By Staff Writer
A counter complaint of breach of Parliamentary Ethics has been handed over to the Speaker against Deputy Prime Minister Tuala Ponifasio by the HRPP leader Tuilaepa Sailele Malielegaoi and party secretary Lealailepule Rimoni Aiafi.
The primary concern is the alleged failure of the Deputy leader to declare his interests and involvement in private business as required of a person holding public office.
“I respectfully submit that Hon Tuala Ponifasio must face the sanction accorded to Members of Parliament who have breached the Code of Parliamentary Ethics provided under Standing Orders 15, 15(2) and 15(4),” the complaint letter signed by MP Lealailepule asserted.
“He ought to be referred to the Privileges and Ethics Committee or any other sanction to be determined by Parliament.”
The complaint letter is printed in full below :
2 May 2022
The Honorable Speaker of the Legislative Assembly Office of the Legislative Assembly TIAFAU
Mr Speaker, Complaint for Breach of Code of Parliamentary Ethics under Standing Order 15 against Hon. Tuala Tevaga losefo Ponifasio, Minister of Customs and Revenue and Deputy Prime Minister
- I am Lealailepule Rimoni Aiafi, Member of Parliament for the Electoral Constituency of Faleata No. 3
- I hereby give notice of a formal complaint against Tuala Tevaga losefo Ponifasio, member of the electoral constituency of Gaga’emauga No. 1 for a breach of the principles of the Code of Parliamentary Ethics, as per Standing Orders 15, 15 (4) and 15(2).
- This Member of Parliament has failed to discharge his duties and responsibilities as per the principles and standards required under Standing Order 15. Breach of the Code of Parliamentary Ethics
- Standing Order 15 provides for the principles and standards intended of a Parliament Member in the discharge of his/her duties and responsibilities. Standing Order 15: STATEMENT OF INTENT: It is the personal responsibility of every Member of Parliament to maintain the highest standards of ethical behaviour to protect and maintain integrity of Parliament and to make every endeavour to uphold the principles of the Constitution. Standing Order 15(4) includes: Special Requirements for Ministers and Other Officeholders: Every member who holds parliamentary office of any kind is required to adhere strictly to the principles outlined above (in SO15 (1), (2), (3), (4)) and shall not under any circumstances undertake any decision or exert influence in any form whatsoever in respect of a matter in which the member will derive personal gain or benefit.
- The Breach of the Relevant Principles and Standards: Breach of Standing Order 15(4) Proper Exercise of Power: Every member shall: (a) Arrange their private affairs; (b) Use any and all information obtained from their public office; and (c) Exercise any influence or authority obtained from Public Office, only to advance the public interest and where any potential and actual conflict of interest arises whether in the member’s private, financial, pecuniary or any interest the member shall be required to declare that interest and take any steps to remove the conflict or withdraw from the particular process of transaction. (my emphasis) (a) Hon Tuala Ponifasio is a partner at Ponifasio Law offices, Malifa.
The nature of the business is law services but have extended to consultancy services including Government work.
His business partner is his wife Fuimaono Sarona Ponifasio. They also own and operate a hotel, namely Travellers Points Hotel at Malifa which is used at times for incoming international passengers’ quarantine purposes.
(b) Tuala is also a director and shareholder of the following Registered companies: (i) National Securities & Private investigation services of Samoa Co Ltd; (li) Samoa Recruitment Agency Ltd; and (ill) Just Cash Finance Ltd; and (iv) Premier Services Ltd. (Attached is a copy of the Records of Director and Shareholders of the said companies in the Company Registry within Ministry of Commerce, Industry and Labour; “marked A1”).
(c) Tuala has failed to arrange his private affairs. He has also failed to comply with the requirements to declare his interests with both the Law Firm and the Travellers Point Hotel, Malita.
(d) There is no proof, either apparent or actual that Tuala has declared his involvement in the said businesses listed in (b) to the Legislative Assembly nor has he removed himself as a Partner for the Law firm.
(e) He has also failed to declare what actions have been taken to remove the potential and actual conflict of interest that could arise in the event that a transaction involves either of the companies he’s involved in and his Ministerial and/or Deputy Prime Minister roles. It is enough that the conflict is potential, in Tuala’s case, it is both potential and actual and there is no declaration of how this conflict would be removed if it arises.
6. Breach of Standing Order 15(2) Respect for the Law: Every member shall uphold the laws of Samoa and safeguard the principles contained in the Constitution.
(a) A charge of professional misconduct was laid against Tuala Ponifasio by the Samoa Law Society on 22 December 2015 under the Law Practitioners Act 1976 and Lawyers and Legal Practice Act 2014. He admitted to the said charge on 31st May 2016. (Copy of the Admission of the Professional Misconduct charge is enclosed marked “A2”)
(b) A penalty of censure under section 56 of the LP Act 2014 was issued by the Samoa Law Society taking into account the period of suspension of 2 years already served from 2010 and a further 4 months of interim suspension in 2012.
(c) In admitting to the charge of failing to deposit trust funds of NZ$6735.68 dollars into a trust account and failed to pay the trust funds as directed by the client, Tuala has failed to meet this standard of ethical behaviour, by not upholding the laws of Samoa, in this instance, the Law Practitioners Act 1976 and Lawyers and Legal Practice Act 2014.
7. Regardless that this matter occurred before Tuala entered Parliament, the reflection of a dishonest character and the ability to fall well below the standards of ethical behaviour (my emphasis) expected of a Deputy Prime Minister of Samoa ought to be revealed so that a repetition of such behavior is discouraged.
Conclusion
8. Accordingly, I respectfully submit that Hon Tuala Ponifasio must face the sanction accorded to Members of Parliament who have breached the Code of Parliamentary Ethics provided under Standing Orders 15, 15(2) and 15(4). He ought to be referred to the Privileges and Ethics Committee or any other sanction to be determined by Parliament.
Lealailepule Rimoni Aiafi
MP Faleata 3