PM ADDRESSES THE NATION : TRUE OR FALSE?
24TH May 2021: In a carefully worded speech the caretaker PM held a press conference early this afternoon.
The address was full of selective interpretations of the constitution and some not so subtle jibes at FAST and the former HoS Tui Atua Tupua Tamasese Efi. It was classic Tui.
The speech sought to justify the position and the desperate actions which he has taken or instructed following last Friday's court decision which effectively confirmed FAST as the winners if the election.
In response to matters raised in the address we note (these are not direct quotes):
1. "We have one HoS (True) who has sole authority to convene parliament (False) and the swear in parliament (also False)".
- Under the Constitution if the HoS is unable or is declared incapable of performing his duties, his responsibilities fall to the Council of Deputies (CoD). If the CoD cannot or will not perform these duties responsibilities are transferred to the Chief Justice.
2. "FAST approached the CoD to overstep the HoS authority and swear in the parliament" (False) .
- It was the CJ who issued an order declaring the HoS incapable of convening parliament. This order was conveyed to the HoS (who apparently remains at Faleletai) by the Police Commissioner. By default the CoD is next in line to perform the swearing in ceremony.
3. "All government buildings are under the authority of the caretaker government and the caretaker PM and Cabinet have power over these (marginally True)".
-The caretaker government is RESPONSIBLE for all government assets including buildings which are owned by THE PEOPLE OF SAMOA. They are not the personal belongings of any one person especially those in a "caretaker" role.
4. "Only the parliament building can host the swearing in ceremony" (False).
- Watch me.
5. "For FAST to show up uninvited by HoS (False) and to build a tent (False) on the grounds of the people's building is beyond disrespectful" (False).
- The unexplained suspension order issued by HoS late Saturday evening to postpone the swearing in of parliament was declared void and invalid by the full bench of the Supreme Court yesterday (Sunday). Accordingly the previous proclamation by HoS issued on Friday afternoon calling for parliament to convene and for the government to be sworn in stands as being valid and remains in place. The erection of tents and other preparations for the opening of parliament was under the authority of Tiatia Graeme Tualaulelei, Clerk of the Legislative Assembly as instructed by the HoS.
6. "The show of force (?) by disregarding the suspension order by HoS is disgraceful"(False).
- The suspension order by HoS was declared void and invalid. Which part of the Supreme Court judgement is not understood? Selectively ignoring the law does not change the law.
7. "Tui Atua Tupua Tamasese Efi is the mastermind behind this facade" (Unknown).
- IF this is True he should be congratulated on masterful tactical response to an ever changing and unpredictable political landscape.
8. "The actions by FAST today are a coup in broad daylight" (False).
- FAST attended the Malae o Tiafau as instructed under the HoS proclamation. A "coup" is a "sudden, violent, and illegal seizure of power from a government". The FAST presence at Mulinuu was as invited guests, following 6 long weeks of political and legal challenge. It was peaceful, legal and in accordance with constitutional and cultural protocol.
9. "There are consequences for engaging in a coup"(True).
- A coup is also the unlawful retention of power at all costs and in disregard for the law.
10. "The Supreme Court's rulings do not in any way supercede the other powers (that the Speaker, PM and HoS weild)" (False).
- The Supreme Court establishes and interprets the law and issues judgements which become effective law. Failure to abide by its rulings make it a contempt if Court. Yes there is a separation of powers but no one is above the law. The Speaker, PM and HoS do not weild powers which supercede those of the Court. That is indeed why powers are separated .