Attorney General legal opinion urges Speaker to return vehicle

Attorney General legal opinion urges Speaker to return vehicle

Apia, Samoa – 18 July 2025 – The Attorney General, Su’a Helene Wallwork-Lamb has urged the Speaker to return the vehicles assigned for his official use so as to comply with the Public Finance Management (Government Vehicles) Regulations.

The Attorney General’s legal opinion distributed to the media follows the Clerk of the Legislative Assembly’s response to the letter from the Ministry of Finance declining to return the vehicles that were allocated to the Speaker and the Deputy Speaker.

“I have again urged the Speaker to return the vehicles so as to comply with the Public Finance Management (Government Vehicles) Regulations,” advised the Attorney General.

“As Samoa heads into the General Elections our Office remains committed to protecting the rule of law. We will take enforcement action if necessary but our preference is to encourage voluntary compliance with all our laws.”

The Attorney General’s opinion was on two issues the Clerk of the Legislative Assembly has taken actions on, namely:

  1. The Clerk’s report on 27 May 2025 to the Head of State that Honourable Laauli Leauatea Polataivao Fosi has the confidence of the majority of the Members of Parliament and therefore to be appointed as the Prime Minist
  2. The Clerk’s press release dated 3 July 2025 stating that the Speaker and Deputy Speaker continue in Office following dissolution of Parliament and that they are both entitled to government vehi

“I have already provided legal opinions to clarify the law on these 2 matters. Given that these matters are of significant public interest and for the sake of transparency, I have decided to publish the Legal Opinions provided by my Office on these 2 matters. These Legal Opinions are not subject to solicitor/client privilege.

“With all due respect to the Office of the Clerk, I do not agree with the actions he took in advising the Head of State to appoint a new Prime Minister. The Clerk has no legal authority to unilaterally determine that the Office of the Prime Minister is vacated and to advise that a new Prime Minister is to be appointed. The process is clearly set out in the Constitution and the Clerk’s advice was inconsistent with that process.”