The Attorney General has issued a formal response to recent actions taken by the Clerk of the Legislative Assembly, raising concerns about legal overreach and misinterpretation of constitutional roles.
The response follows two key actions by the Clerk. The first was a report submitted to the Head of State on 27 May 2025, stating that Laaulialemalietoa Leuatea Polataivao Fosi had the support of the majority of Members of Parliament and should therefore be appointed Prime Minister. The second was a press release dated 3 July 2025 declaring that the Speaker and Deputy Speaker remain in office after the dissolution of Parliament and are entitled to continue using government vehicles.
In a statement released this week, the Attorney General clarified that the Clerk has no legal authority to determine whether the Office of the Prime Minister is vacant, nor to recommend a new appointment. The Constitution, the Attorney General said, clearly outlines the process, and the Clerk’s advice was inconsistent with that process.
The Attorney General also addressed the matter of government vehicles. While the Clerk had released letters from the Ministry of Finance requesting the return of vehicles and a reply from the Speaker refusing to return them, the Attorney General said he had urged compliance with the Public Finance Management (Government Vehicles) Regulations.
Legal opinions addressing both matters have been published in full, with the Attorney General waiving solicitor-client privilege in the interest of public transparency.
As the country moves toward the General Elections, the Attorney General reaffirmed his Office’s commitment to the rule of law and stated that enforcement action will be taken if necessary, though voluntary compliance remains the preferred approach.
Editor’s Note:
The full legal opinions referenced by the Attorney General have been made publicly available and can be accessed via the QR code. For further enquiries, contact
[email protected].
