The Paris-based global media freedom watchdog Reporters Without Borders has called on the Samoan Prime Minister to lift the ban preventing the daily newspaper Samoa Observer from attending government press conferences.

“The measure is totally unacceptable — it comes after one of its journalists filed a complaint over violence committed by the PM’s security officers,” said RSF in a post on its BlueSky news feed.

Samoan Prime Minister La’aulialemalietoa Leuatea Polataivao Schmidt “temporarily” banned the Samoa Observer on Monday from engagements with him and his ministers, triggering a wave of condemnation from Pacific and global media freedom organisations.

#Samoa: RSF is calling on the Prime Minister to lift the ban preventing the daily #SamoaObserver from attending government press conferences. The measure is totally unacceptable — it comes after one of its journalists filed a complaint over violence committed by the PM’s security officers.

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— RSF (@rsf.org) November 20, 2025 at 5:47 AM

• READ MORE: Regional Pacific student journalists condemn Samoa PM’s ban as ‘deeply troubling’
• Samoa editor says media freedom under attack in response to PM’s ban
• Samoa Observer: The PM’s wish and our promise – editorial
• 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 media reports

As other criticism of the Samoan Prime Minister continued to flow during the week, former prime minister and leader of the Samoa Uniting Party, Fiame Naomi Mata’afa, said the ban was a “clear attempt to silence scrutiny” and a serious decline in Samoa’s democratic standards.

Quoted in the Samoa Observer today, Fiame said that when a person held public office, transparency was an obligation, not a choice.

She warned that democracy weakened not through a single dramatic event, but through a series of actions that slowly eroded transparency and silenced independent voices.

Fiame said the banning of a major newspaper like the Samoa Observer could not be viewed as a simple administrative decision.

“It is an act that strikes at the heart of media freedom, a right that allows the public to understand and question those who hold power,” she said.

Fiame reflected on her own time as prime minister, noting that no journalist or media organisation had ever ever been shut out, regardless of how challenging their questions were.

She said leadership required openness, accountability, and the ability to face criticism without fear or restriction.

Meanwhile, the Samoa Observer’s editor, Shalveen Chand, reported that the Journalists Association of [Western] Samoa (JAWS) had also urged Prime Minister La’aulialemalietoa to reconsider the decision and lift the ban on the newspaper’s journalists from attending his press conferences.

JAWS said in a statement it was deeply concerned that such bans might “become the norm” for the current government and for future governments.

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.

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

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

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

• READ MORE: Samoan PM Fiamē advises dissolution of parliament, calls for snap elections
• Other Samoa politics reports

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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.

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

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

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

• READ MORE: 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

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

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

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

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

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

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

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

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

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

Time will tell.

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

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.

As CHOGM came to a close, Samoa rightfully basked in the resounding success for the country and people as hosts of the Commonwealth leaders’ meeting.

Footage of Prime Minister Fiame Naomi Mata’afa swaying along to the siva dance as she sat beside Britain’s King Charles III encapsulated a palpable national pride, well deserved on delivering such a high-profile gathering.

Getting down to the business of dissecting the meeting outcomes — in the leaders’ statement and Samoa communiqué — there are several issues that are significant for the Pacific island members of this post-colonial club.

• READ MORE: Other CHOGM 2024 reports

As expected, climate change features prominently in the text, with more than 30 mentions including three that refer to the “climate crisis”. This will resonate highly for Pacific members, as will the support for COP 31 in 2026 to be jointly hosted by Australia and the Pacific.

Samoa’s Prime Minister Fiame Naomi Mata’afa opening CHOGM 2024. Video: Talamua Media

One of the glaring contradictions of this joint COP bid is illustrated by the lack of any call to end fossil fuel extraction in the final outcomes.

Tuvalu, Fiji and Vanuatu used the CHOGM to launch the latest Fossil Fuel Non-Proliferation Treaty Initiative report, with a focus on Australia’s coal and gas mining. This reflects the diversity of Commonwealth membership, which includes some states whose economies remain reliant on fossil fuel extractive industries.

As highlighted ahead of CHOGM, this multilateral gave the 56 members a chance to consider positions to take to COP 29 next month in Baku, Azerbaijan. The communiqué from the leaders highlights the importance of increased ambition when it comes to climate finance at COP 29, and particularly to address the needs of developing countries.

Another drawcard
That speaks to all the Pacific island nations and gives the region’s negotiators another drawcard on the international stage.

Then came the unexpected, Papua New Guinea made a surprise announcement that it will not attend the global conference in Baku next month. Speaking at the Commonwealth Ministerial Meeting on Small States, PNG’s Foreign Affairs Minister Justin Tkatchenko framed this decision as a stand on behalf of small island nations as a protest against “empty promises and inaction.”

As promised, a major output of this meeting was the Apia Commonwealth Ocean Declaration for One Resilient Common Future. This is the first oceans-focused declaration by the Commonwealth of Nations, and is somewhat belated given 49 of its 56 member states have ocean borders.

The declaration has positions familiar to Pacific policymakers and activists, including the recognition of national maritime boundaries despite the impacts of climate change and the need to reduce emissions from global shipping. A noticeable omission is any reference to deep-sea mining, which is also a faultline within the Pacific collective.

The text relating to reparations for trans-Atlantic slavery required extensive negotiation among the leaders, Australia’s ABC reported. While this issue has been driven by African and Caribbean states, it is one that touches the Pacific as well.

‘Blackbirding’ reparative justice
South Sea Islander “blackbirding” is one of the colonial practices that will be considered within the context of reparative justice. During the period many tens-of-thousands of Pacific Islanders were indentured to Australia’s cane fields, Fiji’s coconut plantations and elsewhere.

The trade to Queensland and New South Wales lasted from 1847 to 1904, while those destinations were British colonies until 1901. Indeed, the so-called “sugar slaves” were a way of getting cheap labour once Britain officially abolished slavery in 1834.

The next secretary-general of the Commonwealth will be Ghana’s Minister for Foreign Affairs and Regional Integration Shirley Ayorkor Botchwey. Questions have been raised about the quality of her predecessor Patricia Scotland’s leadership for some time and the change will hopefully go some way in alleviating concerns.

Notably, the CHOGM has selected another woman to lead its secretariat. This is an important endorsement of female leadership among member countries where women are often dramatically underrepresented at national levels.

While it received little or no fanfare, the Commonwealth has also released its revised Commonwealth Principles on Freedom of Expression and the Role of the Media in Good Governance. This is a welcome contribution, given the threats to media freedom in the Pacific and elsewhere. It reflects a longstanding commitment by the Commonwealth to supporting democratic resilience among its members.

These principles do not come with any enforcement mechanism behind them, and the most that can be done is to encourage or exhort adherence. However, they provide another potential buffer against attempts to curtail their remit for publishers, journalists, and bloggers in Commonwealth countries.

The outcomes reveal both progress and persistent challenges for Pacific island nations. While Apia’s Commonwealth Ocean Declaration emphasises oceanic issues, its lack of provisions on deep-sea mining exposes intra-Commonwealth tensions. The change in leadership offers a pivotal opportunity to prioritise equity and actionable commitments.

Ultimately, the success of this gathering will depend on translating discussions into concrete actions that address the urgent needs of Pacific communities facing an uncertain future.

But as the guests waved farewell, the question of what the Commonwealth really means for its Pacific members remains until leaders meet in two years time in Antigua and Barbuda, a small island state in the Caribbean.

Tess Newton Cain is a principal consultant at Sustineo P/L and adjunct associate professor at the Griffith Asia Institute. She is a former lecturer at the University of the South Pacific and has more than 25 years of experience working in the Pacific Islands region. Republished with the permission of BenarNews.

Samoan Prime Minister Fiame Naomi Mata’afa says the Alliance of Small Island States (AOSIS) is focused on how they will approach the next seven years to achieve the 2030 Agenda and its Sustainable Development Goals (SDGs).

Addressing the High-Level Political Forum (HLPF) on Sustainable Development in New York on behalf of AOSIS, PM Fiame said world leaders needed to leave nationalism behind and urgently put action to the rhetoric they had been propagating for the past eight years.

“Climate change, the global financial crisis, the covid-19 pandemic and geopolitical tensions have taught us that we are even more closely connected than we wish to acknowledge, and that choices made on one end have far and wide reaching devastating impacts on those of us who are many, many miles away,” told the UN High Level Political Forum.

• READ MORE: Other UN SDG reports

“If we are going to uphold and deliver on our strong commitment to ‘leave no one behind’ and ‘reaching the furthest behind first’ we will have to leave nationalism behind and urgently put action to the rhetoric we have been propagating for the past eight years.”

PM Fiame said it was “time to stop kicking the can further down the road and doing bandage fixes”.

“We have to begin to earnestly address our global development issues, if we are going to begin speaking of a ‘summit of the future’ and ‘for future generations’.

“The sad reality is if we do not take care of today, for many of us, there will be no tomorrow or future.

‘We can do this together’
“We believe we can do this together, as the international community, if we return to the strong resolve, we had following the MDGs and knowing that if nothing drastic was done we would be worse off than we were as a global community in 1992 in Rio when we spoke of “the future we want,” Fiame said.

Faced with continuous and multiple crises, and without the ability to address these in any substantial and sustainable way, SIDS were on the “proverbial hamster wheel with no way out”, the Samoa Prime Minister said.

Therefore what was needed was to:

“Firstly, take urgent action on the climate change front — more climate financing; drastic cuts and reduction in greenhouse emissions, 1.5 is non-negotiable, everyone is feeling the mighty impacts of this, but not many of us have what it takes to rebounded from the devastation.

“This forthcoming COP28 needs to be a game changer, results must emanate from it — the Loss and Damage Fund needs to be fully operationalised and financed; we need progressive movement from the global stocktake; and states parties need to enhance NDCs.

“Secondly, urgent reform of the governance structure and overall working of the international financial architecture. It is time for it to be changed from its archaic approach to finance.

“We need a system that responds more appropriately to the varied dynamics countries face today; that goes beyond GDP; that takes into account various vulnerabilities and other aspects; that would look to utilise the Multi-Vulnerability Index, Bridgetown Initiative and all other measures that help to facilitate a more holistic and comprehensive insight into a country’s true circumstances.

‘More inclusive participation’
“This reform must also allow for a more inclusive and broader participation.

“Thirdly, urgently address high indebtedness in SIDS, this can no longer be ignored. There needs to be a concerted effort to address this.

“As we continually find ourselves in a revolving door between debt and reoccurring debt due to our continuous and constant response to economic, environmental and social shocks caused by external factors,” Prime Minister Fiame said.

“I appeal to you all to take a pause and join forces to make 2030 a year that we can all be proud of,” she said.

“In this vein, please be assured of AOSIS making our contribution no matter how minute it may be. We are fully committed. We invite you to review our interregional outcome document, the ‘Praia Declaration’ for a better understanding of our contribution.

“And we look forward to your constructive engagement as together we chart the 10-year Programme of Action for SIDS in 2024,” she said.

Fiame said the recently concluded Preparatory Meetings for the 4th International Conference on SIDS affirmed the unwavering commitment of SIDS to implement the 2030 Agenda as they charted a 10-year plan for a “resilient and prosperous future for our peoples”.

A ‘tough journey’
“We do recognise that the journey for us will be tough and daunting at times, but we are prepared and have a strong resolve to achieve this. However, we do also recognise and acknowledge that we cannot do this on our own.”

The summit marks the mid-point of the implementation of the 2030 Agenda for Sustainable Development. It will review the state of the SDGs implementation, provide policy guidance, mobilise action to accelerate implementation and consider new challenges since 2015.

The summit will address the impact of multiple and interlocking crises facing the world, including the deterioration of key social, economic and environmental indicators. It will focus first and foremost on people and ways to meet their basic needs through the implementation of the 2030 Agenda.

This is the second SDG Summit, the first one was held in 2019.

Republished from Pacnews.

Samoan Prime Minister Fiame Naomi Mataafa has urged her fellow Pacific leaders to stop paying lip service to regionalism and walk the talk when making collective decisions.

Fiame made the remarks last night as she welcomed the Secretary-General of the Pacific Islands Forum, Henry Puna, to Apia.

Fiame said Samoa strongly believed in being part of the Blue Pacific that was free from military competition, and a Pacific that remained free from unrest and war that affected many other parts of the globe.

• READ MORE: Other Pacific regionalism reports

“More than ever, there is increased interest and jostling for attention in our Blue Pacific region thus creating a very crowded and complex geopolitical landscape for all of us, and our regional architecture,” she said.

Fiame said collectivism was needed more than ever.

“Our Blue Pacific region has never ceased to provide us with opportunities to strengthen regionalism. To act collectively and to formulate and carry out effective joint responses to address the challenges we face.

“But for regionalism to work, Forum leaders must provide inspired and committed leadership in our foreign policy. It is not good form to speak often about the centrality of the Forum, its values and principles, but lack the conviction to act together.

“The 2050 strategy encapsulates how we can best work together to achieve our shared vision and aspirations through a people-centered lens and the Pacific in control of its regional agenda to improve the lives of our Pacific peoples.

“In the conduct of Samoa’s relations and work, we endeavor to deal fairly and openly with all our partners, remain a strong advocate of the Forum unity and centrality, as well as promote an inclusive approach and respect for each other’s sovereignty, regardless of size, or economic status.”

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

After two weeks of negotiations at the United Nations’ Climate Change Conference (COP27) talks at an Egyptian resort, it is now down to the wire.

Diplomats have created proposals on the controversial loss and damage agenda that will be decided upon by politicians.

Robust discussions at the resort town of Sharm el-Sheikh have seen many collaborations and discord resulting in negotiators not reaching agreement on funding that would see vulnerable countries compensated for climate change-fuelled disasters caused by developed nations.

• READ MORE: ‘Loss and damage’ negotiations dominate COP27’s final day as talks run past deadline
• Other COP27 reports

A key milestone was reached on Friday morning (New Zealand time), when the European Union shifted its position to support the G7 and China which includes Alliance of Small Island States (AOSIS) and the Pacific.

The EU along with the United States pushed back this agenda as it feared being put on the hook for payments of billions of dollars for decades or even centuries to come.

However, developing nations and their allies have been able to stir up support, with major voting in favour for the set up of a loss and damage facility. Australia has chosen to keep the discussion open while the US maintained an isolated position, showing no flexibility.

Now, there are three options on the table for politicians to agree upon and they were due to be debated over the next few hours.

Climate change with Al Jazeera.

The Pacific’s call
The Pacific through the G7 and China has stressed the urgency of establishing a loss and damage framework at this COP.

Samoa Prime Minister Fiamē Naomi Mata’afa today called on the nations to place the same level of global urgency as seen for the covid-19 pandemic to meeting the 1.5 Celsius degree pathway.

Fiame said more action was needed on upscaling ambition on funding for loss and damage and must remain firmly on the table as nations continued to witness increasing occurrences and severity of climate change impacts everywhere.

Option one also entails need for loss and damage to be a separate funding from adaptation and mitigation.

Fiji’s Permanent Representative to the UN, Satyendra Prasad, explained there were gaps in trying to conflate the funding intended for other purposes with compensation as they were not the same thing.

Prasad said vulnerable people in the Pacific “are facing the loss of livelihoods, of land and of fundamental cultural and traditional assets”. These were non-economic losses that could not be compensated through adaptation and mitigation funds.

Financial support for loss and damage must be additional to adaptation funding but also differently structured. Option one calls for existing funding pledges to be made operational in the interim for vulnerable nations.

Short notice funding
Pacific’s Adviser for Loss and Damage Daniel Lund said when responding to damage caused by extreme weather events, finance needed to be available at short notice.

Lund added that current funding available was for project-based support under the Green Climate Fund which took around one year from proposal submission to receiving the first disbursement of funds,

“Something like that doesn’t work when the loss and damage are immediate.”

Republic of Palau’s Minister of State, Gustav Aitaro, in his address to world leaders, said, “every time we have a typhoon, we have to shift funds and budgets allocated for breakfast for students to address the damage. We have to shift funds from our hospital to address the damage, and it becomes such a big burden for us to look for funds to replace that.”

He pleaded with parties to understand the Pacific’s situation as it was a matter of life and death and their very existence depended on it.

“How do I explain to young kids in Palau, the children who live on that atoll, that their homes have been damaged by typhoons and we have to rebuild them over again and again? If they ask me why is it a recurring situation, what do I tell them? Who do we blame?

“Our islands, our oceans are our culture, it’s our identity in this world. I’m sure our developing countries share the same concerns and this is why we are asking them to help.”

Kicking the can down the road
Australia and the US have put forward options two and three for consideration. They propose a soft power influence.

They are proposing more time be given to iron out the finer details to establish a loss and damage finance in COP28 and operationalise the funding by COP29 in 2024.

The Sydney Morning Herald reported Climate Change and Energy Minister Chris Bowen as saying: “The world is unlikely to come to an agreement at COP27 over contentious calls for wealthy nations to pay loss and damage compensation to developing countries.”

He said: “Let’s just see how the internal discussions go. But I mean, I doubt very much it’ll be a full agreement on that at this COP.”

The two countries who have spent time in the wilderness of climate diplomacy, have also proposed developed nations continue to tap into climate funding made available through bilateral and multilateral arrangements.

This proposal also suggests that any funding made available for vulnerable states can be channelled through developed nation governments, proposing it does not need to be faciliated by a governing body like the United Nations Framework Convention on Climate Change.

The Pacific feels this is problematic. Pacific negotiator Sivendra Michael explained: “This is volatile as it depends on the government of the day.”

Finding a way for more capital
Time reports US climate envoy John Kerry as saying: “We have to find a way for more capital to flow into developing countries.”

Kerry added: “I think it’s important that the developed world recognises that a lot of countries are now being very negatively impacted as a consequence of the continued practice of how the developed world chooses to propel its vehicles, heat its homes, light its businesses, produce food.

“Much of the world is obviously frustrated.”

While the US allowed loss and damage finance to be added to the meeting’s formal agenda for the first time, it took the unusual step of demanding that a footnote be included to exclude the ideas of liability for historic emitters or compensation for countries affected by that pollution.

World leaders will now spend the next few hours deciding on which option to take on loss and damage finance.

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

New Zealand will provide $15 million to support Samoa with its climate change priorities.

Prime Minister Jacinda Ardern made the announcement in Apia today at a joint press conference with Samoan Prime Minister Fiame Naomi Mata’afa.

“This funding will help build Samoa’s resilience to the impacts of climate change and its transition to a low emissions economy,” Ardern said.

• READ MORE: Samoa and NZ mark unique relationship, PM Fiame Naomi Mata’afa says
• Other NZ and Samoa reports

New Zealand will work with the Samoan government to determine where the funding will go — governance arrangements and opportunities for future investments.

The government is also pledging $12 million to rebuild Apia’s Savalalo Market, a historic market which was destroyed by a fire in 2016.

“The market was renowned as a hub for local crafts and food, run primarily by women small business owners. It is at the heart of Apia’s community and economic life, as well as formerly being a major tourist attraction,” Ardern said.

“We are proud to support the government of Samoa re-establish it.”

Rebuilding the partnership
The request for the money came from Samoa’s government, which will fund the rebuild in partnership with New Zealand. Both Ardern and Fiame have indentified climate change as a key joint issue.

Jacinda Ardern is in Samoa to mark the 60th anniversary of the signing of the Treaty of Friendship between New Zealand and Samoa.

Following an ‘ava ceremony and reception on Monday, she attended a flag raising and guard of honour inspection today.

She said at the bilateral a number of issues were discussed in addition to climate change, such as economic resilience, and covid-19.

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

WATCH LIVE – The prime ministers of New Zealand and Samoa, Jacinda Ardern and Fiame Naomi Mata’afa, are speaking to media after bilateral talks today. https://t.co/NtRK7U9EL7

— RNZ Pacific (@RNZPacific) August 1, 2022

The Commonwealth Heads of Government Meeting has ended in Rwanda with Samoa confirmed as the next host of the meeting.

Samoa’s hosting of the 2024 event will be the first time a Pacific member country will host CHOGM

Samoa’s Prime Minister, Fiame Naomi Mata’afa attended the meeting in Rwanda.

• READ MORE: Commonwealth meet draws attention to Rwanda’s human rights record

CHOGM brings together leaders and delegations from 54 Commonwealth nations from across Africa, Asia, the Caribbean, the Pacific, and Europe.

Leaders of Commonwealth countries meet every two years, hosted by different member countries on a rotating basis since 1971.

#Samoa to host the next #Commonwealth Heads of Government Meeting in 2024. @RNZPacific @KaiSawaieke @IBIupdate @radioaustralia @samoaobserver
Follow live press conference: https://t.co/9VZSSsmnTM pic.twitter.com/VCm72xxOJR

— Josephine Latu-Sanft (@JoLatuSanft) June 25, 2022

The last meeting was hosted by the United Kingdom in 2018, and this is the first meeting since the covid-19 pandemic delayed the meeting for two years.

The week-long meeting discussed important matters to the Commonwealth family of nations such as democracy, peace, and governance; sustainable and inclusive development; post-covid-19 recovery, climate crisis, new members, and the secretary-general of the Commonwealth Secretariat.

On Saturday, during the Leaders Retreat, Samoa was confirmed as the next host for the CHOGM in 2024.

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

Samoa and China do not have any plans for military ties, Samoa Prime Minister Fiamē Naomi Mataʻafa says.

Fiamē — who is on a three-day trip to Aotearoa — is making her first official bilateral trip abroad since becoming leader last year.

Her visit marks 60 years of diplomatic relations between New Zealand and Samoa and the 60th anniversary of Samoa’s independence.

At a media briefing after talks with New Zealand Prime Minister Jacinda Ardern yesterday, Fiamē said: “There are no discussions between Samoa and China on militarisation at all.”

She said the Pacific nations would discuss China’s security proposals at the Pacific Islands Forum due to take place from July 12.

“The issue needs to be considered in the broader context,” she said.

Ardern said there was capability in the region to deal with security issues and they could be addressed together, while stressing that Pacific nations still had the sovereign right to decide their own future.

“We have convergence on our regional priorities,” Fiamē said, adding that Samoa believed in the region taking a collective approach to issues.

She said the anniversary of the Treaty of Friendship signed by the two countries would coincide with Samoa opening its borders fully on August 1.

Watch the media briefing

The talks with Ardern had covered a lot of ground, she said, and the two countries would work together on tourism, education and in other economic areas.

“Targeted assistance from New Zealand has enabled us to open our borders.”

From August 1 flights to Samoa would increase from the current weekly flight for passengers to daily flights by the end of the year.

Her message to Samoans living in New Zealand was that the anniversary celebrations will take place over 12 months so they had plenty of time to come home.

Asked what Samoa required of New Zealand, Fiamē said “she was not in a rush to come up with a shopping list”.

Instead it might be time just to reflect on reprioritising issues while saying climate change and education remained important as well as “building back stronger” after covid-19.

Time for a rethink on RSE scheme
On the subject of seasonal workers, which Samoa has “slowed down”, she said the New Zealand scheme was well run. But there were some concerns and Samoa was noticing the impact of the loss of workers in its own development sectors.

Originally it was intended to send unemployed workers to Australia and Aotearoa for the RSE programme, but now the civil service and the manufacturing sector in Samoa were being hit by experienced employees leaving.

“We need to have a bit more balance,” Fiamē said, adding that the new government wanted to hold new talks with both the Australia and New Zealand governments on the issue.

Referring to the Dawn Raids, Fiamē welcomed Ardern’s formal ceremonial apology last year.

“When we all live together it’s important to settle grievances and differences,” she said.

Ardern said the visit has come at a special time for the two countries, referring to the Treaty of Friendship and Samoa’s 60th anniversary.

She announced the launch of a special fellowship in Fiamē’s name and the New Zealand prime minister’s award plus the start of new sports leaders’ awards with an emphasis on women and girls.

Discussions had covered their shared experiences on Covid-19 with Ardern praising the high vaccination rates among young Samoans.

Climate change had also been discussed and New Zealand will increase funding for Samoa’s plans to tackle it.

Invitation to Ardern
On her arrival at Parliament yesterday morning, Fiamē invited Ardern to Samoa to take part in the independence celebrations next month and she repeated the invitation at the media briefing.

Fiamē’s visit comes ahead of the Pacific Island Forum meeting.

After welcoming Fiamē, Ardern acknowledged the importance of that meeting which will discuss issues like climate change and the current “strategic” situation across the Pacific.

China’s growing presence in the Pacific is among topics sure to be covered by the two leaders during their talks.

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

Church bells and police sirens rang out across Samoa at midnight to herald the start of 12 months of nationwide celebrations for the 60th year of independence from New Zealand.

Prime Minister Fiame Naomi Mata’afa, who is the chair of the Independence Committee, raised the flag of freedom at a ceremony this morning, along with a 21-gun salute by police.

Fiame announced earlier that only local dignitaries were invited to this morning’s event.

• READ MORE: Other Samoan independence reports

Chief Executive Officer of the Ministry of Prime Minister and Cabinet, Agafili Shem Leo, told media that foreign dignitaries and overseas guests were expected at the main celebrations in September, after international borders open in August.

At the same time, the annual Teuila Festival will be revived after being on hold for the last three years because of the measles outbreak and then the coronavirus pandemic.

The organising committee had asked all villages and districts to plan and hold their celebrations during the 12 months of celebrations.

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.

Samoa’s Prime Minister, Fiame Naomi Mata’afa, has sacked the Attorney-General, Savalenoa Mareva Betham Annandale, effective immediately.

The government suspended the Attorney-General and the Clerk of Parliament two weeks ago, saying it did not have trust or confidence them.

The prime minister said she also did not accept Savalenoa’s submission that neither she nor the Head of State have the legal authority to suspend or dismiss the Attorney-General.

• READ MORE: Other reports on Samoan democracy

Savalenoa suggested that the prime minister could not make such a decision because having been the subject of some of the court cases decided over the last few months, Fiame was subject to bias.

The Attorney-General also requested more time to provide a response to the reasons set out by the prime minister who is the Minister for the AG’s office.

But in a statement, the prime minister said she had not accepted Savalenoa’s submissions.

“I do not accept that an Attorney-General cannot be removed from office. Every person who holds public office in Samoa holds that office on trust from the people of Samoa.”

“For the Attorney-General, as adviser to the executive government, that means having the trust and confidence of the government,” she said.

Fiame has advised the Head of State to appoint senior lawyer Su’a Hellen Wallwork to take the acting AG position for 3 to 6 months while the process of appointing a new Attorney-General is carried out.

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

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

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

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

• READ MORE: Sāmoa’s defeated Tuila’epa launches attack on NZ’s Jacinda Ardern

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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.

How quickly things change.

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

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

• READ MORE: Head of State defies court order, defers Parliament to August
• Samoa head of state’s power to convene parliament questionable – Academic

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 incoming leader has condemned the actions of the former government and demanded it hand over power.

Fiame Naomi Mata’afa, speaking formally as the country’s elected prime minister, slammed the behaviour of Tuila’epa Sa’ilele Malielegaoi and his Human Rights Protection Party (HRPP).

Fiame’s FAST party, which won 26 seats in last month’s election – a majority of one, and the previous ruling party, HRPP, are waiting for the Supreme Court to rule on several contentious issues.

• READ MORE: Other Samoan crisis reports

Speaking in a broadcast from FAST headquarters, Fiame said MPs and officials must move from their roles and offices and allow the public service to focus on its work in a business like and orderly way.

She warned the 25 HRPP MPs they must take steps to have themselves sworn in or risk being forced into byelections.

Fiame also said the recent attacks on the judiciary by the caretaker prime minister, Tuila’epa, and some government officials, had severely undermined the rule of law.

She called this “a perversity” and said it would be addressed shortly, “make no mistake”.

‘Severely undermined by corruption, abuse …’
“While all of democracy’s checks and balances and the public officeholders meant to protect us, have been severely undermined by corruption, nepotism and the abuse of power, help is on the way as we move into a time for restoration and revival,” she said.

Fiame, though, praised the previous achievements of Tuila’epa.

She said his legacy was a remarkable one, both nationally and internationally, for which the country is grateful, but it was being undermined by Tuila’epa’s recent actions.

“The more disruptive and disrespectful you become the more that unique legacy is diminished and tarnished, by your own words and your own deeds,” she said.

“Please think of our people and allow our government to take the reins of power from you, peacefully, respectfully and honourably.”

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

Samoa found itself in a constitutional crisis this week when the caretaker Human Rights Protection Party (HRPP) government locked the doors to Parliament in an attempt to stop prime minister-elect Fiame Naomi Mata’afa being sworn in to office following her FAST party’s one-seat election win.

Samoa now finds itself in the position of having “two governments” claiming a mandate to rule, and the United Nations is urging the party leaders to find a solution through discussion.

Saturday Morning host Julian Willcox (Ngāpuhi, Te Arawa), broadcaster and Te Reo orator deputising for RNZ presenter Kim Hill, talks to Lagipoiva Cherelle Jackson (pictured). She is the Apia-based editor of Pacific Environment Weekly and has been covering events surrounding Samoa’s election.

Jackson also talks about the abuse faced on line by her and other Pacific journalists when reporting unwelcome facts and says it is part of the territory of being a journalist.

Cherelle Jackson on Twitter

• LISTEN TO RNZ: Julian Willcox talks Lagipoiva Cherelle Jackson

I do not condone offensive name-calling, purposeful embarrassment, threats of physical violence, online harassment and insinuations of sexual harassment on my Tweets through comments and/or in the sharing of content on Samoa election.
They are still Chiefs
Keep to topic!

— Lagipoiva Cherelle Jackson (@lagipoiva) May 28, 2021

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.

Australia and New Zealand are being urged to follow the lead of the Federated States of Micronesia, and recognise Fiame Naomi Mata’afa as Samoa’s Prime Minister, reports Pacnews.

But neither Australia nor New Zealand are showing any signs of making such a declaration, with both governments towing the diplomatic line of urging all parties to “uphold the rule of law and respect the democratic process”.

In a similar vein, Henry Puna’s first statement since taking over as Secretary-General of the Pacific Islands Forum, says the Forum family encourages all parties to pursue peaceful means to resolve their difficulties

• READ MORE: Attorney-General 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

But Federated States of Micronesia (FSM) President David Panuelo is not afraid to back Fiame, and he is unhappy with Australia and New Zealand’s approach, says ABC Pacific Beat.

The Federated States of Micronesia Recognizes the Legitimacy of Prime Minister Fiame Naomi Mata’afa: https://t.co/xnxhQUC643 pic.twitter.com/KJK0jiVAwJ

— Federated States of Micronesia Public Information (@FSMPIO) May 24, 2021

“The FSM announced its support for the newly sworn-in Prime Minister Fiame for the same reasons that we denounce former US president Donald Trump for his embrace of fascism and rejection of democracy,” Panuelo said.

Pacnews reports that he urged other democratic countries to show their support for Samoa’s elected leader.

“Australia and New Zealand, and the Pacific Islands Forum for that matter, all have important economic and cultural ties with Samoa [but] I can disagree with them for being silent for now,” Panuelo said.

Senator Heine congratulates Fiame
The Pacific’s first female head of state, Senator Hilda Heine of the Marshall Islands, has tweeted her congratulations to Fiame, calling her the duly elected PM of Samoa.

Congratulations PM Fiame Naomi Mata’afa! Stay strong and unwavering in your legitimacy as the duly elected Samoa PM! The facts of the election stand. Your win is a win for Pacific women. The political wrangling, fueled by entrenched resistance to change is sad but not surprising.

— Dr. Hilda C. Heine (@Senator_Heine) May 24, 2021

Solomon Islands’ Opposition leader Matthew Wale also tweeted his disappointment.

“PIF Leaders should be consulting re Biketawa and possible solutions. The longer this impasse drags, the higher the risk to the integrity of Samoa’s democratic institutions”.

Journalist and longtime editor of the Samoa Observer, Mata’afa Keni Lesa agrees, saying “it’s very important for the international community to not only keep an eye on what’s happening in Samoa but step in and say the right things”.

“They cannot be silent on what’s happening in Samoa, because otherwise we’ve seen the examples of what’s happening in other Pacific countries,” he told the ABC’s Pacific Beat.

“Despite what has happened, we are still peaceful and I think there’s still time…this situation can still be salvaged if the right pressure is applied from overseas, knowing how important aid and all the benefits that Samoa gains from the international community, he said.

UN calls for dialogue
The United Nations has called for dialogue in Samoa, reports Pacnews.

UN Secretary-General António Guterres has been following developments since the elections, according to a statement issued by his spokesperson.

“He urges the leaders in Samoa to find solutions to the current political situation through dialogue in the best interest of the people and institutions of Samoa”, it said.

“The United Nations stands ready to provide support to Samoa if requested by the parties.”

Samoa’s deepening political crisis has taken yet another turn today after the Attorney-General’s office launched an astounding attack on the country’s judiciary.

The Supreme Court hearing over whether the swearing in of the FAST party outside Parliament was legitimate has been adjourned to next week after the Attorney-General’s office called for the withdrawal of all local judges, citing potential conflicts of interest.

In a media statement, the Attorney-General’s office said the actions of the judiciary was “concerning” after the Chief Justice had tried to open the locked doors of Parliament on Monday.

• READ MORE:  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

Hearing adjourned in Samoa over whether FAST Party’s ad hoc swearing in was constitutional. Video: TVNZ News

This came after the Supreme Court had ruled Parliament must sit on Monday but that was ignored by the Speaker of Parliament and incumbent Prime Minister Tuila’epa Sa’ilele Malielegaoi who ordered Parliament closed.

The Attorney-General’s office alleged Chief Justice Satiu Simativa Perese may be in contempt of Parliament and “as the Chief Justice, the caretaker Speaker and staff are not subject to court jurisdiction as per the law”.

Another case which was to be heard by the Court of Appeal over the extra creation of a seat to meet the minimum 10 percent requirement of women in Parliament is also on hold until next week.

Again the Attorney-General’s office said local judges had a “potential conflict of interest and potential favouritism” as all four cases between the FAST party and HRPP had been ruled against HRPP.

In court today, the Chief Justice asked on what authority the Attorney-General’s office had to dictate the work of the judiciary.

He said the Supreme Court would rule next week over whether there was any merit to the recusal or withdrawal of judges.

Republished with the author’s 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.

Samoa’s incoming prime minister has called for the caretaker Human Rights Protection Party (HRPP) government to relinquish power so the country can rebuild.

The country is in a constitutional crisis after the FAST party, which won a one-seat majority in the April 9 election, was blocked from entering Parliament to form a government on Monday.

The Head of State had cancelled a scheduled sitting on Saturday, but that was overruled by the Supreme Court on Sunday.

• READ MORE: 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
• The Samoa Observer editorial – Swearing-in strengthens nation’s foundation

FAST’s members arrived on Monday to find Parliament locked, with the clerk and speaker saying they were acting on orders from the caretaker Minister for Parliament, HRPP leader Tuila’epa Sa’ilele Malielegaoi.

Under the constitution, Parliament must sit within 45 days of an election, and Monday was the last possible day for that provision to be met.

FAST instead held its own swearing-in ceremony in a tent outside parliament, where its leader Fiame Naomi Mata’afa was sworn in as Prime Minister, but the Head of State, the judiciary and parliamentary officials were all absent.

The Attorney-General – an HRPP appointee – has said the ceremony was unconstitutional, and that FAST was not the government. A Supreme Court challenge will be heard on tomorrow.

Fiame, in an address to the nation today, said FAST was forced into an action to get past “the enormous assault on the dignity of this country and its people” by the HRPP. While not mentioning him by name, she called on Tuila’epa to stand aside.

Samoa’s Tuilaepa has the faint whiffs of another lost election… https://t.co/rmHtKk7YIl pic.twitter.com/cuc3I1rSPf

— Rod Emmerson (@rodemmerson) May 25, 2021

“The rule of law … was the foundation for Monday’s swearing in ceremony as all of us were acting in accordance with the constitution, the declarations of the Supreme Court, and simply what is right,” she said.

“The lawbreaking caretaker and his weak and complicit officials have undermined the dignity of this land and all of its people,” she said.

“That shame and that stain will be upon their hands forever.”

This Monday’s events outside of Parliament have imprinted the hearts of Samoans near and far, in the country and outside it. https://t.co/bbYrcn8lSH

— Samoa Observer (@samoaobserver) May 26, 2021

Fiame called for Tuila’epa to stand down so her government could rebuild the country from the crisis.

“When the arrogant refusal to concede power, a power which is given by the people, becomes a grubby international incident, then our caretaker has dragged us all to his lowest ebb, and he and all his sycophants must go.”

Fiame said she was prepared to wait through more taxing times, and asked supporters to keep their faith as they pursued an end to the crisis.

“Help is on the way, the way of the rule of law.”

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

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 Attorney-General’s office is calling yesterday’s swearing-in ceremony of Samoa’s FAST Party unconstitutional and unlawful, and is preparing to file criminal and civil charges.

This comes after the party — locked out of Samoa’s Parliament yesterday when it was meant to be sworn in — held an ad-hoc ceremony outside the building under a marquee.

The ceremony saw FAST leader Fiame Naomi Mata’afa swear her oath as the incoming Prime Minister as the party held a one-seat majority to form a government. Fiame also named her cabinet.

• 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

FAST MPs were sworn in by the former Attorney-General and their own lawyer. It is not yet clear whether the ceremony would be officially recognised.

Savalenoa Mareva Betham-Annandale, Samoa’s Attorney-General, cited a lack of “a number of key components” as the reason why her office did not recognise the ceremony.

“There are a number of key components for a swearing-in to be recognised in our constitution, one of which is that Parliament must sit, Parliament must be convened by the head of state and all of the members must be inside the chambers of parliament, not outside,” Savalenoa said.

Subject to civil, criminal proceedings
The Attorney-General’s office said all those involved would be subject to civil proceedings and criminal prosecutions, although this might take time.

“They will be made subject to the law. It is unacceptable to be seen to be taking, if you like, as a bloodless coup and the takeover of parliament without the proper procedures and constitutional requirements being met,” Savalenoa said.

The Attorney-General wanted the court to declare yesterday’s swearing-in illegal. The Chief Justice will hear that case on Thursday and decide whether Samoa has a new government or not.

Meanwhile, both FAST and HRPP continue to claim they are the legitimate government.

Caretaker Prime Minister Tuilaepa Sailele Malielegaoi and his MPs of the Human Rights Protection Party (HRPP) refused to be sworn in yesterday.

Tuilaepa called FAST’s ad-hoc ceremony “treason” and said it was “law-breaking in its highest degree”.

Constitutional expert Dr Bill Hodge, a just-retired professor of law from the University of Auckland, agreed the swearing was not properly done under the constitution. However, he said it did not amount to treason.

Legitimate vote of the people
“If your intent is to uphold the constitution you cannot be a traitor. Ultimately what the constitution must be about is the fulfillment of the legitimate vote of the people,” he said.

Under Samoa’s constitution, Parliament had to meet within 45 days — yesterday — of the election.

But, late on the night of May 22, the head of state cancelled the scheduled sitting of Parliament. He did not give a reason for the decision, and said he would make his reasons known “in due course”. The Supreme Court ruled against the declaration.

After the Supreme Court ruling, Speaker Leaupepe Toleafoa Fa’afisi, a member of incumbent HRPP, announced the house would not convene until the Head of State proclaimed it was allowed. He ordered a lockout of Parliament, which prevented FAST from entering parliament yesterday.

With those circumstances in mind, FAST were just doing their best to abide by the rules, Dr Hodge said.

Republished with permission.

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.

What a shame it had to happen as it did.

Fiame Naomi Mata’afa taking the oath of office to govern Samoa seven weeks after being elected is an event of generational, regional, and international significance.

Today and for her conduct since April 9, we congratulate Fiame. We wish her ability to form a workable administration proceeds and the very best in government, as the leader of a nation whose fate is twinned with Samoa’s own.

There will, of course, be legal challenges. But the symbolism of Monday’s event was an assertion of power by the rightful winner of the election. It was necessary, not only to uphold the constitution but to remind many in Samoan politics that they exist to serve the people, not powerful interests.

The proper place for the occasion of Fiame’s swearing-in was inside our chamber of democracy — the people’s house; the Parliament.

But it was not to be. Instead, Fiame and the Faatuatua i le Atua Samoa ua Tasi (FAST) party had to hold an unprecedented ad-hoc swearing-in, something they were forced to do to ensure that a constitutional requirement that Parliament meets 45 days after a national election was met.

Perhaps we should have expected that the Human Rights Protection Party (HRPP), having played political games and thumbed its nose at the rule of law since it lost its majority at last month’s election, was not about to face up to reality and honour democracy.

It is clear that they continue to intend to play the spoiler’s role after not showing up to Monday’s swearing-in and stating that the absence of the Head of State had rendered the event invalid.

The Head of State’s attempts to cancel Monday’s court-ordered Parliamentary sitting were quashed; this was the fourth ruling against HRPP attempts to prevent the forming of a new government all in one week.

EDITORIAL: The rambling, shambling circus that has continued on now for seven weeks since last month’s election; it was really resolved within seven days. https://t.co/aGjvUftIlj

— Samoa Observer (@samoaobserver) May 24, 2021

Having exhausted legal avenues they resorted to the cheap tactic of simply locking the doors to the people’s house. The party has no right to make this nation hostage while they continue to cook up last-ditch schemes to hold onto power.

The rambling, shambling circus that has continued on now for seven weeks since last month’s election; it was really resolved within seven days.

In the interim, it began as a tantrum by a leader who could not stand up to the truth came close to ending with him pulling out every stop to derail proper government.

The actions of Tuila’epa Dr Sa’ilele Malielegaoi and those who aided and abetted him brought dishonour upon this nation.

These were the actions of someone who expects others to submit to his power; is unaccustomed to hearing “no”; and forgotten his office only derives its authority from the legitimacy provided by people.

When the history of this country is written, these actions will largely define their legacy: refusing to place the value of the nation above their own self-interest.

Many descriptors have been reached for by observers seeking to capture the magnitude of the events that have gripped this nation.

None proved hyperbolic in the end. It was only at the last minute and by the intervention of a man who acted in accordance with the high principles that befit his office: His Honour, Chief Justice Satiu Simativa Perese.

If anything captured the crisis of Samoan democracy, it was the image of Justice Satiu, dressed in full judicial regalia approaching the front doors of the Legislative Assembly with his judicial colleagues only to find them locked before humbly turning on his heel and walking away.

And so it has been. The party that has ruled over Samoa for decades has played games with the law in the weeks after its election loss. Even on Monday night as Tuila’epa was invoking threats of legal action he was simultaneously – yet again – trashing the courts and casting doubt on their independence.

Perhaps his frustrations are starting to show with his failure to get his way via the judiciary.

Fiame has shown humility, calm, and wisdom as all around her has turned chaotic. Not once has she given off any sign of panic. Nor has she sought to stoke public discontent as a political tactic.

She has more than earned her position as this nation’s new Prime Minister.

Last week alone, on four separate occasions the party was handed four separate losses in court over attempts to scrap the election of forestalling the forming of a new government.

Already under attack from Tuila’epa while in office, the judiciary has shown remarkable poise throughout this political crisis and served as the defining line between chaos and order.

But given the tenor of Tuila’epa’s press conference on Monday, we can expect there to be no end to the games.

He disputes the legitimacy of Fiame’s signing in.

As he notes, the Head of State was not, as the constitution requires, present for the swearing-in of her Faatuatua ile Atua Samoa ua Tasi (FAST) party MPs.

But similarly, the Head of State was fast taking Samoa down a path of lawlessness. If no swearing-in had taken place on Monday then the government would be in breach of the law of the land. Samoa would truly be in uncharted and lawless territory. What would have happened to the nation then?

We anticipate Fiame’s swearing-in it to be challenged, ridiculed and diminished by Tuila’epa. But we also believe his voice is now consigned to slowly fade into the background, having done incalculable damage to his own once-proud political legacy.

Ultimately though ugly political disputes are resolved by the exercise of law and order, a low point that civil society should never reach.

We have seen a recent upsurge in divisive rhetoric among the people of Samoa, dogmatically backing one party or the other as the true winners of the April 9 election.

It is our sincere hope that, whatever transpires, these words do not translate into real unrest.

But it was heartening to see the Police Commissioner, Fuiavailiili Egon Keil, escorted Justice Satiu on his unsuccessful walk.

It was not his officers who had the building locked.

But when asked for comment on what role the police would take, stating that he considered it the force’s job to uphold the rule of law, which, he said, included the constitution — the ultimate legal document.

“This is what we do every day,” he told reporters. “We’ll continue down that road until this thing ends.”

It is our sincere hope that the commissioner does not have to become involved to further mar what should be a proud moment in our democratic history. But he has made a clear signal of intent that he is on the side of the rule of law: its provisions on whether an election can be voided or a swearing-in can be voided in breach of constitutional provisions has been made painfully clear this month.

But another element of legitimacy is popular acceptance.

Rulers ultimately derive their authority from being recognised by the public as those in charge.

We call on the public to put this sorry saga behind us and to unite behind a new Prime Minister.

Fiame has shown humility, calm, and wisdom as all around her has turned chaotic. Not once has she given off any sign of panic. Nor has she sought to stoke public discontent as a political tactic.

She has more than earned her position as this nation’s new Prime Minister.

This is Samoa. We do not need force to be exercised to make a swearing-in law. We have already spoken at the ballot box, nearly two months ago. In the meantime, we have seen disgraceful attempts to flout and undermine the rule of law.

Whatever happens next we must never forget that politicians – and the people they appoint – serve only with authority that comes from us and us alone – the people. Ultimately we set the standards for their acceptable conduct and are the ultimate arbiters of what is politically right.

Published by the Samoa Observer on 25 May 2021. Republished by Asia Pacific Report with permission.

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 judiciary sent a powerful message today to the other two branches of the country’s democracy amid a political crisis branded by critics as an attempted coup by the outgoing government that has held power for four decades.

Chief Justice Satiu Simativa Perese along with all members of the Samoan judiciary walked up to the doors of the Fale Fono (Parliament House) expecting the 17th Parliament to convene this morning, as ruled by the Supreme Court yesterday afternoon, reports Samoa Global News.

Just minutes before 9.30am the Samoan judiciary, escorted by Police Commissioner Su’a Fuiavailiili Egon Keil, walked in solidarity from the courthouse at Mulinu’u towards Parliament House.

• READ MORE: RNZ updates on the Samoa crisis

A large crowd seated inside tents gave a loud cheer as the judiciary walked past them towards the front doors of the assembly, reports Samoa Global News.

The Chief Justice reached out his hands to open the doors. Finding them locked, he turned, paused for a second, and then made his way back through the crowd towards the courthouse.

Every member of Samoa’s judiciary walked in solidarity behind Chief Justice Satiu as the people of Samoa looked on.

“The symbolic stance to follow the rule of law taken by the judiciary sent a strong message to the other two pillars of Samoa’s democratic government — that they stand by the rule of law, enacted by Parliament, set down by the courts, and implemented by the executive,” reports Sina Retzlaff for the Samoa Global News.

FAST members and hundreds of invited guests arrived well before 9am at Mulinu’u and sat under a tent in front of Parliament House, awaiting the Clerk of the Legislative Assembly.

The Supreme Court had ruled that a proclamation to suspend the opening of Parliament was unlawful.

The court had also ruled that a previous proclamation by the Head of State directing Parliament to convene as required by Samoa’s Constitution within 45 days of an election — today Monday, May 24 – was still legal.

The Supreme Court had also directed that copies of the judgment be immediately delivered to the Clerk of the Legislative Assembly, together with the Attorney-General and the Head of State.

The majority FAST party — with 26 seats to the 25 of the incumbent Human Rights Protection Party (HRPP) — described the caretaker government’s actions this morning in locking it out of Parliament as “tantamount to a coup,” reports RNZ Pacific.

However, a swearing in ceremony was held later today in the tent outside Parliament, with Li’o Papalii Masipau being sworn in as the new Speaker. He delivering a general speech about what it meant to be a member of Parliament.

Fiame ‘sworn in’ as PM
Prime Minister-elect Fiame Naomi Mata’afa was sworn in at the ad hoc convening of Parliament to become Samoa’s first woman prime minister.

“This would have been a beautiful moment, had it not been for the legal issues at play,” tweeted journalist Lagipoiva Cherelle Jackson.

Prime Minister Elect Fiame Naomi Mata’afa taking her oath in the ad hoc convening of Parliament as Prime Minister of Samoa in a tent outside of a locked Parliament.
This would have been a beautiful moment, had it not been for the legal issues at play. pic.twitter.com/MAb5bHe4yp

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

Another prominent journalist, Michael Field of The Pacific Newsroom, commented “calling yourself prime minister is one matter. But will the Pacific Forum neighbours recognise her as prime minister (see Biketawa Protocol) and will Australia and NZ?

“Or will everyone leave it for Samoa to sort out?”

Caretaker Prime Minister Tuilaepa Sa’ilele Malielegaoi condemned the swearing in, claiming it was a “coup” and he threatened legal action, reports RNZ Pacific.

“How does this make us look in front of other Pacific countries?” he asked.

“How does this make us look in front of our people in American Samoa? 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.”