Tuilaepa & HRPP to take legal action against Speaker and FAST Government

APIA, SAMOA – 25 MAY 2022: The HRPP leaders are preparing to file legal action for Court Intervention following Leader Tuilaepa Sailele Malielegaoi and Party Secretary Lealailepule Rimoni Aiafi’s suspension for an indefinite period of time by parliament yesterday.

The senior MPs were found of contempt of court by the Privileges and Ethics Committee of Parliament.

In a Letter to the Editor, Tuilaepa said the HRPP leaders will file its action for Court Intervention on these abuses of Powers by the Speaker and the FAST government soon.

The Letter is published in verbatim below.

PARLIAMENT MUST NOT FOLLOW COURT DIRECTIVES – FIAME

This outburst by Prime Minister Hon Fiame Naomi Mata’afa, came in response to the Deputy HRPP Leader and other HRPP interventions reminding Parliament that the motion to suspend the Leader of the Opposition, Hon Tuilaepa Sailele Malielegaoi, and former Prime Minister for close to 23 years and senior HRPP member Hon Lealailepule Rimoni Aiafi from Parliament for an indefinite period due to the Court decision on the Harmony Decision, had no legal basis. 

This agreement between Hon Fiame and Hon Tuilaepa, was signed early this year to withdraw all the remaining court cases against each other from the 2021 elections. 

In so doing, the leaders of both FAST and HRPP agreed to focus attention on addressing the major crisis facing the nation, namely the spread of COVID-19 which now kills many of our people since FAST took over in July 2021. 

The downturn in the economy and related shortages of costly imported goods and local food supply and climate change, the worst crises facing the world.

Furthermore, the peace and stability which typified our Nation during the HRPP reign be reestablished and maintained. 

The Harmony Agreement has subsequently been heard in a Court hearing in February 2022.

 It decided that though the scandalizing charges by FAST related to political statements made in reference to inconsistent rulings by the Court on post election petitions have been confirmed, the Harmony Agreement which reflected the customary practice of resolving disputes in Samoa was important and granted that the Court action was a civil matter, not a criminal issue.

Hon Tuilaepa and Hon Lealailepule were not subject to any penalty. 

Samoa, the first Trust Territory of the United Nations to receive Independence 60 years ago, is now ruled by the FAST government, using its majority in Parliament to disregard the Rule of Law. 

Yesterday, Parliament passed the Privilege Committee report and suspended the Leader of the Opposition Party, Hon Tuilaepa Sailele Malielegaoi, the longest serving Prime Minister for almost 23 years and senior MP Hon Lealailepule Rimoni Aiafi, for an indefinite period over an alleged contempt of court report by the Privileges and Ethics Committee of Parliament.

The majority of committee members were from the government.

 Hon Tuilaepa was unable to defend himself in Parliament as he was under isolation having just returned from the World Rugby Council meeting held in Ireland. 

His flight home was delayed.

This meeting of Parliament was rushed to decide on just one item – the suspension of 2 senior members of the Opposition, both members are in the Public Accounts Committee of Parliament and 7 days before the tabling of the FAST 2022/23 main budget.

 When this motion was first tabled in Parliament, both Hon Tuilaepa and Hon Lealailepule wrote to the Speaker Hon Papali’i Li’o Ta’eu Masipa’u pointing out the motion was illegal and he should therefore dismiss it.

 Standing Orders 185 of Parliament stipulates that a contempt action on a matter of privilege must be an action that clearly hinders Parliament (or an MP) from the performance of its/his duties.

Therefore, the allegation has no legal basis under the Standing Orders.

Section 187 of the same Standing Orders on penalties stipulates that any member found guilty of contempt of the Assembly may be suspended for such period as it may determine. 

Not only did the two members not commit any action to warrant their suspension but the suspension motion itself is illegal as it failed to state a definite period. 

The Court meanwhile has twice ruled recently on the illegal decision by the Speaker and FAST to deny the swearing in of two female MPs, one of whom has been formerly appointed by the Head of State and has been waiting for almost two years without pay. 

Samoa has also now witnessed another blatant ‘no care attitude’ towards the rule of law by FAST.  

Experienced Public Servants have been sacked and friends and relatives have been hired and paid high salaries. 

Donors have always been generous to Samoas requests for assistance because of its stability and the professionalism of its public servants during the previous administration by HRPP. 

Today there is no more good governance. 

The $200,000 tālā for districts promised by FAST have been subjected to strange new conditions like dictating FAST supporters to be in dominant positions in committees, thus creating divisions to what have been normally peaceful village communities.

The HRPP leaders will file its action for Court Intervention on these abuses of Powers by the Speaker and the FAST government soon.

Fa’afetai,

Hon Tuilaepa Sailele Malielegaoi
Leader
Human Rights Protection Party