The practice of traditional presentation or o’o and momoli after election results are declared has been recommended for repealing as it contradicts anti-corruption laws.

The recommendation is one of the issues that was raised by the Parliamentary Committee in its report to the Legislative Assembly last week after it completed a review of the findings of a Commission of Inquiry (COI) into electoral matters arising from the 2021 General Election.

According to the Chairman of the Parliamentary Committee, Auapaau Mulipola Aloitafua the traditional practices of o’o and momoli were not part of the COI findings from the general election over two years ago. 

However, there were submissions made before the Committee on o’o that led to its recommendation for repealing as a statutory requirement under the Electoral Act 2019. 

Prime Minister, Fiame Naomi Mata’afa spoke briefly about culture and corrupt practices, which she said is something that needs to be carefully considered. 

She told the House that if there is one issue where caution should be exercised is the disguising of corrupt practice and colouring it to look like culture which is not good. 

Fiame said this issue has become a frequent conversation in the past parliamentary term and unlike other countries, the most common petition lodged in the courts is in relation to corrupt practices. 

She noted this is why addressing such an issue is not easy because corrupt practices have deepened over time and can be disguised as culture and it is something that parliamentarians need to work on. 

Another Cabinet Minister who spoke about the issue was the Minister of Communication, Information and Technology, Toelupe Poumulinuku Onesemo. 

He referred to the Committee’s recommendation to repeal the practice under the law but has allowed voters to go to their representatives when they are in need. 

Toelupe said it is his belief that allowing giving to voters on a daily basis is corruption but culturally o’o is a tradition and should be done. 

He then warned the House of opening the door to corruption asking where the line will be drawn between corruption and o’o.

Other Members of Parliament suggested that there should be a law that sets the limit on the amount that a candidate can use for their campaign and give to the constituencies because this cannot be avoided. 

It is a statutory requirement that o'o and momoli ceremonies are to be done within three years following the declaration of the results from a general election by the Head of State.  

The Committee perceives these ceremonies as a means for a candidate to express gratitude to their constituency for the recognition and trust bestowed upon them for their election. 

In the contemporary context, the acknowledgement of a Member of Parliament's role commences from the moment a candidate assumes the role of an M.P. upon being elected by the constituency, said the Committee.  

This is also the point at which a Member of Parliament initiates their duties, undertaking the responsibility of fulfilling the constituents’ needs and expectations.  

The Parliamentary Committee said the traditional presentation ceremonies are observed once every five years, yet the constant reliance of the constituency on their elected representative intensifies during this period.  

The majority of petitions presented to the court had repercussions for the observance of the o'o and momoli although a portion of these petitions was motivated by cultural respect and may have been misapprehended.  

In its recommendation, the Committee has asked to repeal section 101 of the Electoral Act 2019 due to inconsistencies with certain provisions within the law. 

The Committee’s position is that the Act already prohibits bribery, yet the practice of o'o and momoli has led to legal challenges for some candidates who were accused of bribery.  As a result, these actions, despite their efforts to meet the needs of constituents, are seen as potential bribery.  

The report has been referred to the Cabinet to prepare appropriate amendments according to the recommendation from Parliament.