For over a year, people exiting the gates at the various airports have paid fees not approved by the cabinet. Did the Samoa Airport Authority have the legitimacy to start charging the increased exit fees?

It was out of the blue in January last year, when people exiting the gates at the regional airport had to pay twice the normal fee of $5. A week later, the same fee was implemented at the Faleolo International Airport gates. When these fees were implemented, the cabinet had not approved the fees. The approval was granted two weeks ago when the matter was discussed alongside the increased departure tax and the new aerodrome fees that come into force from 1 March.

The Airports Authority Act governs the charges that the SAA can charge, and yet this legislation is unclear on the aerodrome fees, but it does say that parking or exit fees can be charged. However, it also states that increases or changes in fees have to be approved by the board and in accordance with the laws governing such changes. It is a bit ambiguous, but if there was not a need to get cabinet approval, then that has to be specified.

The fact that cabinet approval was sought for the parking or exit fees at the gates suggests that the implementation of it had not followed proper due process. Was it legal for the SAA to charge the new exit fees? There are people who want to know if the money they paid will be refunded. Businesses such as rental car companies, tour operators and taxi services have incurred more costs. Some rental car companies are paying $100 a day, depending on the number of times they have to go to the airport.

The SAA has to explain the exit fees and clarify why they started charging it without cabinet approval. If they were wrong, how would they make amends? If cabinet approval was needed to increase the fees, then once again, we have government-owned enterprises not following due processes. Such processes are there for a reason.

In May 2024, there was a similar situation. The Office of the Regulator had approved new charges for Starlink, but the cabinet intervened, saying it had not approved these charges. It was revealed that due process was not followed by the Regulator in getting the approval to charge new fees. This is very similar to what has happened at the airport.

If that is the case, then the charges have to be approved by the cabinet first before they can be passed on. The cabinet decision states that the approval was granted this month. The question is not of the charges or if consultations were held; it is about following the correct process in mandating something legally. If the correct process was not followed, does this mean that new charges are not legal?

Processes are put in place for a reason. In the government machinery, processes outline transparency, fairness, accountability, and ensure that those with power are unable to abuse it. Following these processes is not a choice; it is a requirement.

Have a blessed Sunday.