HRPP Opposition Leader Tuilaepa Sailele Malielegaoi, Guest Speaker For NUS Staff and Students, 14 April 2023

GOOD AFTERNOON TO YOU ALL. WHEN I WAS CHATTING WITH YOUR VICE CHANCELLOR EARLY LAST MONTH, THE SUBJECT OF MY APPEARANCE TO GIVE A PEP-TALK TO THE NUS STUDENTS CROPPED UP AND I THOUGHT IT WAS A GREAT IDEA. 

MANY TIMES, NUS STUDENTS CAME TO MY OFFICE ON THEIR VARIOUS ASSIGNMENTS AND TOOK PHOTOS WITH ME AND SO THIS MORNING, I TAKE IT YOU ARE ALL STUDENTS OF NUS. AFTER ALL, THERE IS A VAST OCEAN OF KNOWLEDGE MAN HAS YET TO DISCOVER AND WE REMAIN STUDENTS THEREFORE OF NEW KNOWLEDGE, EVEN UP TO THE TIME WE KICK THE BUCKET.

I WAS TOLD ALSO TO LIMIT MY SPEECH TO 200 WORDS AND THAT I SHOULD SUBMIT MY SPEECH THREE WEEKS AGO BECAUSE IMPORTANT PEOPLE WILL LISTEN IN FROM OVERSEAS. I AM FROM THE OLD SCHOOL WHERE IF THE SPEECH IS DISTRIBUTED IN ADVANCE, IT’S LIKENED TO A PATIENT WHO WENT TO SEE A DOCTOR FOR HIS APPOINTMENT AND WAS TOLD BY THE SECRETARY “SPEAK TO THE RECORDER, THE DOCTOR WILL COME LATER AND CONTACT YOU ABOUT YOUR PROBLEM”. 

THE PATIENT THEREBY WENT TO A BAR NEAR BY BOUGHT A GLASS OF BEER AND FOUND HIS DOCTOR DRINKING, WHO TOLD THE PATIENT “DID YOU SEE MY SECRETARY? YEAH, AND?, OH YES, MY RECORDER IS TALKING RIGHT NOW TO YOUR RECORDER ABOUT MY PROBLEM”

THE SUBJECT I HAVE CHOSEN TO TALK ABOUT IS “POWER CORRUPTS AND ABSOLUTE POWER CORRUPTS ABSOLUTELY” AND TO STOP THE ABUSES OF POWER, A SYSTEM OF CHECKS AND BALANCES OF POWER MUST BE IN PLACE TO ENSURE THAT PEOPLE OF A NATION LIVE IN PEACE UNDER THE RULE OF LAW

I HAVE WRITTEN AND SPOKEN PUBLICLY A LOT IN MY INTERVIEWS ON THIS SUBJECT MATTER OVER THE LAST TWO YEARS, AND THE MATTERS I WILL COVER ARE NOT NEW FOR THOSE WHO HEARD MY INTERVIEWS BEFORE.

IT IS HUMAN NATURE THAT WHEN POWER IS GIVEN TO ONE PERSON OR GROUP OF PERSONS THE TENDENCY IS TO MISUSE IT. THAT IS THE ORIGIN OF THE JARGON WE OFTEN HEAR, THAT POWER CORRUPTS AND ABSOLUTE POWER CORRUPTS ABSOLUTELY. 

AS A RESTRAINT TO THE MISUSE OF POWER, THE SOLUTION IS TO USE POWER TO CHECK POWER. WHEN POWER IS THEREFORE GIVEN TO A PERSON OR GROUP OF PERSONS, ENSURE THAT POWER IS ALSO GIVEN TO ANOTHER PERSON OR GROUP OF PERSONS TO PROVIDE A COUNTER CHECK.

KINGS, QUEENS, DICTATORS HOLD ABSOLUTE POWER. THEY ACT AND LIVE BY THE SWORD, AND BY THE SWORD MANY OF THEM DIE. AS OUR LORD WARNS ST PETER HIS APOSTLE AND HEAD OF HIS CHURCH. 

MANY ABSOLUTE RULERS DIE BY THE HAND OF THEIR SPOUSES, THEIR OFFSPRINGS, BROTHERS, SISTERS, GENERALS, SECURITY GUARDS, THEIR LOVERS AND EVEN THEIR HOUSEKEEPERS, AND THEIR CHEFS. EVEN NOW, MANOEUVRE VLADIMIR PUTIN IS DEAD SCARED OF POSSIBLE ASSASSINATION USING A DOUBLE TO RIDE IN HIS CAR TO ATTEND CERTAIN CEREMONIES ON HIS BEHALF AND ONLY THE SECURITY TEAM IS AWARE OF THE DECEPTION.

IN SAMOA, WE HAVE OUR OWN CHECKS AND BALANCES SYSTEM IN PLACE SINCE TIME IMMEMORIAL. POWER IS VESTED IN THE VILLAGE, FONO A ALII MA FAIPULE (THE COUCIL OF CHIEFS). AND ALL THE BIG GUNS AND SMALL GUNS HAVE A VOICE IN THE DECISION MAKING. OVERTIME A MATAI OR TWO WILL EMERGE AS LEADER(S) WITH THE ABILITY TO OUT MANOEUVRE THE OTHER MATAIS IN THE CONSTANT COMPETITION IN ORATORY FOR THE SIMPLE REASON. THE WINNER GETS ALL THE MATERIAL REWARDS IN CASH, FINE MATS AND FOOD ON ANY CEREMONIAL OCCASION REQUIRING AN ORATOR TO DELIVER A SPEECH ON BEHALF OF THE VILLAGE.

YOU ALL KNOW THAT INFORMATION IS POWER, AND THE RESPECT AND DIGNITY ASSUMED BY THE LEADING ORATOR OR PROMINENT CHIEF LEADS TO THE MISUSE OF THAT POWER IN ENGAGING IN OTHER CORRUPT ACTIVITIES LIKE IMPOSING PENALTIES ON OFFENDERS OF VILLAGE LAWS AND ETIQUETTE CONSIDERED CRUCIAL FOR THE VILLAGE PEOPLE TO LIVE IN PEACE AND HARMONY. IN TOLERANCE OF SUCH OUTRAGEOUS BEHAVIOUR LEADS TO THE COUCIL INVOKING THEIR COLLECTIVE AUTHORITY TO EVICT A POWERFUL LEADER REGARDLESS OF RANK AND FAMILY CONNECTION FROM THE VILLAGE IN SOME CASES FOR LIFE.

THE HOLDERS OF TAMA AIGA TITLES HAVE HAD ENORMOUS EXPERIENCES OF OUR OWN CHECKS AND BALANCE SYSTEM AS THEY THEMSELVES HAVE BEEN RECIPIENTS OF THE COUNCILS WRATH AT TIMES. OUR COUNCIL OF CHIEFS HAS POWERS TO MAKE LAWS, TO PASS LAWS AND TO INTERPRET THE LAWS TO GOVERN THE VILLAGE.  

THESE THREE FUNCTIONS ARE SEPARATELY PERFORMED BY THE EXECUTIVE, PARLIAMENT AND THE JUDICIARY IN A MODERN DEMOCRACY.

WHY THE SEPARATION? PERHAPS WE SAMOANS DEALT SO EASILY WITH OUR ROYAL FAMILIES. WHEN MALIETOA TAVITA RULED THAT “I WILL GO TO MY GRAVE WITH ALL THE PĀPĀ. THERE SHALL BE NO MORE KINGS IN SAMOA. GOD IN HEAVEN SHALL BE OUR KING TO ETERNITY”. 

SUSUGA MALIETOA TAVITA WAS CONVERTED TO BECOME A TRULY DEVOTED CHRISTIAN TEACHER. BUT FOR THE ROYALS AFER HIM, THEY SAY “AFTER THIS OLD FOX ENJOYED ALL THE WORLDLY HONORS WHILE HE WAS STILL KICKING, HE MADE DAMN SURE ALL THOSE WHO FOLLOW MUST WAIT FOR HEAVENLY GIFTS THAT NO ONE KNOWS FOR SURE WHETHER HEAVEN OR HELL WILL BE THE REWARD”.

FOR THE EUROPEANS, THE REMOVAL OF THEIR ROYALTIES AND THEIR ABSOLUTE POWERS WAS NEVER PEACEFUL. KING JOHN WHEN HE SIGNED THE MAGNA CARTA IN 1215 WHICH FOR THE FIRST TIME ESTABLISHED LAWS TO LIMIT A KINGS AUTHORITY DIED SOON AFTERWARD.

HE WAS SURROUNDED BY BARONS STILL WEARING THEIR CRUSADERS UNIFORM WHEN KING JOHN SIGNED THE MAGNA CARTA. THE IMPLICATION WAS, HE WAS FORCED TO SIGN. THE CIRCUMSTANCES OF HIS DEATH WHETHER HE DIED NATURALLY ARE UKNOWN. KING JOHN WAS A CRUEL KING AND WHY HE SIGNED, AND HOW HE DIED SO SOON AFTERWARD REMAINS A MYSTERY

KING GEORGE OF ENGLAND IN THE 16TH CENTURY WHO TRIED TO MAINTAIN HIS AUTHORITY OVER THE PEOPLE AND NOT PARLIAMENT WAS HAULED UP AND HAVE HIS HEAD CUT OFF INSIDE PARLIAMENT WHICH DIRECTED THAT THE POWER OF THE MONARCHY WAS LIMITED. IN FRANCE THE PEOPLE REVOLTED AGAINST THEIR ROYALTIES WHO WERE ALL GUILLOTINED.

THE UNITED STATES LATER ADOPTED THE SEPARATION OF POWERS PRINCIPLES AMONGST THE 3 BRANCHES OF GOVERNMENT, NAMELY: THE EXECUTIVE TO MAKE LAWS AND IMPLEMENT DEVELOPMENT TO IMPROVE THE LIVES OF THE PEOPLE, THE CONGRESS TO PASS LAWS AND THE JUDICIARY TO INTERPRET THE LAWS PASSED.

 IF THE JUDICIARY SHOULD MISINTERPRET THE LAW, THERE ARE LEGAL PROCESSES IN PLACE TO RECTIFY.

IN SAMOA, IT IS EXTREMELY DIFFICULT WITH OUR EXTENDED FAMILY SYSTEM TO HAVE A 100% INDEPENDENT JUDICIARY. RELATIVES WHO WERE BORNED FROM THE SAME PARENTS HUNDREDS OF GENERATIONS BACK ARE STILL ACTIVE, MAINTAINING CLOSE FAMILY TIES TO ACCESS TITLES AND LANDS. 

THIS IS A TRADITION THE PALAGIS CAN NEVER UNDERSTAND. 

BESIDES, OUR JUDGES ALSO PLAY AN ACTIVE ROLE IN OUR COMMUNITIES, IN MANY ACTIVITIES IMPACTING OUR DAILY LIVES, AS MEMBERS OF A CHURCH, OF SPORTS ORGANISATION, AS ALUMNI OF A UNIVERSITY, AS OLD BOYS OR GIRLS OF A COLLEGE, A FORMER COLLEAGUE IN A WORK PLACE YEARS BEFORE, OR MEMBERS OF A PROFESSIONAL ORGANISATION. 

IT IS THE REASON, OVERSEAS JUDGES SHOULD ALSO BE ENGAGED TO ADJUDICATE IN CASES WHERE SERIOUS CONFLICTS OF INTEREST ARE RAISED.

RIGHT NOW, THERE ARE CASES PENDING WHERE THE VERY QUESTIONS ON THE SUBJECT MATTER RAISED IN OUR MEETING TODAY WILL FEATURE.

IN BRIEF, SAMOA IS PASSING THROUGH A VERY INTERESTING PHASE OF ITS POLITICAL HISTORY, ON HOW OUR THREE BRANCHES OF GOVERNMENT WILL CONTINUE TO OPERATE UNDER THE RULE OF LAW

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