It was not a wise move on the part of Faatuatua i le Atua Samoa ua Tasi (FAST) candidate for Falealili No. 1, Toelupe Poumulinuku Onesemo. He reportedly pressured the Office of the Electoral Commission (OEC) to begin counting special and pre-polling votes earlier than scheduled.

Toelupe’s action shows no regard for the rule of law. For someone not new to politics in Samoa, he has surely acted like someone who does not understand how the electoral process works. The OEC is a constitutional office, and it acts on the laws guiding it. The counting process is a tense time and filled with immense pressure, but it does not empower politicians to show up and start demanding a recount or OEC staff to finish counting the special votes.

The OEC has outlined its procedure and timeline. It has made it clear when the deadlines for certain processes are. There was a deadline for registration of voters, nomination of candidates, candidate challenges, pre-polling, polling, and there is a set procedure for counting. These are legally binding timelines and procedures.

For the sake of transparency and accountability, scrutineers for candidates are allowed where counting is taking place. Section 80 (2) of the Electoral Act states that “permitted person” means the Commissioner, the Commissioner’s assistant or one scrutineer appointed by a candidate who chooses to be present and may extend to observers as confirmed by the Commissioner, and representatives of the media.

Section 81 states that a candidate is prohibited from acting as a scrutineer. Despite these being outlined in the Electoral Act, Toelupe showed up at the operations centre at Tuanaimato and demanded a recount, when it was made clear that all special votes and pre-polling votes would be counted on Monday. It has also been made clear that all votes will also be recounted on the day.

Toelupe’s action shows disregard for the rule of law. This is not the first time Toelupe has done something that contradicts the law. In 2023, he broke protocol, allowing the American Samoan-flagged pleasure boat, Kite Runner, approval after it had arrived in Samoa. Later, he went to detain a journalist who showed up to question him regarding his action. If Toelupe has broken the law, he should be subjected to the repercussions that follow from such action.

Hopefully, this was a one-off incident, and FAST party leaders take steps to curb such actions. We cannot have candidates and a ruling party that has no regard for the law. This is an indication that the worst is yet to come.

People have to remember that the rule of law prevents the abuse of state power, requires the law to be followed by all, and ensures that legal rights are fulfilled in practice. It also provides the means for various other core aspects of democracy to be safeguarded – for example, making certain that the laws made by parliament are enforced, and that fair conduct of elections can be guaranteed.

More broadly, it underpins social functioning by providing fair and legitimate routes for disputes to be settled. It supports stable economies and economic growth by upholding property rights, facilitating the elimination of corruption, and maintaining a business environment in which contracts are enforced and international trade and investment can flourish. The rule of law alone is not sufficient to make a state democratic, but a state which does not observe it cannot be a healthy democracy.