The Samoa Airport Authority (SAA) has proactively stepped in to make the airport safer by checking vehicles at the entrance gate. This was sparked by an incident weeks earlier when a man brandished a firearm after a heated argument in the carpark.

A firearm at the airport is a serious security threat. The incident shows how easily someone could get firearms into the airport. This does not look good for SAA from an international safety perspective and it is therefore understandable the hastiness in setting up the security check.

Nobody wants armed terrorists to take over the Faleolo International Airport or sneak a bomb to blow up a plane. That would be regretful. Even how far-fetched the idea is, it cannot be risked.

However, it is concerning that SAA in implementing its new policies and new airport charges is not following the normal protocol. The airport checks, for example, a question hangs over the legality of the checks and what powers the security officers have if they do find anything illegal. Do these security officers have the legal authority to place anyone under arrest? Are the security officers legally empowered to conduct these searches?

After issuing a notice last week, the search at the airport started without the presence of police officers. The Faleolo Police Station is just across the road from the airport gates and if this was organised with the police, a police officer would have been present.

However, the response from Police Commissioner Auapaau Logoitino Filipo suggests that this security check needs to be clarified and that is why they have been seeking clarification on the legality of the search from the Attorney General’s (AG) Office.

Asked whether the SAA has the authority to carry out such security checks, Auapaau replied, “I can't give you any answer at this moment as the AG has not advised us—we are meeting this afternoon.”

“At the moment, we work together with the SAA to provide security for the safety of our international airport. As for the notice by SAA, we are asking the advice of the AG’s office this afternoon to find out if the searches are lawful,” he added.

Despite this, on Monday at around 10:30 am, SAA security officers were observed stopping vehicles at the airport entrance, inspecting handbags, and searching the inside and outside of cars. Passengers were asked to exit their vehicles during the searches. Notably, no police officers were present, raising concerns about the legality of these enforcement actions.

This is not the first time SAA has bypassed normal procedures to enforce its policies. SAA started charging increased parking fees without the approval of the Revenue Board and then held consultations later suggesting a façade to show that they had one. Similarly, the SAA boldly stated that Air New Zealand had started using the VIP Terminal when the airline clarified that they had just started discussing it.

How can you forget SAA allowing two government officials and two international experts to board an Air New Zealand flight without going through proper screening? This incident led to Air New Zealand banning the boarding of passengers through the VIP Terminal. That is when the Minister responsible for Civil Aviation Olo Fiti Vaai famously said, “That’s my airport.”

That airport belongs to the people of this nation and the SAA a state-owned enterprise. According to the Ministry of Public Enterprise, the purpose of the SAA as set out in the Airport Authority Act 2012 is to “establish, improve, maintain, operate and manage airports which are under the control of the Authority and provide services and facilities in accordance with the Civil Aviation Act 1998 and this Act which relate to the operation of aircraft or aviation related service”.

Neither the Airport Authority Act nor the Civil Aviation Act states that checks at the gates can be carried out and does not give powers to the security officers to search, arrest and detain people at the entrance. Hopefully, the AG can shed some light on this.