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Head of State Issues Proclamation of Emergency while Awaiting Parliament to Pass Budget

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By: Jasmine Netzler-Iose, Government Press.  Head of State Afioga Tuimaleali’ifano Va’aleto’a Eti Sualauvi II has issued a Proclamation of Emergency under Article 105 of the Constitution of the Independent State of Samoa 1960.

Signed on the 26 day of September this year, the proclamation announces that the decision follows consultation with Cabinet set out in the F.K. (25) 36.

And that from that consultation, the Head of State was satisfied that there exists a ‘grave emergency’ threatening the economic life of Samoa.

Tuimaleali’ifano refers to this threat as ‘an internal disturbance (“economic emergency”)’ triggered by the ‘lack of lawful authority’ to issue money out of the Treasury Fund, that was caused by the failure to pass an Appropriation Bill of the current financial year.

Following the failure to pass an Appropriation Bill in Parliament earlier this year, the government went into Caretaker mode and the country started operating on a budget of 25 per cent (%) from the current budget for the next financial year.

This prompted a snap election which was later scheduled to happen on August 29, and the country went into Caretaker Government mode until after the final count showed a landslide win by the Faatuatua I le Atua ua Tasi (FAST) Party.

The new Government was sworn-in on Tuesday 16 September this year.

Just last week Friday, Acting Prime Minister Mulipola Anarosa Ale Molio’o during a press conference, revealed when government came on board the country was operating under a budget of 25 per cent (%) brought about under the Caretaker Government.

And the funds were already running out, so this is why the cabinet decided to bring into effect the Emergency budget which comes under Article 105 of the Constitution to ensure that government operations continue.

The State of Emergency will be in force from 30 September until 29 October 2025 and only for the purpose of issuing out the Treasury Fund such money as is necessary to meet the economic emergency.

According to Part 2 of Article 105, the Proclamation of Emergency remains in force for a period of 30 days and if not sooner revoked, but the provisions of this clause shall no preclude the issue of a further proclamation before the expiry of the period for which the immediately preceding Proclamation is in force.

Mulipola told the media that at Cabinet’s meet on Wednesday that week, they negotiated to start the Emergency Budget from the 30th of September to the 30th of October 2025.

And during these 30 days the Ministry of Finance will continue to work on producing the main budget for the country.

She told the media it was unlikely that after the length of the State of Emergency there would be a need to request for an extension.

But, Cabinet has decided the priorities that will be funded by this Emergency Budget including, the Public Servants salaries, overtime, pension for the elderly, contractual projects, government scholarship programs, and benefits for the persons with disabilities, pharmaceutical supplies, government and ministry operations and the agricultural projects at Atele and Savaii.

According to Part 3 of Article 105, “If the Legislative Assembly is meeting at the time the Proclamation of Emergency is made, the Proclamation shall forthwith be laid before the Assembly.

And given that the proclamation has been issued while the Legislative Assembly or Parliament have not yet met, this means the Headq shall appoint a time for the Assembly to meet which time shall be as soon as the Head of State, acting in his discretion, considers that conditions make it practical, and the Proclamation shall forthwith be laid before the Assembly.

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Since the Proclamation of Emergency has been made and while it remains in effect, Afioga Tuimaleali’ifano may from time to time make Emergency Orders he sees fit necessary or expedient for securing the public safety and maintaining public order and the supplies and services essential to the life of the community, and generally for safeguarding the interests and maintaining the welfare of the community.

According to Mulipola, Parliament is expected to meet at the second week of October, and that is when the main budget will be tabled.

She also confirmed that the main budget will include funding for some of their promises made in their political party’s manifesto – not all but what can be included and if all initiatives are not included the government will be in administration for 5 years.

Photos: Government of Samoa File Photo and Jasmine Netzler-Iose

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