Constitution of Samoa: There are always three powers

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Dear Editor

This is a power struggle between the P.M. (he should only hold one power) and Judges and Court System (the other of three powers).

There should always be three different and separate branches of government (power) in Samoa.

The P.M. should not interfere or control the other two branches of government in Samoa. Each of these three different branches (power) of the Samoa government checks and balances the roles and functions of the other branches. 

This checking maintains the balance of power between the three branches and does not allow the Executive (administrators,) the Parliament (Prime Minister/Ministers) or the Judiciary (Judges and Courts) to assume too much or all power. 

The Judiciary (judges and court system) should be independent of the Parliament (P.M./Ministers) and are very important for maintaining the balance of power in Samoa. 

It is very important that the Judiciary (Court system) is independent of the P.M. (Legislature) and his influence.

No matter what the P.M. says about how inefficient the Judiciary is - he is lying! What the P.M. is trying to do is become the ultimate dictator (control all three power branches of Samoa politics – no, no, no, P.M.! You can’t do that!)

He wants to be: (1) The Law Maker – P.M. makes all the laws in Samoa (P.M. should stick to only what is his only given power and not interfere with the other two powers) 

(2.) The Judge – P.M. wants to interpret his laws the way he sees it (keep away from this power P.M. it belongs to the Judges and Court system!) The P.M. is lying when he says they are inefficient or he is receiving so many complaints - give us the hard evidence. Don’t believe anything that comes out of his mouth. 

(3.) The Administrator - the P.M. wants to have control of how to run the day to day operations (P.M. stop interfering with the day to day running of those offices – P.M. keep far away from there!)

The political system in Samoa should not bow down to any dictator like the Prime Minister. He has given limited powers for a very good reason (even if H.R.P.P. won 99% of votes it does not matter) and it is designed that way for the benefit of all Samoans. 

Too much power given to one man (P.M.) makes him all crazy in the head. Again the political system in Samoa should be always based on the principle of the separation of powers into three (3) branches:

(1) Executive - execution of laws (2) legislative - Creation of laws and (3) Judicial - interpretation of laws 

The Judges here are rightfully attempting to prevent the Prime Minister from gaining too much power. 

So again for the Samoan political system to operate freely and fairly 

the Executive does not create or pass laws (that is the role of the legislature (P.M. and Ministers.) The Executive does not interpret laws (that is the role of the judiciary (judges and court system). 

The Executive only enforces the law that was created or passed by the legislature(P.M. and Ministers) and interpreted by the judiciary (judges and court system).

So the P.M. should not and cannot interfere with the Judge and court system. He knows that, but he is trying his best. 

The P.M.’s only job is to create and pass laws but not to enforce them (that is the executive division) otherwise he becomes the all powerful (having control of all three powers - law maker, judge and administrator)

Keith Alderson

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