The Constitutional Crisis that followed the 2021 General Election remains a dark chapter in the country’s history after 62 years of independence. 

At that time it occurred 12 months out from Samoa celebrating its 60th Independence anniversary. It was a wake-up call for all citizens, as it confirmed the vulnerability of our democratic institutions, and how political leaders’ incompetencies as the guardians of our Constitution and disregard for the rule of law can have dire long-term effects on their constituencies and the country as a whole.

A case in point is the multiple court proceedings in Samoa’s Supreme Court and Court of Appeal relating to the suspension of the Lepa M.P. and former prime minister, Tuilaepa Sailele Maliegaoi and his Human Rights Protection Party (HRPP) secretary and Faleata No. 3 M.P. Lealailepule Rimoni Aiafi from the Legislative Assembly.

The suspension of the two veteran politicians from the Parliament is linked to them being found guilty of contempt of court for the statements that they both made at the height of the Constitutional Crisis. The court ruled in March last year that their statements scandalised the courts and the judiciary and undermined public confidence in the Judiciary.

Sitting in May last year, two months after the court’s ruling on Tuilaepa and Lealailepule, the Legislative Assembly’s Privileges and Ethics Committee after deliberating on a complaint filed at that time against the two Opposition MPs by the Deputy Prime Minister, Tuala Iosefo Ponifasio recommended their indefinite suspension after it found them guilty of contempt of parliament and breaching parliamentary privileges in relation to their conduct during the Constitutional Crisis. The House sitting at that time upheld the recommendation of the Committee which led to the suspension of the duo last year.

Since the two MPs’ first suspension from the Parliament, they’ve been in and out of the courtroom, which led to their indefinite suspension being ruled null and void. The Fa’atuatua i le Atua Samoa ua Tasi (FAST)-dominated Legislative Assembly then reimposed their suspension, but with a definite 24-month period, which again led to the two MPs seeking a legal remedy which saw the Supreme Court overturn their 2-year suspension. The Speaker of Parliament has opted for the Court of Appeal and will be back in court again soon for the third round of legal proceedings.

It is not surprising that the issue of the suspension of the two veteran Opposition MPs from the Parliament – over their conduct during the Constitutional Crisis in 2021 – has among other national issues covered close to two years of the current Legislative Assembly’s five-year term. But is that the best use of the legislators' and the Parliament’s time?

Ultimately, someone has to be held responsible for the various decisions that were made during the caretaker government period, which prolonged the Constitutional Crisis in 2021 and delayed the ascension into power of a new democratically-elected government. So there is merit in the decision that the Parliament made last year to suspend Tuilaepa and Lealailepule, to ensure that future legislators as part of the government acknowledge and are aware of the parameters under which they make decisions and conduct themselves are in line with Samoa’s Constitution and for the people.

But policing human behaviour can be difficult which is why legislative reform to address systemic pitfalls that were exposed during the Constitutional Crisis is essential as a long-term solution to ensuring there is no recurrence. 

An article (Legislate caretaker government’s parameters) in yesterday’s edition of Samoa, reported on the recommendation of a Commission of Inquiry (COI) into the 2021 polling for legislation to be drawn up, which would specify the duration and the parameters of the caretaker government’s authority before and after a general election.

The Standing Orders, Electoral, Petitions and Constitutional Offices Parliamentary Committee has supported the recommendation of the COI for the caretaker administration to ensure there is a transition of power to a new government within 45 days in line with Samoa’s Constitution. The Parliamentary Committee also agreed, based on the COI findings, that it is mandatory for any caretaker administration to comply with Article 52 of the Constitution if the instability experienced post-election in 2021 is to be addressed.

We welcome the decision of the Parliamentary Committee to uphold the recommendation of the COI for the Government to consider legislative changes, which would demarcate a caretaker administration’s authority before and after a general election to ensure a smooth transition of power to the newly elected governing party. 

Samoa as a parliamentary democracy cannot afford to have a repeat of the 2021 crisis, which came close to having a general election that was conducted in the true spirit of free choice, hijacked by political leaders bent on illegally holding onto power.