Attorney General Su'a Hellene Wallwork explained the constitutional and financial circumstances that led to the declaration of a state of emergency this week.

In a press release issued on Wednesday, Su'a wrote that the State of Emergency, which came into effect on 30 September, was triggered by the government’s inability to lawfully access the Treasury Fund.

Su'a, in her press release, stressed that there are enough public funds available, but without an Appropriation Act, the Constitution prevents the government from using them. “Accessing the Treasury Fund without lawful authority would breach the Constitution,” she said.

Since the financial year began on July 1, the government has relied on Article 95 of the Constitution, which allows spending up to 25 per cent of the previous year’s budget when a new bill has not been passed. By 30 September, most of that allocation had been exhausted.

The Attorney General stated that failure to act would have led to an economic crisis, affecting salaries, infrastructure, and contractual obligations. “The flow-on effect of not having access to the Treasury Fund would be significant and would impact our society as a whole,” she said. She noted that “the exercise of such power must be used cautiously

The Head of State, Tuimalealiifano Vaaletoa Sualauvi II, in consultation with Cabinet, has considered the circumstances and is satisfied that the lack of lawful authority to spend Treasury Funds is a grave emergency caused by internal disturbance (specifically, an economic emergency), giving him grounds to declare that a State of Emergency exists. 

Section 30 of the Public Finance Management Act 2001 was also activated to allow emergency expenditure to be approved by the Minister of Finance.

Su'a stated that the Constitution only permits such declarations in a “grave emergency” threatening Samoa’s security or economic life, which is translated in Samoan as faalavelave tutupu faafuasei mamafatū. The Head of State, after consultation with the cabinet, deemed the funding a grave economic emergency.

Parliament is scheduled to meet on 20 October, for the first time since the new government was sworn in, to consider and pass the delayed budget.