Questions raised as Safata I by-election postponed in Sāmoa with no new date

The Safata I by-election in Sāmoa has been postponed with no new date announced, overturning earlier plans for voters to go to the polls in February and raising questions about the legal authority behind the decision.

On 12 January, the Electoral Commission posted a public notice on its social media account confirming the by-election and outlining a clear timetable.

Nominations were scheduled for 16 January, withdrawals by 22 January, pre-polling on 4 February, voting on 6 February, and results on 9 February.

Three days later, the commission issued another notice stating the by-election had been postponed. No new date was provided.

The undated notice said the postponement followed a Cabinet directive, also undated, and referred to Article 38(1)(c) of the Constitution, which sets out when Cabinet decisions take effect.

Under the provision, decisions generally take effect on the day they are made or on a later date set by Cabinet. But if they must be communicated to another authority, they only take effect once that communication takes place.

A postponement notice was attributed to a Cabinet directive issued one day before registrations were to open for the Safata I by-election. Pictured is Sāmoa's 2025 Cabinet line up. Photo/Government of Sāmoa

The commission’s notice did not include a revised timetable, legal reasoning, or an explanation for why the election was delayed.

When asked about the postponement, Electoral Commissioner Tuiafelolo John Stanley told the Samoa Observer on 16 January that his office is “not fully independent” and operates under the executive government.

He said that while the commission manages its own staff, matters such as budgeting and direction fall under the executive.

Interim Attorney-General, Mauga Precious Chang. Photo/Sāmoa Observer

The Observer also reported that the commission sought advice from the Attorney-General’s office but was unable to do so at the time as the position was vacant.

Former Attorney-General, Su’a Hellene Wallwork, completed her term on 13 January.

On 19 January, Prime Minister Laaulialemalietoa Leuatea Polataivao Schmidt confirmed to local media that FAST-affiliated lawyer Mauga Precious Chang had been appointed as interim Attorney-General.

Opposition leader Tuilaepa Sa’ilele Malielegaoi criticised the postponement and questioned the timing of the decision in a post on the Human Rights Protection Party’s Facebook page.

“It’s amazing that this has been done. In fact, the government was in a rush to hold this by-election, but now it’s been postponed,” he said.

Tuilaepa suggested the delay could be linked to political preparation and ongoing court proceedings involving the Prime Minister, with a decision expected around the time the by-election had been due to take place.

Watch the January session for Sāmoa's Parliament below (Sāmoan):

Tuilaepa says the HRPP is ready to contest the Safata I seat and has already selected a candidate.

The Safata I seat became vacant after the Supreme Court found corrupt practices had occurred during the August general election. The ruling voided the result and disqualified the winning candidate, making a by-election mandatory.

The delay means Safata I remains without parliamentary representation, including during the 20 January sitting of Parliament. There is also no indication of when voters will next be able to elect a Member of Parliament.

PMN News has sought comment from the Office of the Attorney-General, the Electoral Commission, and the Ministry of the Prime Minister and Cabinet on the legal basis for the postponement and whether a new timetable will be issued.

At the time of publication, no responses had been received.