Letter To The Editor :
The recent debates in Parliament two weeks ago on annual reports of certain Ministries and State-owned enterprises for the years 2019/2020, provided a clear insight into the role of Parliament of checking on the performances of the Executive branch for the years in question.
These reports were tabled some years back but Parliament had other priorities.
It is important that these annual reports are completed, tabled, and debated within the time specified by statute to ensure that members address any challenges early and for Parliament’s check on the Executive and the Judiciary to remain effective all the time, or else the principle of Checks and Balances of power in the three branches of Government namely the Executive, Parliament and Judiciary is a big, big joke
The Constitution provides also for the fusion of power amongst the three branches to allow for flexibility as is the practice in the Commonwealth.
It is why the President of the Land and Titles Court and the Chief Justice can only be removed by a two-thirds majority in Parliament.
It is why when Parliament and Cabinet overstep their authority as enshrined in the Constitution, the Judiciary must step in and rule accordingly without fear and without any tails attached.
Of the three branches of Government, the Judiciary is the weakest.
For it cannot implement its own decisions.
It depends on the help of the Police, which is under the Executive branch!
It requires funds to pay for its services from the Treasury which is also under the Executive branch.
The late CJ Patu Tiava’asu’e Falefatu Sapolu, had always been cautious of this sensitivity.
The exchanges of views in Parliament at its recent meeting were unanimous that the Ministries concerned did observe the good Governance Principles of Transparency and Accountability in the discharge of their duties during the years 1999 -2020 when the Human Rights Protection Party was in power.
The presenters of these Committee Reports to Parliament were the Committee Chairmen from the Faatuatua i le Atua Samoa ua Tasi Party.
The credibility of these reports is therefore unquestionable.
The process in Parliament requires all Annual Reports to be addressed three times by Parliament namely when they are first tabled;
Secondly, when reports with the Committees’ recommendations are debated and approved; and thirdly, when Government responses are received on issues raised by the members.
Parliament Members will have the opportunity to check on the FAST Government performances when the 2020/2021 to 2024/2025, annual reports are tabled and debated.
Meanwhile, the numerous breaches of the Rule of Law by Cabinet and the determination by the HRPP to challenge every breach of the Constitution can only lead to a most interesting phase in our political history on nation building.
Tuilaepa Sailele Malielegaoi
Leader of HRPP