FAST Leader Calls on the Caretaker Government to Respect the Rule of Law

FAST Party Leader, Fiamē Naomi Mata’afa.

Press Release

APIA, SAMOA – 17 MAY 2021: The Leader of the Fa’atuatua ile Atua Samoa ua Tasi – FAST Party is calling on the caretaker government to respect the rule of law as the country awaits the Supreme Court’s decisions on two crucial constitutional matters today.

In a press statement last night, Fiamē Naomi Mata’afa raised the issue of Special voting booths declared under the Emergency Orders last Saturday so people can vote in Apia even though these are not allowed under the Electoral Law.

According to Fiamē, the caretaker government “now shamelessly slipped into Emergency Orders justified to protect against the introduction of COVID-19.”

The FAST Party is awaiting the Supreme Court decisions of two matters it is challenging the decision by the Electoral Commissioner and the Head of State to appoint and add a new Member of Parliament; and the lawfulness of the decision by the Head of State to call new elections and completely cancel the results of the original election on 9 April 2021.

“We sought advice and our advice was the Head of State has no power to call a second general election when one had already been conducted on 9 April 2021 and he had signed the Warrants of Election of 51 plus the additional woman member,” said Fiamē.

“Again our party was forced to seek the Courts decision as to whether what the Head of State in rejecting the results of our general election held on 9 April 2021, had the power to do so and also whether he had the power to call another general election just 6 weeks after the first and in our view legal and legitimate general election.

“That case was about respecting and protecting the decisions that 89,000 of us all voted for on 9 April 2021.”

According to Fiamē, “put simply, the HRPP Government has used every means legal and (we say) illegal, to stop us from taking our rightful seats in Parliament and to form the Government based on the peoples votes on 9 April 2021:

1. FAST had the majority of the elected members on Wednesday 21^st April and was able to form Government, if not for the actions taken not by the voters, but by government officials (who are supposed to act in the public interest and do best for us all according to the law). That did not happen and when HRPP and the Caretaker PM was about to lose power, he changed the rules of the game and we say, broke the law.
2. When HRPP and the Caretaker PM could see they were likely to lose the additional woman case because the law was very clear – another move was made (and approved by the Head of State) to stop us from having the majority in Parliament by scrapping the results of the General Election and calling a new general election with only two weeks’ notice.

“We all remember the efforts of the Electoral Commissioner to prepare for the 2021 Election since 2017 and to:

• Make sure the electors rolls were accurate and encouraging the 21 year olds to register and anyone who still wasn’t registered;
• Make sure the candidates eligibility was confirmed with a number of electoral cases decided by the Supreme Court last October and November 2020;
• Requiring candidates to register 6 months before the likely election date;
• Registering any new political parties;
• Arranging the training and appointment of electoral staff and the arrangements for the movement of voters to their home villages;

“There is absolutely nothing about the election HRPP wants to hold next Friday, that resembles the General Election of 9 April 2021, yet they have made very sure the advantage is in their favour so have been allowed to withdraw 39 of their candidates, have refused any new candidates, or enrolled any 21 year olds who turned 21 in the last 6 months, and have now declared Special booths under last night’s Emergency Orders so people can vote in Apia (not allowed under the law), but now shamelessly slipped into Emergency Orders justified to protect against the introduction of  COVID-19.

“We have undertaken the proper process to challenge these attempts to cling onto power.

“We have sought direction from this country’s Supreme Court on both acts by the HRPP Caretaker government and we await the decisions on Monday.

“In doing so we publicly commit ourselves, the FAST party and all its members and supporters to accepting the decision of the Supreme Court in both cases.

“In doing so we say, as a matter of principle, that the Rule of Law must be maintained in Samoa, and the law declared by the Supreme Court will be honoured and followed by the Government, by the Caretaker Prime Minister and by the Head of State.”

Refraining from Issuing any Further Proclamations
“In this regard we would invite the Head of State to refrain from issuing any further declarations or proclamations or writs of any sort, unless and until the two Supreme Court decisions are delivered, and any future action taken by him is taken in accordance with the law pronounced by the Supreme Court and no other body. His oath of Office demands that he satisfy the following requirements of office:

‘I [the Head of State], swear by Almighty God that I will uphold the dignity of the office of Head of State, and will justly and faithfully carry out my duties in the administration of the Independent State of Samoa, in accordance with the Constitution and the law. So help me God.’

“Should there be any further proclamation today (Sunday 16 May or Monday 17 May 2021) which attempts to undermine or super cede the outcome of the Courts two decisions tomorrow, then I would, and the people of this country, and the world would, consider that the Head of State has fundamentally breached his oath of office and for the second time in four weeks may have acted contrary to the Articles of the Constitution and the law of this land.

“We have consistently advocated for following the rule of law, due process and the independence of the judiciary

“We expect and demand that the Caretaker Government does the same.”

Forming a new Government
“If we win, then we will ask the Clerk of Parliament and invite the Head of State to immediately call Parliament so we may be sworn in and confirm that we have the majority of elected Members of Parliament to form government, as you voted for five long weeks ago,” said Fiamē.

“Our Constitution was the product of the wishes and aspirations of our new and independent nation by all the leaders of our country: by matai, by businessmen and Samoans from all backgrounds.

“We must maintain the peace and dignity promised by that document by following the law and the due process of law and ask that all those who act for the benefit of the public do the same.”