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Home / New Zealand

Editorial: The law must abide when politics fails

NZ Herald
25 May, 2021 05:00 PM3 mins to read

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Fiame Naomi Mataafa takes the oath of office as Samoa's seventh Prime Minister despite being locked outside of Parliament. Photo / Samoa Observer

Fiame Naomi Mataafa takes the oath of office as Samoa's seventh Prime Minister despite being locked outside of Parliament. Photo / Samoa Observer

Editorial

EDITORIAL:

Samoa right now appears to be sliding into unrest.

This week, there were extraordinary scenes as Samoan MPs convened an ad hoc swearing-in outside Parliament after the caretaker government refused to allow a transition of power, figuratively and literally locking the Prime Minister-elect and her supporters out.

Read More

  • Sitting of Samoa parliament cancelled; constitutional turmoil deepens - NZ Herald
  • Samoa election: United Nations poised to step in as battle for leadership continues - NZ Herald
  • Samoa election: Democracy in crisis as standoff continues - NZ Herald
  • Samoan election: Swearing in ceremony for FAST party held despite locked Parliament - NZ Herald

The spectacle came more than a month after a finely balanced election, followed by legal challenges, the calling of a second vote, and intense constitutional manoeuvring.

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The election was the tightest in the country's history after the Human Rights Protection Party (HRPP), which has ruled Samoa for 39 years, was challenged by the insurgent Faatuatua i le Atua Samoa ua Tasi (Fast) party, founded in June last year.

Fuiavalii Egon Keil, the Chief Justice, walks to the Samoa Parliament in Apia to inspect proceedings only to find the door locked. Photo / Samoa Observer
Fuiavalii Egon Keil, the Chief Justice, walks to the Samoa Parliament in Apia to inspect proceedings only to find the door locked. Photo / Samoa Observer

The outcome was 25 votes apiece for HRPP and Fast, but the one independent MP threw his support behind Fast, giving it a majority.

HRPP then declared the country's 10 per cent quota for female MPs had not been met and appointed an additional female MP, boosting its numbers to 26. Samoa's Supreme Court last week ruled the gender quota manoeuvre improper.

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After weeks of appeals from HRPP, the country's Supreme Court ordered the Parliament to convene on Monday and swear in the new Parliament, establishing Fiame Naomi Mata'afa, the leader of Fast, as the country's first female Prime Minister.

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However, the nation's head of state, Tuimalealiifano Va'aletoa Sualauvi II, wrote in a proclamation last week that he was suspending Parliament "for reasons that I will make known in due course".

NZ Prime Minister Jacinda Ardern has encouraged "all parties and political leaders" to uphold the election outcome and the decisions of institutions including the judiciary, and the rule of law.

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24 May 05:00 PM
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How about a way out of the neverending story

23 May 05:00 PM
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Editorial: When the people speak, the powerful now have to listen

21 May 05:00 PM

The rhetoric from Tuilaepa Lupesoliai Neioti Aiono Sailele Malielegaoi hasn't been reassuring, saying of the outdoor swearing-in, "none of what they did is legitimate. The Devil has won and taken over them."

Malielegaoi repeated more serious allegations on Facebook Live session yesterday, accusing Fast of a coup and committing treason; the judiciary of being biased; and said the Supreme Court's rulings last week were not valid.

Tuilaepa Sailele Malielagaoi has been Samoan Prime Minister since 1998. Photo / Ross Setford
Tuilaepa Sailele Malielagaoi has been Samoan Prime Minister since 1998. Photo / Ross Setford

Once a leader declares the rule of law invalid, it can be a short ride to outright lawlessness. Former US president Donald Trump saddled that pony up, leading to people bearing his colours storming the Capitol.

As of yesterday afternoon, the stand-off in Samoa was becoming further entrenched with the incoming Deputy Prime Minister Tuala Tevaga Iosefo Ponifasio saying, "as far as we're concerned, we formed the Government within the 45 legal days and we've done the swearing in and we do have a Government".

Samoan communities in New Zealand, Australia and the US vastly outnumber those still in the nation and a Fast policy would allow Samoans living overseas to vote without having to return to the country. Tuilaepa clearly sees such a change would diminish his party's chance of returning to power.

One rash act by anyone connected with the parties could ignite the tension.

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Another former US president, Ronald Reagan, is quoted as saying: "Democracy is not a fragile flower; still it needs cultivating."

Right now, Samoa needs a gardener more than it needs a caretaker.

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