pn777. New Zealand and Fiji, Samoa, Tonga and Pacific Islands Forum Snippets

Punakaiki, West Coast

NEW ZEALAND. Three West Coast Conservation Board members have resigned citing conflicts of interest between conservation and Ngai Tahu interests, the privatisation of public assets and instances of racism when they tried to uphold conservation interests. 

What has brought the matter to a head is the proposed construction of a $26 million Punkaiki visitors' centre funded by the provincial growth fund. 

The accusations are denied by Board member Kara Edwards and Poutini Ngai Tahu. 

pn773. Samoa’s rightful government takes office at last Inbox

 The incumbent prime minister concedes defeat three and a half months after losing an election.

WELLINGTON - It took three and a half months and a constitutional crisis, but Samoa at last has its first change of governing party in 33 years, as well as its first female prime minister. On July 23rd the country’s court of appeal ruled that Fiame Naomi Mata’afa’s fast party, which narrowly won an election in April, was the legitimate government of Samoa, an island nation of 200,000 people 2,900 km north-east of New Zealand. The judges emphatically rejected the protracted efforts by Tuilaepa Sailele Malielegaoi, the outgoing prime minister, and the O le Ao o le Malo, Samoa’s head of state, to thwart the election outcome. On July 26th Mr Tuilaepa, at last, conceded defeat.

pn767. Samoa's new Prime Minister

NOTE. The new bird in the heading.

 24 July 2021 Apia Samoa. Samoa’s Prime Minister Hon Fiame Naomi Mataafa held a meeting with key government officials at the Maota o Samoa FAST party headquarters at Vaitele on Saturday morning.

“Today, I and Cabinet met with key officials to begin transition of our new government into office,” stated Fiame during her first press conference with the media since the Court of Appeal declared her tent swearing-in as Prime Minister on May 24th as lawful and constitutional.

pn757. Samoa continues to be without a government, but decision probable next week

The contestants: HRRP and FAST leaders, (l-r)

Samoa continues to be without a government but a final decision on which party, Tuila'epa  Malielegaoi's HRPP or Fiame Mata'afa's FAST party, will rule should be made next week.

Samoa looks set to have a final ruling on whether the election-winning FAST Party's impromptu swearing-in as the government will be officially recognised.

pn751. Samoa. Supreme Court rules Parliament must convene

The Samoa Supreme Court has declared the swearing in of the Faatuatua ile Atua Samoa ua Tasi (FAST) party on the lawns outside Parliament was unconstitutional but has also ordered Parliament to convene within seven days from today (28 June), a decisive moment in the nation’s power crisis. The Court has warned that any attempts to obstruct the Legislative Assembly meeting will amount to contempt of Court and Parliament and subsequently will force the Court to validate the invoked principle of necessity “so that the business of the nation can proceed”.

pn743. Patu calls for second Samoan election - and he could have a point

The former Chief Justice, Patu Falefatu Sapolu, stood and then withdrew from  HRPP (Human Rights Protection Party) election candidacy, so his impartiality could be in question. 

But with such a narrow two seat FAST (Faatuatua i le Atua Samoa ua Tasi party)  victory, the constitutional requirement for 10% female representation, and the flurry of appeals and counter appeals against constituency election results and possible by-elections (each of which could be challenged), his call for a second election makes sense.

Read what James Robertson wrote today in the Samoa Observer. James also provides a useful summary of the whole  election shemozzle**. -- ACW 

pn741. What reactions to Samoa's crisis reveal about the state of the Pacific

By Anna Powles, Senior Lecturer in the Centre for Defence and Security Studies at Massey University, Wellington. Incline.co.nz

Tuila'epa (L); Fiame (R)

The political crisis in Samoa is heading into its eighth week. The caretaker prime minister, Tuila'epa Aiono Sa'ilele Malielegaoi, leader of the Human Rights Protection Party (HRPP), who has held power for 22 years, shows little inclination to end the impasse and allow prime minister-elect Fiame Naomi Mata’afa and the Faʻatuatua i le Atua Samoa ua Tasi (F.A.S.T) party to form government.

Click here to continue.

pn735. Samoa's Head of State Independence Day Address, June 1st

INDEPENDENCE DAY ADDRESS BY THE HEAD OF STATE, LE AO MAMALU O LE MALO, LE AFIOGA TUIMALEALIIFANO VAALETO’A SUALAUVI II. June 01 2021 Residence Matamatanonofo, Falelatai.

Fellow citizens and all the people of Samoa

It gives me great pleasure on this new day to greet all the people of Samoa, living in the country and abroad, and to invite you all to the virtual commemoration of the 59th independence anniversary of our country. June the 1st is when we first unfurled the tricolour; the flag of independence of the first independent state in the Pacific region. We are privileged to have reached this milestone in our lifetime and we attribute this to our almighty God, the foundation of our government and country

This is the link to the full adddress.

Note: The HoS refers to Samoa being the first independent state in the Pacific Region. This would be contested by Tonga. It signed a Treaty of Friendship with Britain in 1901 but never gave up its independence.  

pn733. Three question marks hanging over the Pacific

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With one big question mark hanging over Samoa, it's easy to overlook two others. The Pacific has been far from tranquil lately.

The first question mark.

In Samoa, with its mixed constitution of western and traditional elements, the refusal of Tuilaepa to stepdown as PM to allow Fiame Mata'afa to assume power raises the question of what really is at stake.

pn731. Samoa: What on earth is happening? UPDATED, NEW ARTICLE

 

Samoa Observer     -     25 May 21
EDITORIAL
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.

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.

pn 726. Samoa's likely new Prime Minister

Fiame Naomi Mata'afa 

Samoa's Supreme Court has thrown out the Head of State's decision to call a second election, clearing the path for the newcomer FAST party to form a government.

Announcing the second election earlier this month, Tuimalealiifano Vaaletoa Sualauvi II told Samoans it was the best way to break the political deadlock that emerged after last month's election.

However the court today found that he had no constitutional power to call for the election while outstanding matters relating to April's election were still unresolved.  Click on highlighted text to read the full article   Fiame Naomi Mata'afa of the FAST party is likely to be the new PM, and Samoa's first female PM.

Samoa elections; Pacific Covid Updates (pn720)

 

SAMOA. With the outcome of the recent elections undecided and neither party being able to govern, the Head of State is calling for new elections

UPDATES ON THE COVID VIRUS

U.S.OVERVIEW (a little dated) 

FIJI SITUATION WORSENS,   30 active cases, 2 new. Food packs delivered to over 4,000 families in lockdown containment areas : Suva Lami-Nausori,Lautoka-Nadi, Rakiraki, all on Viti Levu, the main island.

COOK ISLANDS BUBBLE OPENS SOON. 

OTHER PACIFIC ISLANDS. 

Niue and Tokelau remain virus-free. Solomon Islands is now virus-free. Vanuatu has four new cases.  French Polynesia averaged under 10 new cases daily during April, and none so far in May. The situation in PNG remains poor. It peaked with over 350  daily new cases in March and has dropped to over 50 so far this month.  Hovever, there are fears many cases are not being reported. 

 

pn623. Tongan custom and Samoan opinions

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Tonga, custom and the constitution. 

Matangitonga asks  is there anyone would who like to be governed by these traditional Tongan customs?

Samoan opinions

See editorials and letters to the editor in the Samoa Observer

pn570. Weekend links and snippets

A mix of long and short pieces to make your long weekend. Click on link and then on redirect page link.

1. Why government should not invest in Auckland Light Rail: lessons from overseas.

2. Who decides a teacher is or is not performing well? It's not like picking the best first five, Mike Hosking. A quick read. 

3.This is not a democracy (with comments on Maori action).  A long and  thoughtful piece, ideal weekend reading.