A nightclub owner at the centre of an impasse with authorities over his business license says he is disappointed at the way his firm is being treated and the lack of compassion shown.

In an interview with the Samoa Observer, the owner of the R.S.A. nightclub and Tatiana Investment, Afoa Faleulu Mauli said the actions of the Ministry of Customs and Revenue (M.C.R.) are akin to a "dictatorship". 

The doors to the R.S.A. nightclub in Apia were sealed off by the M.C.R. who also locked the premise with their own padlock and chain.

According to the Ministry, the company has had its license revoked due to failure to comply with business requirements, mainly the lease agreement of the premises they operate in. 

A businessman of over 30 years, Afoa said that putting the padlock to lock up his nightclub was not right, alleging that there is "interference from the top" in the processing of his business license. 

“The most acceptable thing for them to do is to give people time to resolve whatever the issue is but not put their locks on the nightclub,” he said during an interview at his Apaula Heights residence. “A good government would give people time, a chance to go through the process, mindful that we have been out of business for the past three years because of borders closure and lockdown. 

“But to lock up my business like that without a court order is a dictatorship and if we continue doing this our businesses will go downhill and our people won't have the spirit to do business.” 

Afoa said he was given seven days to provide the required documentation and failure to do so would have meant his other business license for his restaurant and café would be revoked. 

“M.C.R. is supposed to enable our business not disable us,” he said. “They should also be realistic with the timeframe they have given me.

"Seven days is not that long and they should be more realistic and allow us a month because there are also processes we have to go through to obtain documents they need.

“The way I’ve been treated is as if I’m a foreigner and the threats...they should assist businesses, enable them to grow, not to kill them and put them out of business.”

Afoa also alleged that there is a conflict of interest between the Minister of Customs and Revenue and the Deputy Prime Minister, Tuala Iosefo Ponifasio due to a historical dispute over the R.S.A. lease. 

He then accused Tuala of using his authority to interfere in the process of obtaining his business license. 

When contacted for a comment, Tuala who is currently the Acting Prime Minister, confirmed that he has already declared his conflict of interest in the matter and has refrained from having any involvement.

He had no further comments in response to the allegations from the businessman and former member of parliament. 

Afoa was also asked about the status of the land lease with the Ministry of Natural Resources and Environment (M.N.R.E.) and why it has not been disclosed to the M.C.R. to comply with his license registration.

In response, he said he has gone to see the Minister on the matter and is also waiting for the Ministry to provide it. 

Afoa said Tatiana Investment has a current lease with M.N.R.E. which is renewed every six months and they have also made an application for a long-term lease of ten years. 

He added that the lease is "a small issue" that should not have led to the cancellation of his business license. The businessman also added that he has not defied the M.C.R. although he feels that their actions are "unlawful and stupid".

“I could have just broken their lock and opened the club,” he said. “But I am still being patient and complying with the nonsense…”  

He said he will still open his restaurant that is next to the R.S.A. nightclub and have it opened on Wednesday. 

The Chief Executive Officer of the M.C.R. Fonoti Talaitupu Taefu said a cancellation order was issued by her Ministry to Tatiana Investments Limited due to non-compliance with business license requirements. 

“The issuance of the order was done pursuant to the business license legislation and the seal off of the premises was made by M.C.R. in line with the order that was issued,” she said. “The order is in effect until such time when the company fulfils the requirements of the business license legislation.”