RE: Friction between Judges and Parliament Inquiry
With only one essential difference that I know of about this Friction, and that is: The Matai Leaders unanimously elected firstly and foremost by Suli of Aiga Extend Family, in Village Councils of Samoa; are at the Centre of “this Friction” as reported by the Samoa Observer Article mentioned above.
Otherwise, the situations that brought about this friction the Government of Independent Samoa, found herself knowingly or unknowingly in; is not an accident. The present impasse of Constitutional Proportion, has come about, by the inability of our HRPP Leaders to comprehend the serious consequences, of not abiding, to the Philosophy Underpinnings, of the So called West Minister Model of a Form of Western Democratic Governance, as it operates in other Western Democratic Countries.
This where it is impossible to come to such Constitutional impasse, as in Written, or Unwritten Constitutional Government Model, like in the U,K. And Australia West Minister Model of Democracy in operation since the beginning; and very unlikely, that a friction between the Judiciary and a Parliamentary Committee will ever occur.
In a similar situation if and when it happened; as it is now, actually happened for the First Samoa; ever since, we embarked on the Party System, and in mimicking the West Minister Model of the Parliamentary Form of Democracy; when we unthinkingly in our 2nd Constitutional Convention, compromised, the Matai System Decision Making Process of Unanimity which we know very well.
We allowed the Tyranny of Plurality Decision Making Process of Western Democracy Form of Governance, which we know nothing about; yet we blindly adopted, in, our Constitution, as an expedient alternative solution, to activate immediately; if the Matai Unanimous Agreement Decision Making Mechanism as the first requisite does not work; but has always work in Samoa; and unfortunately, our consensus solution of the Samoan, has always viewed, and looked down upon, amd interpreted by Western impatient Scholars as inferior, and is very slow, and time consuming, in reaching Agreement efficiently; and especially, on critical issues, that required instant solutions, from the point of View of Western plurality or majority votes elected Leaders of the Western World!
To the Mind of the Consensus chosen Matai of Samoa, the always effective Matai Decision Making Process of always reaching a Unanimity all the time; there is no critical Issue in existence, that is more Important, in the Psyche of The Samoa Matai, sitting in deliberation in the Matai Village Council every Week, than the Issue:
“ Of always, maintaining Effective Security and Genuine Peace, among the Suli of an Aiga Potopoto, the Communities in Nuu, and the Atunuu, of Samoa, or even the whole World, all the time; without the necessity, of employing Weapons of Military Units or Armed Police Forces, to maintain any symbol of, or real Security and Peace, among the real people, in Aiga, Nuu, and Atunuu o Samoa, or the World for that matter; which are always unnecessary and extremely costly to maintain, and achieve, in terms of life, property and time losses, as well as huge amount of money, wasted!
At the beginning of March this year 2016, Independent Samoa, held, its five yearly term Election, since the five year term was passed and began in the 1901 General Election; and in 2001, the 3rd Five Year Election was held; and in 2003, The Remuneration Act of Parliament, in which the Salary of Associate Ministers was approved, and thereby, the Associate Ministers of more than 15 Members of Parliaments were established and entranced, from then on, to the Positions of Associate Minister without amending the Constitution-; but nevertheless, were permanently fixed, by the passing of the Remuneration Act 2003; and Associate Ministers are now like the Ministers of Cabinet, in terms of the length of time serving as a part of, the Executive Cabinet ; and right away, the number of the Executive Ministers of Government increased from 13 to at least 28 including the Prime Minister.
When, a Parliament was dissolved, by the Head of State for the 2006 General Election, at least 28 Cabinet Minsters including at least 15 Associate Minister, continued in Office, and received their Salaries, and all other expenses paid by Government for maintain their positions as Associate Minister; and further more, the Care Taker Government appointed by the Head of State, afte the Parliament was dissolved in 2006.
Executive Ministers and Associate Ministers, of the 14th Parliament, continue their positions, as were also appointed, as Care Taker Government Ministers and Associate Ministers, by the Head of State, and they were to vacate their Care Taker Ministerial and Associate Ministerial Appointment, within 7 days, after a New Cabinet of Ministers is sworn in by the Head of State in 2006.
With the passing by Parliament of the 2003 Remuneration Act, and approved and signed by the Head of State at the time; there was no longer a Free and Independent Parliament in Existence in the Independent State of Samoa.
With 28 out of 47 total Member of Parliament of Samoa, as the Executive Ministers and Associate Ministers appointed by the Prime Minister, and approved by the Head of State; all 28 Ministers and 15 Associated Minister owed allegiance to the Prime Minister and Cabinet and Executive Government.
Naturally, their loyalty to the Prime Minister, is more important, than their loyalty, as completely Free, and Independent Free Member of the Legislative Branch of the Three Prong Free Independent Branches of the West Minister Model of Democratic Form of Government of the United Kingdom, Independent Samoa Matai Government struggled to immediate, ever since she became independence since 1962; at the expense of following faithfully, the Resolution 13, of the 22nd Session of the UN Trusteeship Council Meeting, held in N.Y. City, New York State, of U.S.A. in 1957.
This was to have the Independent Government of Samoa, operated on the Faamatai Model of the Samoan Custom and Tradition, that not Decision is reached without an absolute consensus of Matai Decision Makers, as representatives of every Samoan Suli, as in the Fono of Village Matai Councils every week through out Samoa; and where Security and Peace throughout every day in Samoa, without the necessity to maintain costly armed military and police forces to assure the maintenance of Security and Genuine Peace every day through out Samoa
Sad, to say, that the Contents of the Samoa Observer Article, referred to above ; and the Committee Report of the Special Committee, table in Parliament on the 20th of December, this year, that was tasked by, a no longer Free Parliament, looking into the Rule of Procedures of the Court System of Samoa, including the Lands and Titles Court, if true: there is now other Conclusion, a Peace Loving Matai of Samoa, can make;
The Free Three Prong West Minister Model of Democracy by plurality or majority Votet, of Decision Making; that has been, mimicking unsuccessfully, by the Independent State o Samoa since 1962,; and with the introduction of a Party System in the Samoa Independent State; now is entrenched and in operation in the workings everyday of the Independent State of Samoa, since 1988; is Disastrous and Complete Failure; will soon bring Samoa to a brink o Mass Murderous, worse than what is happening, in Syria, in the Middle East at the present;
And if persisted any longer, without reaching an Urgent, Serious, and Effective Solution, borne out of the Tofa Mamao, and Humility, of the present Matai Leaders of the Independent State of Samoa; Samoa as an Independent Party System Democratic State, will go through the same Mess, like what is happening today, in all countries of the World, except The Samoa Form of Matai Democracy, as it adhere to in governing by 100% Consensus Agreement all the people, al and all the time, in all villages throughout Samoa today, and the future.
The only hope for a Secured and Genuinely Peaceful Samoa Permanent Form of Matai National Government in the Future, is for the Matai of Samoa who are now running the Independent State of Samoa, as Member of the Free Independent Judiciary of Samoa; the Members of the Free Executive Branch of Samoa; and Free Member of the Legislative Fono of the Independent State of Samoa with Her Matai Head of State; and the Governor, Senate, and the House of Representative of the Unorganized Territory of American Samoa; in True Samoan Matai Humility, to moved immediately, in preparation, to come together, to an All Samoan Matai Constitutional Convention, to be held within the next 24 months: for all o Samoan Leaders, of all Non Government and Charity Organizations, and Matai Village Councils, from Manua to Falealupo; for the Purpose of Establishing, the The Independent United Villages State of Samoa, in the South Pacific Region, ALAMOA; and based on The UN Trusteeship Council Resolution No. 13, at its 22 Session, held in 1957, at UN Headquarters, at New York City, in New York State, of the National Government of the United Independent of America. Soifua,
Ia manuia le Tausaga Fou, 2017, Samoa.