By Monica Miller
Almost two months after voters in Samoa went to the polls to elect a new Parliament , the 51 men and women whom voters picked in the 9 April general elections had still not been sworn in at the time of this writing.
After legal challenges and counter challenges by the two main political parties, the Human Rights Protection Party of caretaker Prime Minister Tuilaepa Sailele Malielegaoi and Faatuatua i le Atua Samoa ua Tasi , FAST Party, led by the would-be first female Prime Minister of Samoa, Fiame Naomi Mataafa, things looked settled, with a final ruling by a Court of Appeal on Friday, May 21.
The appeals court upheld a decision by the Samoa Supreme Court which found that the Electoral Commissioner erred when he decided after the final vote recount that a female candidate for HRPP who did not win on Election Day, would be a member of the XVII Parliament of Samoa anyway.
The decision by Electoral Commissioner Faimalomatumua Mathew Lemisio, was based on a law which states that 10% of seats in the Samoa Parliament must be occupied by women.
If that threshold is not met after a general election, then the Electoral Commissioner must choose the woman candidate with the highest percentage of ballots on Election Day , to hold the seat reserved for women.
The law was enacted in time for the last general elections in 2016 and Aliimalemanu Alofa Tu’u’au would have been the second female MP to get into the Maota Fono of Samoa under the act.
During the 2021 poll, 5 women MPs were elected.
The Electoral Commissioner, Faimalomatumua Mathew Lemisio, an attorney, reached the conclusion after the recount of ballots that the five female MPs comprised 9.8% of the 51 seats in Parliament.
He decided that a sixth female MP must be appointed to meet the 10% threshold required under the law.
Aliimalemanu, who headed the Parliamentary Finance Committee in the last Parliament was it.
The results of voting on April 9 gave HRPP 25 seats, and the newly established FAST Party 25 seats.
Only one Independent candidate, lawyer Tuala Iosefo Ponifasio was elected, and all eyes were on him as the kingmaker.
It was nearly a week after the general elections that Tuala made his decision to join FAST.
But shortly before Tuala went public with that decision following a meeting with his constituency on the island of Savaii, the Electoral Commissioner announced the selection of Aliimalemanu, and a writ was issued by the Head of State Tuimalealiifano Vaaletoa Sualauvi II declaring her to be a member of the new parliament.
At that point HRPP and FAST were tied with 26 seats each.
FAST filed a legal challenge with the Samoa Supreme Court over Aliimalemanu’s appointment.
Before the court ruling came out, the Head of State issued a proclamation setting aside the results of the April 9 general elections and calling for new elections to be held May 21st.
The reasons quoted by His Highness included the 26 seat deadlock between the two main political parties, a prolonged adjudication of election petitions of which 56 petitions and counter petitions were expected and the need to pass a budget in June.
“By June 2021, the financial year 2020/2021 will come to an end, and with it the ability of Government to pay salaries of its employees, meet its expenses and pay for services- including essential services such as health and education. If the 2021/2022 budget is not tabled and passed, it will have overreaching effects on the everyday functions of Government, including its ability to respond to the Covid 19 Pandemic and sustain its current responses,” Tuimalealiifano declared.
“There must be in place by June 2021 a Parliament to pass the 2021/2022 Budget in order for Government to carry out its usual fiscal responsibilities.
“Separately, a delay in firming Parliament may affect our regional and international responsibilities and effectiveness of our partnership arrangements.
“The uncertainty regarding the results of the elections has affected every fabric of our society.
“With these considerations in mind, I have sought advice as to my role in these uncertain times. I have been assured that as the Head of State I am able to call fresh elections where, after a general election, there is no clear majority to form a government; and where it is in the public interest to do so.”
This prompted FAST to challenge the Head of State’s authority to declare null and void the election results and call fresh elections. FAST won both cases in the Supreme Court.
Two of the respondents in those cases, Electoral Commissioner Faimalomatumua and Aliimalemanu, immediately asked for an appeal and stay of execution on the women’s seat ruling.
The court of appeal upheld the Supreme Court ruling that the appointment of Aliimalemanu was unlawful.
One of the three justices who heard the case, i however, Vui Clarence Nelson, had a differing opinion, from his two colleagues, Niava Mata Tuatagaloa and Lesatele Rapi Vaai.
Vui said that the 5 women elected on 9 April amounted to only 9.8% which fell short of the 10% quota stated in the law.
Despite his differing opinion, Justice Vui sided with the other justices that the appointment of Aliimalemanu was not lawful.
Another Supreme Court panel, comprising Chief Justice Satiu Simativa Perese, justices Vui Clarence Nelson and Tafaoimalo Leilani Tuala-Warren found that the move by the Head of State to set aside the election results and call for new voting, was unconstitutional.
So the fresh 21 May fresh election was called off.
The court of appeal which heard the motion for a stay of the ruling on the women’s seat sided with FAST which said that a stay would in substance, see Aliimalemanu “sit and act as a member of the Assembly despite the Supreme Court having held her appointment to be unlawful and despite that judgment having not yet been considered, let alone upheld or overturned by this Court.”
The panel, Chief Justice Satiu Simativa Perese with justices Tafaoimalo Leilani Tuala-Warren and Fepuleai Ameperosa Roma dismissed the stay application.
The same day the Head of State issued a proclamation to convene Parliament on 24 May for the swearing in of the 17th Parliament.
But just a day later he came out with a new proclamation which suspended the convening of Parliament on the mentioned date “until such time as to be announced and for reasons I would make known in due course.”
Earlier in the week two busloads of chiefs and villagers from Falelatai, the District of the Head of State had visited him at his official residence in Vailele offering to take him back to his village where they would guard him with their lives.
They were concerned for the safety of their paramount chief . Nanai Lupematasila Fa’amanu Ivara told media.
“The rude comments and posts on social media against the Tama Aiga by supporters of the other political party are hurtful and the village feels that too.”
Nanai said the comments threatens the safety of the Head of State and stopped him from attending his normal routine activities such as attending last week’s meeting of the Congregational Christian Church of Samoa, and attending the funeral of a family member in the village.
On the day Tuimalealiifano suspended the convening of Parliament, he returned to his village, Matautu, Falelatai and was under police guard.
Late at night that same day, FAST leader Fiame, said in a video posted on the FAST Party Facebook page that they will accept the decision by the Head of State which may have been on the advice of the caretaker government and Prime Minister Tuilaepa Sailele Malielegaoi, or the Electoral commissioner or Attorney General .
She said FAST will again seek a ruling from the court on the latest development.
In the meantime she appealed to supporters and Samoa to remain calm and peaceful.
Fiame said the caretaker PM was trying to sow an impression that their side was causing unrest, but these were false accusations.
“Our people are well mannered, educated and are Christians,” she said.
The FAST leader went on to say that the other side was spreading false information.
“They are the leaders that the people chose and put their trust in, but they have turned against the very laws that put them in office, “ declared Fiame.
The daughter of Samoa’s first prime minister after independence in 1962, Fiame Mataafa Faumuina Mulinuu II, Fiame was to take her oath of office as the first female prime minister on the first day of Parliament.
She would have brought an end to the more than 20 year tenure of Prime Minister Tuilaepa, and closed out nearly 40 years of HRPP rule.
FAST was founded in July of 2020 after two former members of the governing Human Rights Protection Party, Laauli Leuatea Schmidt and Leatinu’u Wayne Sooialo became independents and formed the party with a long-time opposition member Olo Fiti Va’ai.
FAST soon picked up speed and when Fiame defected and became an independent, the original trio recognised the political worth of handing the party leadership to her.
With a well-organised social media campaign targeting young voters and enticing of the Samoan diaspora, all that was left was a nationwide roadshow proclaiming monetary windfalls and return of ‘traditional lands’ nobody knew had been taken forcefully.
Upgrading of the current old age pension from $160 tālā (US$63) a month to $400 (US$157) a month and a promise of a $1million tālā (US$393,000) to each of the 51 electoral constituencies if FAST takes over the reins of government, was enticement enough to turn voters against HRPP. FAST also had the backing of the biggest church denomination in Samoa EFKS, the Congregational Christian Church of Samoa., which had been engaged in a battle with the Tuilaepa Government over the taxing of earnings of church ministers.
This support was evidenced by FAST billboards erected on church property on Savaii island, the daily barrage of news stories and talk shows featuring FAST events and its leaders, with no coverage of government events on the church tv station.
An election year brings a windfall for media outlets especially television and radio stations.
A review of earnings by the church station should reveal if FAST paid any advertising fees for their political broadcasts.
There were also reports of church ministers openly telling parishioners to support FAST or not to vote for the government of the day. In one instance, this reporter was at an EFKS church in Savaii when a minister announced from the pulpit that they had been sent a notice from the ministry of Commerce industry and Labour about the need for all non-profit organizations to update their registrations with the ministry and the liability if they did not comply.
It was a standard notice that the ministry sends out annually.
The pastor said this was the type of overreach by the present government that was unacceptable.
“If they were returned, they may be picking our pastors and who to head our different organisation,” he told parishioners.
A total of 56 election petitions and counter petitions mostly alleging treating and bribing have been filed.
The first ones will be heard the week beginning May 24.
Caretaker Prime Minister Tuilaepa said it would be impractical and unstable for Samoa as a country to transition into a new government now and then change it almost daily as the election petitions are adjudicated.
He said this would not allow the government to perform its functions and duties to the detriment of the people.
The wise and sound thing to do he said was to let the government of the day continue, until all the cases have been ruled on.
This is a fast developing story. Check islandsbusiness.com for regular updates.
