Dear Sir
Recently, I watched an interview in which the Prime Minister of Samoa stated that he signed a warrant for the Samoa Police to arrest suspects for drug offending. That statement raises serious questions about the rule of law and the separation of powers in Samoa.
Two things immediately came to mind.
- Where does the Prime Minister believe his authority comes from to sign warrants connected to criminal enforcement?
- Where is the Commissioner of Police in all of this? Is he not the enforcement guardian of the criminal justice system in Samoa? Did he sit by and allow the Prime Minister to take a role that should be kept separate from political office? The operational independence of Police must be protected from political interference, as is expected of Commissioners of Police throughout the world. This separation is a cornerstone of a functioning democracy and should not be blurred.
If the Prime Minister meant his words literally, then the public deserves a clear explanation of the lawful basis for what he claims to have done. If he misspoke and meant another form of administrative approval, then he should correct the record promptly. Either way, the statement “I signed the warrant” is not a small slip. It goes directly to whether the justice system is being kept independent.
To the Prime Minister, you do not have authority to sign warrants that belong under the purview of the judiciary. If you are acting on advice, then disclose the legal basis for your statement. If you have used the wrong term, then say so plainly. Samoa cannot afford confusion at this level of government.
To the Acting Commissioner, do you understand your role as the keeper of Police independence? Your failure to safeguard that independence risks damaging public confidence in law enforcement and invites the very corruption that independence is designed to prevent. It also risks embarrassment for Samoa in the eyes of the international community.
These matters do not stay domestic. Your actions, and your public statements, are being heard beyond Samoa. I urge you both, in the strongest possible terms, to uphold the rule of law and the good governance practices that come with it. Failure to do so may carry consequences, politically and economically.
Sala Pulotu Canada Tanoa’I Alofa McCarthy
CTV Media
