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Tomorrow, Samoa's Parliament is meeting for an extra session to review last min changes to the Electoral Act after a court case earlier this month. With an election in April, this is #KindOfABigDeal. Thought I would recap what went down in this #Thread:
Tuala Ponifasio plans to stand for election. Eligible candidates have to serve their villages for three years before nomination (October), but the Electoral Act reads as if because his const. boundaries were redrawn last year, his three years aren't legit https://www.samoaobserver.ws/category/samoa/66777
He took Government to court over it, and 2 other issues: why sitting MP's are exempt from the service requirement and that the Electoral Commissioner has too much power now. What did Govt say? That the petition is "frivolous" and "vexatious." Ouch. http://samoaobserver.ws/category/samoa/67016
When the Supreme Court returned to hear the Govts strike out motion, the Govt had changed its mind. Just kidding, let's talk it out, they said. A court date was set for a proper hearing, and a second election hopeful joined the case. https://www.samoaobserver.ws/category/samoa/68914
Finally on Sept 2 the case begins. A senior Electoral Commission officer spends 90 minutes on the stand but still can't answer all the questions, so the Commissioner himself (in the room all day) is summoned to the stand the next day. https://www.samoaobserver.ws/category/samoa/69839
And what does he do? Brings brand new information to light, undisclosed the previous day by his colleague, and basically admits that yep, the language is a bit weird and that wasn't what we meant to say. https://www.samoaobserver.ws/category/samoa/69928
The intention of the exemption was to protect only those who currently represent the soon to be dissolved Urban Seats, the villages of which have been redistributed into either newly formed or previously existing constituencies for the next election, he told the court.
"The more conversation and discussions of this particular provision of the Electoral Act, the more clearer it becomes that the intention of the policy behind this provision has not been well reflected in the provision as it is now in the Act," he said.
The Electoral Commissioner covered a mountain of material while on the stand, both on the legalese of his Electoral Act under question, and the various technicalities of who gets to stand, and who doesn't. https://www.samoaobserver.ws/category/samoa/69929
By the end of day two, the judge ruled the case needed more time. But the morning brought new surprises: the beginning of two days of closed-door meetings between the applicants and the Govt lawyers, basically over the EC's admission from the day before.
Monday morning. More discussions in Chambers. Then, out comes the judge to reveal that that the applicants agreed to withdraw their case, and that Govt will go off and redraft its law before the nomination period in October. https://www.samoaobserver.ws/category/samoa/70246
That nomination period, by the way, is a two week squeeze for all nominees to file their paperwork, get accepted and have time to petition the Govt if they don't agree with being told no, should that happen. All these changes must happen before that does.
With the case closed, commentary rushed in. Lone Opposition MP Olo Fiti Vaai never minces words:
“This reflects the kind of legislation from the current government that amends law to the advantage of one or two people,” he said. https://www.samoaobserver.ws/category/samoa/70306
“This reflects the kind of legislation from the current government that amends law to the advantage of one or two people,” he said. https://www.samoaobserver.ws/category/samoa/70306
So now we are on the eve of an extra Parliamentary sitting to fix a mistake from 2019. We will watch, yet again, this Government debate and possibly pass legislation with no widespread consultation, based on amendments agreed upon behind closed doors with only the Judge present.
In the words of our paper's editorial board: "Refining laws when there is a flashpoint such as a constitutional challenge or public outcry is no way to legislate; it is a kind of reactive lawmaking that does not appear to anticipate problems with laws before they are passed.
"With the dynamics of Parliament being as one-sided as they are there is little hope for bills to receive the scrutiny they need in the Legislative Assembly. How many other pieces of legislation are similarly fundamentally flawed?" https://www.samoaobserver.ws/category/editorial/70323
Additional commentary from Tuesday's editorial:
"[Parliament] should not rush through more hastily put together changes where they use Parliament as a mere rubber stamp at the expense of candidates and voters." https://www.samoaobserver.ws/category/editorial/71177
"[Parliament] should not rush through more hastily put together changes where they use Parliament as a mere rubber stamp at the expense of candidates and voters." https://www.samoaobserver.ws/category/editorial/71177
"What they should insist on is to allow the process of a proper robust debate among Parliamentarians to ensure the Act is solid and beneficial to members of the public before they pass it."
Check in later, with our chief reporter filing straight from the Maota Fono today.
Check in later, with our chief reporter filing straight from the Maota Fono today.
