By Mataeliga Pio Sioa
His Highness did more than just proclaimed last weekend for Parliament to convene on 2nd August 2021.
He firmly asserted as well the authority vested in him as holder of the High Office of the Head of State by the Constitution .
His no nonsense declaration of authority surprised many unfamiliar with his character as a person.
People who know the ‘Tama Aiga’ well find him quiet, reserved and soft spoken.
He is the kind of person easy to get along with.
There is, however, always that sense of wary hesitation around people like him, of not knowing how far you can go before it is too far.
Quiet, unassuming people always do that.
The Sunday proclamation by His Highness Tuimaleali’ifano Va’aleto’a Sualauvi II, illustrated in no uncertain terms how the circumstances pushed the quiet, reserved man too far :
“I FURTHER STATE that the Supreme Court has no jurisdiction to order the convening of Parliament, as only I, the HEAD OF STATE of the Independent State of Samoa, have the POWERS to appoint a time and place for the meeting of the Legislative Assembly.
I also add that the Court, through their decision of Monday 28th June 2021, have shown flagrant disregard, and disrespect, of the powers of the position of the Head of State.
a. By ordering that the Parliament be convened within 7 days of its decision, the Court has usurped the powers of the Head of State, as only I have the legal powers and Constitutional authority under article 52 of the Constitution, to appoint a time and place for the meeting of the Legislative Assembly.
b. By ordering that failure to comply with its decision will be tantamount to contempt of Court, the Parliament and the Head of State, I read it as a direct threat to the legal authority, powers and integrity of both the Office of the Head of State, and that of the Parliament of the Independent State of Samoa.
I PRAY, that such usurping of the said powers of the Head of State shall not happen again.”
So it was proclaimed! Straight forward. No beating around the bush. Right between the eyes.
In simple, everyday language we all know too well, the Judiciary pushed too far. Whether it was knowingly or not it mattered very little.
His Highness brought his foot down hard on those encroaching Judiciary toes into the Constitutional boundaries ruled by the Office of the Head of State.
So now we are back to square one. The standoff continues with more uncertainties.
Once again we anxiously ask the same question every time we sink a little deeper into this political quicksand we have landed in.
Where to from here?
This time the ball is on the Judiciary’s court. No pun intended.
Nothing has been heard from the Judiciary since Sunday. Are they too busy nursing those injured ‘toes’ or reading up on the many holes in the law to loop around?
As we the anxious people have done on countless occasions since the 9 April 2021 general elections, we wait.
Once it was fun and exciting to anticipate the drama as it unfolded in the early stages of our political standoff.
Not any more.
The break-pads on the turning wheels of our patience are wearing thin.
The drag on this political standoff is starting to grate and irritate like the squeaks of a worn break-pad that must be replaced asap, before it grinds permanent damage into the steel rim of the turning wheel.
At this point one has to feel for the Judiciary and the immense burden of pressure our politics are loading on their shoulders.
If they are usurping their jurisdiction as alleged then maybe they are trying too hard to reach out for a solution to end this political misery for everyone.
In doing so they may have over extended their legal reach.
As it has been proven time and time again since this political mess started, the solution does not lie with the rulings of the court.
This is a political matter. When it is to do with the law the rule of law takes over. When it is a matter of political leadership it is the will of the people that makes the final decision.
True we did make an effort to do that when a return to general elections was floated for the two parties to agree on. One side agreed the other insisted on the judiciary way.
Since then all we have to show for it is landing in a legal maze where legal loopholes are everywhere.
Those loopholes have already brought us the shame of ‘under the tent swearing-in ’.
The Head of State door slamming on the Judiciary for usurping the Constitutional boundaries is the most recent.
What next?
This has to end. Let it end.
The longer the flying sparks of steel rubbing against steel as the wheel of this political mess-up continues the easier it is for a fire to start.
The Judiciary has tried. The more it does the more the fire sparks fly.
New general elections will end all this self-inflicted misery we are putting ourselves through.
Lets agree to disagree with what political party should rule as we are doing already.
BUT lets agree to return to general elections and settle it once and for all.
Failure to do so becomes an excuse. A pathetic, irresponsible, shameful, excuse.