The decision by Falelatai village chiefs to ban political rallies by certain political parties in their village is illegal says the Samoa Electoral Commissioner, Toleafoa Tuiafelolo John Stanley.
Speaking at his regular election update with media Wednesday, Toleafoa explained that campaigning by election candidates are stipulated under the law and can do so using television, radio, social media, billboards and pamphlets and meetings with voters.
The Electoral Commissioner explained that it is also the voters rights under the law, to talk, meet, listen and ask questions of the candidate so that a voter can make a free choice rather than being influenced against the voters will.
“The whole idea is to give the opportunity to all candidates to listen and varied ideas,” said the Commissioner.
Last week, matais of Falelatai village signed a letter that was given the main political parties, to stop them from entering the village to conduct political meetings and rallies.
The Electoral Commissioner told the media that he had already written to the village matais informing them of the law and advised not only Falelatai matais and any other village that may take the same position, that it is legally improper.
Toleafoa also reminded that when Samoa signed to become an independent nation, the forefathers also accepted democracy; and the beginning of democratic process is the selection of members of parliament and that process begins with elections.
“There should be nothing to influence the voters right to see, listen and talk to any candidate who also has the right to campaign and promote him/herself and platform for the purpose of an election.”
Toleafoa also emphasised that nothing should influence the right and freedom of the voter to choose of who to vote for.
Toleafoa explained that Samoa is highly regarded in the international and regional organisation of Electoral Commissions and democratic institutions.
Such organisations discuss, promote and ensure the rights of election candidates and voters are upheld under the law.
Asked if the village matais reject his decision to allow alternative political rallies, then election candidates can take the matter to the Election Court now sitting and under Section 58 of the Electoral Act, such matters will be supported by the Electoral Office under the law.
Meanwhile, the Electoral Court has dismissed the challenge by the Faatuatua I le Atua Samoa ua Tasi (FAST) candidate Muaaufaalele Mary Taeu against the eligibility of Samoa Uniting Party’s Leatinu’u Wayne So’oialo.
Justice Vui Clarence Nelson and Justice Niava Mata Tuatagaloa presided over the brief hearing.
Justice Nelson said reasons for the decision will be detailed in full in their written decision but only gave their conclusion after hearing submissions from both counsels Muriel Lui for Muaaufaalele and Fuimaono Sarona Ponifasio for Leatinu’u.
The court noted and considered time given to the counsel for the Applicant to provide relevant supporting documents. However, the court did not entertain the adjournment for any matter to correct or submit documents given the time critical for the country leading up to the general election and the judicial process.
The court also dismissed Muaaufaalele’s strike out motion against Leatinu’u’s challenge against her and that challenge is now in progress before the court.
