Government Acknowledge Concerns Raised by the Samoa Law Society

Apia, Samoa — 01 October 2025 – The Government has acknowledged the concerns expressed by the Samoa Law Society in a press statement titled Ministerial Roles and Rule of Law, dated 01 October 2025.

The statement expresses the Society’s concern over the Cabinet roles, where the Prime Minister is also Minister responsible for the Ministry of Police and Prisons and Office of the Attorney General.

“These offices undertake critical roles in the administration of criminal justice, including the investigation and prosecution or crimes. importantly the role of Minister is limited to policy and administrative oversight.

“It does not extend to police operational matters which are the responsibility or the Police Commissioner as on Independent statutory officer,” the Law Society said.

In response, the Government stated, “that the Attorney General is a member of the Council of the Samoa Law Society, we encourage the active engagement between the Society and the Attorney General as the chief legal advisor of the Government in any concerns the Society may have.”

The Samoa Law Society also noted that “the Prime Minister is currently a defendant in criminal proceedings before the District Court, including charges at attempting to defeat the course or justice and the subject of a well-publicized recent police complaint for criminal defamation.”

The statement said “These current processes create a significant potential conflict of interest with the Prime Minister’s ministerial responsibilities.”

The Society welcomed “the Prime Minister’s recent statement to the media that he will let the pending District Court proceedings take their course and accept the outcome of the judicial process.”

Reminding of the importance that criminal law enforcement functions are conducted independently, fairly and impartially, the Law Society also called upon the “Prime Minister to put in place a framework to ensure that pending cases and complaints are handled independently of the political process.”

In its statement, the Government was concerned “that the Society may have found it pertinent to raise its views via media statement due to a lack of effective communication.

“The Government recognizes that direct engagement and dialogue are essential for addressing issues and promoting mutual understanding.

“The Government commends Mrs. Fiona Ey-Clarke, President of the Samoa Law Society, for her proactive approach in raising these concerns.

“The newly elected Government continues to prioritize police reform and other justice sector initiatives, and values constructive viewpoints as it works on strengthening and improving the sector,” the statement ended.

During the recent election campaign, strengthening law enforcement and the entities responsible for upholding the rule of law was one of the main issues the new government campaigned on.