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Senior QC agrees with the Convening of Parliament on Monday
“My hands are tied.” Clerk of the Legislative Assembly, Tiatia Graeme Tualaulelei.
APIA, SAMOA – 27 MAY 2021: A prominent and very senior QC from Wellington, John Upton has sent an opinion that confirms the advice given to proceed with the Convening of Parliament on Monday this week.
Among those copied include the Clerk of the House at 1.00pm on the same day.
Upton’s opinion gets a lot of focus upon the Head of State not being present and the Clerk not conducting the ceremony.
- The Head of State refused to come and his office informed the Clerk on Saturday that he would not be attending on Monday.
- The former Speaker issued a Public Notice on Saturday night stating the Parliament meeting was cancelled.
- The Supreme Court declared the Head of State Order revoking the 20 May Order to convene Parliament was unlawful.
- Where the normal procedure cannot be followed for whatever reason, the elected Members acting together as the representatives of the people can then resolve to make alternative arrangements which they did to address the refusal of public officials to perform their functions.
FAST Party Leader Fiame Naomi Mataafa seeking an explanation from the Clerk of the Legislative Assembly.
Logically, if the Head of State could stop a swearing in of a Government he didn’t like, could the country be held to ransom?
In this case, the people’s representatives decided what they will do.
The final points in Upton’s opinion:
7.1 The Constitution provides for a representative democracy in Samoa. As stated in the preamble:
“The State should exercise its powers and authority through the chosen representatives of the people.”
7.2 The election of a Speaker and the further functioning of the Parliament is central to that lawful and democratic exercise.
7.3 It is regrettable, if true, if the Head of State has been advised that he may decline to recognise and support that democratic choice. It may be hoped that the sound judgment of the Head of State will prevail over such poor advice.
7.4 For now, however, and in accordance with the functions and duties of the Parliament, its members and its officials, the clear constitutional duty is for the new parliament to convene and take up its functions.
Mr Upton was counsel in a Court of Appeal case last year.
