They say the march toward authoritarian rule begins with one simple act: taking control of the narrative and silencing the independent press. Yesterday, Samoa witnessed a step in that direction.

Prime Minister Laaulialemalietoa Leuatea Schmidt, elected by the people to serve them, has already moved to weaken one of democracy’s most essential pillars.

With barely seven full days in office, he directed his power at the Samoa Observer, the very institution tasked with holding leaders like him to account.

• READ MORE: Samoan PM bans nation’s only newspaper from government access
• JAWS quiet on ban, concerned over media control
• The PM’s wish and our promise – Samoa Observer editorial
• Samoan PM back home as journalist alleges assault outside his residence
• Other Samoa politics reports

The Prime Minister accused this newspaper of misleading and inaccurate reporting, of disrespect and of having “no boundaries.” He went further by invoking the name of Sano Malifa, founder and owner of the Samoa Observer, suggesting that the paper had strayed from its mission, a statement he’s made countless times.

So let us clear the air.

Does the Prime Minister remember Sano Malifa’s reporting when, as Deputy Speaker, he gave a second hand car from his dealership to then Speaker of the House, Tolofuaivalelei Falemoe Leiʻataua, without cabinet approval?

It was Sano Malifa who wrote extensively about the matter and helped ensure the vehicle was returned when questions were raised about improper dealings.

Does he remember the concrete wall fence he attempted to build stretching toward Parliament, a plan never sanctioned by cabinet?

Does he remember calling the Samoa Observer before the 2021 general elections seeking permission to erect FAST party tents outside its offices and being refused, because this newspaper does not trade favours for political convenience?

Does he forget that Sano Malifa stood alone to question the one party rule of the HRPP, a party he joined and one his father served in, while most of the country remained silent because they felt they could not speak?

Does he forget that the Sano Malifa he now quotes would never permit any leader to run the country unchecked?

Let this be understood. Sano Malifa’s vision remains fully intact. It demands scrutiny of whoever occupies the Prime Minister’s chair, even if that chair is fake. It demands accountability, regardless of who holds power.

It is intact in the way this newspaper was the only media organisation to question the Prime Minister’s meetings with foreign leaders while he sat on his famous chair, despite the warnings of his own advisers.

It is intact in ensuring the public knew their new leader had been quietly flown out on a private plane for medical treatment, while sick patients in an overcrowded and underfunded hospital struggled without food because of unpaid wages for kitchen staff, even as its minister announced plans for a new hospital.

It is intact in the story of a father whose pleas for justice went unanswered after his son was badly beaten and fell into a coma, until the Samoa Observer published his account and police were finally forced to act.

It is intact in the simple reporting of rubbish piling up near homes, which was cleared by the government the very next morning.

It is intact even when Sano Malifa’s own village and family appeared on the front page during a dispute, because he believed in accountability for all, including himself.

So why would the Prime Minister believe he is entitled to special treatment?

As the elected Prime Minister, whose salary, car and expenses are paid for by the public through their hard earned taxes, he should know that the media’s fundamental role is to keep him honest.

If the Prime Minister is truly concerned about the vision of journalists, he need only look at those closest to him. A JAWS executive, Angie Kronfield, publicly declared she wished the Observer editor’s face had been disfigured during the assault carried out by the Prime Minister’s own security guards.

Better still, her husband, Apulu Lance Pulu, a long-time journalist and owner of Talamua Media, was charged alongside the Prime Minister and later convicted of fraud in a 2020 court case. Yet he now seems to enjoy the Prime Minister’s favour as a preferred media voice. Let that sink in.

So if the Prime Minister wants proof of a failed vision, he need not search far.

Lastly, the Prime Minister’s other claim that an outsider writes for this newspaper is a fiction of his own making.

The Samoa Observer remains under the same ownership, grounded in nearly 50 years of service to the public. And since he has made his wish clear that this newspaper is no longer welcome at his press conferences or those of his ministers, let us state this without hesitation. The same people stand behind this newspaper, and our promise to our readers has never wavered.

The Samoa Observer editorial published on 18 November 2025.

A former New Zealand politician says there is a sense of relief in Samoa following snap general election day.

Aupito William Sio is in Samoa to vote and support the communities he has responsibilities for as a chief.

Aupito, the Pacific General Assembly Council of Chiefs chair, told RNZ Pacific, from a busy cafe in Samoa yesterday morning, he felt as if a weight had been lifted off.

• READ MORE: Other Samoan general election reports

“Thank goodness it’s over. For a while, the general public, outside of the Apia township, just felt like we can’t wait to cast our vote and make the decision for these politicians,” he said.

“There was a sense of fatigue throughout the campaigning period, but now I think there’s huge relief.”

Finally, the people have spoken and a decision has been made, Aupito added.

Doing the maths
Preliminary election results show Laʻauli Leuatea Schmidt’s FAST Party in the lead and Tuilaepa Saʻilele Malielegaoi’s HRPP trailing behind.

FAST is the same party that won last time with Fiamē Naomi Mataʻafa at the helm.

Now, Fiamē heads the new SUP party and Laʻauli is FAST’s leader.

While the preliminary results provide a “good indication,” Aupito said there are still special votes to be added and women candidates to be considered.

Preliminary results from Friday night show FAST on 30, HRPP with 14, SUP had three and IND sat at four as of midday Saturday.

Last election was much tighter but for now, FAST is on track to win by a solid margin.

With the gap between the winner and those who have lost according to unofficial results significant, Aupito thinks there is a good indication as to the outcome.

Quota system for women
Samoa also has a quota system for women. They must have a minimum of six women in Parliament.

“So, if two women MPs have made this round. It’s likely that four women candidates who did not win in their seats but who still had the highest votes would be added on to the 51 seats,” Aupito said

The women’s seats will not be considered until all court challenges are settled, the election office said.

Traditionally, there have been challenges from losing candidates, who might challenge the winning candidates for something that may have occurred that is not in alignment with the laws during the campaign period.

There is a rule though in Samoa where the losing candidate cannot challenge the vote in court unless they have 50 percent of the winning vote, Aupito explained.

“I am hopeful that the rest of the politicians would see that the people have spoken,” Aupito said.

“The preliminary results give you a clear indication that FAST won the popular vote, and perhaps just to allow them to go through, set themselves up as the new government, while these minor challenges might occur behind the scenes, but very rarely have we seen any significant changes after the preliminary results.”

What next?
Official results will be tallied from Monday with an announcement expected next Friday, Samoa’s electoral commissioner Toleafoa Tuiafelolo Alexander Stanley told the media on Friday evening.

“Everything ran smoothly today [Friday], there weren’t any issues apart from one,” Toleafoa explained.

People were transporting voters which was not allowed, so the matter had been referred to the police, he said.

Leadership transition
Aupito described how a transition of leadership began back in 2021. The HRPP had been in government for 40 plus years.

“In fact, the prime minister had been the prime minister for 23 years, and now he has continued to remain as the leader of the HRPP and has kept HRPP relevant in the hearts and minds of the population,” he said.

Even in the strength of being a senior politician, was also seen as a weakness as a transitional generational shift began back in 2021.

For the first time ever, ordinary Samoan citizens in the villages made a big statement about what their expectations about leadership were.

“Clearly, they’ve spoken loud and clear,” Aupito said.

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

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.

• READ MORE: Other Samoan general election reports

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.

COMMENTARY: By Asofou So’o

Although seven political parties have officially registered to contest Samoa’s general election this Friday, three have been politically visible through their campaign activities and are likely to share among them the biggest slice of the Parliament’s 51 seats.

The question on everyone’s lips is: which one of them will win enough seats to form the next government without the assistance of possible coalition partners?

The three main political parties are the Human Rights Protection Party (HRPP), the Fa’atuatua i le Atua Samoa ua Tasi (FAST) party and Sāmoa United Party (SUP), under the leadership of Tuila’epa Sa’ilele Malielegaoi (Tuila’epa), La’aulialemalietoa Leuatea Polata’ivao Schmidt (La’auli) and Fiamē Naomi Mata’afa (Fiamē) respectively.

• READ MORE: Other Samoan general election reports

La’auli and Fiamē were both long-serving members of the HRPP until their defection from that party when Tuila’epa was prime minister to form the FAST party before the last general election in April 2021.

Fiamē and La’auli became the leader and president of the FAST party respectively while Tuila’epa continued his parliamentary career as the leader of the opposition following the election.

A falling-out between La’auli and Fiamē in January 2025 resulted in the break-up of the FAST into two factions with Fiamē and the 14 ministers of cabinet of her caretaker government establishing the SUP following the official dissolution of Parliament on June 3.

La’auli, now leader of the FAST party, has retained the support of the remaining 19 FAST members of Parliament.

First to publicise manifesto
HRPP was the first political party to publicise its campaign manifesto, launched on June 23. Its promises include:

• a $500 cash grant per year for every family member;
• tax cuts; expansion of hospital services;
• a new bridge between Upolu and Savai’i Islands;
• disability benefit enhancements;
• a $1000 one-off payment at the time of birth to help families cover essential costs for newborn babies;
• an additional $1,000 one-off payment upon completion of infant vaccinations (Hexa-B and MMR-2) at 15 months; and
• zero-rating of Value Added Goods and Services Tax (VAGST) on essential food items.

The FAST party’s manifesto, launched on July 12, reflects a strong focus on social welfare and economic revitalisation. It promises:

• free public hospital services;
• monthly allowances for pregnant women and young children;
• cash top-ups for families earning under $20,000 per annum;
• an increase in the retirement age from 55 to 65;
• VAGST exemptions on essential goods;
• development of a $1.5 billion carbon credit market;
• establishment of a national stock exchange; injection of $300 million into Sāmoa Airways; and
• the expansion of renewable energy and district development funding.

FAST’s signature campaign promise in the last general election was giving each electoral constituency one million tala for them to use however they wanted. That amount will increase to two million tala this time around.

Officially registered on 30 May 2025 and launched on June 5, the SUP launched its campaign manifesto on July 15. It promises:

• free education and hospital care;
• disability allowances and increased Accident Compensation Act payouts;
• land restitution to villages;
• pension increases; and
• expanded services for outer islands that were not reached during Fiame’s premiership — all with a focus on restoring public trust in government.

‘People first’ party
SUP is promoting itself as a people-first party focused on continuity and ongoing reform.

The three main parties are following the practice established by the FAST party in the last general elections in 2021 where all party election candidates and their supporters tour the island group to meet with constituencies and publicise their manifestos.

As part of this process, the HRPP has been branding various FAST claims from last general election as disinformation.

It had been claimed, for example, that the HRPP was moving to cede ownership of Samoan customary land to Chinese people, that the HRPP presided over a huge government deficit and that, as Prime Minister, Tuila’epa was using public funds to send his children overseas on government scholarships.

At the HRPP rallies, Tuila’epa did not mince words in labelling La’auli a persistent liar, asserting that La’auli had been involved in several questionable and unauthorised dealings during the three-year life of the last FAST government, and that La’auli alone was responsible for the break-up of the FAST party when he refused to step down from cabinet following the Ministry of Police’s lawsuit against him in relation to the death of a young man on the eve of FAST general election victory in 2021.

Fiamē, equally, blames La’auli for the unsuccessful completion of the FAST government’s parliamentary term when he refused to step down from cabinet following the Ministry of Police’s lawsuit against him.

Convened caucus meeting
After refusing to step down, La’auli convened a FAST party caucus meeting at which a resolution was passed to terminate the party membership of Fiamē and four other ministers of her cabinet. The split between Fiamē and La’auli culminated in the defeat of Fiamē’s budget and the abrupt dissolution of Parliament.

HRPP said at their rallies that, should they win government, they would pass a law to prohibit roadshows as they do not want “outsiders” influencing constituencies’ voting preferences.

Furthermore, these road shows are costly in terms of resources and time, and are socially divisive.

Instead, they prefer the traditional method of choosing members of Parliament where political parties restrict themselves to compiling manifestos, leaving constituencies to choose their own preferred representatives in Parliament.

Given that the HRPP was the first political party to publicise its manifesto, they probably have a valid point in suggesting that other political parties, in particular the FAST party and SUP, have not come up with original ideas and have instead replicated or added to what the HRPP has taken some time to put together in its manifesto.

Given the political visibility achieved by the HRPP, FAST and SUP through their campaign road shows and their full use of the media, it is to be expected that collectively they will win the most seats.

Furthermore, owing to the FAST party’s turbulent history, HRPP is probably the front-runner, followed by FAST, then SUP. It is unlikely that the smaller parties will win any seats; likewise the independents.

Enough seats main question
The main question is whether HRPP will have enough seats to form a new government in its own right. Coalition government does not seem to work in Samoa’s political landscape.

The SNDP/CDP coalition in the 1985-1988 government and the last FAST quasi-coalition government of 2021-2025 (FAST depended on the support of an independent as well as pre-election alliances with other parties to form government) all saw governments fail to deliver on their election manifestos and provide needed public services.

Perhaps a larger question is how the three parties might fund their extravagant campaign promises.

The HRPP leadership is confident it will be able to deliver on the main promises in its manifesto — compiled and costed by the HRPP Campaign Committee, consisting of former Government ministries and corporations CEOs (Finance, Custom and Inland Revenue, National Provident Fund, Electoral Commissioner, President of the Land and Titles) and a former senior employee of the Attorney-General’s Office — within 100 days of assuming government.

The other two main parties, FAST and SUP, are equally confident.

The public will have to wait and see whether the campaign promises of their preferred party will be realised. Right now, they are more interested in whether their preferred party will get across the line.

Dr Asofou So’o was the founding professor of Samoan studies at the National University of Samoa from 2004 before being appointed as vice-chancellor and president of the university from 2009 to 2019. He is currently working as a consultant. This article was first published by ANU’s Development Blog and is republished under a Creative Commons licence.

Samoa’s Parliament has been formally dissolved, and an early election is set to take place within three months.

After months of political instability and two motions of no confidence, Prime Minister Fiāme Naomi Mata’afa said she would call for the dissolution of Parliament if cabinet did not support her government’s budget.

MPs from both the opposition Human Rights Protection Party and Fiāme’s former FAST party joined forces to defeat the budget with the final vote coming in 34 against, 16 in support and 2 abstentions.

• READ MORE: Samoa parliament to be dissolved in June, election date to come
• Other Samoa reports

Fiāme went to the Head of State and advised him to dissolve Parliament, and her advice was accepted.

This all came from a period of political turmoil that kicked off shortly after New Year.

A split in the FAST Party in January saw Fiāme remove FAST Party chairman La’auli Leuatea Schmidt and several FAST ministers from her cabinet.

In turn, he ejected her from FAST, leaving her leading a minority government.

Minority government defeated
Earlier this year, over a two-week period, Fiāme and her minority government defeated two back-to-back leadership challenges.

On February 25, with La’auli’s help, she defeated a no-confidence vote moved by Tuilaepa Sailele Malielegaoi, 34 votes to 15.

Then on March 6, this time with Tuilaepa’s help, she defeated a challenge mounted by La’auli, 32 votes to 19.

Parliament now enters caretaker mode, until the election and the formation of a new government.

Samoa’s Electoral Commissioner said his office has filed an affidavit to the Supreme Court, seeking legal direction and extra time to complete the electoral roll ahead of an early election.

A hearing on this is set to be held on Wednesday.

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

Prime Minister Fiamē Naomi Mata’afa has advised Samoa’s head of state that it is necessary to dissolve Parliament so the country can move to an election.

This follows the bill for the budget not getting enough support for a first reading on yesterday, and Fiame announcing she would therefore seek an early election.

Tuimaleali’ifano Va’aleto’a Sualauvi II has accepted Fiame’s advice and a formal notice will be duly gazetted to confirm the dissolution of the Legislative Assembly.

• READ MORE: Other Samoan reports

Parliament will go into caretaker mode, and the Cabinet will have the general direction and control of the existing government until the first session of the Legislative Assembly following dissolution.

Fiame, who has led a minority government since being ousted from her former FAST party in January, finally conceded defeat on the floor of Parliament yesterday morning after her government’s 2025 Budget was voted down.

MPs from both the opposition Human Rights Protection Party and Fiame’s former FAST party joined forces to defeat the budget with the final vote coming in 34 against, 16 in support and two abstentions.

Defeated motions
Tuesday was the Samoan Parliament’s first sitting since back-to-back no-confidence motions were moved — unsuccessfully — against prime minister Fiame.

In January, Fiame removed her FAST Party chairman La’auli Leuatea Schmidt and several FAST ministers from her Cabinet.

In turn, La’auli ejected her from the FAST Party, leaving her leading a minority government.

Her former party had been pushing for an early election, including via legal action.

The election is set to be held within three months.

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

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.

• READ MORE: Other Samoan crisis reports

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.

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.

• READ MORE: Samoa’s political future hangs in balance with Fiame leadership challenge
• Other Samoan politics reports

“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.

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.

• READ MORE: Explainer: Power struggle: where to from here?
• Samoa Observer: For the people or for themselves? — Editorial
• Samoa’s political future hangs in balance with Fiame leadership challenge
• Let law take its course: PM Fiame on Laauli’s charges
• Other Samoan politics reports

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.

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

With just over a year left in her tenure as Prime Minister of Samoa, Fiame Naomi Mata’afa faces a political upheaval threatening a peaceful end to her term.

Ironically, the rule of law — the very principle that elevated her to power — has now become the source of significant challenges within her party.

Fiame left the Human Rights Protection Party (HRPP) in 2020, opposing constitutional amendments she believed undermined judicial independence. Her decision reflected a commitment to democratic principles and a rejection of increasing authoritarianism within the HRPP.

• READ MORE: Other Samoan politics reports

She joined the newly formed Fa’atuatua i le Atua Samoa ua Tasi (FAST) party, created by former HRPP members seeking an alternative to decades of one-party dominance.

As FAST’s leader, Fiame led the party to a historic victory in the 2021 election, becoming Samoa’s first female Prime Minister and ending the HRPP’s nearly 40-year rule.

Her leadership is now under threat from within her own party.

FAST Founder, chairman and former Minister of Agriculture and Fisheries La’auli Leuatea Polataivao Schmidt, faces criminal charges, including conspiracy and harassment. These developments have escalated into calls for Fiame’s removal from her party.

Deputy charged with offences
On 3 January 2025, La’auli publicly revealed he had been charged with offences including conspiracy to obstruct justice, fabricating evidence, and harassment. These charges prompted widespread speculation, fueled by misinformation spread primarily via Facebook, that the charges were related to allegations of his involvement in an ongoing investigation into the death of a 19-year-old victim of a hit-and-run.

Following La’auli’s refusal to resign from his role as Minister of Agriculture and Fisheries, Fiame removed his portfolio on January 10, citing the need to uphold the integrity of her Cabinet.

“As Prime Minister, I had hoped that the former minister would choose to resign. This is a common stance often considered by esteemed public office custodians if allegations or charges are laid against them,” she explained.

In response to his dismissal, La’auli stated publicly: “I accept the decision with a humble heart.” He maintained his innocence, saying, “I am clean from all of this,” and expressed confidence that the truth will prevail.

La’auli urged his supporters to remain calm and emphasised his commitment to clearing his name while continuing to serve as a Member of Parliament for Gagaifomauga 3.

Following his removal, the Samoan media reported that members of the FAST party wrote a letter to Fiame requesting her removal as Prime Minister.

Three ministers dismissed
In response, Fiame dismissed 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 Labor) — allegedly involved in the effort to unseat her.

Fiame emphasised the need for a cohesive and trustworthy Cabinet, stating the importance of maintaining confidence in her leadership.

Amid rumors of calls for her removal within the FAST party, Fiame acknowledged the party’s authority to replace her as its leader but clarified that only Parliament could determine her status as Prime Minister.

She expressed her determination to fulfill her duties despite internal challenges, though she did not specify the level of support she retains within the party.

Samoa’s Parliament is set to convene next Tuesday, where these tensions may reach a critical point. La’auli, facing multiple criminal charges, remains a focal point of the ongoing political turmoil.

A day after the announcement, on January 15, four new Ministers were sworn into office by Head of State Tuimaleali’ifano Va’aleto’a Sualauvi II at a ceremony attended by family, friends, and some FAST members.

The new Ministers 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).

FAST caucus voted against Fiame
Later that evening, FAST chairman La’auli announced that 20 members of the FAST caucus had decided to remove Fiame from the leadership of FAST and expel her from the party along with five other Cabinet Ministers — Tuala Tevaga Ponifasio (Deputy Prime Minister), Leatinuu Wayne Fong, Olo Fiti Vaai, Faualo Harry Schuster, and Toesulusulu Cedric Schuster.

In Samoa, if an MP ceases to maintain affiliation with the political party under which they were elected — whether through resignation or expulsion, their seat is declared vacant if they choose to move to another party or form a new party.

These provisions aim to preserve political stability, prevent party-hopping, and maintain the integrity of parliamentary representation, with byelections held as needed to fill vacancies.

Under Section 142 of Samoa’s Electoral Act 2019, if the Speaker believes an MP’s seat has become vacant as per Section 141, they are required to formally charge the MP with that vacation.

If the Legislative Assembly is in session, this charge must be made orally during the Assembly. Fiame and the four FAST members can choose to maintain their seats in Parliament as Independents.

Former Prime Minister and now opposition leader Tuilaepa Sa’ilele Malielegaoi remarked that what should have been internal FAST issues had spilled into the public sphere.

“We have been watching and we continue to watch what they do and how they deal with their problems,” he stated.

Freedom of expression
When asked whether he would consider a coalition or support one side of FAST, Tuilaepa declined to reveal the opposition’s strategy, citing potential reactions from the other side. He emphasised the importance of adhering to democratic processes and protecting constitutional rights, including freedom of expression.

As Parliament prepares to reconvene on January 21, Facebook has become a battlefield for misinformation and defamatory discourse, particularly among FAST supporters in diaspora communities in the US, Australia, and New Zealand.

Divisions have emerged between supporters of Fiame and La’auli, leading to vitriol directed at politicians and journalists covering the crisis. La’auli, leveraging his social media following, has conducted Facebook Live sessions to assert his innocence and rally support.

Currently, FAST holds 35 seats in Parliament, while the opposition HRPP controls 18. If the removal of five MPs is factored in, FAST would retain 30 MPs, though La’auli claims that 20 members support Fiame’s removal. This leaves 10 MPs who may either support Fiame or remain neutral.

If FAST fails to expel Fiame, La’auli’s faction may push for a motion of no confidence against her.

Such a motion requires 27 votes to pass, potentially making the opposition pivotal in determining the outcome. This could lead to either Fiame’s removal or the dissolution of Parliament for a snap election.

As Samoa faces this political crisis, its democratic institutions undergo a significant test.

Fiame remains committed to the rule of law, while La’auli advocates for her removal.

Reflecting on the stakes, Fiame warned: “Disregarding the rule of law will undoubtedly have far-reaching negative impacts, including undermining our judiciary system and the abilities of our law enforcement agencies to fulfill their duties.”

For now, Samoa watches and waits as its political future hangs in the balance.

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. Junior S. Ami is a photojournalist based in Samoa. He has covered national events for the Samoa Observer newspaper and runs a private photography business. Republished from the Devpolicy Blog with permission.

The United Nations has glaring problems in Samoa where the government is calling for the UN’s role in the country to be reviewed.

The most pressing immediate problem concerns the UN Resident Co-ordinator in Samoa, Simona Marinescu, and the local government’s allegation that she has interfered in domestic politics.

Samoa’s ruling Fa’atuatua i le Atua Samoa ua Tasi (FAST) party has accused Marinescu of breaching UN principles of neutrality by actively working against the party during this year’s election.

• READ MORE: More Samoan politics reports

The FAST claim partly relates to Marinescu’s involvement in the push to increase the number of women MPs in Samoa. The issue of a quota for women’s seats in Parliament became a central point of contention in the drawn out impasse between the former ruling Human Rights Protection Party and FAST over election the election in April, which was won by FAST.

Marinescu, a former politician in Romania who took up the Apia post in early 2018, is a vocal advocate of women’s rights.

However, by pushing the women MPs issue during the testy initial post-election stages, she was accused of having favoured HRPP and its leader, Samoa’s long-time prime minister Tuilaepa Sailele Malielagaoi, who aimed to prevent Fiame Naomi Mata’afa becoming the country’s first woman prime minister.

After months of court action over the election outcome, as well as rallies by HRPP supporters which FAST has accused Marinescu of helping to instigate, Fiame is now installed as prime minister — and her government has the knives out for the UN representative.

Push for law change
FAST party chairman deputy prime minister La’auli Leuatea Schmidt has also questioned Marinescu’s role in a reported recommendation to legalise abortion in Samoa made as part of a submission by the UN country office for Samoa’s recent Universal Periodic Review at the UN Human Rights Council.

La’auli said it was not Marinescu’s place to have pushed for changes to Samoa’s laws in the area of women’s rights, adding that she had crossed a line.

“She should not affiliate with our local domestic politics,” he said.

“That is our main concern, because we found out that she has been involved with our political affairs locally.”

The diplomat has been unavailable for RNZ Pacific’s requests to comment. Having attended COP26 in Glasgow, Marinescu remains out of the country, and it is uncertain if she is welcome to return to Samoa given the new government’s feelings.

Tuilaepa, now the opposition leader, came out in defence of Marinescu and called for an apology from La’auli whose attacks he described as “uncalled for”.

Sources close to the UN in Samoa described it as unlikely that Marinescu had sought to help HRPP win government over FAST, but said her interventions were ill-judged, badly timed and came across as high-handed.

Climate project under UN corruption probe
During Marinescu’s tenure in Samoa, a major climate change resilience project under the UN umbrella has gone awry with the emergence of corruption allegations.

The Vaisigano River Catchment Project, a US$65 million flood proofing project to fortify a main river in Samoa’s capital Apia from rising sea levels, was to be 90 percent funded by the UN’s Green Climate Fund.

But the UN Development Programme (UNDP) has been investigating allegations of corruption in the project since last year, and the project has stalled. In its preliminary form, the work proved insufficient to prevent significant damage from last December’s floods in Apia.

Furthermore, the Samoa Observer recently revealed that the UN’s Samoa office (a multi-country desk which also oversees the UN’s Cook Islands, Niue and Tokelau programmes) was stripped of its authority to manage the Vaisigano Catchment and other development projects due to the concerns about its financial mismanagement.

The UN’s Bangkok office is now controlling expenditure over up to a dozen projects under the Samoa office, also including a US$52 million project for increasing the country’s production of renewable energy, and several projects in Niue and the Cooks.

Regarding the Vaisigano project, the UNDP said formal investigations were launched by its Office of Audit and Investigation, “appropriate follow-up actions have been initiated”, and the case had been referred to national authorities.

Mismanagement of major climate resilience projects is a concern for regional countries like New Zealand, which last month committed US$900 million over four years to support mainly Pacific countries on climate change efforts.

Climate partnership funding
NZ Climate Change Minister James Shaw said New Zealand’s work in climate funding was primarily geared toward working with partner countries directly, rather than through multi-lateral funds such as the Green Climate Fund.

“One of the reasons for that is when you’re working bilaterally, directly, you’ve got much better line of sight of the projects, and so that helps us to manage around any issues of corruption that might arise.”

Sources have told RNZ Pacific of their concern that there was a lack of checks and balances over the Vaisigano Catchment Project, as well as a lack of progress in the project generally since it was signed off in 2016.

Marinescu has not had direct oversight of UNDP projects since the role was de-linked from that of Resident Co-ordinator, and new UNDP Resident Representative Jorn Sorensen arrived in late 2019.

However, Samoa’s prime minister has said she was considering lodging a formal complaint about Marinescu’s behaviour in relation to alleged interference in local politics.

FAST party wins four byelections
The emerging problems in the UN Samoa relationship came as the country headed back to the polls last week for six byelections — four of them being won by the FAST party to boost their numbers in the House to 31.

The byelections were the result of post-election legal challenges, which led to HRPP election-winners for these electorates giving up their seats.

Meanwhile, Fiame’s government has called for a review of the UN role in Samoa.

La’auli has acknowledged the good work that the UN has done over many years in Samoa.

But he said the new issues that had arisen highlighted a need to revisit the relationship with the UN in the interests of protecting Samoa’s culture and Christian values.

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

Five months after Samoa’s April 9 general election the FAST party government finally began its first parliamentary session today.

But it was without the members of the opposition HRPP party, who were shut out by the Speaker, Papalii Lio Masipau.

Papali’i announced a ban yesterday, saying the HRPP was still failing to acknowledge that the FAST party had won the election.

• READ MORE: Samoa’s first female PM locked out of Parliament by losing opponent
• Other Samoan politics reports

This follows months of legal squabbles between the parties but last month the Court of Appeal declared FAST were the legitimate winners of the election.

This morning the HRPP staged a march near the grounds of Parliament until police stepped in and told people to return to the party offices.

Samoa police had erected a barricade to deter people from approaching the Parliament building.

The opposition leader, Tuilaepa Sailele Malielegaoi, called the ban from Parliament a ‘sad day for Samoa.’

He said FAST was behaving in a dictatorial manner, according to the Samoa Observer.

Tuilaepa claimed that such an event had never happened when the HRPP was in power.

However, on May 24 Parliament was locked preventing the FAST party from entering for the scheduled opening of Parliament.

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

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.

• READ MORE: Other Samoan elections drama reports
• Tuila’epa criticises FAST legal adviser Taulapapa

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.

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.

• READ MORE: Sāmoa’s defeated PM using civil unrest in bid to seize back Parliament

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.

Sāmoa’s defeated prime minister is plotting civil unrest that will climax when a new Legislative Assembly holds its first meeting next month since April’s elections, says leading lawyer Taulapapa Brenda Heather-Latu.

She and her husband George Latu act for the election winning Faʻatuatua i le Atua Sāmoa ua Tasi (FAST) Party led by Fiamē Naomi Mata’afa.

FAST defeated the Human Rights Protection Party (HRPP) and its leader and former premier Tuila’epa Sa’ilele Malielegaoi who now refuses to accept the result.

• READ MORE: NZ reaffirms support for Samoa’s Fiame, as Tuila’epa grumbles
• Samoa welcomes five temporary judges from NZ
• Other Sāmoan democracy reports

Failing to win in the courts, Taulapapa said he was building up to a crescendo of unrest for the September 20 parliamentary opening.

She said he could be stopped by jailing him on serious charges which could include treason.

Taulapapa said there was currently HRPP intimidation of judges and lawyers, a police force unable to stop it and sabotage within the Tuila’epa controlled civil service, all aimed at returning the defeated prime minister to office.

Taulapapa had, up until 2006, worked extensively with Tuila’epa when he was prime minister for 23 years.

Parallel with Trump
In a Zoom meeting with The Pacific Newsroom, Taulapapa drew a parallel between Tuila’epa’s election defeat and that of last November’s defeat of US President Donald Trump.

Tuila’epa’s failed efforts to overturn Sāmoa’s election have left him vulnerable: “He lost the elections, he’s lost in court, and sadly the only thing I think that is left, is to create civil unrest and that is absolutely what he is doing now,” Taulapapa said.

“It is almost Trump, the Pacific edition….

“Even more so because on Monday he called all members of HRPP to go to Mulinu’ū when parliament is convened on September 20 … there can be only one reason to do that….”

She said Tuila’epa had the opportunity to end the turmoil.

“If he does not do that voluntarily then what will end this will be, being imprisoned.”

Events were moving fast.

‘Building up to a crescendo’
“It is building up to a crescendo and I am not sure what that will be but it is definitely building up to something happening. We have got him doubling down, we have him on TV1, which is the HRPP channel, every night now and he is also coming on the Good Morning Show. He has really ramped it up since the decision came out and plans for more rallies and marches.”

An example of his strategy, and the risks, came last week when Tuila’epa led a HRPP group to Savai’i. They were resisted by locals who objected to their presence on the island.

“My big concern now,” Taulapapa said, “is that he is actively creating civil unrest which if you contrast that with the four months waiting for court decisions, people were patient and were respectful of the court, and now after the decision has come out, you have a leader creating this stuff, four months after the general election.”

Plotting illustrated the desperation of a 76-year-old man who was not getting the message that he had been defeated.

“It isn’t anything more than that… There is a reason you shouldn’t don’t stay so long. It’s true power corrupts but also corrupts your judgment… he basically will not accept the fact that he lost the elections.”

Taulapapa Heather-Latu has been a prominent legal figure in Sāmoa since 1997 when she was appointed Attorney-General under HRPP Prime Minister Tofilau Eti who was succeeded by Tuila’epa the following year.

She gained a vivid insight into HRPP corruption when, with George Latu, she prosecuted two cabinet ministers and one of their sons for the 1999 assassination of Works Minister Luagalau Levaula Kamu.

Acting for FAST
Following criticism from Tuila’epa, she resigned in 2006 and set up her own law firm and this year has been acting for FAST. This gave her a decisive role on May 24 when Fiamē and her party were locked out of Parliament by HRPP Speaker Leaupepe Toleafoa Fa’afisi to prevent them being sworn in as MPs.

Under Taulapapa’s direction, a swearing in ceremony was instead staged in a tent outside parliament, subsequently recognised in the Court of Appeal.

Comparisons between Tuila’epa and Trump have drawn protests from observers but Taulapapa said there was obvious similarity.

“You have someone who is the author of his own misfortune,” she said, pointing to Tuila’epa’s behaviour last year when he pushed three controversial but unnecessary bills through the Legislative Assembly.

The legislation was the Constitution Amendment Bill, the Land and Titles Bill and the Judicature Bill.

Tuila’epa chose to insult his then deputy, Fiamē, in the assembly and unnecessarily prolonged parliament late last year.

One result was that HRPP formally had 20 seats on Savai’i but following the elections 18 had gone to FAST.

‘Master strategist – so past it’
Tuila’epa was “prideful about being the master political strategist, and he is so past it,” Taulapapa said.

And within HRPP after the election defeat “absolutely no squeak from HRPP about accountability, why did we lose?” HRPP itself was “comatose and about to slip into oblivion.”

The defeated prime minister produced his own disaster: “He is belligerent, he is bombastic, he is abusive, so when he prolonged Parliament, instead of the normal 10 days, he prolonged it five weeks at the end of the year.

“Most old people have their radios on Parliament when it is sitting, and they were treated to five weeks of unmitigated abuse. For a lot of older people, like my aunties and uncles in Savai’i, they basically said … too much, too revolting, too yuk and time for a change.”

At the elections he let multiple HRPP candidates run against each other in electorates.

When the result initially came in as 26 HRPP and 26 FAST members he blundered again by claiming that a constitutional requirement on the number of women in the assembly had not been met. So he put another HRPP woman into Parliament.

“He goes to the nuclear option and the first one is to administratively add another MP and the second nuclear option was that he basically advised the Head of State (Tuimalealiifano Vaaletoa) to call fresh elections …, got him to cancel the results of a general election, run a new one in two weeks but with a whole lot of changes that would limit your ability to vote,” Taulapapa said.

Multiple candidates
“And then he used that to get all his multiple candidates to resign, to withdraw.”

Then came a series of court cases in which rulings favoured FAST.

Tuila’epa and HRPP kept violating court rulings and, as the weeks rolled over, his members became more intimidating toward the courts and the judges. These actions have led to Tuila’epa facing contempt of court charges.

In the crime tariff, contempt can be a relatively light offence, and Taulapapa said there were considerations of bringing the more serious charge of scandalising the court.

At one point Tuila’epa accused Taulapapa and her husband of treason for the way they were acting for FAST and swearing in its members.

A treason charge has to consist of a series of overt acts which individually may not be a crime but which if proven can establish the offence of treason.

Possible treason pointers
Pacific Newsroom asked Taulapapa whether the defeated prime minister’s behaviour could point to possible treason: “Absolutely, absolutely. Currently FAST, our clients, filed contempt proceedings so they are live, they will be added to next week because there have been almost daily instances of calling the court crooked and everything.”

Taulapapa said she was not satisfied with the police force attitude which she characterised as detached and disinterested.

“When you are facing people that keep naming the judges on the appeal, keep naming lawyers involved particularly George and I, that keep putting their pictures on HRPP pages, then it suggests to me that he is inviting someone to do us harm.”

The former leader was burning bridges and no one was trying to restrain him.

“Everybody is a sycophant, everybody else is yes sir, no sir,” she said.

“There is a real element of the cultish leader where even people that were reasonable and respected members of our community are sitting around him, nodding and laughing, and that is disturbing. These are people who otherwise you believe would be reasonable and balanced and wise.”

In the last decade Tuila’epa would not accept advice and made appointments to office based on obedience and family association.

Debilitating behaviour
For Fiamē and FAST, the behaviour was debilitating.

“She is getting attacked from the outside, and then having problems establishing her government inside, in the public service.”

Many of the public servants were related to the defeated prime minister, including senior officials in Treasury, Revenue and the Audit Office. They are blocking FAST attempts to get the budget under control.

“So you have active, aggressive opposition from key officials.”

Fiamē had written to the HRPP appointed Attorney-General Savalenoa Mareva Betham about the abuses and challenges from HRPP on the judiciary, but nothing had come from her.

“I would absolutely call it sabotage.”

Taulapapa pointed to the Ministry of Revenue where, on Monday, the chief executive Matafeo Viali-Fautua’alii unilaterally introduced a 10 percent capital gains tax with no notice.

Major transactions
Suddenly major transactions were having 10 percent added on top of them, ranging from matai registration to large mortgage and land transfers. The new government was not consulted.

“That has caused incredible knock on effects commercially because, of course, people only got mortgages for a particular amount … but it also exposes the government to risk.’
Sāmoa society tended to move in a communal way and the three bills in parliament had seen a mass split from HRPP and a large block went to FAST which had risen rapidly.

In the process Tuila’epa was destroying his “great legacy of developments”.

Every day he was undermining his reputation, Taulapapa said.

“Yesterday he came on TV and said, ‘where the hell are New Zealand and Australia, why aren’t they doing something about how the judiciary has stolen Parliament’,” she said. “Well they did say something, they said congratulations on winning the elections.”

Taulapapa said there was a role in the current crises for Australia, New Zealand and multilateral bodies.

“We have never had a transition in our history, really, and so we need technical support so that we can bring in people like forensic auditors and former state services commissioners because there is going to be a need for reprogramming. Things are personal that is why I mentioned cults.

“There is almost a personal emotional attachment to this man,” Taulapapa said.

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.

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.

• READ MORE: Other Samoan democracy articles

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.

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.

• READ MORE: Other articles about Samoa’s democracy

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.

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.

• READ MORE: Other articles about the Samoan elections

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.

Samoa’s new prime minister has opted not to proceed with a China-backed port development project championed by her predecessor.

Fiame Naomi Mata’afa said the US$100 million (NZ$139m) project would have significantly added to the country’s exposure to China which already accounts for 40 percent of its external debt.

The proposed construction in Vaiusu Bay has been a divisive issue in Samoa, playing a part in April’s national election where long-serving leader Tuila’epa Sa’ilele Malielegaoi lost his parliamentary majority.

• READ MORE: The deficiencies of the Vaiusu wharf development – Samoa Observer

After a protracted impasse following the election, in which Tuila’epa’s HRPP administration refused to concede defeat until legal avenues were exhausted, the new government of Fiame’s Fa’atuatua i le Atua Samoa ua Tasi (FAST) party was confirmed late last month.

The Vaiusu Bay port project was one of the early items on the FAST government’s agenda.

According to Fiame, the project would increase debt exposure to China by 70 percent.

She said government officials confirmed last week the project had not gone beyond feasability testing and that it exceeded Samoa’s requirement.

‘Not a priority’
“We’ve indicated to Foreign Affairs that this would not be a priority with our government, and since we haven’t made any firm commitments, that we should leave it at that.”

She said the cancellation of a key China-funded maritime port project would not hinder the strong relationship with Beijing.

Fiame said the investment was a sizeable one for any government, including China, and she had serious reservations about that level of commitment.

“It could have been any other donor. So just on the pure numbers and also in terms of the priorities of our government, it is not a priority to us. And thank goodness the negotiation had not arrived at the point where our government has signed on any dotted line.”

Fiame said the door remained open to Beijing and all aid partners for future projects of clear benefit to Samoa.

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

After nearly four months of being taken to the brink of dictatorship, Samoa’s constitutional crisis ended on July 26 when the prime minister for the past 23 years, Dr Tuila’epa Sa’ilele Malielegaoi, conceded defeat.

With the April 9 election loss, the 40-year dominance of Samoan politics by Tuilaepa’s Human Rights Protection Party (HRPP) ended too.

Samoa’s new leader, Fiame Naomi Mata’afa, might be the country’s first female prime minister, but she is a veteran politician. As she attempts to bring her nation out of its greatest test in the 59 years since independence, she will need all the deep experience she brings to the role.

• READ MORE: Samoa’s stunning election result: on the verge of a new ruling party for the first time in 40 years
• Samoan democracy hangs in the balance as a constitutional arm wrestle plays out — with the world watching
• Has the door finally opened for Samoa’s first female prime minister, after weeks of constitutional crisis?
• With five countries set to quit, is it curtains for the Pacific Islands Forum?
• Other Samoan democracy reports

A political dynasty
Fiame was born in 1957 into one of Samoa’s leading chiefly and political families. Her parents were both trailblazers, too. Her father, Mataʻafa Faumuina Mulinuʻu II, served as Samoa’s first prime minister over two terms (1959-1970 and 1973-1975).

When he died in office in 1975, Fiame’s mother, La’ulu Fetauimalemau Mata’afa, represented his constituency of Lotofagu. She was just the second woman to be elected to Samoa’s Parliament.

After serving in Parliament, La’ulu was appointed Samoa’s consul-general to New Zealand in 1989 and then served as Samoa’s high commissioner to New Zealand from 1993 to 1997.

Fiame also has strong ties to New Zealand. From age 11, she attended Marsden College in Wellington before studying political science at Victoria University, graduating in 1979.

A veteran and trailblazer
Fiame’s own political career began in 1985 when she won her parents’ former parliamentary seat of Lotofagu. Since then, Fiame’s career has ridden the wave of the HRPP’s popularity.

Under former prime minister Tofilau, she became the country’s first female cabinet minister, holding the education portfolio for 15 years. Fiame has also overseen the Ministry of Women, Community and Social Development, and the Ministry of Justice and Courts Administration, as well as other government appointments.

In 2016, she again broke new ground when she was appointed Tuilaepa’s deputy prime minister. She held this position until her resignation in September 2020 in protest at Tuilaepa’s controversial “three bills” (which gave the Lands and Titles Court additional powers over the bestowal of lands and titles within families and villages and undermined judicial independence and the rule of law).

The bills and their rushed passage into law ignited widespread protests and the formation of the Fa’atuatua i le Atua Samoa ua Tasi (FAST Party), which Fiame joined as leader in March 2021. Ultimately they led to Tuilaepa’s political demise.

The bitter election campaign and its protracted aftermath, when Tuilaepa went to extraordinary lengths to retain power, has tested Fiame’s mettle as a national leader.

Throughout, she has embodied the same faith that justice would prevail that she asked of Samoa’s people as they witnessed the alarming twists and turns of Tuilaepa’s power play.

The challenge of power
Her impressive track record and admirably steady temperament will continue to be called upon as she faces multiple challenges as leader.

Firstly, Fiame will have to contend with something Tuilaepa never had to during his long term — a viable opposition, whose leader just happens to be Tuilaepa. True to form, he has already questioned the legitimacy of Fiame’s FAST government.

How much power Tuilaepa can wield in Parliament is yet be to determined. Seven by-elections have been triggered so far due to petitions stemming from the general election. FAST currently holds 26 seats and the HRPP 17, with one independent.

There will also be a byelection for the 52nd parliamentary seat created since the April 9 election — the seat designated for a woman candidate to meet a constitutionally mandated 10 percent quota of female parliamentarians. It was by creating this seat and “weaponising” gender politics that Tuilaepa hoped to keep Fiame out of power.

Fiame must also contend with Tuilaepa’s residual powers beyond Parliament. His son, Leasiosio Oscar Malielegaoi, was appointed CEO of the Ministry of Finance in 2018, as well as various other positions, by his father.

The bureaucracy is staffed by other Tuilaepa loyalists. Reinvigorating national power structures will be a delicate operation for Fiame. But she is aided in her nation-building by the grassroots, village-level support for her government that has seen a succession of leaders calling on Tuilaepa to concede over the past weeks.

This support will be critical, not only for the pending byelections but also to ward off the threat of covid-19, now tragically playing out in neighbouring Fiji.

Samoa’s place in the world
While no deaths have been attributed to covid-19 in Samoa, vaccinations are vital to keep it that way. Currently, only 18.6 percent of the population are fully vaccinated and vaccine hesitancy persists.

Ameliorating the devastating impact of the pandemic on Samoa’s tourist economy is another major challenge. And Fiame will also need to negotiate China’s considerable economic influence, encouraged by Tuilaepa but which Fiame has signalled she will not emulate.

Regionally, Fiame has an opportunity to be a constructive presence at a time when the pandemic has exacerbated frayed relations between Pacific democracies and China, and within the Pacific Islands Forum, which has recently seen a third of its member nations quit.

None of which detracts from the historical significance of Fiame’s election. She joins an exclusive group of women political leaders and can encourage other women in the region aspiring to political office.

As US Vice-President Kamala Harris said of her own election, “I may be the first woman to hold this office. But I won’t be the last.” For Fiame, perhaps, that is the ultimate challenge.

Patricia A. O’Brien, Visiting Fellow, School of History, Australian National University, and Adjunct Professor, Asian Studies Programme, Georgetown University. This article is republished from The Conversation under a Creative Commons license. Read the original article.

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).

• READ MORE: Other Samoan democracy reports

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.

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.

• READ MORE: Samoa’s highest court declares FAST government legal – impasse ends

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.

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.

• READ MORE: Other Samoan election reports

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.

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.

• READ MORE: Samoa’s HRPP loses another seat in court action

“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.

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.

• READ MORE: Other articles about the Samoa elections crisis

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.

The Court of Appeal in Samoa says its ruling from June 2 on the sixth women’s seat cannot be used to delay the convening of Parliament.

The court had said a sixth woman is required to satisfy the constitutional requirements but that any decision on this be delayed until after the electoral petition process is complete.

The caretaker Human Rights Protection Party (HRPP), which lost the election on April 9 to the Fa’atuatua i le Atua Samoa ua Tasi (FAST) Party by one seat, had used this decision to justify delaying a parliamentary sitting.

• READ MORE: Other articles on the Samoan elections

FAST this week sought a clarification from the Court of Appeal and its decision has now been made public.

The court said the convening of Parliament is mandatory under Article 52 of the constitution, and that it did not declare that this was dependent on the activation of Article 44(1)(A), which determines the number of women’s seats.

It said there was insufficient evidence before the court to determine whether any of the persons who have provided interpretations contrary to this were made maliciously, carelessly or otherwise.

Electoral petitions
Meanwhile, two electoral petitions backfired yesterday with both plaintiffs losing their cases and in turn being found guilty of corrupt practices.

Samoa’s Supreme Court found in favour of the incoming FAST party candidates for the Salega No.1 and A’ana Alofi No.3 seats.

Salega No.1’s Fepulea’i Fa’asavalu Faimata Su’a and A’ana Alofi No.3’s Agaseata Valelio Tanuvasa Peto were accused of using corrupt and illegal practices to influence their electoral wins.

But the court dismissed the petitions for lack of proof.

Instead it agreed with counter-petitions and found the Tautua Party leader Afualo Wood Salele guilty of corruption in Salega No.1 and the A’ana Alofi No.3 independent candidate, Ili Setefano Tafili, guilty of two counts of bribery.

Both candidates are now ineligible to run for parliament for two electoral terms, or ten years.

A previous electoral petition has left Sagaga No.2 awaiting a by-election after both petitioners were found guilty.

The newcomer FAST party remains in top position with 26 seats while the caretaker HRPP, which lost Sagaga No.2, is at 24.

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

A Human Rights Protection Party (HRPP) associate minister has had his  seat of Sagaga 2 in the Samoa general election declared void by the Supreme Court following a legal challenge, triggering a byelection.

This means previously elected Member of Parliament Seiuli Ueligitone Seiuli, a member of the HRPP has been removed from his seat after being found guilty of bribery and treating charges.

The petitioner, Maualaivao Patelesio Ah Him, who ran as an independent candidate, was also found guilty of treating and bribery charges filed in a counter petition.

• READ MORE: Other reports about the Samoan political crisis

The ruling was handed down by Justice Fepuleai Ameperosa Roma and Justice Vui Clarence Nelson.

A byelection for the seat will be triggered, the outcome of which will influence the wider Parliament’s balance of power.

It is not known when the byelection will be held. But neither man will be able to stand in the contest, nor will they be able to stand for elected office for 15 years.

In the near-term it increases the majority of the Faatuatua ile Atua Samoa ua Tasi (FAST) party, which will now have a total of 26 confirmed elected members to the HRPP’s 24.

Challenged in court
Maualaivao challenged Seiuli in court, alleging bribery, treating and providing transportation for voters in a bid to influence their votes.

Maualaivao was found guilty of bribery charges laid against him supported by evidence presented by witnesses who claimed to have received amounts of up to $100 when visiting his office at the Nia Mall Building in Fugalei ahead of the April election.

Meanwhile, Seiuli was found guilty of transporting voters to polling booths on election day. He was also found guilty of bribery and treating through the provision of $10,000 in breakfast cash money (suā ti) presented during a village meeting in 2020.

Maualaivao was not present at the court when the decision was delivered. The Supreme Court also raised issues that arose from the case for the Speaker of the House to review.

Both men are former senior Members of Parliament and from the village of Malie.

Seiuli was the former Associate Minister of the Ministry of Works Transport and Infrastructure in the most recent Parliament.

Maualaivao had been a Member of Parliament during the 15th Parliament (2011-2016) for the now-defunct Individual Voters seat, under the HRPP banner.

Ran as an Independent
The 71-year-old businessman failed to return for the 16th Parliament (2016-2021), losing his seat to Faumuina Wayne Fong who won the (rebranded) Urban West seat they were contesting.

For the 2021 general election, he decided to run as an Independent, contesting for the Sagaga No 2 seat.

On the April 9 election Seiuli secured 699 votes to Maualaivao’s 547, the Electoral Commission’s final count showed.

Magele Leone Sua-Mailo represented Maualaivao while Tuatagaloa Shane Wulf represented Seiuli.

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

In the latest twist in Samoa’s political rollercoaster, the FAST party has accused the rival HRPP leader of contempt of court, reports Pacific Media Network News.

Tuila’epa Dr Sa’ilele Malielegaoi has been accused of ignoring a Supreme Court ruling to convene Parliament, when FAST should have been sworn in as government.

Also accused alongside Tuila’epa is the Speaker of Parliament, the Clerk of the Legislative Assembly and the Attorney-General.

• READ MORE: Samoa’s Tuila’epa sued for contempt – RNZ Pacific

The motion was filed by Prime Minister-elect Fiame Naomi Mata’afa, leader of the FAST party, who has also accused Tuila’epa of undermining the judiciary through disparaging comments.

Fiame Naomi Mata’afa speaking on 531pi’s Pacific Days. Video: PMN News

Speaking on 531pi’s Pacific Days, Fiame claimed her opposite number was still refusing to accept his defeat in the April 9 general election.

Negotiations between Fiame Naomi Mata’afa and Tuilaepa Sailele Malielegaoi broke down earlier this week after they disagreed on a transition to a new government

Fiame claims there was nothing out of the ordinary regarding her request.

Transition to new government
“We were looking for a discussion to transition to a new government and then moving out.

“It’s not as though he [Tuila’epa] should be surprised. I think the man is in serious denial, as though it’s very unusual for a party that has won the election to say, ‘Listen mate, these are the results and you should be moving out and let’s have a discussion about that’.”

Fiame doubts there will be further negotiations given the stance taken by herself and her opposite, Tuila’epa.

“Well, you never say no to a negotiation if there’s some rational outcome to be gained from it, but from the positions that we’ve taken and especially the interpretations of the appeal court’s decision, I don’t see it.”

Fiame told Pacific Days that she found it an irony about what was being discussed between the two political party leaders.

“This whole impasse is centered around representation for women, so as a woman, I’m quite fascinated,” she said.

“I’m always pleased if there’s an increase of women in Parliament, but people need to understand that this is a particular provision within the law and there are issues around it.”

Prepared for court rulings
The FAST party leader said she was prepared to go through the formal process of the court ruling on election petitions in order to come to a resolution.

“He’s [Tuila’epa] wanting to delay the process of government, of Parliament meeting and for us to move in and he was saying to us, it was in our interest to cut short this process and do what he was offering of 26 members each going into the House,” Fiame says.

“So I said to him, ‘Listen, however long it takes, you can be sure that we will be pursuing that and through the law’.”

When asked whether the FAST party would be willing to go through a second election, Fiame replied: “Why would we? We won the election. We’re not silly.”

Samoa’s Prime Minister-elect, FAST party leader Fiame Naomi Mata’afa, says negotiations remain at an impasse between her party and the rival Human Rights Protection Party (HRPP).

The parties met yesterday in Apia to try and resolve the stalemate resulting from the April 9 election.

In a statement last night, Fiame maintained that FAST held the majority of 26 seats to the HRPP’s 25.

• READ MORE: Other reports on the Samoan post-elections crisis

She said these FAST members had been sworn in, with a cabinet appointed and speaker and deputy chosen.

The HRPP leader, caretaker Prime Minister Tuila’epa Sa’ilele Malielegaoi continued to claim the result was not clear because 10 percent of 51 members or six women representatives in the House had not been achieved.

But Fiame said last week’s Court of Appeal decision was not retrospective and could only apply to future elections as the writ of appointment of the elected members was given by the Head of State on 16 April 2021.

Fiame said she was also seeking the continuing support and prayers of the churches and the nation as the political leaders look to amicably resolve the current impasse.

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

Buoyed as he is by [Wednesday’s] court decision, Samoa’s caretaker Prime Minister has shown a character flaw weighing down upon our national politics: an inability to face up to hard truths.

Despite Tuilaepa Dr Sa’ilele Malielegaoi having just alleged the judiciary was conspiring against him, the Appellate Court ruled in favour of his argument that a minimum of six women MPs need to be appointed to meet a mandated quota in our 51-seat Parliament. We don’t expect that contradiction to be explained anytime soon.

The victory has been seized upon by supporters of the Human Rights Protection Party (HRPP), many of whom have incorrectly concluded the decision will lead to the installation of Aliimalemanu Alofa Tuuau and a Parliament in which the opposing party cannot form government.

• READ MORE: Other Samoan constititutional crisis reports
• Samoa’s Fiame condemns defeated PM Tuilaepa’s ‘perverse’ actions
• Samoan court voids appeal over additional women’s seat
• Fuimaono Dylan Asafo: Samoan ruling an unfortunate case of judicial overreach

They must read the court’s words, reprinted in today’s edition, more closely. In fact, the court voided Aliimalemanu’s warrant of election.

Aliimalemanu herself acknowledged this very point when she told the Samoa Observer that she did not mind which woman MP ended up being elected nor which party they were from, rather she was pleased to have struck a blow for female representation.

And, like the court we applaud her for her devotion to that worthy cause.

The reason Aliimalemanu’s election was voided was because it will not be until after the Supreme Court sorts through some 28 petitions and more counter-petitions that the rule requiring six women will be applied.

There are another six petitions involving women challenging or defending an election result alone, let alone other women candidates who could be elected if byelections are called if a legal challenge to a result is upheld. The number of women elected to the 17th Parliament of Samoa could be higher than the threshold, or it could be much much lower.

Exactly what role this unforeseen constitutional mandate will figure in the final election results is entirely unknowable.

That means two things of extreme significance for the immediate political future of this nation – neither of which Tuilaepa was willing to face up to when speaking on Wednesday afternoon.

For the time being, the Fa’atuatua i le Atua Samoa ua Tasi (FAST) party will retain its 26-25 lead over the HRPP until the election is completely finalised.

How long the courts take to settle the dozens of legal challenges before them will likely be a matter of weeks, not months.

Tuilaepa is increasingly being less seen as a strongman who can be depended upon to steer Samoa through choppy waters as an immovable object with whom much of the political deadlock originated.

Until that time, they notionally — depending, of course — on the outcome of a legal case about the validity of the party’s swearing in, the opponents should notionally have some political breathing room to establish government.

But speaking on Wednesday, Tuilaepa sounded like a man who had not familiarised himself with even the most elementary aspects of the judgment.

He asserted the decision cemented Aliimalemanu’s election and a 26-26 tie between FAST and the HRPP and his rightful place and the ongoing future “custodian” of government in Samoa.

No person with basic literacy skills could have reached either of these conclusions after reading what the court had to say in a succinct and articulate 12-page judgment.

Fiame Naomi Mata’afa, the leader of FAST, took a different and more reasonable view of the judgment, which, as it was, a victory in principle for the HRPP but one with few practical consequences for Samoa’s immediate future.

FAST, she said, had the numbers in Parliament for now and was ready to proceed to transition to a new government, just as previous Parliaments have sat while petitions are in progress.

That puts the two leaders on a collision course that cannot spell good outcomes for this nation.

But the decision also casts in stark relief the fact that the caretaker Prime Minister has shown himself at his most arrogant during a week when he should have learned about humility.

For so many years, Tuilaepa’s tendency toward over-the-top statements have merged with his public-political persona. But it is only in recent weeks as he has begun to feel his power ebb in the wake of an election defeat that we have seen the true depth of the caretaker Prime Minister’s unrelenting self-regard.

He dared to allege only a little more than a week ago that there was a conspiracy against him being cooked up by the nation’s judiciary after his party lost four court battles in a row while trying to use the courts to prevent a new government forming.

Tuilaepa then sought to assume for himself a merged role of judge, jury and Prime Minister by condemning FAST for holding an improvised swearing-in ceremony in order to uphold the constitution.

“I am well versed with this law because I own it; it’s mine,” he said.

Only weeks earlier he said that he was “appointed by God” to lead Samoa and that the judiciary had no authority over his appointment.

The recent decisions of the Supreme Court should have disabused him of the idea that the rule of law is something one man can own.

But the public of Samoa, in one way or another, be it by way of the ballot box or making their feelings known will prove decisive in the resolution of this seemingly endless political saga.

In this time of crisis Tuilaepa’s bombastic persona is no longer proving a political asset but rather something which grates upon the voters of Samoa, and he is losing support evidently.

He is increasingly being less seen as a strongman who can be depended upon to steer Samoa through choppy waters as an immovable object with whom much of the political deadlock originated.

The HRPP have been champing at the bit for another election to be called as a recourse to holding onto power.

But despite winning an absolute number of votes in the April election, almost every step taken by the party and its leader in the interim has done little to endear Tuilaepa to the public. If things continue as they are, the political confidence he had in April is likely to have evaporated by this month’s end.

We saw just as much at the Immaculate Conception Cathedral at Mulivai on Monday evening when he became the subject of a sermon and a general character appraisal by the Archbishop of the Catholic Church, Alapati Lui Mataeliga.

Tuilaepa, not known for welcoming differences of opinion, looked every inch a man in a furnace.

With his eyes closed and fan working overtime, he almost appeared to be hoping to deflect the Archbishop’s words.

It did not, of course.

His Grace’s sentiments are still lingering, long since his homily concluded.

The Archbishop referred to himself as Tuilaepa’s “spiritual father” and indeed he performed his role in this respect by dispensing some home truths to a man — and a nation — in need of them.

Speaking on the eve of Independence Day, His Grace noted that Samoa has had a history of oppression before; we have been colonised by Tongan, German and New Zealand forces in our recent history. Our paramount chiefs have had their natural status constrained and our people have suffered under the yoke of colonial governments which have misused their powers for personal gain.

The historical parallel was obvious.

The Archbishop lamented the current state of the nation which became the first in the Pacific to free itself from colonial rule but only after a long struggle.

“There is no peace and there is no unison and it appears as if our forefather’s shed blood for no reason,” he said.

“We are affected by [our leaders] abusing power due to high-mindedness and dictatorship.

“Without Samoa, there would be no leaders and the people should be well aware of that, the power in which is being abused by these leaders was given to them by us, the members of the public.”

Perhaps Monday’s homily dispossessed him of the conviction that he has a divine right to the Prime Minister’s chair.

It is impossible that Tuilaepa does not realise that his recent actions have sown division in this country.

The government’s recent decree that there be no public celebration of Independence Day clearly reflected a political fear of that day’s symbolism. The notional excuse provided, that large gatherings posed a risk to the public health, was undermined completely the day before when the Prime Minister addressed more than one thousand political supporters.

To have the head of your faith tell hurtful and shabby truths about your conduct must, even for a man of Tuilaepa’s bravado, be a wounding experience. For the sake of the country’s immediate future, we must hope against every indication it was also, deep down, a humbling one.

The Samoa Observer editorial of 2 June 2021. Republished with permission.

The leaders of Samoa’s two main political parties have finally found something to agree upon since the April 9 general election – they will meet.

Following yesterday’s Court of Appeal ruling, both the caretaker prime minister Tuila’epa Sa’ilele Malielegaoi and prime minister-elect, FAST Party leader Fiame Naomi Mata’afa, announced they plan to meet.

But it is clear their intentions are miles apart.

• READ MORE: Other Samoan constititutional crisis reports
• Samoa’s Fiame condemns defeated PM Tuilaepa’s ‘perverse’ actions
• Samoan court voids appeal over additional women’s seat

Speaking on TV3 Samoa yesterday, Tuilaepa acknowledged the ruling to void the appointment of a sixth woman MP meant his HRPP has 25 seats to FAST’s 26.

Fiame told local media that with those numbers, they will be looking to meet with Tuila’epa to discuss his departure from office.

“We hope to meet with Tuila’epa, the leader of the HRPP and one who has been at the helm of our government, so we can discuss a transition based on the results as they stand of 26 FAST and 25 HRPP,” she said.

Tuila’epa, however, said he believed that his government was still the caretaker government until all election petitions and any resulting by-elections were completed.

In its decision the court said it held that the determination under Article 44(1A) of the Constitution must be made on the basis of the general election results as finally determined after the results of any electoral petitions under the Electoral Act 2019 and byelections pursuant to the terms of that Act.

Tuila’epa said it is clear that Parliament cannot convene until then.

“We have a chance to settle this in the traditional way,” he said.

It is not known when the meeting will take place.

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

A Court of Appeal decision today may pave the way for the FAST party to assume control of the Samoan government.

Samoa’s Court of Appeal has voided the legal challenge by a Human Rights Protection Party (HRPP) women’s candidate, who said she was wrongly removed as an MP.

Ali’imalemanu Alofa Tuuau had been appointed as the sixth woman’s MP by the Electoral Commissioner, but then had her appointment rescinded in a decision by the Supreme Court.

• READ MORE: Other Samoan constititutional crisis reports
• Samoa’s Fiame condemns defeated PM Tuilaepa’s ‘perverse’ actions

That decision gave the newcomer Fa’atuatua i le Atua Samoa ua Tasi (FAST) party the slimmest majority in the new Parliament, and this latest decision now confirms that.

But, as FAST party lawyer Taulapapa Brenda Heather-Latu explained, the court also ruled that six women MPs was the correct number under the Samoan system of reserving parliamentary seats for women.

“But, that the decision whether or not to add a woman to make up the six cannot be determined until after the electoral petitions and the byelections are complete,” she said.

“So that there is certainty as to the exact members that make up the Parliament.”

Attempts by FAST to assume power have been thwarted at several points by HRPP leader Tuila’epa Sa’ilele Malielegaoi, who had been prime minister since 1999.

What does this decision mean?
HRPP leader Tuila’epa welcomed the Court of Appeal’s decision in clarifying the interpretation of Article 44 of the Constitution, which allows for no less than 10 percent of the elected members of parliament to be women.

The decision clarified that 10 percent of the elected members should be calculated as six women, and not five, as the FAST Party argued.

But the Court of Appeal did not allow the Electoral Commissioner’s appeal, and said he acted unconstitutionally when he appointed the sixth woman member, Ali’imalemanu Alofa Tuuau.

The Appeal Court panel of Chief Justice Satiu Simativa Perese and Justices Tafaoimalo Leilani Tuala-Warren and Fepulea’i Ameperosa Roma said the sixth women’s seat could not  be declared until all election petitions, and any subsequent byelections, were completed.

Speaking on TV3 this afternoon, Tuila’epa confirmed that his party now had 25 seats.

The ruling indicated that if a woman should win a byelection then there would be no need to activate Article 44 of the Constitution.

Tuila’epa said he would again seek a meeting with the leadership of FAST to discuss the way forward, but he argued that his caretaker government would remain until all petitions and byelections had been completed.

Last week, the FAST party swore themselves in as the next government, installing leader Fiame Naomi Mata’afa as the Prime Minister.

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

Samoa’s 59th Independence Day has come and gone, without the usual fanfare and intense patriotism we have grown accustomed to from previous years.

What we’ve seen for the last few weeks and indeed months has tested the strength of our democracy at the highest of levels and the lowest of lows.

Our Independence document, our Constitution, set out the supreme law for self-governance. The preamble outlines what Samoa stands for as a sovereign nation.

• READ MORE: Other Samoan constititutional crisis reports
• Samoa’s Fiame condemns defeated PM Tuilaepa’s ‘perverse’ actions

IN THE HOLY NAME OF GOD, THE ALMIGHTY, THE EVER LOVING
WHEREAS sovereignty over the Universe belongs to the Omnipresent God alone and the authority to be exercised by the people of Samoa within the limits prescribed by God’s commandments is a sacred heritage.
WHEREAS the Leaders of Samoa have declared that Samoa should be an Independent State based on Christian principles and Samoan custom and tradition
AND WHEREAS the Constitutional Convention, representing the people of Samoa, has resolved to frame a Constitution for the Independent State of Samoa
WHEREIN the State should exercise its powers and authority through the chosen representatives of the people
WHEREIN should be secured to all the people their fundamental rights
WHEREIN the impartial administration of justice should be fully maintained
AND WHEREIN the integrity of Samoa, its independence, and all its rights should be safeguarded
NOW THEREFORE, we the people of Samoa in our Constitutional Convention, this 28th day of October 1960, do hereby adopt, enact and give to ourselves this Constitution.

The founding document of our government has undergone the toughest stress test it has ever had to go through, with poking and prodding and pulling and tugging from legal minds, concerned citizens, inquisitive media and the endless electioneering of politicians.

All while the silent backdrop of a global pandemic and economic recession keeps us wary of possibly greater perils.

So what is there to feel proud of this Independence Day?

Well, despite the challenges and political instability, we have not descended in to chaos or a state of anarchy. The people of this country continue to keep the engines moving, whether they are the struggling private sector or threatened public service.

While the question of Parliamentary majority remains unknown with an appeal pending before the Courts, and both the Faatuatua i le Atua Samoa ua Tasi (FAST) and Human Rights Protection Party (HRPP) staking their claims on the executive government, Samoa has remained peaceful and mostly respectful of each other.

Where we find deficiencies in leadership, we take the reins and steer our own families and communities towards peaceful accord.

There may be passionate differences of opinion, but for the most part we are still in this rocky boat together.

As we have seen with the unusual sight of protests in recent weeks, our people are able to defy cultural norms and use their constitutional rights to protest peacefully.

The Samoa Solidarity International Group (SSIG) protests were led by a woman. The Women Empowerment march was led by women. These are the pae and auli of our families and communities. They are generally seen to be the background advisors and soothsayers. And yet there they were, front and center on the national stage, speaking up for what they believe.

This year’s Independence may be a muted affair, but its significance is great as we remember the rights and privileges that come with being citizens of a sovereign nation.

All citizens have the right to freedom of speech and expression; to assemble peaceably and without arms; to form associations or unions and to move freely throughout Samoa and reside in any part.

We have seen this exemplified in recent weeks and months with the people of this country using their right to assemble and listen to election campaigning, to form supporter groups and debate one another on the merits of their chosen political affiliations.

This newspaper has also used its privilege to bring to light issues that best reflect its values and adherence to journalism standards and ethics.

All people are equal before the law and entitled to equal protection under the law. We have seen this in action as our Police have done their best to provide protection and lawful interventions across the board during this political crisis.

The Head of State’s Independence Address calls for a return to Christian values as a way to solve the political impasse. He called on the people of Samoa to reflect and remember our ancestors and those who fought for Samoa’s freedom, whose sacrifices enabled us to live as an independent nation.

This was his first public statement in over a week; since his proclamation to suspend an earlier call for Parliament to convene. He called on all leaders – church, government, private sector, political – and every citizen to seek guidance from God to solve the current political impasse.

The carefully worded speech by the Head of State acknowledges that our crisis will take all of us to fix. His reference to youth is also noteworthy.

“On this day, the youth of Samoa should feel the special pride of being citizens of a free nation; let us ensure this is a legacy they will be proud to pass on,” he said.

At this very moment in our history, the impasse is not a legacy anyone should be proud to pass on. But the peacefulness of our people, in this crisis, most definitely is.

Last year’s announcement of a muted national celebration, without a parade and the singing and dancing of villages assigned the honour of entertaining our dignitaries and our country, was met with disappointment. But we accepted the decision due to concerns over the coronavirus.

This year, a call to have another virtual ceremony to mark our 59th Independence, appears to be less about public health concerns and more about our political instability.

After all, how would you host an official celebration with two prime ministers staking their claim on this country?

So we are grateful for the resilience and independent spirit of our people, who took it upon themselves to host their own celebrations.

As shown in our Tuesday edition, Samoa Primary held their own Independence Day fete on Monday with tributes to Samoan tradition such as artwork displays, dancing and singing, the preparation and serving of Samoan food. They even had a float parade.

“Every year’s celebration is remembering our forefathers who have fought for the independence of Samoa and for that we give the opportunity to the students to expand their minds and research former leaders and also those who were fighting for the sake of our country,” said principal Anne Leauga.

On Independence Day itself, we witnessed a few community events starting with Falelauniu, where the Church of Nazareth braved the rain and put on a parade in the early hours of Tuesday morning.

Pastor Toeleiu Alatise told this newspaper that he hoped the youth find the spirit of Independence, despite there not being any national celebrations.

“It took two weeks to prepare this event for the children as we had received news that there will be no Independence celebrations, so we prepared this,” he said.

The Marist Old Pupils Association also came together and hosted their own Independence parade, flag raising and celebrations.

The keynote address was given by the Association’s Patron, 81-year-old Tuala Tom Annandale.

“I am happy to see each and every one of our Marist brothers participating in the celebration of the 59th independence day of Samoa,” he said.

“We leave politics aside and focus on the celebration itself as we are all one; we are all called the children of Mother Mary.

“Once you enter the gate, whatever title you have will stay behind gates. We are known as one.”

In whatever way you celebrated Samoa’s 59th Independence Day, we hope you did so in the spirit of appreciation for the great privilege we have been given, to live freely and to choose our own paths as individuals and as a nation.

The Samoa Observer editorial on 2 June 2021. Republished with permission.

Amid a mountainload of work this week in the [Samoan] Attorney-General’s Office – as the caretaker government’s lawyers look over the constitution for ways to “delegitimise” Monday’s Parliament swearing-in of Fa’atuatua i le Atua Samoa ua Tasi (FAST) party members – Attorney-General Savalenoa Mareva Betham-Annandale still finds time to issue another press release accusing the Samoa Observer of misinformation and “attempting to control the narrative”.

Savalenoa didn’t agree with the story titled “A.G. seeks interim orders to stop new Govt. transition” which was published on the front page of the Wednesday, 26 May 2021, edition of the Samoa Observer.

The story reported on plans by the Attorney-General’s Office to go to the Supreme Court to stop the transition of the new government, as the office was of the view that the swearing-in ceremony of FAST party members conducted outside the Parliament chamber, but within its precinct, on Monday afternoon is illegal.

• READ MORE: Attorney-General’s office attacks Chief Justice as Samoan political crisis deepens
• Fiame calls for Tuila’epa to end Samoa’s ‘enormous assault’
• Despite a veneer of democracy, Samoa is sliding into autocracy
  
• Samoan democracy hangs in the balance as a constitutional arm wrestle plays out
• Samoa’s stunning election result: on the verge of a new ruling party for the first time in 40 years
• Samoa incumbent leader needs to ‘get a grip’, says PM-elect Fiame
• FAST heading back to court to try and resolve political impasse in Samoa
• Other Samoan political crisis reports on Asia Pacific Report
• RNZ’s live updates
• The Pacific Newsroom’s updates
• What you need to know about the Samoa crisis
• The Samoa Observer editorial – Swearing-in strengthens nation’s foundation

However, the Attorney-General said the story is misconstrued and her Office didn’t seek an interim order to stop “new government transition”.

Instead, Savalenoa, says her Office filed two applications in the Supreme Court on Monday and Tuesday this week to declare that “the FAST purported swearing in as unconstitutional and unlawful”, and an ex-parte notice of motion is “seeking interim orders to stay and suspend the legal effect of FAST purported swearing-in as it is unconstitutional and unlawful”.

So can an English teacher tell us the difference between our article reporting on “plans by the Attorney-General’s Office to go to the Supreme Court to stop the transition of the new government” and the overall goal of the two Supreme Court applications which the Attorney-General specifically makes reference to in her press release?

Isn’t the ultimate objective of both the Attorney-General’s office-filed applications for declaratory orders and an ex-parte notice of motion about stopping the FAST party headed by Fiame Naomi Mata’afa from forming government?

It is incredulous seeing Savalenoa getting so worked up over a newspaper article – when the judiciary of which she is part and partial of and swore an oath to protect – continues to be ridiculed and kicked around like a football by the very people she continues to report to and represent in Court.

At the end of the press release, the Attorney-General claims that the “misinformation” by the Samoa Observer is this newspaper’s “attempt to control the narrative of what is actually happening”.

The charge by Savalenoa that this newspaper is attempting to “control the narrative” of this week’s events is ridiculous, especially when millions around the world, thanks to social media and Samoa’s mainstream media (including this newspaper), saw how the caretaker government locked the Parliament in breach of the Supreme Court orders, in an attempt to stop the swearing-in of the XVII Legislative Assembly.

Can the Attorney-General tell us where she stands on the decision by the Head of State, His Highness Tuimaleali’ifano Vaaletoa Sualauvi II, to overlook the Supreme Court’s orders in relation to the convening of the Parliament on Monday?

And was the Attorney-General privy to the decision by the Head of State to breach the order of the Supreme Court by suspending the convening of the XVII Parliament on Monday?

The honourable thing for Savalenoa to do a week or two ago, when it became obvious that the caretaker Prime Minister Tuila’epa Dr Sa’ilele Malielegaoi and Head of State would disregard the orders of the Supreme Court, was to resign, to not only protect the integrity of her office but to show citizens and the world that as a lawyer she cares about the rule of law and our democratic foundations.

But it has become obvious in the last week or so that she has chosen to walk a path which has coincided with the trampling of Samoa’s 59-year-old constitution – the very document that gives breath and life to her title and office as the Attorney-General of Samoa – and in the same vein witnessed the attacks on the Supreme Court and breaching of its orders without lifting a finger.

Attorney-General: how much more damage do our institutions that are key in the administration of justice in Samoa have to sustain before you step in and start upholding the constitution and the values it stands for in line with the responsibilities of your office?

But then we remind ourselves that we are not within the “secret whisper” circle with the caretaker Prime Minister, to afford ourselves the privilege of making judicial appointments such as the Chief Justice, and then turn around and cry wolf every time a court ruling goes against us and our interests.

Remember him talking during his press conference the other day of bringing in foreign judges because he didn’t trust the locally-constituted bench and accused them of favouritism?

It makes you wonder how much more does this country of under 200,000 people have to dance to Tuila’epa’s music simply because he didn’t like a court judgement.

There is no doubt that this constitutional crisis has left our judiciary battered and the long term-effect of the loss of public confidence in our courts and the rule of law will not augur for the future of this nation.

It is why the memo sent out by the Samoa Law Society on Wednesday –- which reminded all lawyers who are members of the society of their “fundamental duties” as practitioners of the law and as barristers and solicitors of the Supreme Court –- could not have come at a better time for the legal profession.

On the last page of the memo, the Samoa Law Society states in one of the paragraphs: “The danger of course, is that when the public is misinformed (inadvertently or otherwise) about the efficacy and value of the judicial process, the respect for the institution of the courts and the rule of law is lessened, and we are one step closer to anarchy and lawlessness.”

We continued to be in awe of the steadfastness of the Chief Justice, His Honour Satiu Sativa Perese and his justices as well as the judges of all levels of the courts in the face of adversity.

But the responsibility of upholding the rule of law does not just belong to His Honour and his justices as well as the judges and lawyers, but everyone who swore an oath to this nation, including the caretaker Prime Minister, the Head of State and the Attorney-General.

The Samoa Observer editorial on 28 May 2021. It has been republished here with permission.

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.

New battlelines in Samoa’s ongoing political crisis were drawn this week. After an evening swearing-in ceremony on the lawn of Parliament house, Samoa now has two governments claiming a mandate to rule.

What comes next will have vast ramifications for the Pacific nation, its region and for democracy globally.

On Monday, May 24, Fa’atuatua I Le Atua Samoa Ua Tasi (FAST) Party members, led by Fiame Naomi Mata’afa, arrived at Parliament house to be sworn into office following their one-seat election win on April 9.

• READ MORE: Despite a veneer of democracy, Samoa is sliding into autocracy
  
• Samoa’s stunning election result: on the verge of a new ruling party for the first time in 40 years
• Samoa incumbent leader needs to ‘get a grip’, says PM-elect Fiame
• FAST heading back to court to try and resolve political impasse in Samoa
• Other Samoan political crisis reports on Asia Pacific Report
• RNZ’s live updates
• The Pacific Newsroom’s updates
• The Samoa Observer editorial today – Swearing-in strengthens nation’s foundation

They found the doors locked by order of Tuila’epa Sa’ilele Malielegaoi, who has been prime minister for the last 23 years. By late afternoon, with the building still locked, the marquee swearing-in ceremony took place outside.

This was the 45th day since the election, the last date on which the newly elected parliament could sit according to Samoa’s constitution.

A constitutional arm wrestle
The unprecedented delay was due to a series of extraordinary maneuvres aimed at keeping Tuila’epa’s Human Rights Protection Party (HRPP) in power after losing its first election in 40 years.

By forcing the clock to run out on the 45-day limit for a new Parliament to convene, the HRPP would propel Samoa into uncharted constitutional waters, providing justification for another election.

The Head of State, Tuimaleali’ifano Va’aleto’a Sualauvi, had declared the April 9 election results void and that a second election be held May 21. On May 17, the Supreme Court deemed that declaration illegal, upholding FAST as the victors of the vote and ordering parliament to convene on May 24.

Then, on May 22, the Head of State abruptly announced Parliament was suspended until further notice. Fiame described this latest development as a “coup”.

In response, the Supreme Court held an urgent hearing on May 23. It again overruled the Head of State and ordered Parliament to sit on May 24.

Court and church lend legitimacy
The makeshift swearing-in ceremony gave Prime Minister-elect Fiame’s government legitimacy. The presence of the revered former Head of State, Tui Atua Tupua Tamasese Ta’isi Efi, aided the optics. The current Head of State, who has shocked many with his actions, was said to have left the capital, Apia, for a distant village.

Also legitimising the Fiame government’s swearing-in was the chairman of the Congregational Christian Church, Reverend Elder Iosefa Atapana Uilelea, who led the opening prayers. Until that point, the immense moral force of church leadership had not been activated to support either side.

Tuila’epa’s response at Monday night’s press conference was in character: FAST had been overtaken by “the devil”, had “mental issues needing professional help” and were akin to “the Mafia”.

More ominous was his accusing FAST of “stealing” his authority and “treason”.

Tuila’epa’s strategy to retain power has relied on an interpretation of powers of the head of state that have no basis in law or precedent. When these moves have been blocked by the Supreme Court, he has denounced it as illegitimate and ignored its decisions.

By contrast, Fiame (who was Tuila’epa’s deputy until late 2020) and her FAST members have exhibited professionalism, restraint, and faith in Samoa’s constitution, courts and the people who put them in power.

Now, new battlelines will be drawn over which government is the legitimate one and who adjudicates that critical point. This will entail more direct confrontation between the Head of State and Supreme Court, which will extend the deadlock.

How will the crisis be resolved?
Without a military, Samoa cannot resolve its crisis like neighbouring Fiji, where the army has staged multiple coups since 1987. In Samoa, the police occupy a pivotal role, but to date have acted peacefully and in accordance with the courts.

But since May 17, another factor has come into play. Samoa has attracted regional and world attention because Fiame is the first female leader of the country, and one of few in the region.

Since May 22, the world has watched Tuila’epa’s attempts to deny her power with great interest.

Samoa is a microcosm of US President Joe Biden’s recent description of the struggles between democracy and the autocratic political regimes favoured by Chinese President Xi Jinping. Samoa moved closer to China under Tuila’epa but that may now be reversed under Fiame.

So far, New Zealand’s prime minister, Jacinda Ardern, and Australia’s foreign minister, Marise Payne, have made cautious statements about their faith in Samoa’s democratic institutions.

In the coming days, New Zealand and Australia, the US, Japan, Britain, the European Union and the main regional body, the Pacific Islands Forum, must actively support Samoa’s democratically elected government in any way requested by Fiame.

Supportive words may soon be inadequate as Tuila’epa makes his next moves in what looks now like a naked power grab.

Dr Patricia A. O’Brien is visiting fellow at the School of History, Australian National University, and adjunct professor, Asian Studies Programme, Georgetown University. This article is republished from The Conversation under a Creative Commons licence. Read the original article.

Samoa’s Prime Minister-elect says she does not think the accusation of treason by the incumbent leader holds sway and suggested he his having a hard time letting go of power.

Samoa’s Attorney-General has filed a complaint with the Supreme Court, claiming yesterday’s ad-hoc swearing in of the FAST party MPs was unconstitutional.

The Supreme Court heard it for mention this afternoon, and set down a hearing for Thursday at noon.

• LISTEN TO RNZ MORNING REPORT: ‘I think since events yesterday we expect something to come from the courts and the judiciary” – FAST party spokesman Apulu Lance Polu
• READ MORE: FAST heading back to court to try and resolve political impasse in Samoa
• Other Samoan political crisis reports on Asia Pacific Report
• RNZ’s live updates
• The Pacific Newsroom’s updates
• The Samoa Observer editorial today – Swearing-in strengthens nation’s foundation

The Attorney-General named the FAST party leader, Prime Minister-elect Fiame Naomi Mata’afa, all of the party’s MPs and their lawyers as respondents.

In a statement last night threatening action, the Attorney-General’s Office said those who had conducted the ad-hoc swearing in ceremony held yesterday afternoon had no legal authority.

But today, FAST was maintaining that it is now the government – it has a majority, and was forced to act by the Head of State and parliamentary officials’ defying orders by the Supreme Court.

Incumbent Prime Minister Tuila’epa Sailele Malielegaoi was not backing down either, today again calling the FAST party’s actions a coup.

FAST barred from Parliament
FAST had been barred from entering the Parliament building after Tuila’epa, who has been Prime Minister for 23 years and leader of the defeated Human Rights Protection Party (HRPP), which had been in power for about four decades, directed the Speaker to lock the doors.

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

Fiame spoke to RNZ Pacific’s Don Wiseman this evening and said she did not think the accusation of treason, made by Tuila’epa yesterday, was a serious one.

“You might have recalled at the last Parliament he was throwing those threats at the four of us. We were the sole opposition in the House,” she said.

“Treason, it’s very well defined. It has a lot to do with killing people or plotting to kill people, having full frontal physical attacks. It’s nothing like that.

“So I think he just likes to stoke the fire and throw in big words like treason. I don’t think that [his accusation] is very serious.

Tuila’epa today suggested the judiciary had a bias towards Fiame, partly due to a family relation. Fiame said he “needs to get a grip.”

“It’s not a matter of bias. It’s a matter of the merit of the issues and the cases brought before the court.”

Bad legal advice
She suggested Tuila’epa was either getting bad legal advice or having lawyers tell him what he wanted to hear.

“Unfortunately, the lawyers are people in their official capacities, they’re not private lawyers for the HRPP.

“They’re sort of running the show for him. In fact if there’s anything more concerning for me, it’s that these public officials are not able to play their role and functions in an independent and impartial way. They’re just toeing the line.”

Fiame said Tuila’epa was getting to the end of a long career and suggested he was having trouble letting go.

“The thing that really happened, first and foremost, is that he was getting to that point in that long and distinguished career where he thought he was, you know, omnipotent and could now do whatever he liked. Now, he’s gone from being ‘chosen by God‘ to setting himself up as very god-like.

“The second thing, I think, was that before the election he was making predictions of having another landslide victory. So when the results came out I think that was quite a dire shock for him.”

On where the situation with the Parliament is at now, Fiame pointed out that HRPP MPs also faced a conundrum.

Issue of 25 HRPP MPs
“So I would imagine that if things return to normality, whether there is a formal recognition of that process, and just transferred into the records of parliament, or whether we have another… because of course the other issue is what happens to the other 25 HRPP MPs? Are they in fact invalid or now voided by the fact that they weren’t sworn in by the deadline. So that’s another issue that’s in abeyance.”

Fiame and two other members of the majority party appeared in court in Apia this morning where they pled not guilty to a private prosecution brought by Tuila’epa.

The legality of yesterday’s ceremony is still in question but a legal expert today told RNZ that FAST did not carry out a “coup”.

“Rather, they acted in a way which was necessary to prevent one,” Fuimaono Dylan Asafo wrote.

“By refusing to attend the first meeting of the new Parliament, it was the Head of State who first and foremost breached the relevant constitutional procedures and any relevant standing orders.”

Prayers for peace
The Pacific Conference of Churches this morning called on its member churches around the region to pray for peace and justice to prevail in Samoa, with general secretary Reverend James Bhagwan saying the situation was quite concerning.

“Particularly the to and fro between the political parties,” he said.

“I am not a political commentator in any way but we can see there is a need for this to be resolved and we hope that that can be done in a manner that finds resonance with the people of Samoa.”

New Zealand’s Ministry of Foreign Affairs today issued a statement calling on all parties to uphold the rule of law and respect the democratic process.

“We are willing to offer support to Samoa should that be useful during this complex period,” it said.

However, MFAT declined to answer a direct question about whether it recognised yesterday’s swearing-in ceremony as legal and official.

NZ faith in Samoan democracy
It would only say New Zealand “respects Samoa’s sovereignty and the mana of its democratic institutions, including the courts which have an important democratic and constitutional role” and that it recognised the “combined wisdom and experience of traditional and church leaders who will want to see a peaceful outcome”.

New Zealand “looked forward to working with a democratically elected” government, said the statement.

Prime Minister Jacinda Ardern said she had not spoken to the leader of either party since the election.

“We’ve joined with many others in just restating our faith in Samoa’s democracy,” Ardern said.

“It falls upon those within Samoa to demonstrate their faith in their own democracy too.”

The Ministry of Foreign Affairs said it was looking forward to working with a democratically elected government of Samoa.

Pacific Islands Forum ready to help, says Puna
The Pacific Islands Forum is urging all parties in Samoa to find a peaceful resolution to the current deadlock.

Its incoming Secretary-General Henry Puna said forum members were closely following events in Samoa, and the group was willing to offer support and step in to help if asked.

Puna, who is the former Cook Islands prime minister, also called for a moment of reflection and solidarity across the Forum for the people of Samoa, where post-election events were making global headlines.

“I ask each of us across our member nations to keep the people of Samoa in our thoughts and prayers at this time, knowing that Samoa’s sovereign process and the world-renowned Fa’a Samoa will prevail at this critical moment in their history.”

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

Samoa’s FAST Party is expecting to face another day locked out of Parliament today and is also predicting a long year ahead to resolve the country’s constitutional crisis.

Accusations of coups and treason are flying as the standoff between the majority FAST party and the defeated caretaker government shows no sign of ending.

The Supreme Court had ordered Parliament to sit, overruling the Head of State’s decision to cancel Monday’s sitting.

• LISTEN TO RNZ MORNING REPORT: ‘I think since events yesterday we expect something to come from the courts and the judiciary” – FAST party spokesman Apulu Lance Polu
• READ MORE: Other Samoan political crisis reports
• RNZ’s live updates
• The Pacific Newsroom’s updates
• The Samoa Observer editorial today – Swearing-in strengthens nation’s foundation

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

The FAST party of Fiame Naomi Mata’afa held its swearing in ceremony in a tent on the parliament’s grounds.

A spokesperson for the FAST party, Apulu Lance Polu, told RNZ Morning Report it was a day of drama yesterday but he did not expect Parliament would be open today for carrying on its normal business.

“But court cases are starting today so I can see that from yesterday it’s going to be a long day in terms of business for a new government and I think it’s going to be a long year in so far as trying to resolve the constitutional and political stalemate that is happening in Samoa at the moment.”

Significant events
Asked about the reasons for taking more court action, when the courts had already ruled in FAST’s favour, he said significant events occurred yesterday.

“I think since events yesterday we expect something to come from the courts and the judiciary.”

He said the threats from the caretaker prime minister, Tuila’epa Sa’ilele Malielegaoi, after the swearing-in meant he could be planning something, Apulu said.

Apulu repeated his accusation that the caretaker government is staging a bloodless coup.

“It’s the rule of law that has been stomped on by the caretaker government and they are claiming that it’s a constitutional crisis.

“There are cases before the court and they want those to be resolved first before any new government can be instituted.”

FAST was upholding the law yesterday because parliament needs to meet within 45 days of the election.

After 45 days the head of state will need to announce new elections which is what the caretaker government is wanting, Apulu said.

FAST needs to work out how it will get a smooth transition and be able to work with the government departments.

He can foresee some issues and the party will be looking to the courts for more legal direction on how this would be implemented.

Fiji Women’s Forum has congratulated F.A.S.T. party leader, Fiame Naomi Mataafa saying her elevation to head Samoa’s new government opens door for aspiring women politicians in the Pacific. https://t.co/ONeUO6SE2M

— Samoa Observer (@samoaobserver) May 24, 2021

Social media divisive, says Collins

The standoff in Samoa is also causing division in the diaspora, including in Auckland.

Some are taking to social media to air their views, and in the churches, there are prayers for calm and unity.

Manukau councillor Fa’anana Efeso Collins said that within Auckland’s Samoan community there was huge concern and uncertainty about what will transpire.

He told Morning Report he was confident the situation would not turn violent, in part because the high chiefs were maintaining their control within the villages.

“The challenge we have before us for our home nation is how there will be a transition to new government,” he said.

“What we saw yesterday with FAST having a swearing in outside on the grounds of parliament is quite mind-blowing really because we’ve never seen anything like it before.”

He said there was some way to go but he was confident there would be a peaceful transition at some stage.

There were prayers on Sunday and a lot of churches are calling for peace.

“I think there’s real sadness, I think there’s growing anger as well, there’s frustration depending on where you sit on the political fence.”

Comments on social media were showing the level of frustration and are detrimental, he said.

There are deeply entrenched levels of support within families and villages for each party.

“So we’ve got to be careful, sensitive around our comments which is why there’s an ongoing call for peace and calm especially from those who are outside of Samoa looking in and feeling disappointed at what’s happening at the moment,” he said.

“It’s important that we stay connected to our families that are there.”

Court battle predicted in Samoa
Correspondent Autagavaia Tipi Autagavaia told Morning Report there may be another court battle.

He said Fiame Naomi Mata’afa said last night that her FAST party intended to start its newly formed government.

“But the caretaker prime minister, in his announcement last night after the swearing in ceremony, has called on the country to stay calm,” Autagavaia said.

“He met all the chief executive officers of the public service and then reminded them that … the caretaker government is still in power and to look after the country until such time as parliament will be called to be sworn in.

“I understand the Attorney-General last night issued a statement saying that the swearing in that happened yesterday is unconstitutional and unlawful.

“So the crisis is getting deeper and I’m sure it will go back to court.”

Leader of the Human Rights Protection Party Tuileapa Dr. Sailele Malielegaoi said he would challenge Monday’s swearing-in ceremony held by F.A.S.T. https://t.co/y4otJ0YRrr

— Samoa Observer (@samoaobserver) May 24, 2021

Despite the division and support for rival parties, people were calmly awaiting the outcome of court rulings, he said.

“When we left the Parliament House about 7 in the evening we saw the ruling HRPP headquarters with many cars there, and members of the caucus of the HRPP camping in their headquarters, but there was no tension – people are still staying calm.”

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

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.

• READ MORE: Samoan judiciary sends powerful rule of law message over ‘coup bid’
• FAST party locked out of Samoa’s Fale Fono as election turmoil continues
• NZ’s Ardern appeals to Samoans to uphold democracy as crisis deepens
• Other Asia Pacific Report articles on the Samoan crisis

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.

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

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

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

• READ MORE: Other stories on Asia Pacific Report
• Regular updates on The Pacific Newsroom
• RNZ updates on the crisis

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• READ MORE: Regular updates on The Pacific Newsroom
• Samoa’s Speaker disregards Supreme Court ruling
• Supreme Court upholds original proclamation in Samoan crisis

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

Ardern hailed the independence of the judiciary.

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

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

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

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

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

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

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

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

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

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

He later became Head of State.

Samoa’s Parliament will convene tomorrow as originally planned

The Supreme Court has issued orders to uphold the original proclamation, dated 20 May 2021, by the Head of State of Samoa to convene the country’s 17th Parliament following the April 9 general election.

The orders of the court were signed and issued today in an unprecedented urgent Sunday sitting by Chief Justice Satiu Simativa Perese with Justice Tafaoimalo Tologata Leilani Tuala-Warren and Justice Vui Clarence Nelson.

• READ MORE: Samoa Supreme Court hears FAST party challenge over shock edict

The court orders declare the original Proclamation of the Head of State as lawful while stating that any subsequent or conflicting declarations were not aligned with the Constitution, and also went against recent judgments of the court.

Speaking to the media outside court, former Attorney-General Taulapapa Brenda Heather-Latu confirmed the court orders had addressed a challenge filed by Latu Lawyers on behalf FAST party, challenging the late night proclamation by the Head of State to suspend the opening of Parliament.

“Those were basically the two orders.”

Is Samoa in a constitutional crisis? https://t.co/ILl6ohKEQM

— Te Ao with MOANA (@TeAoWithMOANA) May 22, 2021

Asked if the nation could expect another move to “sabotage” Parliament convening in the next 12 hours, Taulapapa said her clients, the FAST party, stood prepared for anything further developments.

FAST party ‘prepared’
“Our clients are prepared to address anything else that might come up, and continue to rely on God’s grace.”

A special sitting of the Supreme Court was held 11am today following an application by FAST lawyers led by former Heather-Latu challenging a late night proclamation by the Head of State issued by email from the Government Press Secretariat at 9.09pm last night.

The second proclamation issued within 48 hours by Samoa’s Head of State HH Tuimalealiifano Va’aletoa Sualauvi II sent a wave of shock through the nation, as it proclaimed a suspension on his original writ, and postponed Parliament from convening tomorrow morning.

The court also directed that a copy of the orders be given immediately to the Clerk of the Legislative Assembly.

Meanwhile, in another twist to yesterday’s proclamation, RNZ Pacific reports that the Head of State has departed his official residence in Apia’s Vailele and returned to his village of Matautu-Falelatai on Upolu’s south-west coast.

The move has included a police guard, reportedly for his safety.

Last week, a bus load of matai from the village arrived at his residence in the capital to offer their support after some threats had been made against him on social media.

RNZ Pacific correspondent in Apia, Autagavaia Tipi Autagavaia, said the Tuimaleali’ifano left Vailele yesterday after making the latest proclamation.

“And moved to his village. He’s now there and operating from his village of Matautu-Falelatai. And now you see police officers are there protecting him.”

The Head of State’s village is nearly two hours from the capital, Apia.

Sina Retzlaff is a Samoa Global News website journalist.

So it’s clear: the @nytimes seems to be doing a better and more committed job of covering the Samoan election than the whole NZ media. (Excepting Radio NZ Pacific–which is tasked with Pacific, and which still doesn’t have someone in Samoa). #Embarrassing #nzpol #palota2021 https://t.co/moVXQJI9kP

— Damon Salesa (@DamonSalesa) May 22, 2021

An urgent legal challenge against a shock proclamation by the Samoan head of state is being heard in the Supreme Court Chambers in Apia.

Without explanation, the Head of State Tuimalealiifano Va’aletoa Sualauvi announced he was suspending tomorrow’s sitting of Parliament.

The opposition FAST party had been expected to secure a majority of seats when the assembly sat.

• READ MORE: Sitting of Samoa parliament cancelled – constitutional turmoil deepens
• Sunday chamber meeting called by Chief Justice – Samoa Observer
• A late-night proclamation stops a woman from leading Samoa – New York Times
• Other Samoan constitutional crisis reports

The FAST’s lawyer, Taulapapa Brenda Heather-Latu, told the Samoa Observer the suspension was unlawful and the party was seeking court orders to allow Parliament to re-convene tomorrow.

RNZ Pacific’s correspondent, Autagavaia Tipi Autagavaia is at the Supreme Court and said police were covering all the entry points.

He said police had told him and other media that they could not enter the Supreme Court compound.

He said eventually a court official explained to the officers that the media could come onto the compound and wait in the car park.

Autagavaia said this was the first time in his many years of reporting that the Supreme Court had sat on a Sunday.

There were also reports that Court of Appeal judges were on standby, awaiting the outcome of today’s challenge.

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

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

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

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

• READ MORE: Other Samoan election reports

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

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

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

The decision

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

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

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

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

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

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

— Samoa Observer (@samoaobserver) May 21, 2021

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

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

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

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

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

Lagi Keresoma is a Talamua Online journalist.

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.

• READ MORE: FAST leader delighted but struggle for political control in Samoa drags on

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.

The struggle to decide Samoa’s government is headed back to court, as both main political parties continue to stand firm on their beliefs following a Supreme Court ruling dismissing a call for a second election.

The Supreme Court yesterday threw out the Head of State’s move toward a second election to break a post-election stand-off where neither major party had formed a majority.

A move by the Electoral Commission to add an appointed women’s seat, awarded to the incumbent Human Rights Protection Party (HRPP), was also thrown out.

• READ MORE: Other Asia Pacific Report articles on the Samoa elections fallout

In a brief televised statement following the ruling, the leader of the Faatuatua I le Atua Samoa ua Tasi (FAST) party, Fiame Naomi Mata’afa, called on the Clerk of Parliament to convene a sitting of the House so members can be sworn in and a new government formed under her leadership – “as the Prime Minister elect” – to carry out the business of governing.

Fiame said that the rule of law had prevailed.

“We now have answers to our cries for relief, the Supreme Court has now pronounced the law. We must now obey and act in accordance with the law,” she said.

Fiame also called on all public servants, including all heads of ministries and government organisations, to carry out their duties “independently and impartially”.

HRPP remains in power
Caretaker Prime Minister Tuilaepa Sa’ilele Malielegaoi said his government would remain in power and carry on the business of governing until all election related matters before the courts were dealt with.

Caretaker Prime Minister Tuilaepa Sa’ilele Malielegaoi versus leader of the FAST party Fiame Naomi Mata’afa … 75 petition cases mean power struggle will drag on in courts. Image: Tipi Autagavaia/RNZ Pacific

In a televised broadcast on Monday evening, Tuilaepa told the country there would be an appeal against the Supreme Court’s ruling against the decisions taken by the Head of State and the Electoral Commissioner.

Tuilaepa, head of the HRPP, said the verdict on the decision to invoke the additional women’s seat in the House had not dealt with the main issue at hand.

“For these reasons, these decisions will be appealed,” he said.

The unanimous verdict reached by a panel of justices of the Supreme Court on Monday now gives the Faatuatua ile Atua Samoa ua Tasi (F.A.S.T.) party the majority to form Government with 26 seats to their rivals, the Human Rights Protection Party’s 25. https://t.co/N8GenKD48a

— FAST_Party (@fastparty_ws) May 17, 2021

According to Tuilaepa, 28 election petitions were filed after the elections as well as 28 counter suits, and all needed to be dealt with by the courts.

He also revealed 19 more cases had been filed last Friday by HRPP against the FAST party.

“That is 75 cases, and these include criminal charges against their leaders,” he said.

Petitions go ahead
Tuilaepa said the election petitions would go ahead, and there would be many by-elections called in the weeks to come.

He pointed out that would drag the process further, but that his government had offered the best way forward by accepting the Head of State’s call for fresh elections.

He also revealed that HRPP lawyers had offered to drop all election petitions and head to new elections, but that had been rejected by FAST lawyers.

“So we will now continue with these cases,” he said.

It is not clear when the petitions will start to be heard in the Supreme Court, but Chief Justice Satiu Simativa Perese two weeks ago told lawyers handling the cases to prepare for the hearings.

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

The new elections in Samoa called by the Head of State for this Friday, May 21, cannot proceed as they were not called under any legal authority and is accordingly voided, the Supreme Court has ruled.

So concluded the 28-page court ruling delivered by Chief Justice Satiu Simativa Perese this afternoon.

The other presiding judges were Justice Vui Clarence Nelson and Justice Tafaoimalo Leilani Tuala Warren.

• READ MORE: Samoa’s Supreme Court dismisses Head of State’s call for fresh election

“We respectfully tender our view and judgment that the Head of State does not have the power to call for a fresh elections as he did on 4 May 2021 for 21 May 2021,” said the Chief Justice.

The decision also highlighted that:

• There is no lawful basis for the Head of State calling for a new election on 21 May 2021;
• The writ issued under section 52 of the Electoral Act 2016, dated is not issued under any legal authority and is accordingly voided;
• The declaration made above means the result of the April 2021 general election and the relevant writs associated to the results continues to be valid and lawful;
• The Head of States attention is directed to the requirements of Article 52 and the Head of States obligations under the Constitution to call a meeting of the Legislative Assembly within 45 days of the holding of the general election.

The Faatuatua i le Atua Samoa ua Tasi – FAST Party challenged the Head of State’s proclamation as unconstitutional and unlawful and the case was heard by the court last Friday.

Acted for best outcome for Samoa
The Chief Justice said that the Head of State provided his reasons for the proclamation and acted on what he believed was the best outcome for Samoa.

“There is no basis for any suggestions that the Head of State acted with malevolence,” the Chief Judge said.

Based on the issues raised from this legal challenge, the Chief Justice said that the court was mindful that the office of the Head of State should have access to public funding and resources and independent legal advice.

“In the 21st century, the burden of the office has greatly increased, and much of the work is concerned with implementing the government of the day’s advice, and in that regard it is appropriate for the Head of State to receive advice from the Attorney-General as mentioned in Article 44(2),” said Chief Justice Satiu.

As for costs, 20,000 talā (NZ$11,000) was awarded to the applicants to be paid within 30 days of delivering the decision.

Outside court, the FAST Party Deputy leader, Laaulialemalietoa Leuatea Polataivao said the decision had opened up everything and he acknowledged the country’s support and prayers as well as the lawyers.

The FAST leading counsel, former Attorney-General, Taulapapa Brenda Heather Latū, said the decision meant no election as proclaimed by the Head of State.

FAST celebrating
In front of the court front steps, hundreds of FAST supporters in bright red were waving Samoan flags and singing hymns once the decision was relayed to them.

La’auli and the lawyers met with the supporters and thanked them for their support and invited them all to the FAST Party camp for the evening prayer service.

It was the FAST party’s second victory in court in one day. Later in the evening, caretaker Prime Minister Tuilaepa Sa’ilele Malielegaoi said on the state owned radio that the decisions would be appealed.

Tuilaepa also did not acknowledge the 26 members FAST claimed to have, saying the Human Rights Protection Party (HRPP) had 25 members to FAST’s 24 plus two Independents.

Samoa is to hear on Monday whether fresh elections will go ahead next week.

The Supreme Court heard challenges yesterday to the new ballot called last week by the Head of State, Tuimaleali’ifano Va’aletoa Sualauvi II.

Chief Justice Satiu Simativa Perese said the hearing would test the extent of the powers held by the Head of State – O le Ao o le Malo.

• READ MORE: Samoa elections – Resourcing local Pacific media to boost wider ‘connected’ reportage
• Samoa is experiencing a bloodless coup

Tuimaleali’ifano called the vote on the advice of the caretaker Human Rights Protection Party (HRPP) Prime Minister Tuila’epa Sa’ilele Malielegaoi, purportedly to break the 26-seat each deadlock with the newcomer Fa’atuatua i le Atua Samoa ua Tasi (FAST) party.

FAST challenged the new ballot, contending Tuila’epa’s advice meant the Head of State decreed a course of action which deviated from a process set out in the constitution.

FAST’s co-counsel at the court hearing, Taulapapa Brenda Heather-Latu, said it was “a substantive hearing of the constitutional challenge… and a decision will be given at 3 o’clock on Monday afternoon”.

Also on Monday, the court will hear a separate FAST party challenge to the validity of the electoral office’s awarding of an extra women’s seat to the HRPP, which created the current deadlock.

Additional seat at issue
If both decisions find in favour of FAST, according to Taulapapa, a former Attorney-General, the additional seat would then be removed.

“Which means they [FAST] can go to the clerk and the Head of State and ask the Parliament to be convened, and they have the majority to form government,” she said.

However, if the court finds against FAST in the electoral matter but in their favour in the case of the additional women’s seat “then we’re actually back at 26-25 for FAST” noted Taulapapa.

“And I guess we’ll have to have another election next Friday.”

However the snap-election in that situation would become the subject of a further challenge, she added.

“Because it does not meet any of the normal requirements for a general election.”

Taulapapa contended that a snap-election being called when legal challenges had not yet been heard and exhausted “disallowed the votes of 89,000 Samoan people”.

Unlawful, say submissions
“In the submissions that we made before the court today that was unlawful,” she said.

“And it effectively pre-empted the ability of parliament and all those elected representatives to sit down and find out if there was someone that had the majority who could form government and become our new prime minister.”

Samoa’s constitution prescribes a process to be followed after election results are called and Taulapapa said this had been forsaken.

“The forming of government is a function of the elected representatives. It’s not a function of a Head of State and it’s not a function of an un-elected official.”

Meanwhile, the caretaker HRPP government has made Thursday and Friday public holidays in anticipation of the new ballot. Pre-polling is set to begin on Wednesday.

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

After 23 years with one political party and one prime minister in charge, Samoa’s general election last month delivered a surprise neck-and-neck result. But it was barely reported in most national media outlets here. How come? And what might improve the situation?

For a while, it seemed like Prince Philip’s death was the only news story in the world.

On Saturday, April 10, TVNZ’s 1News set aside the first 40 minutes of its 6pm bulletin for it – after which even the sports news dutifully noted his connection to New Zealand yachting.

• READ MORE: Hayden Donnell’s full Mediawatch item – Samoa election cliffhanger overlooked locally

The Herald, Stuff, RNZ, and Newshub also gave the Prince blanket coverage.

Not everyone was happy with the media’s dedication to the story. In the UK, the BBC had to set up a dedicated form on its website to handle the 100,000 complaints it received over its coverage.

Audiences in Aotearoa weren’t unanimously overjoyed with our newsrooms’ focus on the Prince either.

There were predictable complaints from republicans, but as the weekend wore on more people pointed out the disparity between the coverage of the prince’s death and the Samoan election.

For nearly two days, RNZ was the only major New Zealand news website carrying information about the election results, and analysis of the outcome. Its coverage was carried out by RNZ Pacific, which has a team dedicated to reporting and broadcasting Pacific news and issues across the region.

Hayden Donnell of RNZ Mediawatch talked to Auckland University Pacific studies lecturer Seuta’afili Dr Patrick Thomsen in the wake of the April 9 election and before a fresh ballot due on May 21 (pending court challenges). Here is the transcript of the interview:

Monumental result
Besides the obvious fact that it is a significant political event in one of our closest neighbouring countries, can you explain why this particular Samoan election is so newsworthy and historic?

Since 1982 the Human Rights Protection Party (HRPP) has been in power and the current Prime Minister, Tuilaepa Sa’ilele Malielegaoi, has been prime minister since 1998. There has been almost four decades of continuity in terms of the political leadership of Samoa, and in 12 to 18 months the current government has seen its stranglehold over power unravel. That goes back to the measles epidemic, I think. There was a lot of discontent in Samoa over the way the government handled that. It’s very monumental that we’ve had a political party [opposition FAST Party led by Fiame Naomi Mata’afa] come through so quickly within 12 months to challenge the status quo in many different ways.

It is a dead heat right? It’s 25-all with an independent seat that will decide the election so it couldn’t be more of a cliffhanger [the independent seat and a controversial sixth women’s seat created a 26-all dead heat before the Head of State called a new election on May 21]. You tweeted that you didn’t understand why the New Zealand media pretty much wasn’t covering the election especially in our two biggest websites, Stuff and The New Zealand Herald.

Samoa’s election result still sit on a knife edge. I don’t understand why NZ media aren’t running more in-depth stories about this considering our “connections” to Samoa. The numbers are truly astonishing! https://t.co/FP2faXaGuL

— Patrick Thomsen (@_PatrickThomsen) April 11, 2021

I think about the conversations we’ve been having recently about the lack of Pacific representation in our newsrooms, but I’d go further to also ask ourselves as a country, whose knowledge and whose communities do we value more? And then we can start to think about why our journalists chose to specifically focus on Prince Philip’s death. That was a momentous occasion for New Zealand as a former British colony, so if we have predominantly Pākehā men on our airwaves there will be things that will be emphasised from those particular perspectives.

We’re almost putting the cart before the horse here. We’re asking why the media isn’t covering a Samoan election. Is it that we’re asking them to do this but maybe they’re not even necessarily connected to Samoan and wider Pasifika communities just down the road from them?

Absolutely. I grew up in South Auckland among the Samoan community, which was very connected, and we had our own forms of media. Radio 531pi, which is now the Pacific Media Network, but the only people who are covering our communities are ourselves, so that begs the question around who we value in this country. Why is it our journalists don’t feel comfortable, or don’t have connections to Pacific communities. There’s a bigger question there.

On the subject of commercial media. They’ll say “these stories aren’t being consumed by our audience as much as a story on Prince Philip’s death”. There are 120,000 Samoan people in Auckland, 200,000 in New Zealand, is it a sign that market has disengaged from some of these mainstream sources like the Herald or Stuff?

I think you’ve hit the nail on the head there. I think our communities have disengaged with a lot of these mainstream publications, especially the mainstream outlets specifically because the stories they do report on are quite hyper-sensationalised and they’re not exactly the most flattering stories. A lot of them will depict a lot of the problems within our community as a way in which they can engage their readership, because they have specific readership and we’re not that readership, and I think this also ties to the fact that our communities here in New Zealand generally are marginalised and experience social and economic deprivation in a way that prevents them from being an audience that these commercial outlets would want to pitch to. They can’t make any money off us in their point of view.

But that’s not necessarily true, is it? There are organisations that do serve Pasifika people. It’s not an impossible market to target if you actually have a connection to it?

If you focus on one thing, you tend to miss others, right? And so these commercial outlets probably won’t see the Pacific audience until someone demonstrates the value they can provide for the outlet. For a broadcaster like RNZ that has a mandate that’s sort of broader, it gives you an opportunity to think about this.

A lot of the coverage there was in organisations like Stuff or the Herald or Newshub was actually published through a content sharing agreement with RNZ, so it was RNZ Pacific’s content. Are you worried that these content sharing agreements that RNZ has set up with these media organisations might mean they’ll opt out of doing their own coverage of the Pacific.

It does give a mechanism for organisations to put it in the too hard basket. It’s great that RNZ is willing to share its content but then the Samoan election — we’re using this as an example — there is of course the surface-level reporting you can do where you can just report on what actually happened, but in terms of the different impacts this will have on the different facets of Samoan society, that sort of in-depth reporting goes missing. Having those share agreements in place really removes the incentive for these outlets to seek out those really differing perspectives, that depth, the things that will help generate understanding among its readership of a community. So we’ve got to be careful it doesn’t allow media outlets — even if you’re a commercial entity you have a responsibility to the public in a way other enterprises don’t — it allows them to vacate that social responsibility.

You pointed to TVNZ’s Breakfast as an organisation that got things right. Why do you think things were so different there?

I think it’s because of the efforts of John Campbell and his team. He’s taken the time to come and speak and listen to many people in our community. He’s also advocated for the recruitment of Pacific presenters and staff members within the Breakfast team, so his relationship is one that’s backed by action, which is why he’s respected among Pacific communities. Though there are times that I’ve disagreed with some of the things that he’s covered, it’s always come from a place of understand that our communities are on the same level as he is. He doesn’t assume anything about us, he really tries to understand and listen, and I do know he was instrumental in helping to shape positions for Pacific and Māori women within his team. So structurally there’s a problem, but there are things that we can do as individuals if we are in positions of power.

We’ve also lost a lot of our Samoan language publications and organisations in the last year. The Samoa Times was shut down in June. The Pacific Media Centre is going through a lot of upheaval after the retirement of its leader David Robie. How much of an impact do you think these things had on the lack of coverage of the Samoan election?

When I was young there were a few more Samoan newspapers but the majority of those newspapers were written in Samoan, which is important for the continuation of the language but we do know there are a lot of youngsters in New Zealand who can’t speak Samoan. So they wouldn’t have been able to access a lot of those newspaper articles. The type of political analysis which is quite sophisticated which are written in those newspapers — the type of thing we’d like to see written in the newspapers in this country — there are outlets locally in Samoa that provide that like the Samoa Observer that have a bunch of talented local journalists. It might be developing those relationships with regional outlets, rather than just developing what we are missing here. Our relationship to the Pacific is something that needs to be cultivated here.

If someone put you in charge of Pacific media coverage in New Zealand, what are the big changes you would make?

I would actually go and talk to our communities first and foremost. Pacific ways of doing things means you go back to your communities and you find out what they want, and what they need. Personally the arm of RNZ that looks at the Pacific in particular, I would resource that a lot more. I would institute an internship programme that targets journalists that want to do work in the Pacific, and I’d have Pacific journalists and lecturers be the ones that come in and help to develop that. A third thing I’d do is develop or work with specific training organisations to have a specific training model instituted so reporters are more sensitised to what it means to work and report on Pacific communities.

EDITORIAL: The nation has been plunged into a constitutional crisis and the caretaker Prime Minister has shown himself to be utterly incapable of solving it in a constitutional fashion. https://t.co/2Q3oreXIlN

— Samoa Observer (@samoaobserver) May 12, 2021

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

The caretaker Prime Minister, Tuilaepa Dr Sa’ilele Malielegaoi, thinks the newspaper you hold in your hands is dedicated to trying to “tear down” the Samoan government but the broader economic progress of Samoa.

So, reader, are you subsidising borderline treachery by having paid for the edition you hold in your hands?

We certainly don’t think so. This newspaper has been part of Samoan public life for longer than the Human Rights Protection Party (HRPP) and Tuilaepa Dr Sa’ilele Malielegaoi. And for all these 43 years we have lived by a simple rule: telling truths, however uncomfortable, is the best thing for our country.

• READ MORE: Samoa Observer trying to tear down Govt – Tuilaepa
• Samoan elections

Our loyalties belong to our readers, the people of Samoa, and the truth and nothing and no one else. We consider not telling the truth about failures of government or corrupt goings-on to be the height of disloyalty to one’s country.

Tuilaepa’s statement was not entirely surprising to us but further evidence that he evidently lives by the saying that consistency is a preoccupation of small minds.

Many would have noticed that the Prime Minister’s office space at the Human Rights Protection Party Headquarters has as its backdrop several articles from what he this week described (and later retracted as a ) “vile” and “miserable” tabloid.

It is a strange thing indeed for a leader to have clippings from the pages of what he has described as essentially a magazine subversive to national loyalties.

Flattering coverage
There is after all an alternative, government-owned newspaper in this country and one that has not been short at all of flattering coverage of the Prime Minister that could serve as alternative decoration.

But perhaps he’s taken these pages down following the front-page article of this edition of the Weekend Observer.

On Thursday, Tuilaepa asserted that it was very typical of Samoans to try and tear each other down even when they are trying to do good.

“That’s like this paper, the [Samoa] Observer. Everything [they publish] is incorrect, I do not know when they will correct it,” he said.

“Others try to do something good while others try to tear it down […] just like the Samoa Observer newspaper.

“Whatever happens, they never report about anything bad from other political parties, but when it is criticism from something very minimal, oh, the [Samoa] Observer would be so full of a collection of irrelevant reports on it.”

We would beg to differ with the caretaker Prime Minister’s observations. But of course we would; no one would admit to harbouring such a rotten agenda as to seek to sabotage this country.

So we suggest you don’t take our word for it but rather Tuilaepa’s own.

‘Loved’ Samoa Observer
It was earlier this year that the then-Prime Minister said that he “loved” the Samoa Observer.

He was mixing his words with a touch of irony but as the old Russian saying goes: in every joke, there is a trace of a joke. And in this case, he was obviously making a serious point about the deficiencies of this country’s state-owned media empire and its inability to ask questions of him during press conferences.

He reproached the announcers at the state-owned radio station 2AP for deriving all the questions they asked of the Prime Minister from the Samoa Observer.

“Even though I make harsh comments towards them most of the time, I still love the (Samoa) Observer,” he said.

“You guys then go and read their articles and use those articles to formulate the questions you ask me during our weekly programmes.

“That is how you get your questions and that is what makes these interviews interesting, but it’s all because of the issues highlighted in the Observer.”

If Tuilaepa truly desired scrutiny he would have invited us to ask him unscripted questions at press conferences over the last two years for which he was in power. We never requested nor required what the Government Press Secretariat styled as the special “privilege” of being the only media outlet obliged to submit questions in advance to the Prime Minister.

Returning scrutiny
Returning scrutiny to your press conferences, Tuilaepa, is only a phone call away.

But let’s consider the Prime Minister’s broader accusation. Do we set out to undermine the credibility of our government?

No, we just do our job every day.

Politics is about power. Journalism is about asking questions about how that power is exercised to ensure that it is in the interest of the public.

In recent times at the Samoa Observer, this has involved a range of stories.

We of course measured the multi-million dollar airstrip at Ti’avea Airport – sold to the public as an alternative to Faleolo International Airport – and found it three times too small to land a passenger jet. There were plenty of questions there.

In 2019, we asked why the government was continuing to downplay the possibility that Measles had reached Samoa when, as we then revealed, an isolation unit for the disease had already been established at the national hospital.

Protecting the youth
More recently, we asked why the government had ignored the advice of its own advisory committee, issued months before, to move quickly to protect the youth of the nation before the disease ravaged the health of Samoa’s children.

Is it the Prime Minister’s contention that we should not investigate matters such as these and ask questions about them? Especially when, by his own admission, state-media employees are not providing scrutiny or even ideas off their own steam.

To be frank, we don’t much care. Our responsibility is not to please the powerful – far from it. But it is obvious that governance in Samoa would be much the worse without a critical press.

But as to the accusation that we are biased, in fact, whichever way misdeeds draw our attention our reporters will follow.

So it was with our critical editorial and coverage of the Faatuatua ile Atua Samoa ua Tasi (FAST) party manifesto. We asked how the party planned on funding a policy platform that would almost double the size of the national budget at a time when the economy was shrinking faster than ever.

What about our March front-page story that three electoral committee members from the party were facing charges relating to election forgery?

(Note the party, which is not happy with our journalism, denied this story but has refused to say what the titles of the people arrested were. Until it does so, we stand by our reporting.)

Taking on all comers
The Samoa Observer takes on all comers and has always done so.

If we sense that the rules are being breached or the people of Samoa are being hard done by we will report on it. If we believe that the ongoing level of poverty in this nation is obscene, as we do, we report on it.

What is the alternative of a country without a newspaper with a critical edge?

We see it regularly in the Prime Minister’s press conferences where a sense of apathy radiates around the room as announcers tee up the Prime Minister with questions that fit his agenda.

Question marks loom particularly large over Samoa’s democracy at the moment. The final institution of government standing between Samoa and dictatorship appears to be the judiciary.

Tuilaepa has done his best to undermine that institution through casting aspersions.

But we can assure you that whatever the caretaker Prime Minister says about us will make us think twice about publishing a story.

This editorial was published by the Samoa Observer on 8 May 2021.