Tupuola Efi back as P.M. of Samoa

Press, 20 September 1982, Page 1

Tupuola Efi back as P.M. of Samoa

NZPA staff correspondent Wellington

Western Samoa's Government has fallen and the longtime former leader, Tupuola Efi. is back as Prime Minister trying to gather a Cabinet.

The historic events of the last few days should have little or no effect on the controversial. citizenship agreement finalised between Western Samoa and NewZealand last week. The head of State.. Malietoa Tanumafili 11, appointed the unofficial Opposition leader. Tupuola Efi. premier yesterday, after an Apia Supreme Court ruling on Saturday ousted the Prime Minister, Va’ai Kolone. from the seat he won in the February

Tupuola Efi. who was Prime Minister for six years until the 1982 elections, immediately told NZPA he was too busy" attempting to form a government to-think about the citizenship agreement he had vigorously attacked in recent weeks.

. “I have other things to attend to first." he said. The New Zealand Prime Minister. Mr Muldoon, said it was "too late" to change the agreement because the legislation was passed through Parliament last week.

Tupuola Efi had consolidated his political position during the citizenship debate in the last month, calling the Va'ai government “ninnies."

and saying it had been “conned" into agreement by New Zealand.

Reports indicated that Va'ai Kolone's party had "lost a lot of points" with the Samoan public over the issue.

Tupuola Efi takes power by virtue of the fact that Opposition members of Parliament hold 22 seats, while Va’ai Kolone's Human Rights Protection Party is down to 21 seats.

But the Samoan political scene features a complex criss-crossing of loyalties, and Tupuola Efi has a hard task ahead of him building a government. Chief Justice Callender, a former Auckland District Court judge, gave his landmark ruling in the Apia Supreme Court on Saturday against a background of widespread allegations of corrupt practice in recent Samoan, elections. Stunned courtroom silence followed Chief Justice Callender's announcement that Va'ai Kolone was guilty on charges of personation — votes being recorded by persons in place of dead or absent matais (village chiefs).'

Charges of treating (handing over gifts such as food or drink to prospective supporters) and bribing were dismissed.

Tupuola Efi said in a telephone interview from Apia that he was sworn in at 10.30

a.m. New Zealand time yesterday and that his first task was to see if he could get a Cabinet together.

Asked if he could form an effective government. Tupuola said. “I think we will be okay. There has to be a decision about the sort of Cabinet and negotiations with other people."

The loosely knit caucus of formerly unofficial opposition members of Parliament will meet within a few davs.

Tupuola Efi had previouslysaid he wanted to visit NewZealand to reopen negotiations with Mr Muldoon, his personal friend, on the citizenship agreement, but yesterday he said the trip was not possible at the moment. Mr Muldoon told NZPA he would send a message to Tupuola Efi on his appointment and he "would expect him to do very well."

“He will want' to' co-oper-ate with New Zealand on the economic side and we will be happy to co-operate with him."

The head of State had “obviously taken the view that he (Tupuola Efi) can form a government." Mr Muldoon said.

His appointment ended about 18 hours of immediate constitutional uncertainty after the ousting of Va'ai Kolone. But the real issue is whether a successful government can now be formed or whether more uncertainty will result and a General Election possibly follow. All the governing Human Rights Protection Party Cabinet ceased to be Ministers under the constitution after the Supreme Court decision was announced.

The head of State had several options open to him. and decided to appoint someone who in his opinion commanded a majority in the House of Representatives.He also has the power to dissolve Parliament and appoint a caretaker executive before elections are held.

Va'ai Kolone lost his seat through an electoral petition brought by an Asau village chief orator. Fao Avau. The petitioner convinced Chief Justice Callender that there had been a concerted plan of examining the electoral roll to find names of deceased or absent voters. Ineligible persons were in-

structed to vote under the names.

In his ruling Chief Justice Callender said he was satisfied the corrupt practices committed "in relation to the election of Va'ai Kolone have so extensively prevailed that I find they may' reasonably have affected the result."

“The petition succeeds and the election shall be voided."

A total of 18 charges of bribery, treating, and personation were put before the Court. Ten of the personation allegations were proved, thus reducing Va'ai Kolone's majority to 12 votes.

Chief Justice Callender ruled that Va'ai had not been directly involved in the alleged bribery and treating. Evidence had been given asserting that relatives had handed over gifts.