24 May 2022

Samoa's govt commemorates one year since constitutional crisis

10:35 pm on 24 May 2022

Today marks the one-year anniversary since newly elected members of Parliament, from Samoa's FAST party, took their oath of office. These oaths were taken in unusual circumstances. As they had been locked out of the Legislative Assembly building, they had to be sworn in inside a tent on Parliament's lawn.

Ceremony to swear-in FAST party into government

Ceremony to swear-in FAST party into government Photo: Ame Tanielu

Early this morning these same MPs, now the Government of Samoa, held a thanksgiving candlelight service in a tent on the same spot. Those in attendance included Prime Minister, Fiame Naomi Mata'afa, former Head of State, his Highness Tui Atua Tupua Tamasese, Maleitoa as well as family members and supporters of FAST.

The ceremony commemorated the morning of 24 May 2021, when FAST MPs and supporters arrived at Parliament to find police surrounding the building and the doors locked. The Clerk of Parliament refused them entry, and in the afternoon, FAST Party MPs and Ministers were sworn into office by the Speaker Li'o Papalii Taeu Masipa'u.

Early this morning these same MPs, now the Government of Samoa, held a thanksgiving candlelight service in a tent on the same spot.

Photo: Joyetter Feagaimaali'i

On that day, a year ago, members of the Judiciary marched down to the Fono building having issued orders for the swearing-in to proceed.

These strange circumstances followed the drawn election of 9 April 2021. Twenty-five seats had gone to the ruling Human Rights Protection Party ("HRPP"), led by then Prime Minister Tuilaepa Sailele Malielegaoi. Another 25 seats had been won by the FAST party led by Fiame. The remaining seat was held by then independent, now Deputy Prime Minister, Tuala Iosefo Ponifasio.

The deadlocked election result led to a number of unusual events.

Escorted by the police commissioner, Fuiavailili Egon Keil, the chief justice and other judges walked to parliament to inspect proceedings, tried to open the locked door, and returned down the road to the courthouse

Escorted by the police commissioner, Fuiavailili Egon Keil, the chief justice and other judges walked to parliament to inspect proceedings, tried to open the locked door, and returned down the road to the courthouse Photo: Stoiraczalfosanial Lesatele

First, the Samoan Electoral Commission declared an extra seat to be created to meet the 10% quota for female MPs.

Then Tuala announced he would join FAST, to end the deadlock.

The O le Ao o le Malo (Head of State) then attempted to dissolve Parliament and order new elections. A writ for the new election was issued on 5 May 2021.

Samoa's new FAST party cabinet in its first meeting.

Samoa's new FAST party cabinet in its first meeting. Photo: Eyespy Radio (Samoa) 87.5

The creation of the new seat and the dissolution were both challenged in Court. The Judiciary declared both of these unconstitutional, and therefore void. Instead, the Court upheld the election results and ordered parliament to meet within 45 days of the original poll.

More legal challenges and stand-offs followed.

But eventually, after a constitutional crisis the like of which Samoa has never seen before, the FAST party was confirmed as the victor, and a new Government was formed.

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