F.A.S.T. tells bureaucrats: respect country's laws

By Joyetter Feagaimaali'i 24 May 2021, 11:00AM

The Fa’atuatua i le Atua Samoa ua Tasi (F.A.S.T.) party has repeated calls for senior and junior public servants in Samoa to respect the laws of the country.

The appeal by the nine-month-old political party comes on the back of a decision by the Supreme Court in an urgent hearing on Sunday to overturn the proclamation by the Head of State on Saturday which indefinitely deferred the swearing-in of new Members-elect scheduled for this Monday.

In an urgent Court hearing Sunday morning presided over by the Chief Justice his Honour Satiu Simativa Perese; Justice Vui Clarence Nelson and Justice Tafaoimalo Leilani Tuala-Warren; the bench ruled that the announcement by the Head of State, His Highness Tuimaleali’ifano Vaaletoa Sualauvi II was unlawful and ordered that the Parliament convene on Monday in line with their decision last Monday.

In a statement issued by the F.A.S.T. on Sunday, the party said that last Friday at 12.00pm the Supreme Court denied an attempt by the Electoral Commissioner and the Human Rights Protection Party to stop the effecting of the Court’s decision on Monday 17 May, which declared the addition of a sixth woman to Parliament unlawful and void.

“That same afternoon, the Attorney General filed an application with the Court of Appeal under Article 70 of the Constitution which has also been declined, and in doing so the Court issued a Court Minute on Friday afternoon in which the His Honour the Chief Justice stated the following:

“Although it appears plain that the Attorney General does not accept the authority of the Supreme Court, we emphasize that the Supreme Court has ruled on Art.44 issue, a stay was sought but dismissed, and the Office of the Electoral Commissioner should be under no illusion but that the ruling of the Supreme Court represents the law in Samoa, and it should be followed. Failure to abide by the law has its own consequences.

“On a general footing, it appears that the questions that the Attorney General wishes to raise at this late stage of the lead up to the convening of the Legislative Assembly were adequately covered in the application for stay.

“The Court has ruled against the Attorney General’s application for stay of execution, and it has not invited further submissions.” 

The F.A.S.T. party then reminded that one must as a civilised democratic country rely upon the law to lead its path.

“This party has been forced to go to the Court to seek its direction on the actions taken by the Caretaker Government to stop Parliament from being called where their loss of control will be finally confirmed,” stated the party. 

“The Supreme Court and the Court of Appeal have made decisions about what the law is which needs to be followed and respected by all Government officials from the most senior to the newest and youngest recruits, because we rely on public servants to serve us by serving the law faithfully and honourably.

“[Saturday] evening, a Notice was distributed late in the evening, where the Head of State has (again) signed an Order setting aside an earlier Order which he made on 20 May convening Parliament on Monday 24 May 2021, which of course, is tomorrow.

“The Clerk of the Legislative Assembly and his staff, as well as those who have been elected and their families, the diplomatic corps, church and business leaders, are prepared for this day. 

“Those preparations should continue because this is yet another attempt by the Caretaker Prime Minister to undermine, and in this case to completely breach the requirements of the Constitution (yet again) and in doing so to act in complete disregard of the two decisions of the Supreme Court delivered on Monday 17 May 2021 and the Court of Appeal’s decision on the stay application on Friday.” 

The F.A.S.T. further stated that to accept electoral defeat has moved to obstruction and defiance by the caretaker Prime Minister, which include the alleged misusing of all the resources belonging to the Government so he maintain political power for himself and his party, to now the complete disregard for the law-as pronounced by the country’s own Courts, and the esteemed and respected Judiciary: who represent the last and final barrier before the slide into tyranny and autocracy over this land.

“Let us focus on the people that we are law abiding, respectful, faithful and humble with a culture moored in respect and Christian values, and place our trust in the law, its processes and the desire for justice in every aspect of our lives, so we may get on and act for the benefit of all of our people present in Samoa and with Samoa in mind overseas.” 

By Joyetter Feagaimaali'i 24 May 2021, 11:00AM
Samoa Observer

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