The caretaker Prime Minister has attacked the Samoa Observer's coverage of a proclamation of the Head of State on Sunday night, in which he defied a Supreme Court judgement handed down ordering Parliament to meet within a week ("Head of State defies Court order, defers Parliament to August"). 

Tuileapa Dr. Sailele Malielegaoi, did so in the course of claiming that no authority in Samoa was more powerful than the Head of State who he claimed had supreme power over Parliament. 

In a wide-ranging speech on Monday morning, Tuilaepa offered his opinions on the constitution, the loyalty of the nation's Police forces and the quality of journalism in the Samoa Observer). 

The Prime Minister took issue with the word “defy” in the article's headline, saying the Head of State had instead "opted" not to convene Parliament within the week-long period ordered by the Supreme Court. 

“This morning I saw the article by the Samoa Observer which said 'The Head of State defies Court of Appeal’s Order'," he said.  

"I don’t know who wrote this specific English word but it is wrong. I don’t know who is the palagi that is using these terms.

"The meaning of defy refers to a lower authority rejecting the higher authority.

"This [article] is misconstrued like the [journalist] who wrote it. If the [journalist] does not understand [they] may as well be mute. [It should be written] the Head of State clarifies the judiciary’s authority and the using of the word defy is inaccurate."

(Oxford defines 'defy' as a refusal to show respect for an order, someone in authority or a rule). 

The Head of State, His Highness Tuimaleali’ifano Vaaletoa Sualauvi II, instead ordered that the Legislative Assembly will sit on 2 August, and said that the country's two dominant parties "don't have a majority" to lead.

The caretaker Prime Minister said the Head of State's proclamation was quite clear that there "must" be a majority in Parliament for a Speaker and Deputy Speaker to be appointed).

(After the 9 April election the Faatuatua ile Atua Samoa ua Tasi (F.A.S.T.) party emerged with a 26 seat to 25 majority; following four recent legal challenges and by-elections its majority has temporarily extended to 26 seats to 21).

The party held an ad-hoc swearing-in ceremony on the lawns of Parliament following a Supreme Court directive and in an attempt to comply with a Supreme Court provision requiring Parliament sit within 45 days of a general election. 

Tuilaepa claimed that a recent court ruling on a requirement for at least six women be elected to Parliament concluded that the provision could only be activated after post-election legal challenges had been concluded. 

On Sunday night the Head of State defied a Supreme Court order for Parliament to convene within seven days, and instead proclaimed that the Legislative Assembly would sit on 2 August.

His Highness said Samoa's two dominant parties "don't have a majority" to lead.

Tuimaleali’ifano said the Court has no jurisdiction to convene the Parliament and he alone has the powers to set the time and place for the House to sit.

“The Supreme Court has no jurisdiction to order the convening of Parliament as I, the Head of State of the Independent State of Samoa, have the powers to appoint the time and place for the meeting of the Legislative Assembly,” he said in his special announcement that was televised on TV1.

The Head of State said there was no certainty about the final composition of the Legislative Assembly, something he said remained shrouded in uncertainty. 

“The definition of the Legislative Assembly in Article 111 [of the constitution] that requires the Legislative Assembly to be constituted in accordance with Article 44 of the Constitution of Samoa of the 51 elected Members and five are women which is less than 10 percent minimum requirement of the Constitution,” he said.

The Head of State said the constitutionally guaranteed seat of the additional woman in accordance with Article 44 (1) A has not been activated, although it has been confirmed that a sixth woman in Parliament is mandatory.

Tuileapa during his Monday address also referred to the separation of powers and said that the Police were under his authority.

“There are three separated authorities that goes to the Legislative, Executive and the Judiciary and these three bodies interact.
Parliament creates laws, the Judiciary interprets the laws and the Executive implements these laws," he said.

"Police: that is under the directive of the Executive Branch. “When the Judiciary [issues an order] they rely on the Police to carry it out and they are protectors of the Head of State.

“The Judiciary has forgotten that behind the Head of State are the Police Officers.

He then said the three arms of Government should not cross over and needed to work together but said they had not been.

Tuileapa said the powers vested in the Head of State were ultimately on what judges' and Members of Parliament's swearing-in rested on:

“The judges are appointed by the Head of State; the Cabinet Members are appointed by the Head of State and the Prime Minister is also appointed by the Head of State and therefore no authority can intercede the powers accorded to the Head of State."