ONE ON ONE WITH THE ELECTORAL COMMISSIONER
By Nanai Taofiga Laveitiga Tuiletufuga
There is a range of amendments to Samoa’s Electoral Act passed into law Tuesday, 28th April 2020 by Parliament. For clarification, Savali News was afforded the opportunity to sit down with Electoral Commissioner Faimalomatumua Mathew Lemisio in a One on One Question and Answer session.
In response, the Commissioner clarified the new law amendments that will government the upcoming General Elections in 2021.
SAVALI NEWS, (SN) Statuatory Declarations for Candidates. Why six months?
FAIMALOMATUMUA-This is to ensure fair routinization of supporting documents before a decision is made by the Electoral Commissioner (“EC”) whether to accept or reject the nomination of a candidate.
In 2016, the onus was placed on the candidate to prove that they are rendering a monotaga for three years and also have resided in Samoa for the same period counted from the day a candidates lodges his or her nomination papers, by executing a Statutory Declaration before a lawyer in private practice.
There was no legal authority for the EC to further investigate that Statutory Declaration once it’s properly executed.
We saw that as a weakness in the process. Now legal authority is now vested on the EC to check all documents including confirmation of monotaga and residency.
This also opens up the EC’s decisions for judicial review should a candidate is not satisfied with the EC’s decision.
The new time for nomination will allow more time for the OEC to take care of all the preliminary steps before ballot papers are finalised and printed. Before final transfers for candidates spouses and children are finalised. Before the allocation of polling booths are finalised. Also it will give more time to the Court to deal with these Judicial Reviews.
Perhaps most importantly, the new nomination time will give the voters enough time to inform themselves of who exactly is the candidate that will best represent their interests in Parliament.
(SN) What will the amendment accomplish??
FAIMALOMATUMUA-A fairer process for both candidates and voters.
Healthy competition produces quality candidates through innovative and effective campaigns.
Mind you the new Amendment Act now also defines when exactly the campaign period starts and when it ends. That means, all candidate will be on the same playing field when they start launching their campaigns.
When I say campaign, I mean promoting yourself as a candidate, what are your strengths, what are the issues you intend to lobby for when you in the House.
SN- Also our Samoa diaspora may take this as an attempt to prevent them from running in general elections? Your comments.
They are entitled to their opinions but that is not the intention nor the logic of these changes.
It has always been the intention of the law that if a person wants to become a Member of Samoa’s Parliament, they are required to stay here permanently. Obviously, there are exceptions in the law that allows people to go overseas for medical treatment, holidays, fa’alavelave, official meetings etc. But if you’re intentions are to serve Samoa as an MP, then you are required to live here.
That doesn’t stop our people overseas from contesting the General Elections.
They just need to be in Samoa like us living in Samoa. It’s not that there are two separate rule for candidates living in Samoa and a separate one for those living overseas. Once you decided to contest the elections, you are all governed under the same set of rules stipulated by the Electoral Act.
SN- Cast Your Vote from a Booth in the Constituency You are Registered. Can you elaborate on the conditions and eligibility of this amendment?
FAIMALOMATUMUA- Once you are registered on a roll for an Electoral Constituency, you are required to cast your vote in one of the booths within that Constituency.
Mind you that the primary eligibility requirement to register as a voter is residency. Then matai have an option whether to register where they reside or where their matai title comes from. Now if you genuinely reside in a constituency, then you shouldn’t be having trouble casting your vote in that constituency.
This will address a lot of issues raised by mainly those in Savaii and rural about “strangers” on their rolls
.Also address the issue of a candidate being elected by the village voters who cast their votes inside of the village and constituency only to be overturned by votes cast outside.
SN- Church monotaga. Did the church leaders registered their concerns during review of this amendment?
FAIMALOMATUMUA- No church leaders registered their concerns with our Office.
It’s important to note that religious monotaga was only included in the Electoral Act 1963 in 2015. It was done so to cater for the Urban Constituencies once its boundaries were drawn.
A lot of candidates who contested the Urban Seats in 2016 are matai from outside of those boundaries.
All of them would not have been able to contest the 2016 Elections if the religious monotaga was not included. Now that the Urban Seats will cease come 2021, it was only appropriate to also remove this requirement.
SN- From the amendments, both the candidate and voters will be held accountable should they violate the law, will voters be prosecuted as well and what will be the charges?
There are a number of offenses under the Electoral Act 2019 where both voters and candidates are liable to should they act in any manner that contradicts those provisions.
Bribery and treating for instance. Both the voter, often the receiver of the bribe, and the candidate, the giver, are liable for that offense.
Same for Treating if candidates give food to voters.
The receiver is liable the same as the giver under the Act.
SN- Thank you Commissioner.
