It seems the actions of the former government which led to the 2021 Constitutional Crisis have been forgotten by some of the people it had affected. It took the law, staunch judges, and law-abiding people to form a new government.

It is absurd hearing the Minister of Agriculture and Fisheries La’auli Leuatea Schmidt say things in parliament that are close to contempt of court. Even if he finds it inappropriate for members who break the law to continue to sit in the Legislative Assembly, the law is the law and it is for everyone.

Those people are in parliament because the law has put them there.

La’auli used his Government response on Wednesday night to talk about something that has been bothering him and in particular the integrity of Parliament.

To restore the integrity of Parliament, he said, those who broke the law should not be sitting in the House because of a court decision.

The minister should be able to recall that the constitutional crisis began in Samoa on 22 May 2021 when the Head of State Tuimalealiʻifano Vaʻaletoʻa Sualauvi II issued a proclamation purporting to prevent the Legislative Assembly from meeting in the wake of the general election in April 2021.

Court rulings had upheld the election results, giving a parliamentary majority to the Faʻatuatua i le Atua Samoa ua Tasi (FAST) party, led by Fiame Naomi Mataʻafa. On 24 May 2021, a makeshift ceremony was held outside of Parliament to swear in Fiame as prime minister. On 23 July the Court of Appeal declared that the ceremony was binding and that FAST had been the government since that date.

What if the Human Rights Protection Party, who had held power for 28 years responded in the same manner as La’auli is doing now? This nation would have been in chaos, there would be no rule of law.

For politicians who think that they wield enough power to be above the law, this is a time to get a reality check. Seeing the reactions and hearing comments from La’auli throughout the parliamentary sessions, it seems that the chairman of the FAST party does not recognise the rule of law. This is a very dangerous thing to do.

The rule of law is the legal principle that provides equality and accountability for all individuals, organisations and governments. Under the rule of law, everyone is to be treated equally under the law and accountable for failing to follow the law. No one person, organisation or government is more important than another, or above the law.

La’auli does not seem to subscribe to this. On the contrary, hats off to the Prime Minister and the Speaker of the House for acknowledging the rule of law and its importance.

Prime Minister Fiame spoke about the matter raised by La’auli noting she understands the pain that members are feeling in terms of the principle of non-intervention and separation of powers. Fiame said the Government does not take this lightly but has to suppress their emotions and be mindful of the current parliamentary sitting journey which was not easy.

She told the House the journey wasn’t easy and laws and the Constitution came into question but what made the transition possible was the law. The Prime Minister said she hears about members complaining about the law but the only way to set it right if it's wrong is back in Parliament.

When the government and those in power ignore the rule of law, innocent parties suffer.

The rule of law is a concept that both the government and citizens know the law and obey it.  It includes principles to ensure just laws rule citizens equally and fairly.

The law should be made openly and transparently by the people, no retrospective laws should be made.

Separation of powers between those who make the law, those who enforce or implement the law and those who resolve disputes about the law; and checks and balances to restrain and provide accountability for those in power are very important ideals.

These principles are easily threatened and eroded when the government and those in power bypass normal laws and procedures and exceed their jurisdiction without any transparency or accountability.