Parliament, the law and abuse of power

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Le Tagaloa Dr. Pita

Your editorial titled the “The pursuit for truth and justice”, of Wednesday, 25/01/17, hits the nail on the head, when you asked: “Isn’t every one supposed to be the same under the law? Or are there people above the law in Samoa?”  My answer, is Yes, indeed.

Those that are above the law, includes those who defied the unanimous directives of Parliament to prosecute all those that have been alleged to have broken the law, referred to in the Annual Auditor General Reports for the years 2010 and 2011. 

The report dared through activating the Parliamentary Mechanism of Ministerial Statements, to disrespectfully  thwart the  Will of Parliament, and declare, that they could not prosecute those implicated in the Approved Resolution of Parliament; because Government has found them, not to have broken any law; and wished to forgive them for their trivial inattentiveness in performing their duties, as reported by the Auditor General Reports to Parliament; and the Allegations in the Reports were subsequently confirmed by the O.P.C. Report with Recommendations tabled in Parliament by its Chairman Afioga  Muagututagata Peter Ah Him;  and was wholeheartedly  approved by Parliament, directing  Government to act upon;  in obedience to the Collective Will of Parliament, the Highest Constitutional Authority in the Independent Matai  Democratic State of Samoa.   

Hence, the reasons why, The Court of Law, headed by His Worship, The Chief Justice, Afioga Patunaimauga Tiavaasu’e Falefatu Sapolu, never saw the light of any Court Petition, in accordance to the Unanimous Resolution of Parliament, affirming the allegations in the Auditor General Annual Reports to Parliament for the Years 2010 and 2011. This was specifically directed Government to prosecute all those alleged in the Auditor General Reports, as recommended by the Special Committee of Officers of Parliament report, that was approved by Parliament, with-out a dissenting Voice.

The Question naturally arises in this way: Can the Cabinet thwart and alter the Collective Will of Parliament, on an issue,  of prosecuting those that a Committee of Parliament has investigated, and reported  to Parliament its Findings with Recommendations to have all those alleged to have broken the law, to be  prosecuted, and adjudicated  properly,  in the Court of Law? 

This needs to be done for justice to be served appropriately to everyone who are alleged to have broken any law; and was duly approved by an Independently  Free Parliament, of any Democratic Country, like Samoa, who is operating on the West Minister Model of Parliamentary Form of Government? 

To put the question in another way? Is the present 16th Parliament of the Independent State of Samoa: a Free and Independent Parliament of the Democratic Matai State of Samoa: so that its Collective Will, in any Resolution, and on any Law passed by the Free Parliament of Samoa,  and signed by the Head of State, and therefore for all intent and purpose,  must be respected, and obeyed  by every one,  resides in  the Independent State of Samoa, at any time? 

IF THE ANSWER IS THAT:

 THE 16TH PARLIAMENT OF SAMOA, IS IN REALITY, NOT FREE:  BECAUSE, THE OVERWHELMING MAJORITY  OF MEMBERS OF THE PRESENT  PARLIAMENT, 34/50, WERE SWORN IN, AS  MEMBERS OF THE  HRPP  EXECUTIVE GOVERNMENT;  AND CANNOT VACATE THEIR CABINET, AND THEIR CABINET  LIKE EXECUTIVE  POSITIONS , ARE FOR THE WHOLE TIME,  UNTILL,  7 DAYS AFTER,  THE NEW CABINET IS SWORN IN, IN 2021:

FOR THAT REASON ONLY,  THE INDEPENDENT DEMOCRATIC MATAI GOVERNMENT OF SAMOA, SINCE INDEPENDENCE IN 1962:  IS IN DEEP CONSTITUTIONAL CRISIS.

AND THEREFORE, NO ONE RESPECTS,  ANY RESOLUTION OR ANY LAW THAT IS PASSED,  BY A NON INDEPENDENT AND NON COMPLETELY FREE PARLIAMENT OF THE MATAI INDEPENDENT STATE OF  SAMOA !!!

And now, another Ministerial Statement by the same H.R.P.P. Prime Minister, advocating the supporting of another Parliament Committee Report, with their “factual” Findings, and  Recommendations,  contained in the Report, to be approved, and acted on, because it is a Collective Will of Parliament and must be respected by Government and immediately acted upon; and he  recommended, to  have all those dishonest Judges of the Lands and Titles Court, founded  by the Report sacked; 

As a matter of fact, he asserted that all Judges of the Lands and Titles Court, are to be sacked by Parliament; and have them replaced  by: “honest” Judges, immediately; upon Parliament approving the Report of the Special  Parliamentary Inquiring Judiciary Committee,  set up by Parliament last year, October, 2016; and its Report was tabled and accepted by Parliament last December, upon the motion moved by  the chairman of the Judiciary Committee of Inquiry, a  Member of Parliament: Tofa  Lopaoo  Natanielu Pa o, of Vaisigano No.1 Constituency from Savaii;

The Same Report was in Discussion, when Parliament rose, on Tuesday, 24/1/17; hence the Editorial Comment on the Issue of the Samoa  Observer Daily Newspaper of  Wednesday, 25/01/17, which gives rise to this; my Letter to the Editor, of the Samoa Observer Group of Newspapers and Publications Ltd. , you are now reading, 

Essentially and significantly, as I said above,  my response to the Samoa Observer Editorial of 25/01/17 is that: Samoa, as a Modern Independent Matai State, is in deep Constitutional Crisis at the Moment !!!. 

 Yet, who are the Leaders of the Modern Matai Independent State of Western Samoa, since 1962, and  in this year 2017;  in which the Present Constitutional Crisis and War of Word exploded, in the Chamber of Parliament, intensifying  the fact reported by the Samoa Observr issue this last week reported: that the Constitutional Crisis  in the Parliament of  Western Samoa Independent Matai Government is growing deeper;  and it appears, the Leaders in Parliament, are engaging in loud and impetuous speeches, accusing   Matai in the Judiciary Branch, as being dishonest, in carrying out their Judiciary Responsibilities in the Lands and Titles Court of the Independent State of Samoa !

But, who are these leaders at present,  is at the helm of the Independent Matai State of Samoa?

 The Head o State is a Matai from Upolu Island: Lelulumoega, Falefa, and Salani Villages;  from Svaii Island: Asau Village, and from The Atua “Mega” Culture District Sector of Upolu Island; Tama Aiga  Matai Title holder,  and a  Papa Matai Title holder, of The Aiga Sa Fenunu’ivao and The Aiga  Sa Tuala of Upolu and Savaii, Islands; 

Who are leaders occupying the Office of The Council of Deputies?

One,  is the Tama Aiga Matai Title holder  of Aiga Tau a Aana, Aiga Sa Tunumafono of Tuamasaga, and Aiga Taulagi of Aana; and refers to in Traditional Salutation of Samoa  as:  Tui  Aana; the holder of the  Papa Matai Title,  of Aiga Sa Tuala,  Aiga Tau Lagi,  Aiga Sa Tunu-ma-fono,  and Aiga Tau Aana;

The second,  Member of the Council of Deputies, is a Matai of the Aiga Sa Tuala, from the Village of Matautu Lefaga, and holds Matai Title from Villages of Faleseela, and  Gagaifo,  of the Lefaga Parliamentary Culture Constituency; as well as a  Matai Title from the Apia Village, of the  “Mega”  Culture District of Tuamasaga, on Upolu Island, on which APIA, The Capital of Independent State of Samoa, is named after; 

The Third Member of the Council of Depuies is From the  Culture Sector District of Falealili on the South Side o Upolu Island,  and holds Matai Titles at the Villages, of Sapunaoa, and Sa Talo; as well as a Matai Title, of the Aiga Sa Tuala, on Savaii Island , from the Village of Lano, at the Culture Distric Sector of Faasalelega.

 The Speaker, and the Deputy Speaker, and All Members of the 16th Parliament, of the Independent State of Western Samoa, are Matai; 

The Prime Minister and the Deputy Prime Minister, Ministers of Cabinet, and Associate Ministers of Cabinet are all Matai. 

AT THIS POINT: Let us be reminded of the Single Most Important Difference , between the Present Independent Democratic Matai  Government of Western Samoa, and other Independent DEMOCRACTIC Governments, that have become Independent States, under the United Nations Organization of the World for World Peace: 

And that DIFFERECE IS:  ALL OTHER FORMS  OF DEMOCRATIC GOVERNMENT,  MADE THEIR DECISIONS BY MAJORITY,  OR  PLURATY OF DECEISION MAKERS: wether they be  Members of Voters during General Elections; Members of the General Assembly of Representatives to represent their Independent  States in a World Assembly;  or on any form of  democratic gatherings,  in which a decision has to be made, and must all be put to a VOTE: to reach  a Majority or Plurality Decision, and seldom made a decision by unanimity through acclamation;

Whereas the Venerated Culture, Customs and Traditions of the Samoan Matai System of Governance, all decisions must be reached by Consensus, meaning 100 %  Agreement, of all those involved,  in any decision making PROCESS; 

This IS the ESSENTIAL and the  MAIN PURPOSE, of why,  The  First Constitutional Convention of Western Samoa assembled in 1954 at Tiafau Mulinuu, APIA;  proposed and unanimously  Approved, a Special Resolution: 

CALLING AND REQUESTING, the United Nations Organization For World Peace, of The Independent 55  Nations of the Free World  at that time: to allow Western Samoa, to be an Independent Democratic State, under the Proven Matai System of Governance of the Samoans, for maintain Genuine PEACE, all the time in the History  of Samoa, in the last at least 5,000 Years, without depending military units or armed Police Forces,  because:

Firstly: the Matai, is an heir of the Aiga Potopoto, appointed to the Matai Title of their Extended  Family always, by the Consensus Decision of all the  heirs or SULI, with equal human right and voice, deliberating and making Decisions by Consensus, on all affairs and activities,  of every  Samoan Extended Family, the Aiga Potopoto, in every Village throughout Western Samoa; in accordance to the well established PEACE FUL, CARING, AND HAPPY  CUSTOMS AND TRADITIONS, of the Samoan People, and Race,  since time immemorial.

Secondly, by Unanimous Decision, All the Matai of each Aiga Potopoto, come together in a Council of Matai in every Village; and The Village Council of Matai, is responsible for the Security and Peaceful  Protection of Activities, Lands, Properties, and all Significant  Social Events, happening in the daily life,  of all persons living together and collectively in a Samoan Village, under the Leadership of the Matai Village Council every day;  without depending on the Power of Armed Military Units, or Armed Police Forces, to keep the Security and Genuine Peace, at any time in Samoa Villages, or all  Communities under  the Matai System Leadership. 

This Request from the First Western Samoa National Constitutional Convention in 1954, was unanimously accepted by the UN Trusteeship Council;  in  Approving their Resolution No. 13, on their 22nd  Session at their UN Headquarter in the Year 1957, at N.Y. City in New York State, in the United States of America; when General Eisenhower, was  the President of the United States, and  a Lawyer,  Richard Nixon, was the Vice Present; and Vice President Nixon,  hosted a Presidential Blair House  Luncheon in Washington D.C:

Welcoming Tama Aiga of Samoa, Susuga Malietoa Tanumafili ll, and Tui Atua Tupua Tamasese Meaole  to Washington D.C. and to the Joint Session of Congress of the United States of Americea; as Vice President Nixon, was Chairman Pro Tempro of the U.S. Senate and Congress of the United States of America at the time of the Tama Aiga Visit to the White House; after their successful Samoan Tama Aiga Matai  Delegation, before the United Nations Trusteeship Council;  which  unequivocally  granting   Western Samoa, their Independence from the United Nations Organization For World Peace: to be operated  solely, on the basis,  of the Faamatai System of Governance; whereby Matai Leaders of Aiga Potopoto, always  chosen and elected by every Heir or Suli, with equal Human  Right and Voice by reaching a  Unanimity and 100% Consensus Decision, in  Appointing Matai of Families and Villages throughout Samoa all the Time; and the  removal of Matai  Leaders by  a Consensus Decision  of Suli, or Heirs,  of the Aiga Potopoto, on grounds of Conduct Unbecoming, and inability to serve their Extended Family adequately, in accordance to Samoan Customs and Tradition.

 And by the extension of Unanimous Consensus  Decisions of Villages Councils of Matai, included in a Samoan Culture Constituency of Matai Member of Parliament; a Matai is to elected to represent, the Samoan Culture Parliamentary  Constituency to the Fono Aoao of Matai, or the Legislative Assembly of all Matai Members of the Free and Independent Parliament of the Matai Democratic  Independent of Western Samoa. 

Who then is expected to solve this Constitutional Crisis, now facing the Independent Democratic Matai State of Samoa at this year 2017:  between the Free and Independent Executive Cabinet;  and the Non Free Parliament, overwhelmingly  controlled by the Executive Government, and The Free and Independent Judiciary Branch, who refuses to respect any directive from, a Not  Free and Independent 16th Parliament, or Non Free  Legislative Assembly of the Matai Independent Free  State of Samoa, for the first time, since 1962?

KNOWING VERY WELL, AS A SAMOAN HEIR OF MATAI TILES, FROM A LONG LIINE OF ANCESTOR MATAI TITLE HOLDERS OF MY EXTEDED FAMILIES IN ALL VILLAGES OF SAMOA THAT:  I BELONGED  AND WAS BORNED TO  WITHOUT MY CHOICE; AND WAS TAUGHT BY MY PARENTS EVERY DAY IN OUR SAMOAN LANGUAGE:  THAT WE WERE CREATED AND PROTECTED,  EVERY DAY BY OUR REAL  LIVING GOD: TAGALOA LAGI OF SAMOA AND THE UNIVERSE;  AND THAT ALL LIVING MATAI LEADERS OF SAMOAN EXTENDED FAMILIES AND VILLAGES ARE FIRST OF ALL: SACRED SERVERNT OF OUR ONE AND ONLY  LIVING GOD; AND SECONDLY, ARE MATAI LIVING REPRESENTITIVES OF OUR AIGA POTOPOTO, AND VILLAGES, TO DO JUSTICE ALL THE TIME ON WATHEVER THEY DO, TO SERVE OTHERS OF SAMOA, AND ALL COUNTRIES OF THE WORLD, FOR THE GLORY OF OUR LIVING GOD EVERY DAY, AND IN THE EYES AND FAITH OF ALL TRUE SAMOANS OF MODERN  TIMES;  IS THE SAME AS, THE ONE ONLY  LIVING AND PERSONAL  GOD, REFERRED TO:  AS GOD, THE FATHER, GOD THE SON, AND GOD THE HOLY SPIEIT, OF CHRISTIANIY, THAT HAS  BEEN RECEEVED AND ACCEPTED BY OUR SAMOAN MATAI LEADERS, OF MALIETOA AND TUIMANU’A,  AT THE HELM OF WHOLE SAMOAN MATAI SOCIETY AND COUNTRY , IN THE FIRST THIRD PART YEARS OF THE 19TH CENTRY  IN SAMOA; AT THEI SACRED  AVA OFFERING CEREMONY TO OUR LIVING GOD OFTHE SAMOANIZED CHRISTIANITY, AT THE TROPICAL TEMPLE OF WHORSIP TO OUR EVERLASTING LIVING GOD. OVER THE YELLOW TROPICL SEA, REFFERED TO IN THE SAMOAN LANGUAGE AS THE: “ TAEAO I LE TAI SAMASAMA, O TUIMANU’A MA MALIETOA.”

AND THEREFORE: THE ANSWER  TO THE PRESENT SERIOUS CONSTITUTIONAL CRISIS, OF THE MATAI INDEPENDENT GOVERMENT OF SAMOA TODAY,  FALLS SQUARELLY ON THE SHOULDERS OF THE MATAI LEADERS AT THE HELM OF THE MATAI INDEPENDENT DEMOCRATIC STATE OF SAMOA, TO PROVIDE IMMEDIATELY AND PEACEFULLY, BY TO HONOR THEIR CALLINGS  ON  POSITIONS THEY HAVE SWORN TO ACCEPT ITS MANY AND SERIOUS RESPONSIBILITIES, UNDER WHICH:  THEY PROMISED TO SERVE, PROTECT, AND DEFEND WITH WISDOM, AND WITHOUT FAVORTISM:   THE STATE, AND THE  WRITTEN CONSTITUTION , ESTABLISING , THE DEMOCRATICALLY  FREE AND INDEPENDENT PARLIAMENT OF THE  INDEPENDENT MATAI GOVERNMENT OF SAMOA, THAT IS  FOUNDED ON OUR LIVING GOD;

 AND OUR MATAI LEADERS OF SAMOA AT THE TIME,  OPTED TO OPERATE AND  TO  UTILIZE THE WEST MINISTER MODEL OF GOVERNANCE, OF THE PARLIAMENTARY DEMOCRACY, AS DEVELOPED BY THE UNITED KINDOM ; WHICH IS USED,  PRACTISED, AND  GUARDED ALWAYS ;  BY ALL DEMOCRATIC  COMMONWELTH  AND INDEPENDENT COUNTRIES OF THE WORLD, INCLUDING THE INDEPENDENT MODERN MATAI STATE OF WESTERN SAMOA.

Soifua ma ia Manuia Samoa i le Alofa o le Atua Soifua, e Faavae Ai le Malo Tutoatasi Faamatai o Samoa, i le Lalolagi Atoa, talu mai le 1962.

© Samoa Observer 2016

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