The Speaker of the House has ruled that a "corrupt arrangement", where a victorious candidate resigned from office as part of an electoral petition deal, does not disqualify that person from re-contesting next month’s by-elections. 

The decision was confirmed by Speaker Papalii Lio Masipau on Tuesday, after he issued a warrant to activate preparations for the seven by-elections now scheduled for 12 November. 

Papalii said his determination means that the Sagaga No. 4 M.P. Tuisa Tasi Patea – whose victory was questioned by his rival and petitioner Tagaloatele Poloa and led to the M.P. resigning and the petitioner withdrawing his petition in favour of a by-election – can now both register to contest the by-elections. 

The court in its ruling viewed the agreement as a corrupt arrangement that the candidates consent to and was an attempt to circumvent the electoral petition process. Those findings were referred to the Speaker to make his final determination. 

But the Speaker said the law is technically deficient in relation to the attempt to circumvent the electoral petition process and does not translate to a “corrupt practice”. 

“There is no provision which disqualifies a candidate from standing in a by-election where they have been found guilty of attempting to circumvent the process,” he said. 

“That means that the Electoral Commissioner and me as the Speaker have no powers to stop the candidate guilty of attempting to circumvent the process from running again despite resigning or withdrawing a petition. 

“In this case the candidates have not been found guilty of a corrupt practice but have been found to have attempted to circumvent the process which is not a corrupt or illegal practice [as] defined by law.”

The Speaker also clarified that the Safata No. 2 case where elected M.P. Nonu Lose Niumata resigned from office and challenger Laumatiaamanu Mathew Purcell withdrew the petition.

According to the Supreme Court report, Papalii said the withdrawal was not the result of a corrupt arrangement, thereby giving way for the candidates to re-contest the by-election.

The Office of the Electoral Commission has confirmed the issue of the writ for the by-elections on 15 October 2021.

It also noted the nomination period starts on 18 October 2021 and closes 22 October 2021. Those who registered to contest and wish to withdraw their nominations can do so by 29 October 2021.

The O.E.C. said the campaign period opens on 25 October 2021 and closes on 9 November 2021 with pre-polling scheduled for 10 November 2021 and the polling day proper on 12 November 2021.

Meanwhile, the Speaker has also dismissed reports from the opposition leader accusing him of strategically delaying the announcement of the by-elections.

Former Prime Minister and Human Rights Protection Party leader, Tuilaepa Dr. Sailele Malielegaoi claimed that the Speaker’s devious scheme denies the seven constituencies a voice in parliament.

But the Speaker said Tuilaepa together with two other members of the party were well aware of his intention to deliver his decision on the by-elections within 2 weeks. 

In a meeting with the leaders, Papalii claimed Tuilaepa had queried him about when the by-elections will be done.

“I told them in that meeting to give me two weeks to go over the reports from the Court and make my determinations on Tuisa’s case,” said the Speaker.

“Tuesday this week is the expiry date of that two weeks-notice I had mentioned in the meeting and today I have informed the Electoral Commissioner about the by-elections.

“For him to publicly say that they are not aware of when I will make my decision is a lie because we had discussed it in a meeting…”

The Speaker added that he needed time to go through the Court report on the election petitions and make a decision on the corrupt arrangement issue. 

He said the matter is not easy and this is the first time that the Court has referred such a matter to the Speaker to make his own determination on the legal issues.