Political disasters and facts about the Constitution of Samoa. Part II

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Dear Editor,

 

The re-introduction of the Criminal Libel law in my own view is a conspiracy theory. 

I arrived to that conclusion because I believe; the reason why Prime Minister Tuilaepa defamed Unasa and the people of the protest march as explained in the first part of this discussion is because he left out himself to be an exception from the Criminal Libel law’s control because he is the Prime Minister. 

That is going to be the same situation for all government leaders. Conspiracy serves only the satisfaction of people who planned the conspiracy. It undermines the right purpose of the law or the law’s control for everyone without any exception. Therefore the Prime Minister’s and government leaders’ special door according to the conspiracy is already closed from the law’s control. 

However, when one door is closed, the other one opens. The conspiracy opens another door of opportunity for criticisms and challenges. That is the door for people who are not afraid to criticize and challenge the Prime Minister and other government leaders for the wrong things they have been doing to our country. That situation is the Prime Minister’s fault. 

That situation too is the reason why the Prime Minister did not know that the re-introduction of the Criminal Libel law is going to come around at him and hit him first. That means his words about the Criminal Libel law and defamation he did to Unasa and others reveals his double standard and hypocrisy. The other side he was not aware about is that the re-introduction of the Criminal Libel Law will play a huge part for the uncovering of political disasters and untruths about the Constitution of Samoa. The information that he gave about the Criminal Libel law are the great leads for the uncovering of political disasters and untruths about the Constitution of Samoa. 

This is one of the parts of the information I was referring to. Samoa Observer 23 December 2017 (P.M. defends Criminal Libel law) “Prime Minister Tuilaepa said the problem is when reporters add their opinions to the facts.” I don’t know about you Mr. Editor but I believe Prime Minister Tuilaepa is correct. The real problem the Prime Minister was talking about is [when opinions are added to the facts] or [the problem is when opinions are added to the facts]. 

Because I understand that the Prime Minister is correct about that situation therefore I took that situation [the problem is when opinions are added to the facts] in a good way and used it on a small research about the Prime Minister’s opinions on the Constitutional Amendments about Christianity and the foundation of Samoa as well as the opinions of the Prime Minister about the Constitution of Samoa in relation to mortgages and customary land. 

The definitions of the word opinion I prefer to use in this discussions in relation to the opinions of the Prime Minister are ‘interpretation’ and ‘judgment’. The ‘fact’ the Prime Minister has added his opinions to the Constitution of Samoa. To make things easier for us to understand I’m just quoting here below the Prime Minister’s opinions from news report by Samoa Observer and Savali with my responses after each quotation. As understandable, my responses are my own opinions and my opinions are focusing mainly on the truth and the context of the Constitution of Samoa. 

The readers according to our freedom, can create their own opinions, make their own judgments and draw their own conclusions if they don’t agree. Our agreements and disagreements are very important for deciding of truth and for maintaining of hope for a special day in future to resolve all problems that have been created by the Prime Minister and the H.R.P.P party. That special moment will put our beloved country right back to the right place it should be and then the voice of our country will certainly be treated again as first priority as it used to be for its foundation and its possessions.    

Prime Minister Tuilaepa’s first interpretation - Samoa Observer 21 May 2016 (P.M. pushes ahead with Constitution amendment) “Looking at the Constitution as it stands today, Tuilaepa said the preamble only talks about Christianity and Samoan traditions but that carries no weight. The Preamble of the Constitution reads: “Whereas the Leaders of Western Samoa have declared that Western Samoa should be an Independent State based on Christian principles and Samoan customs and tradition…””

 

My response – If the preamble only talks about Christianity and Samoan traditions but carries no weight according to Tuilaepa, then what else more the preamble must have in order for the preamble to carry a weight according to the purpose of the specific declaration about the foundation of Samoa and according to the purpose of the preamble? According to this small part of the declaration as quoted after this sentence, it covers all fundamental principles and genuine guidelines. “IN THE HOLY NAME OF GOD, THE ALMIGHTY, THE EVER LOVING. WHEREAS sovereignty over the Universe belongs to the Omnipresent God alone, and the authority to be exercised by the people of Samoa within the limits prescribed by God’s commandments is a sacred heritage. WHEREAS the Leaders of Samoa have declared that Samoa should be an Independent State based on Christian principles and Samoan custom and tradition…”

It covers everything that should be contained in the declaration on the preamble of the Constitution of Samoa such as the clause ‘Whereas’, God’s sovereignty over the universe, the authority of the people of Samoa is limited according to God’s commandment, the people’s authority is a sacred heritage, the group (Leaders) that framed the Constitution, the Leaders’ declaration and the foundation of Samoa (Western Samoa should be an Independent State based on Christian principles and Samoan customs and tradition). So what is the meaning of “no weight” according to Tuilaepa’s interpretation and judgment of the preamble? If it is inadequate it shouldn’t be repealed but just added few more contents to the declaration on the preamble according to the preamble’s purposes and then cite more clarifications about that declaration within the body of the Constitution. That action solves the problem of no weight or inadequate.   

Because that small part as quoted above of the Constitution is already repealed therefore, the Prime Minister and H.R.P.P must do the same repealing move to oath declaration and the list of Leaders who framed the Constitution that is still on the preamble. There is no purpose or weight or meaning of the oath and that list anymore on the preamble because the declaration about God’s sovereignty and the Leaders’ declaration that was framed by those Leaders are already repealed from the preamble. Therefore, the Prime Minister and H.R.P.P must repeal that list as well and replace it with the list of members of the H.R.P.P. because they have twisted the whole thing and changed the meaning of the whole thing in order to suit just the Prime Minister’s and H.R.P.P’s purposes. 

Prime Minister Tuilaepa’s second interpretation - Samoa Observer 09 June 2017 (Freedom of religion not threatened: A.G.) “When the Bill was introduced, Prime Minister Tuilaepa said the Constitution’s reference to Christianity was only in the Preamble. This was inadequate, he said. “Inadequate in terms of how Samoa as a Christian State is not included in the body of the Constitution. Instead it is in the cover and the preamble of the Constitution, not within the body of the Constitution. “This shows that it is not part of the Constitution. This does not stand in Court as it is not included in the body of the Constitution.” 

Tuilaepa said he understood the main reason it wasn’t included in the body of the Constitution then was because there were no religious wars in Samoa when the Constitution was initially written. He said that perhaps our ancestors were not thinking about it at the time. “This means that we have been misled all these years. And every time we say that Samoa is founded on God because it is in within our Constitution, God must’ve had a good laugh and thought that we have been fooling him. “And it has been more than 50 years since we have been fooling God, because this is not in the body of our Constitution.”

My response – My first impression of the Prime Minister’s opinions is misleading and weak. He must understand better because he has been in government for more than twenty years. The biggest mistake that was made by Tuilaepa Dr. Sailele Malielegaoi about the Constitution of Samoa was making of a wrong assumption from a colonized mind’s perspective that the ‘Preamble’ of the Constitution of Samoa is not a part of the Samoa’s own law and Samoa’s own Constitution. The Prime Minister’s assumption that was made from the role of Prime Minister does not make his opinions or his claim to be correct. The preamble of the Constitution of Samoa is part of the law and the Constitution. I can prove my point in two ways. First one is by common sense.

The Second one is from the context of the Constitution. By common sense, how can he say that something was framed and validated by the Leaders of Samoa does not stand in the Court that was started and established by the same Leaders at the first year of Independent? Therefore the Prime Minister’s assumption is absolutely not right in Samoa only. His assumption is the right meaning of preamble in countries that colonized Samoa according to the histories of those countries. 

The context of the Constitution and the basic structure of the Constitution is the other crystal clear evidence. Our history is different from the countries that colonized Samoa. We have our own customs and tradition. We accepted, respected and followed Christianity and Christian principles for a very long time before colonization. We fought against colonization to defend Christianity, our customs, tradition, and our lands and we won because of the power of Christianity. So we are not colonized. We the indigenous people of Samoa are taking control of our own lands with our own freedom.

The people of Samoa surviving now days including our Churches are living evidences to prove to the Prime Minister that the ‘Preamble’ of the Constitution of Samoa is part of the law and the Constitution. Those are historical events and historical facts can be cited from the Leaders’ declaration about Christianity and the foundation of Samoa that is on the cover and the preamble of the Constitution if we do an analysis of each phrases of the Leaders’ declaration. 

Therefore we can confirm that truth from the perspectives of the Leaders who framed the Constitution according to the context and the basic structure of the Constitution. And the truth is that the Preamble of the Constitution of Samoa is part of Samoa’s own law and Samoa’s own Constitution. 

Also, because of the fact according to the original that there is no recitation of the declaration about Christianity and the foundation of Samoa that is on the Preamble within the body or in the body of the Constitution therefore, that situation of no recitation of Christianity and the foundation of Samoa in the body of the Constitution is the other strong evidence about the Preamble as part of the law and the Constitution of Samoa.

I believe, the reason why is because of the simple reason that Christianity is about what we are and who we are. That’s us since 1830. The framers of the Constitution were all Christians. They framed the Constitution for our Independent on that basis. 

Because of that reason, therefore, there was nothing to be proved or to be defended about Christianity in the body of the Constitution of Samoa when the framers framed the Constitution. As signaled before, the people of Samoa became as Christians since 1830 and the people of Samoa have lived their lives as Christians according to Christianity since that time until now. Accordingly, Prime Minister Tuilaepa’s wrong accusation about misled that he pointed directly to our Leaders that framed the Constitution of Samoa is unfounded. Also, Samoa did not at any time fool God according to Prime Minister Tuilaepa’s wrong assumption. 

It is already proved, it was him the only person and the first Christian leader as a Prime Minister who fooled God by misleading our country with his intentional misleading interpretations in order to impose tax on what that has been forbidden by God, the taxing of Church Ministers’ earnings. He was able to execute that pagan kind of agenda because the declarations that stops him from doing that inappropriate actions has been already repealed from the preamble of the Constitution for that main purpose.

Now, the true Christians will have to go through obstacles after obstacle and after obstacles if they wanted to resolve that issue from now on. More clarification for that situation is explained very clearly by a loyal supporter of Prime Minister Tuilaepa known as PS Jeffrey on Samoa Observer. I am not against PS Jeffrey’s comments but I am just using his comments for clarification of my point.

PS Jeffrey commented about an Editorial by Samoa Observer on 04 July 2017 (Samoa Founded on Tuilaepa Sa’ilele Malielegaoi of Lepa?) “Pretty sure at least one HRPP MP voted against the tax the pastors (and HOS) bill. Could be others. Anyway,

1. The “christian state” constitutional amendment really means that all state functions will be done in the christian religion. For example, state funerals and all formal state occasions. Legally, someone could in theory have sued the government in future about the separation of church and state in school and on state occasions and they might have won if the “christian” thing was only in the preamble. So just to be sure, the amendment was put in the body of the constitution. That is now water-tight. Nobody can sue and hope to win now.

2. Pastors are not a protected species. They are citizens who serve a very important role in Samoan society but they are still only citizens who use the roads, the schools, the hospitals etc.”

Therefore in 1962 the first year of independence, the declaration about Christianity and the foundation of Samoa on the cover and the Preamble is just an acknowledgement of the God of Samoa that the Independent State of Samoa is founded on and the acknowledgement of what the Independent State of Samoa should be based upon (Christian principles and Samoan customs and tradition).

Our Leaders have made it that way and approved it that way in order to be followed and respected according to those ways. Those ways have stood legally in Samoa for more than 50 years until Prime Minister Tuilaepa changes the Constitution of Samoa. There is no confusion or contradiction between the cover, the preamble and within the body of the Constitution. I can only agree with the Prime Minister’s interpretation and judgment on the basis of confusion and contradiction. 

Prime Minister Tuilaepa’s third interpretation – Savali Newspaper 09 Feb 2017 (Customary land and hot air) “And when asked to comment, Tuilaepa said that he will respond with facts and not fiction. “Fact one. “Customary lands cannot be sold or mortgaged according to Article 102 of the Constitution of Samoa,” said the Prime Minister “However, customary land can only be leased or licensed under the Alienation of Customary Land Act 1965.

“Customary lands could also be taken for public purpose under the Taking of Land Act 1964. “If Government wants to allow customary land to be sold or mortgaged, then it must first amend Article 102. “The only way to amend Article 102 is a two thirds majority of Parliament approval and by holding a public referendum,” continued Tuilaepa.”

My response – Without the “tofa mamao and utaga loloto” of the four wise Chiefs of Samoa who upsets Prime Minister Tuilaepa’s secret plans about customary land with their complaints that was lodged to ADB, Samoa’s customary land would have been already in big trouble right now. He just came up with those informations publicly when he was caught by the investigation that was launched by ADB according to the complaints by the four wise Chiefs.

As a result of the upset situation, the government rushed in making of necessary amendments to Acts relate to customary land in order to cover up their wrong doings. Thanks also for the push back by the S.S.I.G. One day in the near future, Samoa will see the right reason why those people have sacrificed their lives for the protest march to voice the forgotten voice of Samoa in order to save our customary land.

The whole situation as explained by the Savali Newspaper is all about Tuilaepa’s power and the government’s power. Tuilaepa has left out the voice of Samoa and rights of the people of Samoa according to the declaration on the Preamble of the original of the Constitution of Samoa. If he wants to talk about facts then he must follow the right order or the right structure of facts.

He is interesting only on parts of the Constitution where powers of government are being highlighted. As I said before, if he wants to talk about facts, he must follow the right order or the right structure of facts. That is, he must tell the truth about why the right order and the right structure of facts have been affected by the Constitutional Amendments No. 2.

He must tell the truth why it is necessary for the government to own Samoa and to be ruled over by the mighty power of the Prime Minister according to the Constitutional Amendment No. 2. He must tell the truth why he muddles everything in order to hide his plans about customary land from the public that are not in line with the explanation of the Constitution he provided to Savali.   

Before, I used to trust our government 100%. However, since the government established a new law that is against Christianity and since the division had occurred among our people like the division between the government and some of the people of our country over our customary land, that whole situation about the trusting of our government has been changed completely.

Therefore the reliability, the validity and the trustworthiness of the government’s interpretation should never be trusted any more.The government’s misleading interpretation has led to so many confusions between Acts. 

Lastly, the saddest thing about the whole situation as already explained in this second part is that the Prime Minister was already aware about what he has been doing was wrong. 

So the Prime Minister has been misleading the interpretations of the constitution to convince Samoa in order to accomplish the goals of his agenda. His own opinions he added to the facts speak the truth about the Prime Minister’s behavior. That is the side he was not aware of about the re-introduction of the Criminal Libel Law.

The re-introduction of the Criminal Libel law was playing a huge part for the uncovering of political disasters and untruths about the Constitution of Samoa. 

 

Nanai Malonu’u Lealaiauloto Nofoaiga

Samoa

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