A campaigning conundrum of legal proportions

By The Editorial Board 01 July 2025, 8:50PM

Political parties have been left in a tricky situation, where many may have broken the law and continue to do so. The Office of the Electoral Commissioner has announced that the campaign period starts on 14 July and ends on 24 August.

Does this mean political parties that have been announcing their election promises can face legal consequences? Whether knowingly or not, that is what has happened. This OEC announcement means that campaigning in any form is only legal if done within the set timeframe. Some political parties have reached out to the OEC seeking more clarification. The best thing for all political parties would now be to refrain from such activities, which could be defined as campaigning. The OEC, being the legal authority on elections, has set a timeframe and failure to do so may eventually result in legal proceedings.

All promotions on social media, pamphlets, posters, broadcasting and printed media, meetings with voters, or anything related to campaigns are to be halted. The OEC reminded the candidates campaigning that the nomination period hasn't ended; it's against the Electoral law to campaign now. This includes posters on cars and even pamphlets that are being distributed. If a family member is running, wait until 14 July to stick the posters on your vehicle. Understandably, many political parties have spent substantial amounts of money on their campaigns, including videos, documentaries, promotions and posters, but the law is the law.

Isn’t that what Prime Minister Fiame Naomi Mataafa said when faced with the decision to sack La’aulialemalietoa Leuatea Schmidt? Her new party has also stated that theirs will be the one that will follow and maintain the rule of the law. It should be the same for all parties because we cannot have possible governments breaking the law even before they come into power.

The Electoral Act clearly defines what campaigning is in Section 42. This means everything being peddled on social media platforms needs to be brought down and can go up again on 14 July. Some political parties have been busy on their social media promoting candidates, and some even pushing their election promises. If it is a violation, then all this must stop so it is compliant with the time frame.

The campaign time frame allows political parties an equal footing to campaign. It is also important that all electoral laws are complied with during this period.  This includes the enticements, gifting and treating, all are covered under the law.

We have also had public servants intending to contest the election slowly stepping down. Last Friday, the acting Ombudsman, Maualaivao Pepe Seiuli, was farewelled from office as he has set his sights on pursuing his political ambition. On 30 June, the Aiono Dr Alec Ekeroma also had his last day in office. Samoa Ports Authority (SPA) General Manager So'oalo Kuresa So'oalo also tendered his resignation.

The Office of the Electoral Commission has announced the official nomination days, which begin on 7 July and end on 12 July. The law requires public servants contesting elections to resign when nominations are finalised. There is no other law stating that candidates have to step down after declaring their intent to contest. However, the right thing to do is to resign from public office once that intent is made clear.

This will prevent the abuse of government property and funds being used for a campaign. On that note, the Samoa National Provident announced a four per cent cash payout on Tuesday. The caretaker government took great pride in announcing the payout. It should be noted that the dividends were a result of the performance of the SNPF. This is also the time when credit would be taken by the people in authority. Remember that the caretaker government is in place because they are constitutionally required to be there so the government machinery can operate smoothly.

Campaign legally and honestly, do not abuse public funds to campaign and give credit where it's due.

By The Editorial Board 01 July 2025, 8:50PM
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