Speaker La’auli writes to Minister of Electoral Offifice

The Speaker of Parliament, La’aulialemalietoa Leuatea Polta’ivao, has expressed his disappointment in a letter to the Minister of the Office of the Electoral Commission, Fiame Naomi Mata’afa.

The Speaker’s displeasure stems from what appears to be an attempt to ignore recommendations made by a Parliamentary Select Committee in relation to the Electoral Amendment Bill 2014.

Tabled by Fiame last year, the Bill proposes to abolish the Individual Voters seats at the next General Election.

The bill also includes the requirements for traditional presentations, or o'o, to be performed after the election instead of the current practice.

In a letter dated 17 February 2015, addressed to Fiame and leaked to the Sunday Samoan, the Speaker is clearly disappointed. Prime Minister Tuilaepa Sa’ilele Malielegaoi, all Cabinet Ministers and Members of the Business Committee, Standing Orders are copied.

“Honourable Minister, it is to be admitted that I am currently in a critical situation due to my endless endeavours to appease the claims of dissatisfaction by the Members of the Committee due to the decision of Cabinet as submitted,” a translation of the Speaker’s letter reads.

“Members of the Committee find this action most demeaning as they had indeed requested Your Honour for a time to meet with you so you can hear the reasons behind the Committee’s recommendations, you responded that you had to meet your Ministry, and yet Cabinet has now delivered its decision.”

According to the Speaker, Cabinet’s decision refuses all the proposed amendments of the Committee. He compared this to homework being done by students for teachers to mark and yet they are ignored.

“As such where is our parliamentary democracy that we always talk about?” he asked.

“Are they merely words for us to enjoy and to be seen from outside as words echoed in the bush?

“Your Honour, it is to be admitted that the Committee is not perfect but the amendments provided were not done in the Committee’s bedroom, and submitted when they woke up. “Rather such amendments were based on the submissions of the witnesses who attended on the invitation of the Committee for comments and opinions on the issues from Parliament so to reflect as to which area is supported by the people who are likely to be affected by the Bill.

“This process took many days and not to mention time as the Committee had to carry out its work in Salafai."

“However, the feeling at the moment is that it is a waste of time and the question is - why bother to bring the work of Government to Committees when it is just a waste of time, instead of Government dealing directly with the Legislative, discuss the same in the Legislative Assembly and that’s it.”

In the end, Speaker La’auli said the Committees report and their recommendations will be considered when the Bill is up for discussion in the March session of Parliament.

The key Amendments in the Electoral Amendment Bill 2014 The main recommendations considered by Cabinet in the bill are; a) Replacement of the individual voters roll with two (2) urban constituencies; b) Dealing with the problems of electors (without kinship connections) residing within the Faleata and Vaimauga territorial constituencies who have swelled the rolls of those constituencies;

c) Territorial constituencies to cover any person (whether or not a matai title holder) residing within the Vaimauga or Faleata territorial constituencies;

d) Urban roll to include those in the current individual voters roll but this will be restricted to those living on lands (other than customary lands) in the Vaimauga or Faleata territorial constituencies;

e) The o’o and momoli to be undertaken after the declaration of polls;

f) The removal of the power of pulenuu to confirm candidacy of persons wanting to stand for elections as Members of Parliament.

A translated version of La’auli’s letter. Read the original letter in Samoan inside the Samoana Section.

17 February 2015 Afioga Hon Fiame Naomi Mataafa Minister for the Electoral Commission Electoral Amendment Bill 2014 I have received Cabinet’s decision regarding the Committee’s proposed amendments to be presented to the Legislative Assembly through its Report on the above Bill.

Honourable Minister, it is to be admitted that I am currently in a critical situation due to my endless endeavours to appease the claims of dissatisfaction by the Members of the Committee due to the decision of Cabinet as submitted. Members of the Committee find this action most demeaning as they had indeed requested Your Honour for a time to meet with you so you can hear the reasons behind the Committee’s recommendations, you responded that you had to meet your Ministry, and yet Cabinet has now delivered its decision.

I need not have to inform your Honour about the separation of Parliament and the Government, but as you may have heard what I said to the Leader of the Opposition yesterday, the rules and procedures have long been established, yet victory is attainable through respect and social relationships.

As of now, Cabinet’s decision has come to hand to refuse all the proposed amendments of the Committee; which to me is similar to homeworks done by students which when completed will be marked by the teacher.

As such where is our parliamentary democracy that we always talk about, are they merely words for us to enjoy and to be seen from outside as words echoed in the bush?Your Honour, it is to be admitted that the Committee is not perfect but the amendments provided were not done in the Committee’s bedroom, and submitted when they woke up; rather such amendments were based on the submissions of the witnesses who attended on the invitation of the Committee for comments and opinions on the issues from Parliament so to reflect as to which area is supported by the people who are likely to be affected by the Bill.

This process took many days and not to mention time as the Committee had to carry out its work in Salafai. However, the feeling at the moment is that it is a waste of time and the question is - why bother to bring the work of Government to Committees when it is just a waste of time, instead of Government dealing directly with the Legislative, discuss the same in the Legislative Assembly and that’s it.

Instead of wasting time and the energy of the Committee considering your work when you alone has the discretion to take or refuse the opinions of the Committee in order to save money paying the allowances of the Committee members.

We understand why the Government should accept the advice of the Attorney General in its capacity as advisor to the Government, yet, where would Parliament find refuge at times like this? Even the review of matters to do with General Elections when it’s over, no one knows more about the difficulties of the General Elections than ourselves. But when we look at the people appointed to be members of the Commission of Inquiries, most are those that did not make it through (to Parliament), whose suggestions appear to be of poor quality.

Even the members of the Individual Voters had met the Committee and agreed to go back to ascertain the boundaries of the urban seats but they never returned and instead came to Your Honour and eventually a Cabinet Decision came to hand with changes having been made to the said boundaries.

Is this in line with our parliamentary procedures, that something is submitted to be considered by us and you make the decision. The other reason has been provided in regard to the refusal of the Committee’s amendments given the numerous new things that have come up, and what about the other new things let alone the other new amendments? Is not the proper way of things for us in that these matters are brought to us and that we consider it together so to reach a decision based on evidence?

I need not have to explain to your Honour our parliamentary practices when a division of this nature arises where amendments by a Committee of Parliament contradicts the aim of Government, and the reconsideration of the issue remains unattended.

Also, the decision of the Committee-to submit the Report, Recommendations and Amendments to the Legislative Assembly in accordance with its investigations and considerations. Where Government feels otherwise then Parliament is the next option to consider it generally and make a decision.

Honourable Minister, the decision as given is hard to accept. I need not have to look for words - nevertheless we do not make the consideration and you do the determination and the decision-making. The members of the Committee and their capabilities is crystal clear to you. It is here that the original claim of the Committee is based, that if you had ignored the fact that we should have met to discuss our humble submissions of the Committee, we can only say that this Bill therefore be left in abeyance for the new Parliament.

The overall aim of the Committee with the commencement of its consideration of this Bill, was that if there were any flaws at the time with the conduct of elections especially simplifying the duties of the candidates, this was the time to again improve and smooth it. Supposing this to be not Your Honour’s wish as Cabinet relies on your recommendation then let it lie.

However, that being the decision of the Committee, the Report of the Committee will be prepared together with its Amendments to be in line with its investigations and considerations to be tabled in March’s session 2015.

With respect,

Hon La’aulialemalietoa Polataivao Leuatea Polataivao Fossie Schmidt Mr. Speaker / Chairman of the Business Committee, Standing Orders, Maota Fono & General Elections Copies:

The Hon. Prime Minister Hon. Ministers of Cabinet Hon. Members of the Business Committee, Standing Orders. Maota Fono & General Elections