April 2021 Samoan general election

Last updated

2021 Samoan general election
Flag of Samoa.svg
  2016 9 April 2021 Next  

All 51 seats in the Legislative Assembly
26 seats needed for a majority
 First partySecond party
  Tuilaepa Aiono Sailele Malielegaoi 2018.jpg
Fiame Naomi Mataafa Cropped 2013.jpg
Leader Tuilaepa Aiono Sailele Malielegaoi Naomi Mataʻafa
Party HRPP FAST
Leader since23 November 19989 March 2021
Leader's seatLepaLotofaga
Last election35 seats, 56.9%New
Seats won2525
Seat changeDecrease2.svg 10New
Popular vote49,23732,510
Percentage55.4%36.6%
SwingDecrease2.svg 1.5New

2021 Samoan general election (results by constituency).svg
Election results by constituency by vote share of winning candidate's party

Prime Minister before election

Tuilaepa Aiono Sailele Malielegaoi
HRPP

Subsequent Prime Minister

Disputed between Tuilaepa Aiono Sailele Malielegaoi (HRPP) and Naomi Mataʻafa (FAST)

Contents

General elections were held in Samoa on 9 April 2021. [1] Before the dissolution of the Legislative Assembly of Samoa on 3 March 2021, [2] Prime Minister Tuilaepa Aiono Sailele Malielegaoi had ordered a commission of inquiry into the absence of opposition politicians and their alleged "treasonous" acts in "misleading the public" and campaigning against the government. [3] [4] In March 2021, Naomi Mataʻafa, a former member of the ruling Human Rights Protection Party (HRPP) and a former deputy prime minister, was elected to lead the main opposition party, Faʻatuatua i le Atua Samoa ua Tasi (FAST). [5] Tuilaepa led the HRPP into the election.

Preliminary results showed a tie between the HRPP and FAST, with each winning 25 seats in the Legislative Assembly. [6] [7] This was confirmed in the final count. [8] However, the Samoan electoral commission subsequently determined that, with women comprising 9.8 percent of the elected members, the results did not fulfil a constitutional provision which required that at least 10 percent of seats be held by women. As a result, an additional female candidate – Ali'imalemanu Alofa Tuuau of the HRPP – was declared elected, increasing the parliament's membership to 52 and the HRPP's seat total to 26. Following this, Tuala Iosefo Ponifasio, an independent member, announced that he would side with FAST, creating a hung parliament with both the HRPP and FAST holding 26 seats. [9]

However, on 17 May 2021, the Supreme Court of Samoa overturned the decision of the electoral commission, cancelling the additional seat, and ruling against Tuilaepa's request for a new election. [10] This gave FAST a slim majority, allowing them to declare victory and select Mataʻafa as Samoa's first female prime minister. [10]

Background

The HRPP secured a landslide victory in the 2016 election winning 35 of the (then) 49 seats in the Legislative Assembly. [11] 12 of the 13 successful Independent candidates in parliament subsequently joined the HRPP, bringing the party's seat total to 47. This prevented Tautua Samoa, who only retained two seats (down from 13 from the 2011 election), from obtaining the eight seats required for recognition as a parliamentary party, [12] therefore leaving Samoa without an official opposition. [13] An extra seat was added in parliament to comply with the gender quota. [12] An independent MP, Olo Fiti Vaai joined Tautua Samoa, giving the party three seats. [14]

The incumbent HRPP government was under criticism for its mishandling of the 2019 Samoa measles outbreak. [15] In May 2020, MP Laauli Leuatea Polataivao was expelled from the HRPP after voting against the controversial ‘Land and Titles’ amendment bill. [16] Polataivao announced that he had resigned and later formed the FAST party to contest the 2021 general election. [17] His departure from the HRPP was later followed by other members of the HRPP caucus including Naomi Mata'afa, who resigned as deputy prime minister, also in protest of the Land and Titles bill. [18] In August 2020, Polataivao successfully contested the by election in his constituency of Gagaifomauga No. 3, and was re-elected to parliament as the FAST party's sole MP. [19] Naomi Mata’afa, who was invited to join FAST upon her resignation from the HRPP, opted to remain an Independent. [20] She would not join FAST until after the dissolution of parliament. [21] At the dissolution of the 16th Parliament the HRPP occupied 44 seats, Tautua had two seats, FAST had one and the remaining three were held by Independents. [22]

Electoral system

The 2021 elections saw 51 members of the Fono elected from single-member constituencies by first-past-the-post voting. [23] Universal suffrage was introduced in 1990, permitting Samoan citizens over the age of 21 to vote in person. Candidates were required to be at least 21 years of age, heads of their families and resident of the country for at least three years prior the nomination date. Civil servants and people with mental illness were ineligible to stand as candidates. People convicted for bribery or an electoral offence, and people given a prison sentence of more than two years (including the death sentence), were also ineligible. [24]

The Constitution Amendment Act 2013 ensures a minimum of 10 per cent of seats in parliament are reserved for women. [23] [25]

Campaign

Five parties were originally expected to contest the elections: the HRPP, FAST, the Tautua Samoa Party (TSP), the Samoa First Party, and the Samoa National Democratic Party. [26] In May 2020 another party, the Tumua ma Puleono, registered for the elections. [27] In July 2020, Prime Minister Tuilaepa Sailele Malielegaoi confirmed that he would be competing in a record fifth election. [28]

200 candidates were nominated for the election: [29] After electoral challenges were heard, the number dropped to 198: 113 for the HRPP, 50 for FAST, 14 for Tautua Samoa, 5 for Samoa First, 1 for Sovereign Independent Samoa, and 15 Independents. [30] A record 21 women stood for office. [31] Three candidates, Prime Minister Tuila'epa Sailele Malielegaoi, FAST leader Naomi Mata'afa, and cabinet minister Lealailepule Rimoni Aiafi were elected unopposed. [32]

On 2 September 2020, the FAST party announced it would join forces with the Samoa National Democratic Party and Tumua ma Puleono parties to contest the 2021 election. [33] SNDP and Tumua ma Puleono candidates will run under the FAST banner, with only one candidate in each constituency. [34] In January 2021 the party began an "election roadshow", [35] which Prime Minister Tuilaepa denounced the roadshow as a "foreign practice", [36] and encouraged his supporters to gatecrash FAST events to counter the party's "brainwashing". [37] On 29 January, FAST revealed that it had begun talks with the Tautua Samoa Party to form a grand coalition to oust the government. [38] FAST MPs were frequently absent from parliament during its final sitting to campaign, [39] resulting in threats to discipline them from the Deputy Speaker. [40] On the final day of parliament on 3 March, Prime Minister Malielegaoi ordered a commission of inquiry to investigate the MP's absences, as well as unspecified "treasonous acts" related to campaign speeches. [41] [42] Following feedback from the roadshow the party formally launched its manifesto in late March, just weeks before the poll. [43]

The HRPP began its campaign just three weeks before the election date, with a manifesto launch on 19 March. [44] The party promised a new hospital in Salelologa as well as new standalone ministries of culture and the environment. [45]

The Tautua Samoa Party released its manifesto in September 2020, promising increased pensions, a higher minimum wage, and an anti-corruption body. [46] On 11 December 2020 the party announced an electoral alliance with the Samoa First Party and Sovereign Independent Samoa Party, under which the parties will support each other's candidates in seats where they are not running against one another. [47] On 29 January 2021 the alliance launched its manifesto. [48]

On 26 March 2021, Prime Minister Tuilaepa Aiono Sailele Malielegaoi predicted that the HRPP would win the election and increase its seats in Parliament to 45. [22]

Conduct

The election date was announced in April 2020. [49] [26]

On 13 February 2021, the Electoral Commissioner warned village councils not to interfere with voting rights. [50]

Parliament was dissolved on 3 March 2021, [2] and the writ for the election was issued on 9 March 2021. [51]

Early voting for senior citizens, disabled voters, essential workers and those travelling on election day began on 5 April, with the results published each evening. [52] According to the electoral commission 7,414 voters cast an early vote. [53] Pre-polling results showed the HRPP leading in 27 seats, FAST in 20, and Tautua in one. [1] On election day polls opened at 8 am and closed at 3 pm. [54]

39 cases of double voting were detected in the formal count of the Sagaga 2 constituency and referred to police. [55]

Results

Final results showed FAST with 25 seats and the HRPP being reduced to 25 seats. [8] Five women were elected. [6] Negotiations began immediately to win over independent Tuala Iosefo Ponifasio, [56] and on 21 April it was announced that he would join the FAST party. [57] [58] [59]

Samoa Fono avril 2021.svg
PartyVotes%Seats+/–
Human Rights Protection Party 49,23755.3825–10
Faith in the One God of Samoa 32,51036.5725New
Tautua Samoa Party 2,9003.260–2
Samoa First Party 2070.230New
Sovereign Independent Samoa Party 300.030New
Independents4,0254.531–12
Total88,909100.0051+1
Valid votes88,90999.32
Invalid/blank votes6050.68
Total votes89,514100.00
Registered voters/turnout128,84869.47
Source: Government of Samoa, Seat counts, Registered voters;
Candidate affiliations of all except Vaa o Fonoti,
Anoamaa 1 and Aleipata Itupa i Luga

Aftermath

28 election petitions were filed, 14 against FAST and 14 against the HRPP. [60] [61] [62]

On 20 April 2021, the Samoan electoral commission declared the HRPP's Ali'imalemanu Alofa Tuuau elected due to the requirement that a minimum of 10% of seats in parliament must be held by women. [63] The decision was challenged in court by FAST. [64] On 21 April independent Tuala Iosefo Ponifasio announced he would join FAST, creating a 26–26 deadlock. On 23 April, the Tautua Samoa Party called for a fresh election to resolve the deadlock. [65] On 25 April, legislative clerk Tiatia Graeme Tualaulelei said that the opening of parliament would be delayed until election petitions had been resolved. [66] On 4 May the leaders of HRPP and FAST met with O le Ao o le Malo (Head of State) Tuimalealiifano Va'aletoa Sualauvi II to discuss the possibility of a second election to break the deadlock. [67] The FAST Party opposed new elections, saying that court cases and electoral petitions should be resolved first. [68] On the evening of 4 May, the O le Ao o le Malo purported to dissolve Parliament and ordered new elections for 21 May. [69] [70] A writ for the new election was issued on 5 May 2021. [71] The dissolution was welcomed by the Tautua Samoa Party, [72] but denounced as unlawful by FAST, [73] and as "unconstitutional" [74] and a "coup". [75] [76]

The FAST Party began court proceedings to challenge the dissolution. [77] [78] [79] The case was heard on 14 May, and a decision was made on 17 May, with a decision on Tuuau's seat delivered the same day. [80] [81] The challenge was successful. Electoral petitions will be heard from 24 May. [82]

On 17 May, the Supreme Court of Samoa overturned Tuuau's appointment, giving FAST a 26–25 majority in Parliament. [83] [84] [85] Shortly afterwards they overturned the voiding of election results and calling of a new election as having no legal authority. They upheld the April results and ordered parliament to meet within 45 days of the original poll. [86] [87] Prime Minister Malielegaoi said both decisions would be appealed. [88]

On 18 May 2021, Naomi Mata'afa and representatives of the FAST Party met with the O le Ao o le Malo (Head of State) to confirm they had the support of 26 MPs and deliver the names of their nominees for Speaker and Deputy Speaker. [89] Prime Minister Malielegaoi said that his caretaker government would remain in power until all election-related court cases are resolved. [90]

On 19 May, the O le Ao o le Malo agreed to convene the new Parliament. [91] [92] On 21 May, the Court of Appeal of Samoa declined to stay the Supreme Court's ruling over Tuuau's appointment, confirming FAST's parliamentary majority. [93] Immediately after the ruling, the O le Ao o le Malo issued a proclamation convening the opening of the new Parliament on 24 May. [94] [95] That same day, an attempt by the Attorney-General to have the writ overturned was rejected by the Supreme Court. [96] In doing so, the Court ruled that "the ruling of the Supreme Court represents the law in Samoa, and it should be followed. Failure to abide by the law has its own consequences". [96]

On 22 May 2021, the O le Ao o le Malo suspended the proclamation until further notice and did not elaborate on the reasons behind the suspension but that the said reasons will be known in 'due course', [97] [98] triggering the 2021 Samoan constitutional crisis. [99] [100] FAST leader Naomi Mataʻafa denounced the suspension as a coup, and announced plans to challenge it in court. [101] On 23 May the Supreme Court met in chambers to hear a motion to overturn the suspension. [102] That afternoon, they ruled the decision was unlawful and that the proclamation convening parliament for 24 May continued to stand. [103] [104] Prime Minister Malielegaoi responded by saying that the court order was illegal, that the judges had breached State of Emergency regulations and ought to be charged, and that he and members of the HRPP would refuse to be sworn in when parliament convened. [105] Later that evening, Speaker of the House Leaupepe Toleafoa Faafisi purported to cancel the swearing-in ceremony, in contravention of the court's order. [106] [107] [108] [109]

On the morning of 24 May, FAST MPs and supporters arrived at Parliament to find police surrounding the building and the doors locked. [110] The Clerk of parliament refused them entry, in obedience to Faafisi's order. Naomi Mata’afa said that MPs would wait for the head of state, and convene parliament on the front steps if necessary. [111] [112] [113] Later that afternoon FAST Party MPs and Ministers were sworn in in a tent outside parliament. [114] [115] [116] Former Prime Minister Tuilaepa responded by accusing the FAST Party of "treason". [117] [118] That evening, the Federated States of Micronesia became the first government to recognise the new government and Naomi Mata’afa as the legitimate prime minister. [119] [120] This was followed by Palau which on 27 May, became the second foreign government to recognise the legitimacy of Mata’afa's administration. [121]

On 25 May the HRPP launched a private prosecution against Mata’afa and three other FAST MPs for alleged bribery and treating. The case will be heard in September 2021. [122]

See also

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