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BI-ELECTION FOR GAGAIFOMAUGA #3 LOOMS

By: Nanai Taofiga Laveitiga Tuiletufuga

Gagaifomauga #3 Electoral Constituency may be heading back to the polls in the coming months. Under law, a bi-election is warranted after the outgoing Member of Parliament, Laaulialemalietoa Leuatea Schmidt tendered his resignation verbally in the House yesterday afternoon.
Because the General Elections is scheduled for April 2020 in nine months, a bi-election is warranted by law which prescribes that there can only be no bi-election for seats vacated in the House six months before a General Election.
In the House yesterday afternoon, Laauli verbally tendered his resignation from Parliament as MP for Gagaifomauga #3.
The surprised announcement by the Former Speaker and Cabinet Minister was made while members were deliberating the report and recommendations by the Parliament Privilege and Ethics Committee, chaired by Deputy Speaker Nafoitoa Talaimanu Keti which investigated Laauli for alleged breach of the Parliament’s Standing Orders.

The charges relate to statements by Laauli in Parliament last January questioning the tender process in which a contract of $300,000 tala was awarded to procure a 200KVA generator for the Tanumalala Prison.
Laulii had insisted repeatedly in Parliament that he had procured an identical generator for $100,000 tala.
Those statements prompted the investigation originally assigned to the House Finance Committee and later referred to the Privilege and Ethics Committee at the request of Laauli who claimed a conflict of interest by the Finance Committee which reviewed the matter initially.
And yesterday, the Privilege and Ethics Committee Chairman and Deputy Speaker Nafoitoa presented their findings with two recommendation for Laauli to be either reprimanded or suspended from official duties as an MP for three months without pay.
The Deputy Speaker told the House that through Laauli’s own admission during testimonies before the Committee, he admitted that he did not procure a 200KVA generator as he had claimed. Instead, Nafoitoa says that Laulii stated that the $100,000 price tag he quoted is based on the buying price for a 30 KVA Generator which he purchased for his family in 2017.
The Committee Chairman added that the documents provided by the plaintiff were update quote for the buying price of a 200KVA generator.

From Laulii’s evidence complemented by the Committee’s independent and broad inquiries which included statements and testimonies from relevant parties including the Ministry of Customs and Revenue, Nafaitoa told Parliament that it is the Committee’s conclusion that Laauli should be either reprimanded or suspended temporarily without pay for breaching Parliament’s Standing Orders by providing false statements.
Admitting there were also alleged flaws in the procurement and tender process of the generator after it was tendered more than once but three times, Nafoitoa noted that it does not overshadow the insinuations made by Laauli questioning the honesty and due diligence in the tender process not to mention the Government’s accountable and transparent reputation under siege as a result the claims in Parliament which have been publicly viewed worldwide.
Prior to voting on the Committee’s recommendation, the floor was opened for the general membership’s views and opinions before a motion was to be tabled for the House vote.

Of the 10 MP’s who took the floor, six had urged Parliament to forgive and forget and afford Laauli a second chance to remorse. Deputy Prime Minister Fiame Naomi Mataafa told Parliament that after considering the “mitigating factors” which may have influenced Laauli’s bold statement, she recommended a “strong worded reprimand” for Laulii. That motion was seconded.

Agriculture Minister Lopao’o Nataielu Mua in his submission tabled a second motion for Laulii’s suspension to be reduced to a month or 30 days.
And MCIT Minister Afamasaga Rico Tupai seconded the motion noting that from Laauli’s apology to Parliament coupled with public statements by the plaintiff, Laauli is not “genuinely remorseful.”

One MP however reminded the lawmakers that there should be one law for all noting that a Customs Officer implicated in the dealings has had his employment terminated.

But from the MP’s viewpoints, they unanimously voiced discontent with Laauli’s behavior in the House and his public accusations on television and social media implicating the Prime Minister coupled with his disregard of Standing Orders through repeated outburst in Parliament. To the members it was unbecoming of a former Speaker and showed lack of respect to incumbent veteran Speaker Leaupepe Toleafoa Faafisi.

However, Laauli took the House by surprise when he intercepted the proceedings by declaring his verbal resignation. He maintained that he is the victim of a plot against him. Further, he says that the Committee’s recommendations will again crucify him, his Electoral Constituency and his reputation after he was vindicated by the Supreme Court last week where he was charged with over 100 criminal charges associated to a business deal gone sour with Associate Minister Peseta Vaifou concerning their Nonu Business Operation.

He notified the Speaker that in accepting the Committee’s recommendation, he was also tendering his resignation from Parliament.

He had earlier apologized to the House admitting that his intention was genuinely to save government funds and if the procurement process was exhausted to the letter as dictated by law which may have save public funds for government.

PRIME MINISTER’S SAY

In his remarks after Laauli’s departure Prime Minister Tuilaepa told the Chamber that he would have moved a motion to support Deputy Prime Minister Fiame’s motion to reprimand his former Minister of Agriculture.
“What we are doing today is not about one individual but about preserving the integrity of Parliament for future generations,” continued the Prime Minister.

“It was never about me. That was never the issue despite the unsubstantiated accusations leveled at me by Laauli.

“Nonetheless today’s proceedings should also serve as a reminder to all Members of the House of our duties and oath as responsible and honest leaders.
“It is also a reminder that Parliament’s integrity will never be undermined or ridiculed and for each MP to weigh their statements carefully before they voice them inside these sacred chambers.”
Meanwhile, according to law Laauli’s resignation will not become official until he submits a formal letter to this effect to the Speaker of Parliament.
Electoral Commissioner Faimalomatumua Mathew Lemisio in the meantime has verified that under the Electoral Act there is time for a bi-election with 9 months prior to the 2021 General Elections.

Under the Act, a bi-election cannot take place six months away from the General Election if a seat in Parliament is vacated.
The Electoral Commissioner in the meantime awaits the official warrant from the Speaker to start the bi-election process.

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