Bid to replace Sāmoa’s Prime Minister fails

The Clerk of Sāmoa’s Legislative Assembly has come under fire for a letter he sent to the Head of State (HOS) Tuimaleali'ifano Va'aleto'a Sualauvī II, recommending the appointment of the chair and leader of the Fa’atuatua i le Atua Sāmoa ua Tasi (FAST) Party, La’aulialemālietoa Leuatea Schmidt, as caretaker prime minister.

The letter also suggested the removal of Fiamē Naomi Mata’afa from the head of the executive government.

In his letter, Satama Leatisaomalaefono Uitimē Tala cites the Constitution, outlining a majority loss of confidence in Fiamē’s leadership. This was exemplified by the failure to pass the 2025/2026 Budget in May, where 34 members voted against it, while only 16 supported it.

Satama says FAST’s majority should mean that La’aulialemālietoa should assume the position of Prime Minister.

His position is supported by former Speaker of the House, Papali’i Li’o Masipau, a member of the FAST Party, who also wrote to the Head of State with the same recommendation.

Satama’s letter also discusses internal party matters within the Assembly. The division within FAST has resulted in 20 parliamentarians remaining with the party, while six members were removed by La’aulialemālietoa earlier this year.

Due to these internal splits, a minority group of 13 supports Fiamē, while La’aulialemālietoa commands the majority with 20 parliamentarians. The Human Rights Protection Party, led by former prime minister Tuila’epa Sa’ilele Malielegaoi, currently has 18 members.

Satama argues that the removal of party members means they have vacated their seats. But this claim is dismissed by Attorney-General Su’a Hellene Wallwork, who clarifies that internal party matters do not affect the standings of the members in the Assembly.

“The removal of members from a political party does not have an effect on the members’ seats in the Assembly.

The last session of Samoa's Legislative Assembly was in May, when the Budget failed to pass, leading to a dissolution of Parliament. Photo/Palemene o Samoa

“Despite the removal by the FAST political party of those six members, they remain in their seats as members of FAST during the parliamentary term.”

Su’a says that Satama’s interpretation of the Constitution is a misinterpretation and is “legally, procedurally and factually incorrect”.

She adds that Satama does not have the legal authority to report to the HOS on such matters, nor the power to declare the Prime Minister’s removal and recommend a replacement.

“The Prime Minister [Fiamē] and Cabinet Ministers have not been removed from Office nor have they resigned from Office.

Samoa's Head of State, Tuimaleali'ifano Va'aleto'a Sualauvī II, swears-in Satama Leatisaomalaefono Uitimē Tala as Clerk of the Assembly in 2021. Photo/Samoa Global News

“There was no motion passed in the Assembly confirming whether any one person had the confidence of the Assembly, let alone Honourable Laauli Leuatea Polataivao Fosi.”

Adding to the complexity, the Ministry of Finance has recently made efforts to recover government vehicles assigned to the former Speaker and former Deputy Speaker.

Papali’i has cited parliamentary privileges and rejected formal requests from the ministry, as well as legal opinions from the attorney-general regarding the return of the vehicles.

He has sought additional legal opinions from independent counsel, which were provided by Christopher Finalyson KC, of New Zealand, and aligned with the attorney-general’s findings.

Former Speaker, Papali'i Li'o Masipau was instructed to return vehicles belonging to government. Photo/Vaitogi A. Matafeo

Su’a further admonishes Satama, advising him to refrain from offering legal interpretations of the Constitution to the Head of State without consulting her office first.

A snap election was triggered in May following the dissolution of Parliament due to the failure to pass the budget for the coming year.

Sāmoa’s caretaker government is currently led by Fiamē, with election campaigning in full swing before polls open on 29 August.