and ready to stand before the court.

“They (HRPP) have exploited our people to achieve their goals.”

‘Tarnishing Samoa’s Constitution’
La’auli accused Tuila’epa of “tarnishing Samoa’s Constitution”.

“How can he accuse other people of destroying the Constitution when it has been greatly damaged under his leadership.,” he asked.

“You only need to look at all the amendments he made over the years, only to destroy and amend them again if it doesn’t work the way he expects it to work.

“So to say that we and the Chief Justice have destroyed our Constitutions is ironic. Because that’s exactly what he has been doing.

“The amendments made under his leadership and under his orders have not only tarnished our Constitution, but also the good work and sacrifice of our forefathers.”

Sialai Sarafina Sanerivi is a Samoa Observer journalist. 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

After previous calls for the Samoan Parliament to convene so a national budget can be passed, the ruling FAST Party now says there is no real need to rush to convene Parliament.

Prime Minister Fiame Naomi Mata’afa said last Saturday that Parliament would meet “in the first opportunity” this week to pass a budget.

The Samoa Observer reports Prime Minister Fiame Naomi Mata’afa as saying cabinet needs more time to screen and review the financial arrangements used by the former government of Tuilaepa Sailele Malielegaoi and his Human Rights Protection Party (HRPP).

The Ministry of Finance was instructed to prepare a budget using an article that allows 25 percent of the previous budget to operate until a full budget is prepared for Parliament to pass.

The Tuilaepa government had been using this provision since the 2020/2021 budget ended on 30 June which amounts to about 220 million tālā.

According to Fiame, wiith 25 percent, there is a figure, but there is a lack of supporting details even though the processes seemed to be followed for payments under the Emergency Budget.

She explained that the Ministry of Finance wanted cabinet to use the budget they have prepared and announced by the caretaker prime minister last month.

“We still want our own Budget to deliver what the FAST Party has in place in its manifesto,” said Fiamē.

Fiame said Parliament would likely meet in September.

Meanwhile, a FAST spokesperson says the legitimacy of the HRPP candidates who were not sworn-in within the required 45 days is still being determined as it has never happened before.

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

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