A Commission of Inquiry has recommended amendments to the law to compel political parties to become more transparent about their financial support and election expenditure. 

The recommendation comes on the back of public consultations by the Cabinet-approved COI into the controversial April 2021 General Election. 

The report of the COI stated that substantial financial support for political parties came from individuals, businesses and the Samoan diaspora during the 2021 election. 

It noted the elections seemed to be dictated from overseas and there are no provisions in the Election Act that compels a candidate or political party to divulge the amount of funds donated or gifted by supporters.

“Without such provisions, there will be problems with corrupt and vote-buying by candidates and limited chances of winning for poorly resourced candidates,” the Commission said about challenges. 

“There are also no provisions in the Act for political parties or candidates to divulge and publish the identity and amounts donated by private donors to support their election campaigns. 

“Without such provisions to control the sources of campaign finances and legal penalties for non-compliance, there will always be doubt over fair competition or conflict of interest when the alleged donors are awarded big contracts by a new Government.” 

Leading up to the 2021 General Election, the Fa'atuatua ile Atua Samoa ua Tasi (F.A.S.T.) party announced that more than SAT$1 million in funds was collected from overseas supporters for its election campaign. 

That SAT$1 million did not include contributions from the local community and businesses and other donations from fundraising events held in New Zealand, Australia, Utah, Alaska and the mainland United States. 

The Human Rights Protection Party (H.R.P.P.) on the other hand turned to donors after it was defeated in the 2021 General Election, announcing a slew of fundraising activities to cover its legal costs and by-election preparations. 

The H.R.P.P. at the time announced having to fork out a minimum of SAT$400,000 in legal fees as a result of court proceedings.  

Political parties are registered annually with the Office of the Electoral Commission (O.E.C.) and the Ministry of Commerce Industry and Labour as incorporated societies. 

However, the Commission said their political activities need to be more transparent and highlighted the need for penalties for non-compliance by political parties.  

It was then recommended to amend the Electoral Act to enforce the submission of audited returns to the O.E.C. covering the 3-month election period within three months from the day of the general election or by-election.   

Other recommendations include the submission of political parties' annual returns covering all electoral-related activities for the previous financial year, within 34 months from the last day of the year concerned. 

The Commission suggested further amendments to set the limits of expenditures incurred by the political parties and elections candidates and other financial transactions with corresponding penalties for non-compliance. 

Currently, political parties can be registered with the O.E.C. by the party secretary with the name of the party clearly identified with acronyms, provision of communication details, a list of not less than eight registered financial members, and payment of a SAT$3,000 registration fee.

According to the Commission, many participants during consultation supported the registration of political parties and for an M.P. who leaves a party to resign from the parliament and return to a by-election.