'Fight for the truth': HRPP leader Tuilaepa to contest Sāmoa’s election results

Sāmoa’s Human Rights Protection Party (HRPP) leader and former Prime Minister, Tuilaepa Sailele Malielegaoi, has announced his intention to contest the results of the snap election in court.

He alleges widespread bribery, voting irregularities, and systemic failures within the electoral process. “We were very surprised. We did not expect these results.

“However, with the reports that have come in of a lot of money being distributed early in the morning of the 29th of August, something which was also similar in the last election, we can see now the reason why we were defeated,” Tuilaepa says.

“We [HRPP] met a few days ago, and the reports that have come in convinced us that we need to take this issue to the court. The bribery of the voters was quite significant. Huge amounts were distributed.”

Tuilaepa claims HRPP supporters witnessed money being handed out openly, saying that one Fa’atuatua i le Atua Sāmoa ua Tasi (FAST) Party candidate even distributed cash in broad daylight. He adds that bystanders captured photographs of the incident, providing visual evidence of the practices.

“A report from Savai’i of another instance. A committee member of one of our candidates was talking to a minister of religion when a matai arrived with an envelope containing $2000 for the pastor, and a member of the officials was present. The envelope was opened, and the pastor gave several hundred dollars to the member of the committee working for our candidate. But he refused it.”

A traditional march through one of the Faleata districts as part of the FAST roadshow, with the party welcomed across Sāmoa. Photo/FAST

The HRPP has collected written statements and photographs documenting the incidents, which Tuilaepa describes as compelling evidence for their case in court against alleged acts of bribery by FAST candidates.

According to Sāmoa’s Electoral Act, proof of bribery is grounds for voiding an election result in that constituency. Tuilaepa also accused election officials at some polling booths of allowing FAST supporters to cast ballots even though their names did not appear on the electoral roll, while registered voters were turned away under the pretext that their votes had already been recorded.

He says the issue is not isolated, with many reports from various constituencies suggesting that such irregularities and the conduct of certain officials systematically disadvantaged HRPP candidates in favour of FAST.

Watch Tuilaepa Sailele Malielegaoi's interview below.

“There have also been occasions when officials allowed members belonging to the FAST party to vote although their names were not in the roll.

“Other instances reported: people were refused to vote when they were registered. And the reason given was that they had already done their vote. So they were rejected. Apparently, somebody had voted on their behalf. And there’s not just one instance. Many instances have been reported by all our candidates.

“The corruption and the activities to defeat our candidate went right through all the districts, and the officials involved were also reported to contribute. Obviously, supporters of the FAST party.”

Tuilaepa says HRPP will not let the matter go unaddressed, and the party is gathering witnesses to support its case. He explained that they plan to file an application for a full recount in court, where judges will have the opportunity to examine the evidence.

“Because if it is done to one or two candidates, it means it is done to all the ballot boxes. Several of our members have already lodged their applications to the court. So we are looking forward to a very interesting outcome of the decisions by the court and also what will happen with our general election results.”

He is confident that they will present these concerns directly to the court, saying there have been reports indicating that the Commissioner has already taken action, although he was uncertain about the validity of the reports.

Tuilaepa says Samoa Uniting Party candidates have experienced similar issues with electoral processes and corrupt activities. Photo/SUP

Significantly, he revealed that HRPP is not alone in its concerns. He has been in discussions with the Sāmoa Uniting Party (SUP), which he claims experienced similar issues.

“We found it has also happened to the candidates of the SUP party. And they, too, are putting in their application to the court. What they have experienced, we experienced exactly the same thing. Apparently, the bribery has been very extensive.”

When pressed further about the discussions between HRPP and SUP, Tuilaepa refrained from providing further details.

“We have been talking to them. We were inquiring whether what has happened to us has happened to them. And they’ve confirmed it. It’s the same.”

On whether HRPP had attempted to approach the Electoral Commission headquarters, despite reports of FAST members doing so, Tuilaepa made it clear: “No. We have asked questions. And I’ve also written letters in the [news]paper complaining about the way these officials have been working 24 hours. People need to rest.”

Responding to Laaulialemalietoa’s comments at a FAST thanksgiving service, where he suggested that a “new government led by God” would be formed, Tuilaepa criticised the use of God’s name in political discourse.

FAST party leader and Prime Minister-elect of Sāmoa, Laaulialemalietoa Leuatea Polataivao Schmidt, has said the new government should assume their duties immediately after the final count of votes. Photo/FAST

He argued that Laaulialemalietoa frequently invoked God to rally support, which he found difficult to reconcile with the FAST leader’s record of alleged corrupt activities. Tuilaepa pointed to current cases before the courts - one awaiting judgment and another still to be heard - and is concerned about how such matters were being handled.

“Much of the problems we have have been attributed to the delay. Delays in the decision-making by the court.”

When asked about his concerns about good governance under a FAST-led administration, Tuilaepa says his opponent “will never change”, accusing him of repeatedly acting without regard for others. He claimed that people continued to tolerate these actions because they were enticed by what he described as “dirty money”, adding that Laauli exploited people’s vulnerabilities.

On Laaulialemalietoa’s vow to form government as soon as counting ends, Tuilaepa replied: “The law must be followed. This fellow doesn’t even understand the law. And also, he ignores the law. And it’s causing concern now to many right-thinking people.”

Under the Constitution of Sāmoa, Parliament must convene within 45 days after a general election, and a Prime Minister can only be appointed once members of Parliament have been sworn in and a majority vote is secured.. Any attempt to bypass this process would directly violate Sāmoa’s supreme law.

Sāmoa’s 2021 election ended in a deadlock, with 25 seats each for HRPP and the new FAST party. The Electoral Commissioner’s decision to add an extra women’s seat under the quota rules gave HRPP an advantage, but this was quickly challenged in court. Then the Head of State stepped in, voided the results, and called for fresh elections, plunging the country into turmoil.

Caretaker Prime Minister Fiamē Naomi Mata'afa. Photo/Junior S Ami

When Parliament was barred from sitting, FAST members gathered outside the House and swore themselves in, a ceremony HRPP dismissed as a sham. For weeks, two governments claimed legitimacy until the Court of Appeal ruled in July 2021 that FAST’s swearing-in was lawful and binding under the Constitution. The ruling confirmed Fiamē Naomi Mataʻafa as Sāmoa’s first female Prime Minister and ended HRPP’s four-decade rule.

That chapter continues to influence the current political contest and shapes how the diaspora views HRPP and how Tuilaepa defends his party.

When asked about FAST’s strong support among the diaspora, Tuilaepa says the HRPP has “never done anything wrong to our diaspora”, attributing any ill feelings to misinformation.

He accused Laauli of lying to the diaspora about issues such as the selling of customary lands to the Chinese government, insisting that people now know that “it is wrong, it’s a lie”.

Tuilaepa criticised former Head of State, Tui Atua Tupua Tamasese Efi, for publicly claiming that Sāmoa’s customary lands were no longer secure, saying he should have known better given his experience as both head of state and former prime minister. Tuilaepa says that constitutional protections for customary lands, established by Sāmoa’s forefathers, were iron-clad and had never been threatened by HRPP.

Tuilaepa accused his opponents of spreading falsehoods among the Sāmoan diaspora, alleging they had been misled into believing that HRPP had committed crimes. He likened this blind acceptance of misinformation to how the Germans once followed Hitler.

"We will fight." - HRPP leader, Tuilaepa Sailele Malielegaoi. Photo/HRPP

On HRPP’s next steps if court action fails, Tuilaepa says the party will wait for the outcomes of court decisions, and when asked if this might drag out like the 2021 standoff, he is adamant: “Oh, we will fight and keep fighting for the truth.”

He also addressed why HRPP’s policy promises, including its COLA and PELEGA schemes, failed to resonate with voters.

“It is very difficult. You know, it is only natural that when people are offered money now, in preference to something you are promised to get in the future, the tendency is to go for the present.”

He suggested that the only solution to addressing the ongoing bribery issues is for the court to realise that returning to the election practice of banning all Sāmoan cultural events during the campaign period is necessary.

He recalled that during past elections, HRPP had banned all cultural events except funerals during the campaign period to curb bribery. Unless Sāmoa returns to those earlier rules, he says the courts’ newer interpretation of such practices as “part and parcel of culture” will only continue to fuel corruption.

The HRPP leader suggests there are two realistic approaches to curbing corruption: either allow the use of money in campaigns with strict limits, or return to the old system of banning all cultural events during the campaign period.

The Office of the Electoral Commission at the Sports Complex at Tuanaimato has been a hive of activity this week. Sorting and counting of votes have been done in the open, with the public allowed to watch. Photo/Junior S Ami

He says those earlier restrictions had worked effectively up until the 2021 and current elections, but the courts’ broader interpretation of cultural practices as legitimate expenses has weakened the law. He believes that only by reinstating tougher rules will voters be less vulnerable to cash handouts.

On the electoral system itself, he acknowledges the teething issues.

“The system that was used now was a new system that had not been tested. That was the mistake. And a lot of the errors now are possible because of the new system… We also had some errors during our time, but minor errors. But today? It’s massive. It’s at such a stage that we’re going to ask to go back and cancel the whole vote and go back to the polls.”

When asked if he is calling for a new general election, he confirmed, “Yes”.

Watch PMN News' Renate Rivers' update from Apia below.

As of Wednesday night, final counts confirm that FAST has 28 Seats, HRPP has 13, SUP has two, and the independents have three.

As Sāmoa awaits the final count and the potential legal battles, Tuilaepa’s stance is unequivocal. The HRPP will pursue recounts, petitions, and possibly fresh elections, relying on the courts to decide whether Sāmoa’s election result will stand, or if the country will be sent back to the polls once again.