Samoa's former Head of State questions PM's bid to change constitution [1]
Wednesday, May 13, 2020 - 21:13. Updated on Thursday, June 4, 2020 - 18:43.
A former Prime Minister and Head of State of the Republic of Samoa, Tui Atua Tupua Tamasese Efi has challenged Samoa’s current Prime Minister Hon. Tuilaepa Sailele Malielegaoi over his move to amend Samoa’s 1962 Constitution.
Tui Atua is defending constitutional customary and collective land rights.
However, the Prime Minister Hon. Tuilaepa wants to amend the constitutional rights.
Three bills tabled into parliament to amend the constitution were: the Constitution Amendment Bill 2020, the Land and Titles Court Bill 2020, and the Judicature Bill 2020.
The bills had their Second Readings in parliament and the Prime Minister Tuilaepa was confident that they would be passed in August when the Parliament Select Committee, now hearing public views and submissions, completed its work and reported back to parliament after 90 days.
When Prime Minister Tuilaepa briefed the Samoan media over the current debate on the constitutional amendments, he said that there were foreign concepts that the Samoan leaders did not comprehend and were inserted by the overseas advisers – papalagi who helped frame the Constitution. He was convinced, however, that the framers of the Constitution had wanted to make changes to customary lands ownership, and now was the time to do it.
Former PM
The former PM Tui Atua Tupua Tamasese Efi considered some of Prime Minister’s Tuilaepa’s comments as being “rude”, reported Lance Polu, the editor of the Talamua Online on 1 May.
Tui Atua told the Samoan media that Tuilaepa was saying these things uncaringly “as his parents were never part of the Constitutional Convention” of 1960.
“But these are not simple for us whose parents and forefathers were part of the convention. These are very serious condemnations which we take to heart,” Tui Atua said at a press conference.
Tui Atua’s grandfather, Taisi O. F. Nelson was exiled for long periods of time by the New Zealand colonial administration as one of the Mau independence movement leaders. Tui Atua’s uncle, Tupua Tamasese Lealofi III was shot dead by the New Zealand forces along with eleven others during a peaceful protest march in 1929. His father Tupua Tamasese Meaole, was a joint Head of State with Malietoa Tanumafili II and led the Constitutional Convention of 1960 and country to independence in 1962. Against all this, Tui Atua today highlighted the notion of service.
Tui Atua quoted from the record of the Constitutional Convention debate of 1960, that he said held no proof of Tuilaepa’s “reckless statements” that the Samoan leaders did not understand the fundamental law and the Constitution.
Tui Atua said the Constitution's article 102 protects customary lands ownership. It vested in the hands of the matai (chiefs) and the heirs of the family as authority over such land.
“It is irresponsible for the PM to say prominence is given to the rights of the individual over the collective rights of the village council. There’s nothing like that as the Constitution protects the authority of the matai over the land as that’s Samoan custom,” said Tui Atua.
He emphasized that the village has no authority, nor the parliament, the Prime Minister or cabinet over customary land as the authority rests with the matai and heirs to a specific land.
Why not a referendum?
Tui Atua said the only way the authority of matais can be changed is through a referendum under Article 109 and requires two-thirds support of voting matais.
“Government does not want to go into a referendum because they know they will not get the two-thirds majority support needed,” said Tui Atua.
“In the wisdom of our forefathers, they knew, there will come a time when someone will try to demolish the constitution, especially the protection of customary lands.
“Now is that time our forefathers predicted. That was the purpose of 102 and 109 in the Constitution to protect from the day someone will try and sell our identity,” said Tui Atua.
“Our forefathers knew that in time, temptation will be hard to avoid. That’s their vision that Tuilaepa did not understand and he has mocked them. But they saw through Tuilaepa and by having 102 and 109 in the Constitution was to protect Customary Lands as the core of Samoan identity and customs....” said Tui Atua.