Voters

Universal suffrage came into effect in 1991, permitting all Samoan citizens aged 21 and older the right to vote.^[28] The passage of amendments to the electoral act in 2019 included the introduction of compulsory voting.^[26] Individuals who fail to cast a vote are required to pay a fine unless they provide a sufficient reason;^[31] in previous elections, voting was voluntary, but it was mandatory for eligible individuals to register.^[32] Pre-polling was open to individuals not present in Samoa on election day, the disabled and voters aged 65 and older.^[33] The 2019 electoral act also abolished special voting booths designated for voters enrolled in Savai‘i constituencies but residing in Apia, resulting in these individuals having to travel to their constituencies to vote.^[34] Although Samoan citizens residing abroad were allowed to register, the HRPP government refused to entertain overseas voting, as in the 2016 election.^[35] Which meant Samoans abroad had to travel to Samoa to vote. The prime minister justified his government's decision by claiming that overseas voting was vulnerable to irregularities. The decision sparked criticism from individuals like Tui Ātua Tupua Tamasese Efi, a former head of state and prime minister. He argued that because remittances from overseas Samoans contribute significantly to the economy, citizens abroad should be permitted to vote from afar. The former head of state believed the government's refusal to entertain overseas ballots was politically motivated.^[36]

Fa‘atuatua i le Atua Samoa ua Tasi

The FAST party's establishment was in response to the passage of the controversial Land and Titles bills, which it promised to repeal.^[56] The party released several other policy proposals upon its foundation in July 2020, including a two-term limit for the office of prime minister to avoid an "abuse of power" and eliminate "entrenched corruption".^[57] FAST embarked on a nationwide roadshow in January 2021. The party held public consultations with constituents, presenting existing proposals while receiving feedback on what issues to include in a manifesto.^[58] Prime Minister Tuila‘epa denounced the roadshow as a "foreign practice" and encouraged HRPP supporters to gatecrash FAST events to counter "brainwashing".^[59] FAST aligned MPs were frequently absent from parliamentary sessions during its final sitting, resulting in the deputy speaker pledging to discipline them.^[60] The day before the 16th Parliament's dissolution, the prime minister ordered a commission of inquiry to investigate the MPs' absences and unspecified "treasonous acts" related to campaign speeches.^[61][62][63] The roadshow concluded on 18 March,^[64] and the party released a manifesto on 27 March,^[65] with a significant emphasis on governance and the rule of law.^[66] In addition to its proposals announced in 2020, other campaign issues the party focused on included the country's dependence on foreign aid and the national debt - the party pledged to review several Chinese government-funded development projects approved by the HRPP, especially plans for a multi-million tālā wharf in Savai‘i, out of concern for a debt increase. FAST promised an annual million tālā development grant for each constituency. The party also promised to allow overseas voting, highlighting the Samoan diaspora's significant economic contributions.^[67][68] FAST acquired considerable support from the diaspora, which raised over a million tālā for the party.^[68][69] The party won the endorsement of the former head of state Tui Ātua Tupua Tamasese Efi.^[70] Fiamē Naomi Mata‘afa's entry into FAST boosted appeal for the party, partly due to her chiefly and political lineage.^[56]

Human Rights Protection Party

The HRPP began campaigning three weeks before the election and launched a manifesto on 19 March.^[66][71] However, some observers said the party lacked a clear campaign strategy which had been the case for the past few election cycles; instead, relying on the personality-based nature of Samoan politics.^[72][55] The HRPP highlighted its record on issues such as healthcare, human development and education and also focused on infrastructure.^[73][66] The HRPP frequently mentioned planned infrastructure projects while campaigning, such as a new multi-million tālā wharf in Vaiusu and plans to construct a new hospital in Saleleloga, the latter of which was well received by many in Savai’i. The establishment of standalone ministries of culture and environment was also in the party's platform; the HRPP advocated for investing in electric vehicles and pointed to its efforts in providing remote communities off the electricity grid with solar power.^[73] Prime Minister Tuila‘epa Sa‘ilele Malielegaoi warned voters not to make the "wrong choice", claiming his government's achievements would otherwise be "destroyed within months".^[71] The HRPP faced more hurdles than in previous elections; an alleged mishandling of the 2019 measles epidemic damaged the party's standing amongst many members of the public. The controversial Land and Titles bills and a struggling economy due to the COVID-19 pandemic also reduced support. However, due to the HRPP's decades-long governance, many voters were sure the party would win re-election.^[56][74] Despite asking HRPP supporters to combat "brainwashing" by gatecrashing FAST roadshow events and stating that FAST were "better liars than satan",^[59] the prime minister expressed that he was unfazed about the opposition parties' chances and remained confident that the HRPP would prevail and win 45 seats.^[75]

Tautua Samoa Party

The TSP launched a manifesto in September 2020 with a theme of "justice and prosperity for all". Party President Afualo Wood Salele identified the four pillars of the party's vision, equal opportunity for all, the rule of law, equal distribution of wealth and environmental sustainability. The manifesto included plans to establish a university in Saleleloga to cater for Savai’i and create an education fund for students from the age of nine to the University level. The party also intended to form a commission of inquiry to investigate the 2019 measles epidemic and assign more qualified doctors to district hospitals to prevent future outbreaks. The TSP sought to increase the minimum wage and the elderly pension and end taxation for church ministers. The party advocated for creating an anti-corruption tribunal. Like FAST, the TSP favoured implementing term limits for the prime minister, repealing the Land and Titles bills and permitting overseas voting.^[76] The TSP initially aimed to begin campaigning in November 2020, but as several TSP hopefuls faced legal challenges to their candidacies, the party delayed campaigning to January 2021.^[77][78] After the TSP allied with the Sovereign Independent Samoa and Samoa First parties, the trio released a joint manifesto in late January 2021.^[79]

By constituency

Snap election attempt

In light of a hung parliament, the leaders of the HRPP and FAST met with the O le Ao o le Malo (head of state), Tuimalealiʻifano Vaʻaletoʻa Sualauvi II, on 4 May to discuss the possibility of a second election.^[101] While the HRPP supported the proposal,^[102] FAST rejected it and argued that all court cases and electoral petitions should be exhausted first. Fiamē said the O le Ao o le Malo had no power to call a fresh election under these circumstances and questioned why he would not wait for the Supreme Court justices to rule on the additional MP first.^[103] Later that day, acting on the prime minister's advice, the O le Ao o le Malo declared the results of the April election to be void and ordered a snap poll for 21 May,^[104] and issued the election writ the following day.^[105] FAST challenged the proclamation in court, arguing the call was "unconstitutional".^[102] Meanwhile, the TSP welcomed a second poll,^[106] claiming the April election was full of irregularities.^[107] On 17 May, the Supreme Court overturned the appointment of the sixth woman MP and the voiding of the April election, cancelling the scheduled May poll due to the lack of legal authority on the part of the O le Ao o le Malo. The court also ordered parliament to convene within 45 days of the April election. Prime Minister Tuila‘epa refused to accept the results; he announced the HRPP would appeal both rulings and that his caretaker government would remain in power until the resolution of all electoral petitions in court.^[108]

Constitutional crisis

The O le Ao o le Malo initially agreed to abide by the ruling and scheduled parliament to convene on 24 May,^[109] the final day it could meet by law.^[2] On 22 May, Chief Justice Satiu Simativa Perese rejected an attempt by Attorney-General Savalenoa Mareva Betham Annandale to nullify the order for parliament to convene.^[110] That day, the O le Ao le Malo retracted his proclamation, adding that he would disclose the reasoning in "due course", triggering a constitutional crisis.^[1][2] The following day, the Supreme Court ruled the retraction unconstitutional and ordered the convention to proceed.^[111] The HRPP leader denounced the ruling as "illegal", called for the Supreme Court justices to stand trial and said the HRPP caucus would not be sworn in without the additional female MP.^[112] That evening, the outgoing speaker, Leaupepe Toleafoa Faafisi, defied the court order and cancelled the swearing-in ceremony.^[113] On 24 May, the FAST MPs arrived at Parliament for the swearing-in ceremony, only to find the legislative assembly building locked and surrounded by police.^[114] The HRPP MPs refused to attend, and when the O le Ao o le Malo did not appear,^[4] the FAST caucus conducted an ad hoc ceremony in a tent outside parliament, swearing in its members with former attorney-general Taulapapa Brenda Heather-Latu acting as the clerk;^[3] Fiamē Naomi Mata‘afa took the oath of office to become Samoa's first female prime minister and Tuala Iosefo Ponifasio became deputy prime minister.^[115] Papaliʻi Liʻo Taeu Masipau was sworn in as speaker. Following the ceremony, Tuila‘epa accused FAST of treason.^[3] Shortly after, the Federated States of Micronesia and Palau recognised the FAST government as legitimate.^[116][117]

The crisis ended on 23 July when the Court of Appeals ruled the ad hoc ceremony was legal and that FAST had been the legitimate government since 24 May. The justices also determined that the HRPP caretaker administration had unlawfully occupied government offices from that date. The order confirmed Fiamē's appointment as Samoa's first female prime minister and FAST's victory, ending nearly four decades of HRPP governance and Tuila‘epa's premiership of over 22 years.^[4] After the ruling, Fiamē and FAST began to receive congratulatory messages from state leaders, with one of the first coming from New Zealand Prime Minister Jacinda Ardern.^[118] The O le Ao o le Malo recognised the new government shortly after. On 26 July, Tuila‘epa conceded defeat, nearly three months after the election.^[119] The following day, he ceded power and assumed the role of opposition leader.^[120][121] In August 2021, Tuila‘epa claimed that his party's defeat resulted from a "feminist plot" instigated by Ardern and suggested she wanted "a female prime minister for Samoa". Tuila‘epa also alleged that the New Zealand government was significantly involved in the constitutional crisis; and cited Ardern's swift congratulations on the new prime minister as "proof". Ardern denied the allegations as unfounded.^{[122][118][123]}

Swearing in of the HRPP caucus

The new prime minister set the first sitting of the 17th Parliament since the constitutional crisis for 14 September.^[124] The status of the HRPP MPs was in limbo as they had not been sworn in within 45 days of the general election, with uncertainty around whether or not they would need to compete in by-elections. Tuila‘epa informed the speaker that the HRPP caucus wished only to be sworn in by the head of state and not him.^[125] The speaker responded by telling the HRPP leader that it is he that swears in members of parliament per the constitution.^[126] The day before the parliamentary sitting, the speaker barred the HRPP caucus from attending the convention of parliament and refusing to swear them in, citing a "continual opposition and non-acceptance of the current government".^[127][128] On the day, per the speaker's declaration, the police prevented the HRPP caucus from attempting to enter the parliamentary chamber.^[129] Tuila‘epa accused FAST of being dictatorial, and described the event as a "sad day for Samoa";^[130] the following day the HRPP filed a lawsuit.^[131] On 16 September, the Supreme Court ruled in the HRPP's favour, ordering the speaker to swear in the caucus as soon as possible,^[132][133] who did so the next day.^[134]

Electoral petitions and subsequent by-elections

Some unsuccessful candidates filed electoral petitions against their winning opponents, accusing them of malpractice. Twenty-eight candidates had petitions brought against them; fourteen were HRPP members, while the other fourteen were FAST MPs. The proceedings saw seven of the HRPP MPs either convicted and stripped of their seats by order of the court or resign to avoid prosecution.^[135][93] TSP President Afualo Wood Salele submitted a petition against his victorious FAST opponent, which he later withdrew under pressure from his constituency.^[136] However, a subsequent counter-petition saw Afualo convicted by the Supreme Court of bribery and barred from running in elections for ten years.^[137] On the other hand, none of the FAST MPs in question lost their seats, leaving Parliament with 26 FAST MPs and 18 for the HRPP.^[138]

To fill the vacancies, the speaker of parliament, Papaliʻi Liʻo Taeu Masipau, scheduled seven by-elections in the vacant constituencies for 26 November.^[139] FAST candidates won five of the seats,^[135] one of whom was unopposed,^[140] increasing the party's majority to 32. The HRPP could only retain two seats, leaving them with 20 members in parliament.^[135] Due to the HRPP's less than ideal performance, former Education Minister Loau Keneti Sio and other HRPP members called for Tuila‘epa Sa‘ilele Malielegaoi to resign as party leader.^[141] As no women won any seats in the by-election, the head of state appointed two additional female members to parliament. However, the speaker refused to swear them in until a dispute regarding the interpretation of the 10% quota was settled in court.^[142] The following year in May 2022, the Supreme Court ordered the speaker to swear in three additional members, Aliʻimalemanu Alofa Tuuau and Faagasealii Sapoa Feagiai of the HRPP and To'omata Norah Leota of FAST.^[143] The court of appeal voided the apportionment of the additional FAST member in November 2022.^[144]