By Samantha Magick
“Can I offer my deepest gratitude to you, the people of Samoa, and in particular acknowledge the dignity with which you have waited with patience and forbearance, peacefully and respectfully, for the court process to be concluded.”
These were the words offered by Samoa’s new Prime Minister¸ Afioga Fiame Naomi Mata’afa, after Samoa’s Court of Appeal declared that the swearing in of the 26 members of her Faʻatuatua i le Atua Samoa ua Tasi (FAST) political party on May 24 was legal.
The decision by the panel comprising the Chief Justice, Satiu Simativa Perese, Justice Niava Mata Tuatagaloa and Justice Tafaoimalo Leilani Tuala-Warren, finally brought an end to the impasse that began after the April elections. It also ended 22 years of rule by former Prime Minister Tuilaepa Sailele Malielegaoi.
After the April poll, FAST and Tuilaepa’s Human Rights Protection Party were separated by just one seat, however a succession of legal challenges led to FAST widening that lead.
FAST members subsequently held a swearing in ceremony in the grounds of parliament after the doors were locked to them.
In its judgement, the Court of Appeal questioned the behaviour of the Head of State during the long impasse, saying “The Head of State’s assertion that the Supreme Court has no jurisdiction to order the convening of Parliament is misconceived.
“As we found, the Head of State has shown a basic lack of understanding of his Constitutional role and equally basic lack of understanding about the role of the Supreme Court and the scope of the Court’s powers under the Constitution,” the judgement stated.
Head of State Tuimalealiifano Vaaletoa Sualauvi finally called for the convening of parliament following the handing down of this ruling.
International support
“You have been strong in claiming the peace which comes from faith, from the deep love for your country, and love for your families and villages and districts,” Prime Minister Fiame told her supporters after the decision.
“My administration is committed to returning this country to the special place dreamt of by our forefathers when they grabbed the mantle of independence almost 60 years ago.”
As we went to print, the new government has begun meeting with CEOs of several government ministries. Fiame said she was hearted by their commitment to their duties as public servants and desire for a smooth transition of power.
“This is a time for renewal, reconciliation and a time for national restoration. Our country has been ‘shaken and stirred’ but totally supported through challenging times, by our absolute belief and commitment in God’s plans to prosper and not harm us, and that love ultimately prevails and I thank our faith leaders in all our denominations, and our people everywhere in the world for their prayers for peace, justice and humility.”
A succession of leaders have now congratulated Fiame and her government. New Zealand’s Jacinda Ardern called it a “historic moment for Samoa’s democracy.” Australian Prime Minister Scott Morrison also offered his congratulations, saying he looks forward to working closely with Fiame’s government “to strengthen our longstanding partnership”.
“We commend the institutions of the Samoan Government and the Samoan people for their patience and for allowing the democratic, constitutional and legal processes to take their proper course,” reads the statement.
Fiji’s Josaia Voreqe Bainimarama said that Samoa stands at the cusp of greatness as Prime Minister Mata’afa ascends to the high office as the first female Prime Minister and that he looks forward to working with her to strengthen bilateral relations. Pacific Islands Forum Secretary General, Henry Puna commended the Samoan people “for allowing the democratic, constitutional, and legal processes to take their proper course. As espoused under the Biketawa Declaration, it is important for Samoa and our region that all is done to uphold respect for the rule of law, democratic process, and the peaceful transfer of power.” Commonwealth Secretary-General, Patricia Scotland welcomed the court’s ruling, saying “In these past months I have also been reassured by the conduct of the people of Samoa, which has shown the world that the values of our Commonwealth are indeed alive in society.”
Many of the leaders also acknowledged the contribution of Tuilaepa over his long tenure. Initially local media reported him as calling the Court of Appeal decision “unconstitutional and disrespectful” before he eventually conceded defeat.
Prime Minister Fiame indicated her desire to convene parliament the week after the judgement was delivered in order to consider a budget to ensure the ongoing operations of government.
