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Commission of Inquiry Electoral Matters [2012] WSOM 1 (7 May 2012)

SAMOA

COMMISSION OF INQUIRY ELECTORAL MATTERS

Table of Contents

Introduction
A Snapshot
Voter Transfer Registrations
The Electoral Body and Territorial Constituencies
Who exactly then should be Registered in an Electorate?
Territorial Constituencies in the Urban Area
Freehold/Leasehold/New Settlement Dwellers
Stable Electoral Rolls
Permissible Transfers
Treating and Bribery
Customary Acts and Corrupt Practice
Fifty years
Turning back the clock; special efforts; an independent electoral commission
Other Matters of Process
Public Officials to resign to stand
Two (2) Seat Constituencies
Additional Seats for Constituencies
Electoral Petitions
Fine-Tuning Amendments
Special Booths
Summary of Conclusions & Recommendations
Appendix 1 Terms of Reference
Appendix 2 Samoa Observer Article 27/2/2012

1. Introduction
   

Our Terms of Reference are attached as Appendix 1

Put briefly, they require us to advance, if appropriate, change measures in a number of specific areas and to review Samoa's electoral system and processes in light of recent experience.

A number of the change measures listed have been under earlier consideration.

Within the last twelve years for instance, three Commissions of Inquiry before us proposed discontinuance of the Individual Voters Roll and its replacement by two seats in Parliament for "urban" dwellers.

Two Commissions of Inquiry proposed dividing the territorial constituencies which currently have two parliamentary seats into two single seat electorates.

Two Commissions of Inquiry favoured public office holders to resign from their posts should they choose to stand for Parliamentary elections.

The last General Elections held on 4 March 2011provide most recent experience of the Electoral System and processes at work. Reports from the Electoral Court on the petitions arising from the 2011 General Elections together with the testimony and views of witnesses before the Commission of Inquiry on aspects of those Elections shape our perspective for the following commentary.

2. A Snapshot
   

After fifty years of independence, our political elections are still dogged by problems that reflect badly on Samoa's advance as a maturing parliamentary democracy.