As the focus of Samoa’s political crisis shifts to the courtrooms of our Supreme and District Courts, and with Monday, 24 May 2021, going down in the history books as a tale of alternate realities, we are left wondering if there is something missing.

Wherever you stand and whoever you support, surely there can be some common ground to be found among all Samoans, in the simple question of – where is the Head of State?

The Head of State, Tuimalealiifano Vaaletoa Sualauvi II, has for all intents and purposes, gone AWOL.

The country has not heard from His Highness since the weekend, when issuing his Saturday night proclamation to suspend his Friday afternoon proclamation for Parliament to convene on Monday morning.

A promise to provide reasons for suspending the Friday proclamation was made, but four days later and the country is still waiting for answers as we uncoil ourselves from fetal positioning, after Monday’s events.

For the uninitiated: an ad-hoc Parliament was convened under a marquee outside Samoa’s hallowed Maota Fono. This was due to the fact that the doors of the Maota were locked and the Clerk of the Legislative Assembly’s refusal to adhere to a Supreme Court ruling.

The Head of State and the Clerk of the Legislative Assembly and staff were not in attendance for the late afternoon sitting of Parliament. Also conspicuously absent were the 25 elected MPs from the Human Rights Protection Party (HRPP), including their leader and caretaker Prime Minister Tuila’epa Sa’ilele Malielegaoi.

That the HRPP was not in attendance came as no surprise, because Tuila’epa had made it clear that they would not be attending.

That they would stoop to such levels to stop the convening of the 17th Parliament is reprehensible, but frankly, unsurprising.

Tuilaepa’s reach is long, and the Head of State’s absence from Monday’s convening, shows just how long.

So the majority of Parliament’s elected members (26) – all from Faatuatua i le Atua Samoa ua Tasi (FAST) – went ahead with their own swearing-in ceremony, swore their oaths and signed in as legislators of the 17th Parliament using collapsible tables, stackable plastic chairs and Chinese mats.

It was a woeful sight; and yet perfectly emblematic of what Samoa’s democracy has been reduced to.

OPINION: The Head of State’s previous edicts to delay Parliament denied 26 constituencies their right to see their elected members sworn-in and seated in our Maota Fono on Monday. It has added to the destructive trail on our already battered Constitution. https://t.co/mhUMY3XaBI

— Samoa Observer (@samoaobserver) May 25, 2021

The Head of State’s absence from that watershed Parliament sitting on Monday may perhaps debunk any wholesale belief that his role is merely in title alone.

We say this because only he could have changed the course of Monday’s events, had he shown up and flouted the HRPP leader’s declaration that there would be no convening of Parliament.

By following his own Friday afternoon proclamation and allowing the 17th Parliament to convene, and by conducting the swearing-in of new members of the Legislative Assembly inside the Maota Fono, His Highness could have set our current political path back to where it should be.

And that is with the installation of our next government, which would have been FAST-led.

Whatever else that was set to come, such as petitions, would see their day in court and the outcome could have been dealt with accordingly.

Considering the significant number of election petitions filed with the courts, the final lineup of government could have changed over time.

Well, that was what we believe should have happened.

Whether that fits with a caretaker government’s timeline or party politics is irrelevant. That is what is enshrined in our constitution and the process we have always followed.

Stepping back and allowing another party to take the wheel, as the courts make their way through the petitions, may not be a desirable outcome for the HRPP, but that’s not their call to make.

How is it that a political party can stop the swearing in of another political party? The answer is they can’t.

Government is involved, to be sure, as we saw with the non-attendance of the Clerk of the Legislative Assembly, the locking of the Assembly doors and of course – the missing Head of State.

His absence has added to the destructive trail on our already battered constitution.

The Head of State’s previous edicts to delay Parliament denied 26 constituencies their right to see their elected members sworn-in and seated in our Maota Fono on Monday.

His absence leaves us with the caretaker government at the helm, refusing to step away; led by the caretaker Prime Minister, who appears to move seamlessly between his role as caretaker PM and HRPP party leader, as he continues to fulfill the duties of both, often simultaneously.

His absence leaves us with a Prime Minister-elect, Fiame Naomi Mata’afa, who was sworn-in under unprecedented circumstances.

What could have been a simple timeline moving from general elections to the swearing in of our complete Legislative Assembly has veered off in to uncharted territory.

We are now in the ugly position of having two parties claiming to be government.

Our supreme law is there to guide us in these times, and so our beacon of hope remains with the judiciary.

Any questions requiring the interpretation of law should never be left to the court of public opinion nor in the hands of politicians, because that is not their purview.

No one person should ever be judge, jury and executioner. This is pertinent when considering the current actions of the caretaker leader, who has levelled serious accusations at his political opponents and the judiciary.

The separation of these powers is what makes a democracy, and keeps everyone accountable.

When you attempt to circumvent that path by altering an electoral timeline that has been tried and true over previous elections and by undermining the integrity of the judiciary and denying elected Members of Parliament from being sworn in as others have been sworn for decades, we have to ask if there is something amiss in the house of HRPP. Or are all members of the party as complicit as their leader?

The sitting of our new Parliament, and adherence to the electoral process where petitions would ultimately decide the final makeup of seats in the Assembly should have been the path we follow.

The Samoa Observer editorial of 26 May 2021. Republished with permission.

Article by AsiaPacificReport.nz

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

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

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

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

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

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

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

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

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

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

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

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

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

— Samoa Observer (@samoaobserver) May 24, 2021

His words have been translated.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Timeline of events leading to Samoa’s political crisis

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

Article by AsiaPacificReport.nz

Samoa’s Head of State has agreed to convene Parliament in order to swear in the members elected in April’s general election after weeks of political deadlock.

Leaders of the majority FAST party – which won 26 of 51 seats – met with Tuimaleali’ifano Va’aleto’a Sualauvi II today to request that Parliament be called on Friday.

FAST has advised the Head of State of their majority, and the party’s intention to form a government once Parliament meets.

The caretaker Human Rights Protection Party (HRPP) government that has been in power for four decades is attempting to delay Parliament, claiming electoral legal challenges need to be settled first.

However, FAST leader Fiame Naomi Mata’afa said the Head of State had agreed to convene Parliament, although he has yet to confirm a date.

Fiame acknowledged Tuimaleali’ifano’s critical role in calling Parliament together, which would then allow elected representatives to get on with their roles to govern.

The HRPP is challenging a Supreme Court ruling issued on Monday which has opened the way for FAST to form a government.

This challenge will be heard tomorrow.

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

Article by AsiaPacificReport.nz