25 May 2021

FAST heading back to court to try and resolve impasse in Samoa

8:33 am on 25 May 2021

Samoa's FAST Party is expecting to face another day locked out of Parliament today and is also predicting a long year ahead to resolve the country's constitutional crisis.

Crowds outside Samoa's Supreme Court head to parliament, where the Speaker has refused to convene the house amid a constitutional crisis, 24 May 2021.

People outside Samoa's Supreme Court. File photo Photo: Supplied

Accusations of coups and treason are flying as the stand-off between the majority FAST party and the defeated caretaker government shows no sign of ending.

The Supreme Court had ordered parliament to sit, overruling the Head of State's decision to cancel Monday's sitting.

However, FAST was barred from entering the parliament building after Tuila'epa Sa'ilele Malielegaoi, who has been Prime Minister for 23 years and leader of HRPP, directed the Speaker to lock the doors.

The FAST party of Fiame Naomi Mata'afa held its swearing in ceremony in a tent on the parliament's grounds.

A spokesperson for the FAST party, Apulu Lance Polu, told Morning Report it was a day of drama yesterday but he did not expect parliament will be open today for carrying on its normal business.

"But court cases are starting today so I can see that from yesterday it's going to be a long day in terms of business for a new government and I think it's going to be a long year in so far as trying to resolve the constitutional and political stalemate that is happening in Samoa at the moment."

Asked about the reasons for taking more court action, when the courts had already ruled in FAST's favour, he said significant events occurred yesterday.

The Chief Justice and members of the judiciary under police guard checked that the parliament's doors were locked which "is actually a statement on upholding the law in Samoa and also a statement saying that they are independent".

"I think since events yesterday we expect something to come from the courts and the judiciary."

Apulu Lance Polu the president of the Samoa journalist's association, JAWS, who stepped down to face criminal charges in September 2017.

Apulu Lance Polu. Photo: Courtesy of the Samoa Observer

He said the threats from the caretaker prime minister, Tuila'epa Sa'ilele Malielegaoi, after the swearing-in meant he could be planning something, Apulu said.

Apulu repeated his accusation that the caretaker government is staging a bloodless coup.

"It's the rule of law that has been stomped on by the caretaker government and they are claiming that it's a constitutional crisis.

"There are cases before the court and they want those to be resolved first before any new government can be instituted."

FAST was upholding the law yesterday because parliament needs to meet within 45 days of the election.

After 45 days the head of state will need to announce new elections which is what the caretaker government is wanting, Apulu said.

FAST needs to work out how it will get a smooth transition and be able to work with the government departments.

He can foresee some issues and the party will be looking to the courts for more legal direction on how this would be implemented.

Social media divisive - Collins

Otara Health chairperson Efeso Collins.

Efeso Collins. Photo: RNZ / Jessie Chiang

The stand-off in Samoa is also causing division in the diaspora, including in Auckland.

Some are taking to social media to air their views, and in the churches, there are prayers for calm and unity.

Manukau councillor Efeso Collins said within Auckland's Samoan community there is huge concern and uncertainty about what will transpire.

He told Morning Report he is confident the situation won't turn violent, in part because the high chiefs are maintaining their control within the villages.

"The challenge we have before us for our home nation is how there will be a transition to new government.

"What we saw yesterday with FAST having a swearing in outside on the grounds of parliament is quite mind-blowing really because we've never seen anything like it before."

He said there was some way to go but he was confident there would be a peaceful transition at some stage.

There were prayers on Sunday and a lot of churches are calling for peace.

"I think there's real sadness, I think there's growing anger as well, there's frustration depending on where you sit on the political fence."

Comments on social media are showing the level of frustration and are detrimental, he said.

There are deeply entrenched levels of support within families and villages for each party.

"So we've got to be careful, sensitive around our comments which is why there's an ongoing call for peace and calm especially from those who are outside of Samoa looking in and feeling disappointed at what's happening at the moment.

"It's important that we stay connected to our families that are there."

Court battle predicted

Correspondent Autagavaia Tipi Autagavaia told Morning Report there may be another court battle.

He said Fiame Naomi Mata'afa, sworn in yesterday in a ceremony on the grounds of parliament, stated last night that her FAST party intended to start its newly formed government.

"But the caretaker prime minister, in his announcement last night after the swearing in ceremony, has called on the country to stay calm.

"He met all the chief executive officers of the public service and then reminded them that ... the caretaker government is still in power and to look after the country until such time as parliament will be called to be sworn in.

"I understand the Attorney-General last night issued a statement saying that the swearing in that happened yesterday is unconstitutional and unlawful.

"So the crisis is getting deeper and I'm sure it will go back to court."

Despite the division and support for rival parties, people were calmly awaiting the outcome of court rulings, he said.

"When we left the Parliament House about 7 in the evening we saw the ruling HRPP headquarters with many cars there, and members of the caucus of the HRPP camping in their headquarters, but there was no tension - people are still staying calm."

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