ANOTHER LATE NIGHT MISSILE
Late Saturday evening Samoa's Head of State issued a further proclamation suspending the opening of parliament scheduled for next Monday .
The proclamation does not give reasons for his actions which would be known "in due course" and the timing for the opening of parliament was "to be advised". No rationale. No solution. Major implications.
The Supreme Court dismissed an appeal by HRPP last Monday which sought to add a further seat in parliament and thereby re-create the deadlock of seats won by HRPP and FAST. A stay of execution filed by the AG was heard and rejected by the Court of Appeal on Friday. Following dismissal of the appeal (which effectively reinforced the Court's decision earlier in the week) the HoS called for parliament to convene on Monday.
So what brought about this complete reversal of an as yet unjustified decision?
Well a number of things really:
1. The Attorney General filed a claim with the Chief Justice late Friday seeking to revoke the proclamation by the HoS to reconvene parliament. This was declined.
In response the CJ reminded the AG that the interpretation of the Constitution (relating to the 6th woman seat) had been dealt with by the Supreme Court and also dismissed on appeal. He stated that clearly the AG "does not accept the authority of the Supreme Court" and that she and the Electoral Commissioner "should be under no illusion that the ruling of the Supreme Court represents the law in Samoa and should be followed. Failure to abide by the law has it's own consequences".
2. The caretaker PM took to the press to lambast the Court, individual members of the judiciary and the appeal decision. His language was seen as mocking and contemptuous of the Court.
3. The HRPP lawyers missed the deadline for filing Electoral counter petitions and instead lodged private criminal prosecutions against Fiame Naomi Mataafa and senior FAST members in the District Court. These cases are due for arraignment on Tuesday next.
The AG is an officer of the Court and her role is to "Serve the people of Samoa by upholding the constitution and providing the highest quality legal services to the government" . Her core function is to "uphold the rule of law as embedded in the Constitution of Samoa ". When the CJ has to remind the AG of the need to respect the authority of the Supreme Court there are indications that perhaps the AG is serving too many masters.
So what is likely to happen? Given the current context, in spite of clear court rulings but given the desperate events to date, anything is possible!
However we do know that if parliament does not convene on Monday the 45 days from the April 9 election will expire. This is a breach of the Constitution and has been brought about by deliberate, belated and unexplained actions by the HoS. It is unknown whether he is acting on advice of the AG or instruction from the PM/HRPP but it is unlikely that he has acted in isolation.
The prospect of a second election clearly favoured by the caretaker PM could well be back on the agenda.
The budget which needs to he brought down cannot be presented as there is no parliament. This has implications for the delivery of government services and payment of public service salaries.
The criminal charges brought against senior FAST members will be heard. So too will the appeals and counter challenges of bribery and treating due to commence next week. The latter cases would appear to be academic and an exorbitant use of Court resources should a second election be called.
The events since the election have brought the personalities of all the key players sharply into focus. We have witnessed the exposure of underlying traits and questionable motives. Some have risen to the occasion while others have sought to frustrate.
Overall there is a sense of frustration and disillusionment that our leaders, our legal system and customary traditions are unable to work in harmony.