Election ‘trickery’ alleged

The existence of Parliamentary democracy in Samoa was questioned yesterday when the government was accused of “trickery” in relation to the General Election.

The allegation was made by the leader of the Opposition Party, Palusalue Fa’apo II, after the government bulldozed through a bill about the elections.

The Electoral Amendment Bill 2014, tabled by the Minister of Justice and Courts Administration, Fiame Naomi Mata’afa, proposes major changes to the Electoral Act 1963.

One of the changes is the proposal to replace the Individual Voters roll with two urban constituencies.

Minutes into Parliament’s session yesterday, Speaker La’auli Leuatea Polata’ivao, introduced the bill by reading out a letter signed by the Head of State, His Highness Tui Atua Tupua Tamasese Efi, calling for the bill to be debated urgently.

But Palusalue was not impressed. He questioned the urgency of the bill reminding that it has serious ramifications on members of the public.

And therefore, it should not be rushed.

“This is not democracy,” he said. “You don't rush these things in a democracy.”

Faleata West M.P., Lealailepule Rimoni Aiafi agreed.

“This law, Mr. Speaker, will not only change Constitutional laws in relation to the constituencies for this generation, it will also affect future generations,” he said.

“So it’s not an easy bill.” Lealailepule said Members of Parliament and voters should be given enough time to mull over the proposed changes.

“So it shouldn't be rushed,” he said. “This law is not about us, it’s about the future of the country and there are Members of Parliament whom this law will go directly against.” Back on the floor, Palusalue was clearly unhappy.

“When I look at the way this law has been brought into the House, it’s trickery,” he said. “It’s being introduced today and it’s meant to be passed today. What about the rights of the people? What about the rights of the constituencies?”

Speaker La’auli immediately objected saying Palusalue’s comments were inappropriate. But Palusalue wouldn't stop.

“No (I don't agree),” he responded. “Because (the running of) Parliament is different today (from what it was).”

The Speaker ordered Palusalue to sit down “Are you saying that the signature of the Head of State is trickery? Tell me?” As Palusalue attempted to respond, the Speaker wouldn't have any of it.

“No sit down, sit down.” Raising his voice now, he said: “Whose letter in which instructions have been given for Parliament?

Are you saying that the Head of State is a fool (tuivalea) that he would just sign without considering this?

Be considerate with your statements.”

At that point, a calm Prime Minister, Tuilaepa Sa’ilele Malielegaoi, took the floor.

“There is an opportunity for debate,” he said.

According to the Prime Minister, the amendments in the bill are the result of “about three Commissions of Inquiry” and “these Commissions all have had reports presented to Parliament, which we have read.

“So this thing is not new.

This bill has been in Parliament for a while.”

Tuilaepa denied any intention by the government to trick Parliament into passing the bill into law. But Associate Minister and Individual Voters M.P., Papali’itele Niko Lee Hang was not convinced.

“I note that this law will be debated and passed today,” he said.

“My question is, does that violate the Constitution? Because the Individual Voters’ seats are in the Constitution and if we pass this bill, are we not violating the Constitution?”

Vaimauga M.P., Lefau Harry Schuster, also expressed his concerns.

“Neither do I oppose nor am I suspicious about the way the bill has been introduced because the government can speed through any bill that’s needed (to be passed),” he said.

“My question is, this is one of the cornerstones of democratic governments, the right of people to choose their leaders. As Members of Parliament, yes we have the right to debate these laws but lets be reminded that voters also have the right to choose where they want to vote.

“That’s the issue I’m looking at and I feel very sad (about it).”

Prime Minister Tuilaepa interjected telling the Speaker that Members of the House were already debating the bill when “the first and second reading haven’t been brought forward.”

As the Speaker was about to respond to the Prime Minister, Palusalue attempted to raise another point. He was stopped.

“I besiege you as the leader of the Opposition, this has happened so many times where I’m telling you something and you just get up and say whatever,” Speaker La’auli said.

“I advice you read the Standing Orders section 89. This is my last instruction to you.”

As for the issue at hand, La’auli said: “My opinion is that it is up to the government to bring the bills in whichever way they want. In the House, we have the opportunity to discuss these matters.

He added: “The Head of State has already signed (for this bill to be debated urgently).

I don't know whose signature could be above his signature. So let’s prepare to debate this Election ‘trickery’ alleged matter. If you have been preparing, now is the time to express your opinions.”

But Siumu M.P., Tuu’u Anasi’i Leota, had other ideas. “I want to express an opinion,” he told Parliament.

“I feel so sad about the urgent manner in which this bill has been brought in.

“When you look at it, it will not be given to a Committee. After the second reading then it will be passed and there is no way for it to be stopped.”

Tuu’u said this saddened him. “I feel so sad. This bill is a government bill,” he said.

“It involves the whole government and the government is made up of the Prime Minister, Cabinet Ministers and Associate Ministers.

“My disappointment is that there was no opportunity given to this party to express our opinions (about it), as members of this party.” Tuu’u’s point was greeted by a noticeable pause. But veteran M.P. and the deputy leader of the Opposition, Aeau Peniamina Leavai, supported Tuu’u.

“I want to say something about this matter before we reach the stage where there is no reversal gear,” he said. Addressing the Speaker, Aeau said: “The opinion of these members is that we have to weigh the importance of an issue before a decision is made.

“The constituencies haven’t been informed. Let's remember that we are merely messengers for our constituents and yet this House hasn't been informed about this (at all).” Palusalue immediately supported his colleague.

“My request to you Mr. Speaker is to let the bill go through the due process where it is passed to a Committee and then it is brought back to the House before it is passed. "Besides, we are nowhere near the election.” The Speaker, however, disagreed.

Again interrupting Palusalue, he asked: “Is it your will that we ignore what the Head of State has already signed? Is that what you want? That cannot happen.” At that point, deputy Prime Minister, Fonotoe Pierre Lauofo, took the floor.

“There is a little matter I want to raise because the country is listening in case people misinterpret the use of the name of the Head of State,” he said. “It appears (from the discussion) that it is the will of the Head of State to rush this matter. No, that’s not right. It is a recommendation from Cabinet to the Head of State and that’s why he signed.

“The decision to speed this through is from Cabinet. So the government gives the advice and hence the Head of State’s signature.

I want to clarify this in case people take it that it is the Head of State’s will to speed this through.”

The Minister of Women, Community and Social Development, Tolofuaivalelei Falemoe Lei’ataua, had a problem with objections from the previous speakers.

“I note that everyone who took the floor are senior members of the House, they have served the country for a long time and yet it appears that their understanding of Standing Orders is very weak,” he said.

“One of them is a former Speaker and what this tells us is that his wisdom is very green.”

Tolofua reminded that Parliament policies dictate that the only authority that allows anything to be discussed urgently is that of the Head of State. Palusalue did not take being called “green” lightly.

But as he rose to respond to Tolofua, he was told to sit down.

“I’ll correct him,” the Speaker reassured Palusalue. Back on the floor, Lealailepule urged Parliament to consider the bill carefully.

“Lealailepule will not stop the discussion of the bill but my advice is to please be considerate about the implications of this bill,” he said.

“This From front page law will shape the future of the government.” He also advised the Speaker to protect the integrity of the “house of Samoa.”

Again, Prime Minister Tuilaepa, was very calm. “This bill is part of the government’s efforts to improve the way our elections are carried out,” he said.

It was common knowledge that after every elections, there are always problems, he sad. “So with these amendments we’re making today, they will probably be dissolved at the next elections.”

Tuilaepa reminded that problems during elections are an on going issue. He reminded that when Identification Cards were introduced, everyone said that was the solution to the problems at the time. “But even that gave birth to another mountain of problems,” he said.

“So lets be mindful that whatever good things we come up with, I’m of the belief that there will always be a need to change (things)."

Tuilaepa said the overall aim is to improve the running of elections.

“Mr. Speaker, (as seasoned Members of Parliament) we are tired of numerous problems that have arisen that are caused by candidates, election after election.

“When we stop one way of corruption, another way surfaces. The goal of all these attempts by the government is so that we can reach a time when there are no more problems.

So this is not trickery, this an effort to improve our election processes.” Palusalue supported Tuilaepa. “That is our goal too,” he said.

“We want to improve the election processes. "But Mr. Speaker, please consider proper Parliamentary processes.

“If you are true to your word about transparency and accountability, these processes should be respected in reference to this bill.

“My request is for Parliament to follow its usual procedure (in the debating of this bill). Let’s have a Committee that invites views from the public.” That agitated Tuilaepa somewhat.

“Let me tell you this,” he responded to Palusalue.

“Our government is run by democratic principles. What does democracy mean? It is the opinion of the majority.

“There are times when there is even corruption in democracy. The problem is that there is no better system than democracy. So our government (tries to) follow democratic principles.”

In reference to Palusalue’s take on good governance, Tuilaepa said: “If I was sitting there (as the opposition) with a party of 12 which doesn't even make up a (the numbers for a) Cabinet, I would say the same thing.

“But what would you say (if you were sitting here as the government)? You would say everything that I’m saying now.”

Prime Minister Tuilaepa then pointed that “in this world, there is not just one thing, we have to consider other things in the performance of our work.

“That is democracy,” he stressed.

“These are not our systems but they were systems put in place by our forebears who approved our Constitution. They agreed that democracy is the process that shapes our policies and the way our country is run.”

As the debate wounded down, Aeau intervened and insisted to correct Tolofua.

“When it comes to these things, no one should just open his mouth in this House,” he said.

Tolofua did not back down. Insisting that what he said was the truth, he reiterated that the wisdom of people who opposed the introduction of the bill was not only “green,” it was also “sticky.”

But Palusalue had the last words. Referring to Tolofua, he said his comments were not only “stupid,” they were also “foolish.”

Parliament continues.