Apia, Samoa – 05 July 2025 – The Speaker, Papalii Oloipola Li’o Ta’eu Masipa’u has told the CEO of the Ministry of Finance “that you seek competent legal support in the future before threatening any public officer in such an inappropriate manner.”
The Speakers’ letter to the CEO of the Ministry of Finance dated 23 June 2025, reveals the continuing attempts by the officials to usurp the Speaker and Parliaments constitutional powers.
The Speaker was responding to the CEO’s letter of 9 June that demanded the IMMEDIATE return of the official government vehicles assigned to the Speaker and Deputy Speaker.
“I would also draw your attention to the offences under the Act which address the issue as to any obstruction, interference, or resistance of any person in respect of the officers of the Assembly going about their usual duties, and the fact that the precincts of the Assembly are under the control of the Speaker.”
The exchange resounds political influence after parliament dissolved prematurely and after the attempts by the government to remove the Speaker and Deputy speaker through an unprecedented motion of no confidence.
Since then, the narrative from Government that the Speaker’s tenure ends after te dissolution of parliament.
However, the Speaker has already clarified publicly, the provisions of the Legislative Assembly Powers and Privileges Ordinance 1960, which stipulates the continuation of the tenure of the Speaker and the Deputy Speaker following the dissolution of Parliament. These provisions include salaries, and other benefits covering their usage of government vehicles.
In responding to the CEO’s letter, the Speakers’ stiff tone was obvious.
“In that rather intemperate correspondence, you purport to order the return of my vehicle and that of the Deputy Speaker’s and direct the Clerk to: “….ensure that the vehicles are returned IMMEDIATELY.” [Your use of uppercase].
“You then quote your apparent legal authority to so direct, based on two documents:
- Regulation Compliance – section 8 of the Public Finance Management (Government Vehicles) Regulations 2015 ‘2015 Regulations’.
Comment: These regulations (made under the Public Finance Management Act 2001) simply confirm the allocation of a government vehicle to certain listed officeholders, but do not impose any terms or conditions whatsoever upon those officeholders as to the use of such vehicles. In fact, the restrictions are imposed upon Associate Ministers and CEO’s but not the officeholders listed under Regulation 3.
“The reference in your letter to 1section 8 of the Regulations is also clearly wrong insofar as this particular regulation refers to the ‘Sale of Vehicles’ and does not deal in any way with the authority to surrender any officeholder’s vehicle.
“You further advise of your authority to act in the next numbered paragraph 2:
- Caretaker Government Conventions – endorsed under FK (25) 23 dated 11 June 2025 (a copy of which you neglected to provide as an attachment to your letter) and refers to the 2015 Regulations and Cabinet (under this document): has resolved that the following officeholders must return the allocated vehicles to the relevant Ministry…within 1 week of the date of dissolution.
And then stipulates the following officeholders, the convention refers to:
(a) An Associate Minister;
(b) Speaker and Deputy Speaker of Par1iament;
(c) The Leader of the Opposition.
Comment: Associate Ministers and the Leader of the Opposition ie (a) and (c) are no longer officeholders for Regulation 3 since the dissolution of Parliament.
“The Speaker (which is defined as including the Deputy Speaker under Section 3 of the Legislative Assembly Power and Privileges Ordinance 1960 ‘The Act’) continues to hold office (together with the Deputy Speaker) until and unless/ a new Speaker is sworn (after the Election on 29 August 2025), which is in accordance with section 30 of the Act which states:
“30. Speaker to act notwithstanding dissolution or prorogation of the Assembly.
“For the purposes of this Ordinance, the person who fills the office of Speaker at the time of prorogation or dissolution of the Assembly shall be deemed to be the Speaker until the Assembly is again summoned or until another person has been appointed.”
“To be clear, NO subsidiary piece of legislation such as the 2015 Regulations (such as you have misquoted) made under a different Act altogether, or any alleged policy document decided by a Cabinet in ‘Caretaker’ mode, can supersede the powers and privileges given to any of the listed officeholders listed in Regulation 3 (such as the Council of Deputies, the Chief Justice and members of the Judiciary), which also includes the Speaker and Deputy Speaker which, in their case, are privileges which are conferred by an Act of Parliament, m1.d further defined under Standing Orders.
“Accordingly, the legal basis upon which you purport to direct the surrender of official vehicles allocated to current Constitutional officeholders, such myself as Speaker and the Deputy Speaker, is wholly illegal and does not allow you to:
- Request the return of the official vehicles allocated to such office holders.
- Alter the privileges afforded to a certain officeholder by legislation; .
- Utilize a Cabinet Decision (erroneously) based on the 2015 regulations to alter the effect of the Legislative Powers and Privileges Ordinances 1960 for any reason, including in an attempt to alter the salaries, allowances and other benefits to which the Speaker and Deputy Speaker are legally entitled until they are replaced by the newly elected Government.
“I would suggest that you seek competent legal support in the future before threatening any public officer in such an inappropriate manner.
“I would also draw your attention to the offences under the Act which address the issue as to any obstruction, interference, or resistance of any person in respect of the officers of the Assembly going about their usual duties, and the fact that the precincts of the Assembly are under the control of the Speaker,” the Speaker stated.
