Government lost its motion to terminate the President of the Lands & Titles Court says Fiamē

Former Deputy Prime Minister, Fiamē Naomi Mataafa.

APIA, SAMOA – 27 JANUARY 2021: Government did lose its motion to terminate the President of the Lands and Titles Court when Government failed to secure the two thirds majority when the motion was put to a vote 19 July 2019.

The issue came up again in parliament on Wednesday this week when the former Deputy Prime Minister, Fiamē Naomi Mata’afa made a point of order when the Vaimauga East MP thanked the government for “the decision of parliament that used Samoan customs” in the vote that effectively reinstated the President.

Fiamē said the Government lost its motion when it could not have the two thirds majority when the government is ruled by a party that had the numbers and could have easily voted to terminate the President.

“But as the Member was saying and giving prominence to Samoan customs and the Government but is reserved in implementing what’s laid out in the law and Constitution.”

The Prime Minister was quick to object saying the Government won the vote by 20 to 18 “but did not get the two thirds majority as required by the Constitution.”

Tuilaepa also argued that if the Members of Parliament voted that day using the western law – ‘tulafono faa-palagi’, or voted using Samoan customs and practice or using Christian principles, he said are all encompassed in the Constitution.

Parliaments vote to terminate the President Fepulea’i Atila Ropati, followed the confirmation of his criminal conviction for assault and a subsequent decision by the Judiciary Services Committee to terminate him.

The Parliamentary Committees report recommending that the President be reinstated.

But the matter ended up in Parliament as by the Constitution, the Presidents’ termination requires a two-thirds majority in Parliament.

A Special Parliamentary Committee chaired by the Deputy Speaker that investigated the matter recommended in its Report that the President be reinstated.

Fiamē who resigned as Deputy Prime Minister in September this year, said that the decision by the HRPP caucus to “save the President” was one of the major reasons in her decision to leave the Government and the ruling party. The others being the 3 controversial bills that she and her constituency rejected.

Rule of Law Seriously Eroded
Since her resignation, Fiamē had been addressing a number of forums and election rallies where she insisted that the rule of law in Samoa is seriously threatened as the ruling government is using the power of the political party to do what it wants and eroding the rule of law.

Fiamē had been using the vote to reinstate the President of the Lands and Titles Court as an example, “where, the party with its huge majority could have easily terminated the President, but due to personal and family connections, decided to use parliament to save the President.”

In parliament this week, Fiamē argued the government’s motion in 2019 was to terminate the President and lost its motion given the end result.

“What’s happening now?” she asked implying the President is still in office despite the outcome of the vote on the Governments motion.

But Tuilaepa insisted that “word for word, the Government won, there were 18 votes against and government motion was supported by 20 votes,” said Tuilaepa “even though the motion did not achieve the two thirds required by the Constitution.”

During the election rallies, Fiamē also pointed to other examples of the erosion of the rule of law. She referred to the various cases where the election amendments targeted to benefit the ruling party candidates but were found “unconstitutional and discriminatory by the Supreme Court.”

After the Supreme Court ruled that the Speakers sacking of two Opposition MPs was unconstitutional, the Speaker of Parliament announced his disappointment that he thought the Court should have recognized his decision given the independence of the two arms of Samoa’s democracy.

In Parliament this week, Speaker Leaupepe Toleafoa Faafisi smilingly told the Members of Parliament that despite the law, the Samoan customary practice of mutual respect – ava fatafata – is paramount.