A recommendation to legislate the duration and parameters of a caretaker government’s authority before and after general elections has been upheld by the Parliamentary Committee. 

The Commission of Inquiry (C.O.I.) report into the controversial 2021 General Election made the suggestion as a solution in light of Samoa’s Government instability after the main elections. 

The C.O.I. recommended compliance of Government with legislated 45 days when in power and authority must be ceded from the caretaker Government to the elected Government. 

“It must also clarify that the caretaker Government cannot continue to operate a budget or make other critical decisions.” 

The Parliament Committee that reviewed the findings from the inquiry agreed that it is a must for any Government to comply with the laws and Article 52 of the Constitution. 

Article 52 of the Constitution says the Legislative Assembly shall meet not later than 45 days after the holding of a general election and at least once in every year. 

The Fa’atuatua ile Atua Samoa ua Tasi (F.A.S.T.) party had an impromptu swearing-in held on 24th May 2021 – the last day on which Parliament was obliged to meet after the election. 

The ceremony was boycotted by the Human Rights Protection Party members and the Head of State. It was conducted before a majority of Members of Parliament who were all F.A.S.T. and followed a Supreme Court order the day prior ruling that Parliament convened. 

But the ceremony was held outside the Legislative Assembly building after the former Speaker of the House ordered that it be locked down. 

While the swearing-in was previously struck down by the Supreme Court, the F.A.S.T. party argued that it needed to be held out of the "principle of necessity", namely to stop the breach of the constitutional requirement requiring that Parliament convene fewer than two months before an election.  

The H.R.P.P. and the Head of State have previously ignored parts of court decisions compelling them to convene Parliament. They argued that they could not do so until all Members of Parliament were represented in the Legislative Assembly, particularly women M.P.s who are required to make up 10 per cent of all legislators under a constitutional mandate. 

But a Court of Appeal decision in July 2021 ruled the F.A.S.T party is the new Government of Samoa bringing to an end the three months of a national political stalemate. 

The Appellant Court found that a Government swearing-in ceremony conducted by the party itself on the lawns of Parliament on 24 May was in fact legally binding. 

That conclusion had the effect of immediately installing F.A.S.T as the nation's new Government and declaring that it had been so for nearly two months, with the H.R.P.P. unlawfully occupying the office of the nation's "caretaker Government". 

In their conclusion, the Court of Appeal said for the avoidance of doubt Samoa has had a lawful Government since 24 May, namely that led by the F.A.S.T. party.