The fight for justice in relation to corrupt practises exposed within certain government bodies is not over.
That’s the declaration from Associate Ministers, Papali’i Niko Lee Hang and Tuu’u Anasi’i Leota.
They say that although Parliamentary proceedings may have bound their hands, to suggest that they have given up the fight for justice is wrong.
During an interview with the Samoa Observer, Papali’i and Tu’u’u say there are other avenues to tackle the dishonesty that revealed by the Controller and Chief Auditor in his 2010 report and supported by the Officers of Parliament Committee (O.P.C.) in their report tabled in the House last year.
Papali’i said that he never said they could not win; it is just that according to Parliamentary proceedings they, as politicians, cannot pursue the matter.
“I did not say we cannot win,” he said. “Because if I made that statement (it means) I have given up, but I still believe that we can win.
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“So there is a misunderstanding and also a misinterpretation by the public (about) what I have been fighting for and this is like a surrender, which I am not surrendering.
“We cannot do anything as Parliamentarians, because Parliament has its own rules.
“Whatever decision is made by Parliament is final so as a Parliamentarian, I cannot go over that process to fight for justice – but there is still room to fight.”
In clarifying his position, Papali’i said that through Parliamentary proceedings when a government response is tabled, according to Prime Minister Tuilaepa Sa’ilele Malielegaoi, the decision made by Parliament is final and if there is no debate, no other branch of government – the administration or the judiciary - can interfere.
“That is what I meant,” said Papali’i. “We cannot do anything as Parliamentarians because Parliament has its own rules besides the court, so whatever decision is made by Parliament, that is final.”
He said if they were to go against the Parliament it would be a serious matter. “Because Parliament has made a ruling so if you take the matter further from there, then we will be taken to court for contempt of Parliamentary proceedings.
“But that doesn’t stop members of the public or the civil society to do something about it.” Tu’u’u clarified that what people are pursuing is something that they said last year. “If we are not satisfied with the government’s response, we will move onto another step,” he said.
“But as Parliamentarians, now we cannot because Parliament has made a decision and we have to follow suit – our hands are tied.
“But there are other avenues to question it.”
Papali’i said this is why they would leave it to civil society, the tax payers, the members of the public to pursue the matter perhaps through a private prosecution.
“It is open to them (the courts) – if one arm of the government is wrong, step in and see how they can help,” he said.
“But as a Parliamentarian, I cannot go over that process to fight for justice but there is still room to fight for justice - I am fighting for justice.”
He said this is why they are leaving it to the public to pursue.
“If ever I am asked to provide evidences well I have got all the documentary evidences there.
“I am willing to defend the integrity of all members of our Committee and our report as well.
“Because the government’s response has rubbished our report.
“I have I never said it can't be taken to court – no way it can be, there is proof and evidences of corrupt practices, big time.”
So disheartened are Papali’i and Tu’u’u by the governments response to the O.P.C.’s report, that they are looking at drafting an Anti Corruption Bill and introducing it to parliament.
“That is what I can recommend,” Papali’i said. “Shadow Finance Minister Dr. Afualo Wood Salele did raise it one time but I don't think the government has ever had a close look at that.
“We also recommend an anti-corruption body, that is our recommendation.
“It is damaging to our development partners to hear that corruption is here.
“We need to stop it – if we can’t stop it now… finally our development partners will confirm it then that is the end of their assistance to us.
“What is going to happen then?
“So what we are trying to do is to stop it completely before it gets worse.”
Papali’i concluded that as parliamentarians what they have been fighting for since this issue came up is for justice to be done.
“And I don’t believe in leaving this issue up in the air, justice needs to be served to be done, to be seen,” he said.
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