opinion: NECESSITY IS THE MOTHER OF INVENTION

PHOTO: Nah Folasa/Eyespy

25 May 2021: In an ever changing and surreal circumstance Samoa finally managed to swear in a new parliament within hours of the critical 45 day deadline expiring. This deadline is mandated by the Constitution.

Had this not happened an entirely new election would be called. Samoa would be left in the hands of a caretaker government with unbridled access to SoE powers until at least the end of this year and perhaps beyond. The former PMs desire for a snap election was quashed by the Courts so new tactics had to be adopted.

In other circumstances the situation might have been humourous. The reality is a shameful and globally embarrassing public display of tyranny, bullying and a megalomaniac quest for power.

Having won all 4 Supreme Court challenges 4 to Nil, the FAST party proceeded to prepare for swearing in accordance with the HoS proclamation last Friday. This proclamation was later revoked by the HoS (then proven invalid by the Court) and the former Speaker also sought to postpone the ceremony with a cut-and-paste order issued late Sunday night. This was simply ignored as being without authority.

Having exhausted all legal and quasi legal avenues, the HRPP resorted to less sophisticated means to frustrate and delay the swearing in. Under instruction, the HoS moved back to Falelatai, the Council of Deputies were unwilling to assist, the doors of the people's house locked and the Clerk of the Legislative Assembly instructed not to assist.

A hastily called press conference by the former PM sought to justify his actions. His explanation was littered with false claims and accusations.

In a further bizarre twist the swearing in ceremony was conducted in a makeshift tent erected on the grounds if the Malae o Tiafau. After hours of delay the ceremony was eventually conducted by the Speaker having been duly elected. An Acting Clerk was chosen by resolution to preside over the ceremony.

These actions were necessitated because of the refusal by officials, acting under explicit instructions from the former PM to assist.

We understand that the actions and procedures were conducted in accordance with the law and justified according to the "doctrine of necessity".

The HoS had already warranted the 26 members present as having been lawfully elected, they collectively formed a quorum and they proceeded in accordance with his proclamation issued last Friday.

The necessity for yesterday's ceremony required a non traditional but nonetheless lawful resolution.