FILE PHOTO : Court appearance on criminal charges still pending, back when PM Laauli was still an MP. and before he appointed himself recently as Minister of Police and Prisons as well as the Office of the Attorney General.
The Samoa Law Society has welcomed Prime Minister Laaulialemalietoa Leuatea Polataivao Fosi Schmidt’s pledge for accountability, transparency, and good governance, but has also raised concerns over his dual role as both head of government and minister responsible for key justice portfolios.
In a statement released today that was obtained by Newsline, the Society acknowledged the Prime Minister’s address at the opening of the 18th Parliament, commending his commitment to strengthen democratic governance. However, the Society noted the delicate situation created by his appointment as Minister responsible for the Ministry of Police and Prisons and the Office of the Attorney General—two offices central to the administration of criminal justice.
“The role of Minister is limited to policy and administrative oversight. It does not extend to police operational matters, which are the responsibility of the Police Commissioner as an independent statutory officer,” the Society said.
The concerns arise from the fact that the Prime Minister is currently facing criminal proceedings before the District Court, including charges of attempting to defeat the course of justice, and is the subject of a recent high-profile police complaint for criminal defamation. According to the Society, this overlap between his ministerial roles and his personal legal matters creates a “significant potential conflict of interest.”
Despite this, the Society welcomed the Prime Minister’s public assurance that he will allow the judicial process to run its course and will accept the outcome of the court proceedings.
“It is important that criminal law enforcement functions are conducted independently, fairly, and impartially. This serves to protect both the justice system and the Office of the Prime Minister from any allegations of wrongdoing,” the Society stressed. “Justice must be both done and seen to be done to maintain public trust and confidence in the criminal justice system.”
The Society has respectfully called on the Prime Minister to establish a clear framework that ensures ongoing cases and complaints are handled independently of political influence. Such safeguards, it said, are vital for the Police and Constitutional officers to carry out their duties objectively and in line with Samoa’s laws.
Looking ahead, the Samoa Law Society expressed optimism about the opportunities for the nation under the leadership of the new government, reaffirming its role as the professional body for lawyers in Samoa and its mandate to uphold the Constitution and the rule of law.
The full statement is published in verbatim below:
Samoa Law Society Statement: Ministerial Roles and Rule of Law Apia, Samoa – 1 October 2025
The Samoa Law Society welcomes the Honourable Prime Minister Laaulialemalietoa Leuatea
Polataivao Fosi Schmidt’s speech to the opening of the 18th Parliament and his acknowledgement that the new government needs accountability, transparency and good governance.
With the recent announcement of Cabinet roles, the Honourable Prime Minister is also Minister
responsible for the Ministry of Police and Prisons and Office of the Attorney General. These
offices undertake critical roles in the administration of criminal justice, including the investigation and prosecution of crimes.
Importantly, the role of Minister is limited to policy and administrative oversight. It does not extend to police operational matters which are the responsibility of the Police Commissioner as an independent statutory officer.
The Samoa Law Society notes that the Honourable Prime Minister is currently a defendant in
criminal proceedings before the District Court, including charges of attempting to defeat the
course of justice, and the subject of a well-publicised recent police complaint for criminal
defamation. These current processes create a significant potential conflict of interest with the
Prime Minister’s ministerial responsibilities.
The Samoa Law Society welcomes the Honourable Prime Minister’s recent statement to media
that he will let the pending District Court proceedings take their course and accept the outcome
of the judicial process.
It is also important that criminal law enforcement functions are conducted independently, fairly
and impartially. This serves to protect both the justice system and the Office of the Prime Minister from any allegations of wrongdoing. Justice must be both done and seen to be done to maintain public trust and confidence in the criminal justice system. This is fundamental to the rule of law and to uphold democratic principles.
The Samoa Law Society respectfully calls upon the Honourable Prime Minister to put in place a
framework to ensure that pending cases and complaints are handled independently of the
political process. It is vital that the Police and Constitutional officers undertake their
investigative and prosecutorial duties in an independent and objective manner in accordance with Samoa’s laws.
The Samoa Law Society looks forward to the opportunities for Samoa that the new government
will provide under their leadership.
The Samoa Law Society is the professional body for lawyers in Samoa and its roles include
advocating for rule of law and upholding the Constitution and laws of Samoa.
