Swearing-in strengthens nation’s foundation
By The Editorial Board, 25/05/2021
What a shame it had to happen as it did.
Fiame Naomi Mataafa taking the oath of office to govern this nation seven weeks after being elected is an event of generational, regional, and international significance.
Today and for her conduct since 9 April, we congratulate Fiame. We wish her ability to form a workable administration proceeds and the very best in Government, as the leader of a nation whose fate is twinned with Samoa’s own.
There will, of course, be legal challenges. But the symbolism of Monday’s event was an assertion of power by the rightful winner of the election. It was necessary, not only to uphold the constitution but to remind many in Samoan politics that they exist to serve the people, not powerful interests.
The proper place for the occasion of Fiame’s swearing-in was inside our chamber of democracy; the people’s house; the Parliament.
But it was not to be. Instead, Fiame and the Faatuatua i le Atua Samoa ua Tasi (F.A.S.T) party had to hold an unprecedented ad-hoc swearing-in, something they were forced to do to ensure that a constitutional requirement that Parliament meets 45 days after a national election was met.
Perhaps we should have expected that the Human Rights Protection Party (H.R.P.P.), having played political games and thumbed its nose at the rule of law since it lost its majority at last month’s election, was not about to face up to reality and honour democracy.
It is clear that they continue to intend to play the spoiler’s role after not showing up to Monday’s swearing-in and stating that the absence of the Head of State had rendered the event invalid.
The Head of State’s attempts to cancel Monday’s court-ordered Parliamentary sitting were quashed; this was the fourth ruling against H.R.P.P. attempts to prevent the forming of a new Government all in one week. Having exhausted legal avenues they resorted to the cheap tactic of simply locking the doors to the people’s house. The party has no right to make this nation hostage while they continue to cook up last-ditch schemes to hold onto power.
The rambling, shambling circus that has continued on now for seven weeks since last month’s election; it was really resolved within seven days.
In the interim, it began as a tantrum by a leader who could not stand up to the truth came close to ending with him pulling out every stop to derail proper Government.
The actions of Tuilaepa Dr. Sailele Malielegaoi and those who aided and abetted him brought dishonour upon this nation.
These were the actions of someone who expects others to submit to his power; is unaccustomed to hearing ‘no’; and forgotten his office only derives its authority from the legitimacy provided by people.
When the history of this country is written, these actions will largely define their legacy: refusing to place the value of the nation above their own self-interest.
Many descriptors have been reached for by observers seeking to capture the magnitude of the events that have gripped this nation.
None proved hyperbolic in the end. It was only at the last minute and by the intervention of a man who acted in accordance with the high principles that befit his office: His Honour, Chief Justice Satiu Simativa Perese.
If anything captured the crisis of Samoan democracy, it was the image of Justice Satiu, dressed in full judicial regalia approaching the front doors of the Legislative Assembly with his judicial colleagues only to find them locked before humbly turning on his heel and walking away.
And so it has been. The party that has ruled over Samoa for decades has played games with the law in the weeks after its election loss. Even on Monday night as Tuilaepa was invoking threats of legal action he was simultaneously – yet again – trashing the courts and casting doubt on their independence.
Perhaps his frustrations are starting to show with his failure to get his way via the judiciary.
Last week alone, on four separate occasions the party was handed four separate losses in court over attempts to scrap the election of forestalling the forming of a new Government.
Already under attack from Tuilaepa while in office, the judiciary has shown remarkable poise throughout this political crisis and served as the defining line between chaos and order.
But given the tenor of Tuilaepa’s press conference on Monday, we can expect there to be no end to the games.
He disputes the legitimacy of Fiame’s signing in.
As he notes, the Head of State was not, as the constitution requires, present for the swearing-in of her Faatuatua ile Atua Samoa ua Tasi (F.A.S.T.) party M.P.s.
But similarly, the Head of State was fast taking Samoa down a path of lawlessness. If no swearing-in had taken place on Monday then the Government would be in breach of the law of the land. Samoa would truly be in uncharted and lawless territory. What would have happened to the nation then?
We anticipate Fiame’s swearing-in it to be challenged, ridiculed and diminished by Tuilaepa. But we also believe his voice is now consigned to slowly fade into the background, having done incalculable damage to his own once-proud political legacy.
Ultimately though ugly political disputes are resolved by the exercise of law and order, a low point that civil society should never reach.
We have seen a recent upsurge in divisive rhetoric among the people of Samoa, dogmatically backing one party or the other as the true winners of the 9 April election. https://7363efdfe027806f34c61a6d27630058.safeframe.googlesyndication.com/safeframe/1-0-38/html/container.html
It is our sincere hope that, whatever transpires, these words do not translate into real unrest.
But it was heartening to see the Police Commissioner, Fuiavailiili Egon Keil, escorted Justice Satiu on his unsuccessful walk.
It was not his officers who had the building locked.
But when asked for comment on what role the Police would take, stating that he considered it the force’s job to uphold the rule of law, which, he said, included the constitution – the ultimate legal document.
“This is what we do every day,” he told reporters. “We’ll continue down that road until this thing ends.”
It is our sincere hope that the Commissioner does not have to become involved to further mar what should be a proud moment in our democratic history. But he has made a clear signal of intent that he is on the side of the rule of law: its provisions on whether an election can be voided or a swearing-in can be voided in breach of constitutional provisions has been made painfully clear this month.
But another element of legitimacy is popular acceptance.
Rulers ultimately derive their authority from being recognised by the public as those in charge.
We call on the public to put this sorry saga behind us and to unite behind a new Prime Minister.
Fiame has shown humility, calm, and wisdom as all around her has turned chaotic. Not once has she given off any sign of panic. Nor has she sought to stoke public discontent as a political tactic.
She has more than earned her position as this nation’s new Prime Minister.
This is Samoa. We do not need force to be exercised to make a swearing-in law. We have already spoken at the ballot box, nearly two months ago. In the meantime, we have seen disgraceful attempts to flout and undermine the rule of law.
Whatever happens next we must never forget that politicians – and the people they appoint – serve only with authority that comes from us and us alone – the people. Ultimately we set the standards for their acceptable conduct and are the ultimate arbiters of what is politically right.
No Minister 
Goodness me! You’d almost think these guys were Democrats. They tried to game the system, came off second best and now cry victim.
As tonight’s news indicates, this is going to get worse. However, I reckon Tuilaepa will succeed in getting a new election. “Winning” on 37% and “losing” on 55% does not meet any credible definition of democracy.
Imagine if this happened in NZ? Don’t you reckon it would precipitate a constitutional crisis?
And anyone out there, don’t try and pretend that the 2017 election was the same. The Labour NZF Green coalition coalition had more votes than National and Act.
So it is not difficult to see why Tuilaepa is acting the way he is. For him the election has been stolen. Even if in large measure it was his fault by standing multiple candidates, allowing the Freedom Party through the middle. His intent to give voters more choice in seats that he thought were impregnable truly backfired.
Yes, one can say the law requires the Freedom Party to be sworn in as the government, but in doing so it is ignoring the concept of a democratic mandate. So I am not surprised Tuilaepa is taking it to the wire.
I do note that all the commentators, both in NZ and Samoa, manage to completely ignore the issue of the democratic problem, that of 37% beating 55%. As if that is of minor consequence, and can be easily trumped by the law.
You can be pretty sure virtually the entire commentariat supports FAST. A bit like in the UK where virtually the entire commentariat opposed Brexit.
wanye, I presume that the election in Samoa was held fairly with little or no corruption, and that it was overseen by independent International observers, otherwise, you would have mentioned any corruption to support your argument.
Wayne … yes, the 55% vs 37% is an issue that can’t be ignored. But to FAST that’s not the issue. They have 26 seats and HRP Party 25. You need to remember too that FAST morphed out of the HRP Party and that their leader was the Deputy PM in the HRP government. There is no love lost between the HRP Party and FAST because at the end of it there is going to be a loser and both parties recognise that.
I do think the election broke the shackles to a degree. The monolith that was the HRP Party has been tested and found wanting. I suspect that, if anything, FAST has grown its support post the election but I could be wrong and again I caution against viewing this through a NZL prism. .There are two huge forces in play here also … the ‘chiefly’ system referred to by Kevin O’Brien and the churches and you underestimate the power of both at your peril.
This is a struggle for Samoa’s soul. I don’t know how it will play out. And all the while China is playing their game behind the scenes.
Uncoffined,
There is no suggestion the election was corrupt. Samoan elections are typically well regarded, in the same way ours are. International observers are a characteristic of places where elections are typically dodgy.
The two parties are reacting as one would expect. The Human Rights Party is stressing their democratic (in the sense of getting 55%) mandate. And Freedom is stressing the fact they have the majority of the seats, as ordained by law.
Imagine NZ in this situation. Would either Labour or National having won 55% of vote meekly accept that the other party, having won 37%, should be government? In my view, if either of them were in the same situation, they would go crazy. They would try every trick in the book to stay in power. Though I suspect they would baulk at involving the police. That would be seen as going too far.
More at stake than the Constitution.
https://www.reuters.com/world/asia-pacific/samoa-shelve-china-backed-port-project-under-new-leader-2021-05-20/
Noel … that is what I was referring to in the last para of my 9.05 pm comment.
The latest move I understand in Samoa will be a conference of “The Talking Chiefs”, a distinct polynesian odour of decaying democracy about it eh.
I was born in Kaikoura, not that that has resulted in any material way of benevolence from watching whales. but it was well established there were two branches of the Harnett family residing locally, talking Harnetts being one of those groups. Now I am wondering what exactly a Talking Chief actually is but I sense a bit of further scrum screwing from HRPP.
No doubt there might be some illuminating response from ‘Wayne’ to assist in understanding of “high office” to assist one lacking in such exalted regions of the world of the ruling classes. Then again it may be simply a grasping for power by those outwitted by an organised bunch of dumbarses who need to be put in their place by their betters.
Dollar to a doughnut the CCP is a little concerned about their future across their “sphere of influence” that for Imperial Japan was a part of their warped ideas about “security”. Had The Coral Sea gone differently then the military plans of operation FS would have seen a vastly different unfolding of IJN and IJA activity that finally came to a halt following the Battle of Midway.