By Staff Writer
There was cause to cheer by the Human Rights Protection Party (HRPP) leader, Tuilaepa Sailele Malielegaoi, when Parliament decided not to repeal Constitutional Amendments after heated debate before it adjourned last Friday.
Three days of raging argument came to an end in a motion by the Prime Minister Fiame Naomi Mata’afa not to move ahead with the removal of the Constitutional Amendments.
The FAST dominated Special Parliamentary Commission had recommended that the Constitutional changes passed by a two-thirds majority of Parliament in 2020 be repealed.
Parliament is called to session again in late June for the debate on the main Budget for fiscal year 2022/2023.
“The repeal of the Constitutional Amendments was one of the main campaign promises by FAST if it wins the General Elections,” Tuilaepa happily recalled in a media statement.
His full media statement reads:
The opportunity for FAST to go ahead with its campaign promise arose when copies of the amended Constitution signed by the Head of State were distributed in January 2021 and some 6 minor amendments were found to be overlooked by the Legislative Assembly.
It was the reason that both the former Attorney General and the President of the Land and Titles Court alerted the Legislative staff of these minor amendments which Parliament approved and for them to rectify their oversight.
Only they must do it given the Independence of Parliament.
The President, it should be recalled, was the Clerk of Parliament for a long time and who therefore understood the process well.
The staff and Speaker have already apologised to Parliament for their oversight.
The 6 minor amendments like the change of the title heading from the word “court” to “judiciary”, “Vice President” to “Deputy President” and other typographical errors do not affect the substance of the Amendments.
The advice of the present Attorney General, the last Attorney General, the Commissioner of the Law Reform Commission and the CEO of the Justice Ministry to rectify this oversight by a simple motion in the House under Standing Order No 113 to give time to the Legislative staff to incorporate these minor amendments, would provide the legal solution to rectify these minor corrections.
Instead a Commission was set up by Government to find a plausible excuse to repeal the Constitution and put the blame on the HRPP, a strategy to implement its campaign promise.
The Terms of Reference however for the Commission of Inquiry was to find which was the correct version of the Constitution to follow.
Instead of complying with its Terms of Reference the Commission went outside of its Terms of Reference.
“So not only the Commission acted outside of Parliament authority, the proposal itself was unconstitutional, since the five that signed the Commission report cannot amend the Constitution.
It requires a two thirds majority and the FAST party does not command a two thirds majority in the House.
Therefore, the Constitution already signed by the Head of State, with the minor amendments yet to be done, remains the valid Constitution that Parliament, the Executive and the Judiciary and everyone in Samoa must continue to observe.
HRPP members in Parliament will remain more vigilant today and in future against any attempt by the FAST government to take the law into its own hands.
Blatant disregard of the Rule of Law is becoming more rampant in our country that proudly boasts to the world that Samoa is Founded on God.
FAST stands for Samoa is united in the worship of God.
Its use to me is quite an ugly misnomer.