General elections were held in Samoa on 9 April 2021 to determine the composition of the 17th Parliament. The Human Rights Protection Party (HRPP), which had been in government for most of the time since 1982, was led into the election by Tuilaʻepa Saʻilele Malielegaoi, who had served as prime minister since 1998. The passage of the controversial Land and Titles bills by the HRPP led some party members to defect, establishing the Faʻatuatua i le Atua Samoa ua Tasi (FAST) party promising a repeal. FAST elected Fiamē Naomi Mataʻafa, the daughter of Samoa's first prime minister, as leader shortly before the election; she left the ruling party and resigned as deputy prime minister in 2020, also in opposition to the amendments.
The results produced a tie between the HRPP and FAST, winning 25 seats each, while one independent won a seat. Both parties subsequently negotiated with the kingmaker independent, Tuala Iosefo Ponifasio, who later joined FAST. However, during the negotiations, the electoral commissioner determined the results did not satisfy the 10% female parliamentary quota and announced the appointment of a sixth woman member of parliament, who was a member of the HRPP, leading to a deadlock with both parties holding 26 seats. To resolve the impasse, the O le Ao o le Malo (head of state), on the prime minister's advice, ordered a snap election. However, the Supreme Court later overturned both proclamations and instructed parliament to convene within 45 days of the election, as required by the constitution. Tuila‘epa refused to accept the results, plunging the country into a prolonged political crisis.[1][2]
On 24 May, the final day parliament could sit, FAST members arrived at a locked parliament surrounded by police. The O le Ao o le Malo and the HRPP caucus boycotted the sitting, prompting the FAST caucus to conduct an ad hoc ceremony in a tent outside of parliament, swearing in its members and a new government with Fiamē as prime minister. Tuila‘epa denounced the ceremony as "illegal" and accused FAST of treason.[3] After months of legal disputes, the Court of Appeal ruled on 23 July that the ad hoc ceremony was legally binding and that FAST had been the legitimate government since 24 May. The ruling confirmed Fiamē as Samoa's first female prime minister, ending nearly four decades of HRPP governance and Tuila‘epa's premiership of 22 years.[4]
Following the election and subsequent political crisis, electoral petition proceedings in court saw the HRPP lose seven seats, a reduction to 18, while FAST maintained its 26-seat majority.
Background
The Human Rights Protection Party had dominated Samoan politics since 1982.[5] The party's leader, Tuila‘epa Sa‘ilele Malielegaoi had served as prime minister since 1998 and around the time of this election was one of the longest-serving incumbent heads of government in the world.[6][7] During the previous election held in 2016, the HRPP won a landslide re-election, winning 35 seats, including an extra seat established to fulfil the female parliamentary quota. The opposition Tautua Samoa Party (TSP) only won two seats down from 13 in the 2011 election,[8][9] and the party's leader Palusalue Faʻapo II lost his seat.[10] Many of the Independent candidates were HRPP affiliates but were not permitted to run as members of the ruling party as they were challenging HRPP incumbents.[11] Therefore, following the election, of the 13 successful independents, 12 joined the HRPP giving the party a two-thirds majority of 47 seats. One independent joined the TSP, increasing its seat share to three.[8][12] Still, because the TSP failed to win at least eight seats, it lost recognition as a parliamentary party which left Samoa without an official opposition.[13] Palusalue Fa‘apo II ceased to be the TSP leader after his loss, and the party did not select a replacement.[14]
In December 2020, parliament passed three Land and Titles bills, a reform of the judicial system that would grant the land and titles court greater autonomy and would no longer be accountable to the Supreme Court and the Court of Appeals.[15] The bills sparked criticism from the Samoa Law Society, highlighting the lack of public consultation and a bypass of the due parliamentary process.[16] The Supreme Court justices released a statement of condemnation, arguing the bills would undermine the rule of law.[17] One member of parliament, La‘auli Leuatea Polataivao, was expelled from the HRPP for his opposition to the bills,[18] and went on to establish the Fa‘atuatua i le Atua Samoa ua Tasi (FAST) party.[19] La‘auli's seat was later controversially declared vacant, but he retained it after successfully contesting a subsequent by-election in August 2020.[20] Two other MPs of the ruling party later joined FAST,[21] including Fiamē Naomi Mata‘afa, the daughter of Samoa's first prime minister Fiamē Mataʻafa Faumuina Mulinuʻu II, who resigned as deputy prime minister, and in March 2021, was elected by FAST to lead the party.[22][23] Weeks before the election, the HRPP majority passed a bill requiring members of parliament to contest a by-election if they leave their party to become independents during the parliamentary term. A former member of the HRPP later claimed the following year that the motive behind this law's passage was to prevent further defections from the party.[24] Several TSP members also defected to FAST, including former leader Palusalue and other former TSP members of parliament.[25]
Electoral system
The 2021 election saw 51 members of parliament elected from 51 single-member constituencies via first-past-the-post voting. Parliament approved amendments to the electoral act in 2019, which resulted in the constituencies being redrawn and increased to 51. These amendments also abolished the urban seat constituencies,[26][27] which were designated for citizens in Apia who either resided on non-customary or had no connection to a traditional village.[28] The 2013 Constitutional Amendment act mandates that at least 10% of members of parliament are women. If this quota were unfulfilled following an election, parliament must establish up to five additional seats allocated to the unsuccessful female candidates who attained the highest percentage of votes. Therefore, parliament could have up to 56 members.[29][26] Candidates were required to hold a Matai title, have reached the age of 21 and have resided in Samoa for at least three years before the nomination deadline. Individuals convicted of a crime in Samoa or any other country within the previous eight years and people with a mental illness were ineligible to stand as candidates. Civil servants were permitted to run as long as they resigned. Should civil servants fail to do so, the date of filing their candidacy is by law deemed to be the point when they relinquish their role.[30]
Voters
Universal suffrage came into effect in 1991, permitting all Samoan citizens aged 21 and older the right to vote.[28] The passage of amendments to the electoral act in 2019 included the introduction of compulsory voting.[26] Individuals who fail to cast a vote are required to pay a fine unless they provide a sufficient reason;[31] in previous elections, voting was voluntary, but it was mandatory for eligible individuals to register.[32] Pre-polling was open to individuals not present in Samoa on election day, the disabled and voters aged 65 and older.[33] The 2019 electoral act also abolished special voting booths designated for voters enrolled in Savai‘i constituencies but residing in Apia, resulting in these individuals having to travel to their constituencies to vote.[34] Although Samoan citizens residing abroad were allowed to register, the HRPP government refused to entertain overseas voting, as in the 2016 election.[35] Which meant Samoans abroad had to travel to Samoa to vote. The prime minister justified his government's decision by claiming that overseas voting was vulnerable to irregularities. The decision sparked criticism from individuals like Tui Ātua Tupua Tamasese Efi, a former head of state and prime minister. He argued that because remittances from overseas Samoans contribute significantly to the economy, citizens abroad should be permitted to vote from afar. The former head of state believed the government's refusal to entertain overseas ballots was politically motivated.[36]
Schedule
The government revealed the election date in April 2020.[37][38] Voter registration closed on 8 October 2020, while the nomination period for candidates to register their candidacy occurred from 13 to 20 October.[39] The dissolution of the 16th Parliament took place on 3 March 2021,[40] and the O le Ao o le Malo Tuimalealiʻifano Vaʻaletoʻa Sualauvi II issued the writ for the election soon after on 9 March. Early voting occurred in the days leading up to the election from 5 to 8 April,[41] and the official results were released on 16 April.[42]
Date
Event
8 October 2020
Voter registration closes
13 October 2020
Candidate nominations open
20 October 2020
Candidate nominations close
3 March 2021
The 16th Parliament is dissolved
9 March 2021
The O le Ao o le Malo issues the Writ for the Election
5 April 2021
Early voting commences
8 April 2021
Early voting concludes
9 April 2021
Election day
16 April 2021
Official results are released
Parties and candidates
In addition to FAST, four other new parties registered with the Electoral Commission before the election, the Samoa First Party,[43] led by Unasa Iuni Sapolu,[44] the Sovereign Independent Samoa Party (SIS), led by Fesola‘i Logomalieimatagi Tepa Toloa;[45] the Samoa National Democratic Party (SNDP) and Tumua ma Puleono.[46][47] In September 2020, the SNDP and Tumua ma Puleono allied with FAST to challenge the HRPP. Under this agreement, the SNDP and Tumua members would compete as FAST candidates, but the parties would not compete against one another in the same constituencies. The parties would also remain separate entities.[48] The Tautua Samoa Party meanwhile rejected a similar offer from FAST; party President Afualo Wood Salele said the TSP was not established to enter coalitions and expressed confidence in his party's electoral chances.[49] The TSP instead opted to form an informal partnership with the Samoa First and SIS parties in November 2020, in which the parties would support one another's candidates in constituencies where none of their members was contesting.[50]
Initially, 200 candidates were registered to contest the election; however, following court challenges and withdrawals, the candidate total decreased to 189.[51] There were 21 female contenders, down from 24 in 2016.[52][53] The ruling HRPP fielded 105 candidates,[51] and party leader and prime minister Tuila‘epa Sa‘ilele Malielegaoi confirmed in July 2020 that he would seek a record fifth term as head of government.[54] The HRPP continued its strategy of fielding multiple candidates in constituencies, which included official party members and unofficial affiliates. This strategy benefited the party in previous elections, allowing constituents to vote out HRPP MPs whose favourability had declined without causing the party to lose seats and ultimately helped it to retain majorities.[55] FAST nominated 52 candidates; the TSP fielded 14, five Samoa First members qualified and the SIS party had one. Twelve candidates were independents.[51]
The FAST party's establishment was in response to the passage of the controversial Land and Titles bills, which it promised to repeal.[56] The party released several other policy proposals upon its foundation in July 2020, including a two-term limit for the office of prime minister to avoid an "abuse of power" and eliminate "entrenched corruption".[57] FAST embarked on a nationwide roadshow in January 2021. The party held public consultations with constituents, presenting existing proposals while receiving feedback on what issues to include in a manifesto.[58] Prime Minister Tuila‘epa denounced the roadshow as a "foreign practice" and encouraged HRPP supporters to gatecrash FAST events to counter "brainwashing".[59] FAST aligned MPs were frequently absent from parliamentary sessions during its final sitting, resulting in the deputy speaker pledging to discipline them.[60] The day before the 16th Parliament's dissolution, the prime minister ordered a commission of inquiry to investigate the MPs' absences and unspecified "treasonous acts" related to campaign speeches.[61][62][63] The roadshow concluded on 18 March,[64] and the party released a manifesto on 27 March,[65] with a significant emphasis on governance and the rule of law.[66] In addition to its proposals announced in 2020, other campaign issues the party focused on included the country's dependence on foreign aid and the national debt - the party pledged to review several Chinese government-funded development projects approved by the HRPP, especially plans for a multi-million tālā wharf in Savai‘i, out of concern for a debt increase. FAST promised an annual million tālā development grant for each constituency. The party also promised to allow overseas voting, highlighting the Samoan diaspora's significant economic contributions.[67][68] FAST acquired considerable support from the diaspora, which raised over a million tālā for the party.[68][69] The party won the endorsement of the former head of state Tui Ātua Tupua Tamasese Efi.[70] Fiamē Naomi Mata‘afa's entry into FAST boosted appeal for the party, partly due to her chiefly and political lineage.[56]
Human Rights Protection Party
The HRPP began campaigning three weeks before the election and launched a manifesto on 19 March.[66][71] However, some observers said the party lacked a clear campaign strategy which had been the case for the past few election cycles; instead, relying on the personality-based nature of Samoan politics.[72][55] The HRPP highlighted its record on issues such as healthcare, human development and education and also focused on infrastructure.[73][66] The HRPP frequently mentioned planned infrastructure projects while campaigning, such as a new multi-million tālā wharf in Vaiusu and plans to construct a new hospital in Saleleloga, the latter of which was well received by many in Savai’i. The establishment of standalone ministries of culture and environment was also in the party's platform; the HRPP advocated for investing in electric vehicles and pointed to its efforts in providing remote communities off the electricity grid with solar power.[73] Prime Minister Tuila‘epa Sa‘ilele Malielegaoi warned voters not to make the "wrong choice", claiming his government's achievements would otherwise be "destroyed within months".[71] The HRPP faced more hurdles than in previous elections; an alleged mishandling of the 2019 measles epidemic damaged the party's standing amongst many members of the public. The controversial Land and Titles bills and a struggling economy due to the COVID-19 pandemic also reduced support. However, due to the HRPP's decades-long governance, many voters were sure the party would win re-election.[56][74] Despite asking HRPP supporters to combat "brainwashing" by gatecrashing FAST roadshow events and stating that FAST were "better liars than satan",[59] the prime minister expressed that he was unfazed about the opposition parties' chances and remained confident that the HRPP would prevail and win 45 seats.[75]
Tautua Samoa Party
The TSP launched a manifesto in September 2020 with a theme of "justice and prosperity for all". Party President Afualo Wood Salele identified the four pillars of the party's vision, equal opportunity for all, the rule of law, equal distribution of wealth and environmental sustainability. The manifesto included plans to establish a university in Saleleloga to cater for Savai’i and create an education fund for students from the age of nine to the University level. The party also intended to form a commission of inquiry to investigate the 2019 measles epidemic and assign more qualified doctors to district hospitals to prevent future outbreaks. The TSP sought to increase the minimum wage and the elderly pension and end taxation for church ministers. The party advocated for creating an anti-corruption tribunal. Like FAST, the TSP favoured implementing term limits for the prime minister, repealing the Land and Titles bills and permitting overseas voting.[76] The TSP initially aimed to begin campaigning in November 2020, but as several TSP hopefuls faced legal challenges to their candidacies, the party delayed campaigning to January 2021.[77][78] After the TSP allied with the Sovereign Independent Samoa and Samoa First parties, the trio released a joint manifesto in late January 2021.[79]
Conduct
Several voters complained to the Office of the Electoral Commission (OEC), claiming to have been pressured by village councils to vote for certain candidates. The electoral commissioner responded on 28 February, warning the councils not to meddle with the electoral process and telling them to respect the will of the voters.[80]
Pre-polling commenced on 5 April;[51] 7,414 voters cast an early vote, according to the OEC, out of over 8000 who were eligible to do so. When pre-polling concluded the day before the election on 8 April,[81] the HRPP led in 27 constituencies, FAST in 20 and the TSP in one.[82] An alcohol ban was in force from 7 April to the day after the election.[51] On Election Day, polling stations opened at 8:00 and closed at 15:00 (UTC+13).[83]
Voters resident in Apia and other parts of Upolu but enrolled in constituencies in Savai‘i travelled to their registered constituencies in droves, which resulted in the ferry service operating between Upolu and Savai‘i being busier than usual. Many of these voters found the journey costly due to the travel fares, accommodation costs and presenting gifts to their relatives residing on Savai‘i in adherence to Samoan customs.[84] Some of these individuals opted instead to abstain from voting and pay a fine, which they viewed as more financially viable than travelling to Savai‘i.[85] Polling officials detected a counting glitch in the Vaimauga 2 constituency, which had incorrectly showed the TSP candidate leading two HRPP contestants.[86] In the official count, the OEC found 39 instances of double voting in the constituency of Sagaga 2 and referred the matter to the police.[87]
Results
The OEC released the official results on 16 April. The HRPP lost its majority and was locked in a tie with FAST; both parties won 25 seats.[88] Four of the victorious FAST candidates were affiliates of the SNDP.[89] One independent candidate won a seat, Tuala Iosefo Ponifasio, who became the kingmaker.[88] Three candidates won their seats uncontested; one was FAST leader Fiamē Naomi Mata‘afa, and the other two were HRPP members; Prime Minister Tuila‘epa Sa‘ilele Malielegaoi and Lealailepule Rimoni Aiafi.[90][91] Five of the successful candidates were women, with the female quota seemingly fulfilled.[92] Four cabinet ministers, including Finance Minister Sili Epa Tuioti, lost their seats.[93] FAST performed well on Savai‘i, winning 15 of the island's 20 constituencies.[94] The presence of multiple HRPP candidates contesting constituencies led to vote-splitting in numerous cases,[56] allowing many FAST candidates to win by plurality. The HRPP won the popular vote by nearly 20 points, receiving over 55% to FAST's 36%, partly due to the HRPP fielding a disproportionately higher number of candidates than all other parties. The TSP failed to win any seats,[91] although Party President Afualo Wood Salele came close, losing to his FAST opponent by eight votes.[95]
Following the election, the HRPP and FAST began negotiating with independent kingmaker Tuala Iosefo Ponifasio to form a government.[96] Whilst the talks were ongoing, a dispute arose regarding the interpretation of the parliamentary women's quota. The OEC determined that the female quota was only 9.8% filled, and the electoral commissioner subsequently announced on 20 April the appointment of a sixth female MP, Aliʻimalemanu Alofa Tuuau of the HRPP.[97] However, FAST claimed the presence of five female members fulfilled the quota and challenged the decision in court.[98] The following day, Tuala announced his decision to join FAST, resulting in a hung parliament with both parties holding 26 seats.[99] During this time, numerous candidates began filing electoral petitions against their opponents.[93] The legislative assembly clerk, Tiatia Graeme Tualaulei, announced shortly after the election that parliament would not convene until the Supreme Court resolved all electoral petitions. By law, parliament must meet within 45 days of a general election.[100]
Snap election attempt
In light of a hung parliament, the leaders of the HRPP and FAST met with the O le Ao o le Malo (head of state), Tuimalealiʻifano Vaʻaletoʻa Sualauvi II, on 4 May to discuss the possibility of a second election.[101] While the HRPP supported the proposal,[102] FAST rejected it and argued that all court cases and electoral petitions should be exhausted first. Fiamē said the O le Ao o le Malo had no power to call a fresh election under these circumstances and questioned why he would not wait for the Supreme Court justices to rule on the additional MP first.[103] Later that day, acting on the prime minister's advice, the O le Ao o le Malo declared the results of the April election to be void and ordered a snap poll for 21 May,[104] and issued the election writ the following day.[105] FAST challenged the proclamation in court, arguing the call was "unconstitutional".[102] Meanwhile, the TSP welcomed a second poll,[106] claiming the April election was full of irregularities.[107] On 17 May, the Supreme Court overturned the appointment of the sixth woman MP and the voiding of the April election, cancelling the scheduled May poll due to the lack of legal authority on the part of the O le Ao o le Malo. The court also ordered parliament to convene within 45 days of the April election. Prime Minister Tuila‘epa refused to accept the results; he announced the HRPP would appeal both rulings and that his caretaker government would remain in power until the resolution of all electoral petitions in court.[108]
The O le Ao o le Malo initially agreed to abide by the ruling and scheduled parliament to convene on 24 May,[109] the final day it could meet by law.[2] On 22 May, Chief Justice Satiu Simativa Perese rejected an attempt by Attorney-General Savalenoa Mareva Betham Annandale to nullify the order for parliament to convene.[110] That day, the O le Ao le Malo retracted his proclamation, adding that he would disclose the reasoning in "due course", triggering a constitutional crisis.[1][2] The following day, the Supreme Court ruled the retraction unconstitutional and ordered the convention to proceed.[111] The HRPP leader denounced the ruling as "illegal", called for the Supreme Court justices to stand trial and said the HRPP caucus would not be sworn in without the additional female MP.[112] That evening, the outgoing speaker, Leaupepe Toleafoa Faafisi, defied the court order and cancelled the swearing-in ceremony.[113] On 24 May, the FAST MPs arrived at Parliament for the swearing-in ceremony, only to find the legislative assembly building locked and surrounded by police.[114] The HRPP MPs refused to attend, and when the O le Ao o le Malo did not appear,[4] the FAST caucus conducted an ad hoc ceremony in a tent outside parliament, swearing in its members with former attorney-general Taulapapa Brenda Heather-Latu acting as the clerk;[3] Fiamē Naomi Mata‘afa took the oath of office to become Samoa's first female prime minister and Tuala Iosefo Ponifasio became deputy prime minister.[115]Papaliʻi Liʻo Taeu Masipau was sworn in as speaker. Following the ceremony, Tuila‘epa accused FAST of treason.[3] Shortly after, the Federated States of Micronesia and Palau recognised the FAST government as legitimate.[116][117]
The crisis ended on 23 July when the Court of Appeals ruled the ad hoc ceremony was legal and that FAST had been the legitimate government since 24 May. The justices also determined that the HRPP caretaker administration had unlawfully occupied government offices from that date. The order confirmed Fiamē's appointment as Samoa's first female prime minister and FAST's victory, ending nearly four decades of HRPP governance and Tuila‘epa's premiership of over 22 years.[4]
After the ruling, Fiamē and FAST began to receive congratulatory messages from state leaders, with one of the first coming from New Zealand Prime Minister Jacinda Ardern.[118] The O le Ao o le Malo recognised the new government shortly after. On 26 July, Tuila‘epa conceded defeat, nearly three months after the election.[119] The following day, he ceded power and assumed the role of opposition leader.[120][121] In August 2021, Tuila‘epa claimed that his party's defeat resulted from a "feminist plot" instigated by Ardern and suggested she wanted "a female prime minister for Samoa". Tuila‘epa also alleged that the New Zealand government was significantly involved in the constitutional crisis; and cited Ardern's swift congratulations on the new prime minister as "proof". Ardern denied the allegations as unfounded.[122][118][123]
Swearing in of the HRPP caucus
The new prime minister set the first sitting of the 17th Parliament since the constitutional crisis for 14 September.[124] The status of the HRPP MPs was in limbo as they had not been sworn in within 45 days of the general election, with uncertainty around whether or not they would need to compete in by-elections. Tuila‘epa informed the speaker that the HRPP caucus wished only to be sworn in by the head of state and not him.[125] The speaker responded by telling the HRPP leader that it is he that swears in members of parliament per the constitution.[126] The day before the parliamentary sitting, the speaker barred the HRPP caucus from attending the convention of parliament and refusing to swear them in, citing a "continual opposition and non-acceptance of the current government".[127][128] On the day, per the speaker's declaration, the police prevented the HRPP caucus from attempting to enter the parliamentary chamber.[129] Tuila‘epa accused FAST of being dictatorial, and described the event as a "sad day for Samoa";[130] the following day the HRPP filed a lawsuit.[131] On 16 September, the Supreme Court ruled in the HRPP's favour, ordering the speaker to swear in the caucus as soon as possible,[132][133] who did so the next day.[134]
Some unsuccessful candidates filed electoral petitions against their winning opponents, accusing them of malpractice. Twenty-eight candidates had petitions brought against them; fourteen were HRPP members, while the other fourteen were FAST MPs. The proceedings saw seven of the HRPP MPs either convicted and stripped of their seats by order of the court or resign to avoid prosecution.[135][93] TSP President Afualo Wood Salele submitted a petition against his victorious FAST opponent, which he later withdrew under pressure from his constituency.[136] However, a subsequent counter-petition saw Afualo convicted by the Supreme Court of bribery and barred from running in elections for ten years.[137] On the other hand, none of the FAST MPs in question lost their seats, leaving Parliament with 26 FAST MPs and 18 for the HRPP.[138]
To fill the vacancies, the speaker of parliament, Papaliʻi Liʻo Taeu Masipau, scheduled seven by-elections in the vacant constituencies for 26 November.[139] FAST candidates won five of the seats,[135] one of whom was unopposed,[140] increasing the party's majority to 32. The HRPP could only retain two seats, leaving them with 20 members in parliament.[135] Due to the HRPP's less than ideal performance, former Education Minister Loau Keneti Sio and other HRPP members called for Tuila‘epa Sa‘ilele Malielegaoi to resign as party leader.[141] As no women won any seats in the by-election, the head of state appointed two additional female members to parliament. However, the speaker refused to swear them in until a dispute regarding the interpretation of the 10% quota was settled in court.[142] The following year in May 2022, the Supreme Court ordered the speaker to swear in three additional members, Aliʻimalemanu Alofa Tuuau and Faagasealii Sapoa Feagiai of the HRPP and To'omata Norah Leota of FAST.[143] The court of appeal voided the apportionment of the additional FAST member in November 2022.[144]
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