#OPINION: RESPECTING THE RULE OF LAW
“No one, but no one, is above the law.”
As I have said before I am not a lawyer just a humble reporter. Last year I became quite an expert in viruses, vaccination, mutation and global pandemics generally.
More recently I have taken up Samoan Constitutional Law 101. It's really hard and very confusing.
What is most interesting is that no matter what side you are on the law is always with you. A bit like The Force in Star Wars! One side says black the other says white. Surely they both cannot be right. Is someone not telling the truth?
What is also fascinating is when both sides (teams) go to the Court (umpire) and the court makes a decision it seems one side always refuses to accept this decision and cries corruption, bias, wrong and then attacks the players and not the ball.
The current AG (the government's top lawyer) claims that the convening of parliament and swearing in of the new FAST government was illegal, unlawful and unconstitutional. She backs this up with a barrage of legal quotes and references.
On the other hand a former AG representing FAST states that the creation of the new government in spite of all delays and frustrations thrown at them is indeed lawful. This was done under the "doctrine of necessity". The necessity being the sitting of a new parliament before midnight on Monday 24 May. We just made that deadline.
What would appear to me to be unconstitutional is the behaviour of the HoS (also a lawyer). He publicly declared all the winners of the election on 12 and 16 April, issued an Order on 20 May to call parliament on 24 May and then failed to turn up to the swearing in ceremony that he himself had called.
I cannot see how he could have forgotten this date or the significance of this event because the Supreme Court explicitly reminded him of it on 20 May just hours before he issued his Order. It's like sending out the invitations then not turning up for your own birthday.
The current AG blames the FAST party for the failure for the HoS and HRPP not turning up. However the onus for attendance rest squarely with the HoS and orders which he issued and the Court verified as being lawfully binding.
The willful refusal of the HoS, former/retired Speaker and elected HRPP candidates to attend at the time, date and place specified by the HoS as required by the Constitution and endorsed by the Court itself would seem unlawful in my untrained opinion.
How can the attendance by FAST, senior church officials, the judiciary and diplomatic corps ever be construed as unlawful and unconstitutional?
What is also interesting is the behaviour of the former PM/HRPP and the current AG towards the Court. On the one hand they praise its independence and on the other claim bias and conspiracy. One day it calls for the Court's learned decision and the next, when that does not go their way (they have lost every challenge) they seek appeal (also lost) and say the Court was wrong.
Along with the actions of the HoS the actions by HRPP to delay, frustrate, refuse to accept facts, ignore specific and clear directions of the Court are nothing short of mischievous and willful disrespect for democracy and Samoan culture.
The HRPP are tapping into all possible legal options. As well as using the publicly funded resources of the AG and her office they have also engaged the former AG Ming Leung Wai and the former CJ Patu Sapolu (also both lawyers). Certainly the continued use of public resources needs to be halted given that the public has voted and called for a change of government. Does FAST have equal access to these resources?
It would appear to my untrained eye that like it or not, the rules are clearly spelled out in the Constitution. The Court remains as always unbiased and independent. It can only act in accordance with the Constitution and relevant legislation. Lawyers present arguments to defend their clients position. However at the end of the day we must accept the Court's judgement as the final arbiter between 2 (or more) conflicting opinions.
No one, but no one, is above the law.
Let's show some respect.