The erosion of democratic representation and constitutional integrity

By Fa’apale Tāumuāfono Tuvalu 20 January 2025, 4:00PM

In a democratic society, the essence of political representation lies in the ability of elected officials to represent the interests of their constituents without undue interference from political parties. 

However, an electoral law that permits a political party to expel a Prime Minister, the Deputy Prime Minister, government Ministers, and any Member of Parliament (MP) who may refuse to tow the party line, fundamentally undermines this democratic principle. Such a law forces government and party officials to either choose between upholding their constitutional duties; or facing the risk of losing their positions as MPs through another round of elections if they refuse to uphold a party’s agenda. This law eliminates the voters' choice, weakens democratic governance, consolidates power to a few in perpetuity, and emboldens the corruption of a ruling party.

The current turmoil and global embarrassment of our government and the ruling Faatuatua ile Atua Samoa ua Tasi (FAST) party exemplify the dangers of this law. It started when Minister Laaulialemalietoa and the founder of FAST Party was arrested with criminal allegations.

According to information, the Prime Minister and five government Ministers of their FAST party then asked the suspect to resign temporarily from his position as a Minister until the investigation concluded. The suspected Minister and founder of the FAST party, however, refused, and responded with the rest of the party by expelling the PM, Deputy Prime Minister (DPM), and these four Ministers from their party.

In doing so, this electoral law now forces the PM, the DPM, and the Ministers to return to their constituencies to be re-elected again. This law was designed by the same suspected Minister and current Prime Minister under their former HRPP party in 2019 when the voters began protesting against their abuses of power and corruption. The law on its face and application, was meant to silence party members from opposing the agenda as public protests threatened the HRPP government.

The FAST party’s decision to expel members disregarded the voters' decision and undermined the democratic process. The law allows the party to prioritize its interests over the electorate's choice, who chose these MPs to represent their interests.  This case highlights the broader implications of such a law, where the party's interests outweigh those of the voter’s choice. Their punishment was not a result of the violation of the Constitution but of political party rules and the trivial nature of the offence by the PM, DPM, and Ministers makes it even more embarrassing for the nation.

This incident brings this law and its nature to the forefront for the nation’s review, of how these types of ill-advised laws created by the HRPP party were meant to ensure their agenda was implemented without dissent from within its ranks. However, this comes at the expense of the electorate's ability to choose a candidate who genuinely represents their interests. By forcing MPs to conform to the party line or face expulsion and re-election, this law effectively silences dissent and stifles independent thought within the legislative body.

MPs are placed in an untenable position where they must choose between enforcing constitutional laws or adhering to the party's directives. This creates a conflict of interest, as MPs prioritising the Constitution and the nation's best interests risk being removed from the Parliament and replaced by candidates more amenable to the party's agenda. 

The law not only undermines the integrity of the democratic legislative process but also diminishes the accountability of MPs to their constituents. It also perpetuates a cycle of power consolidation and corruption, as the party prioritizes loyalty over competence and integrity. The law, therefore, serves to intimidate and silence critics of the government and ruling parties, similar to the Criminal Libel Law which was meant to threaten government dissenters and is ironically entangling the very Minister responsible for its creation.

The perfect example of the broad implications of the law happened last year with the same suspect. Minister Laaulialemalietoa whose daughter was awarded a lucrative tourism contract without proper bidding, underscores the law's potential to protect corrupt practices. None of the party criticized the Minister knowing as reasonable and educated people, that this qualified and a perfect definition of government corruption. It is so when government officials slyly transfer money from the government to themselves through business dealings. Officials in normal democracy get arrested and imprisoned for this type of activity.

The lack of protest from within the party is understandable considering the silent threat posed by this law to opposing party members. The potential for long-term irreversible harm to our democratic foundation outweighs any benefits assumed under this law.

We are given an example of the dangers facing our Nation over ill-advised laws meant to keep a few people in power. Now in the eyes of the world and an embarrassment to the Nation, a party leader with the force of this law, expels the PM, DPM, and four government Ministers through the force of this law. By his hand as a party leader, disables a government affecting the rest of the Nation.

It is imperative to recognize and address the dangers posed by such a law. Ensuring that MPs can represent their constituents without fear of expulsion is crucial for maintaining a healthy and functioning democracy. Reforms must be implemented to protect the independence of elected officials and uphold the principles of transparency, accountability, and integrity within the political system.

Only by safeguarding the democratic process can we ensure that the interests of the electorate are truly represented and that the Constitution remains the guiding framework for governance. The ongoing challenges and controversies surrounding this law today serve as a stark reminder of the need to remove all traces of the current and former HRPP members from power and some of these embarrassing laws they created, whose members were more interested in empowering themselves over the needs of the people and the integrity of the Constitution. Their drama with the laws they created now holds the government useless and in limbo.

E le tuulafoaina e le Atua ona tagata. Ma le faaaloalo lava faafetai.


 

 

 

By Fa’apale Tāumuāfono Tuvalu 20 January 2025, 4:00PM
Samoa Observer

Upgrade to Premium

Subscribe to
Samoa Observer Online

Enjoy unlimited access to all our articles on any device + free trial to e-Edition. You can cancel anytime.

>