236 the contemporary pacific • spring 2000 by encouraging some manufacturing, assistance from Australia and respon- introducing some land reform (to be sible for saving of millions of liters of carried out by the purchase of Crown waters annually, as well as thousands land, which would then be leased for of dollars in pumping charges. Niue is business purposes), and by a possible also (oddly enough) the first country further round of corporatization or in the world to offer its entire popu- privatization of state-owned activities. lation free email and Internet access The overall aim is to generate employ- (courtesy of the Internet Users Soci- ment outside the public service, and ety). This action may have the effect to permit reductions in the govern- of easing any sense of isolation, but ment payroll. The government’s can also have the effect of further budget is about nz$17 million, while nurturing the desire of young people New Zealand aid provides nz$2.5 to leave the island for a more exciting million for special projects and life elsewhere. nz$3.75 million in budgetary assis- Finally, although the island’s health tance. Strains on the budget have service is not free from criticism, Niue been intensified by the new govern- remains one of the few places in the ment’s increases to pensions and world where the population is identi- child allowances, offset in part by fied as being completely aids and hiv the reduction in salaries for the four- free (others include the Cook Islands person cabinet. and Tokelau, each associated with Signs of economic distress are not New Zealand in one way or another). difficult to observe. The number of stephen levine businesses registered on the island has declined in two years from 157 to 88. Among those to close during 1999 are the venerable Niue Trading Store Samoa (formerly Burns Philp SS Company) and the long-established R R Rex & Among the issues that made headlines Sons, after forty years, an establish- in Samoa in 1998–99 were those ment that was something of a land- related to by-elections, party politics, mark in the island’s history, economy, Tofilau’s resignation as prime minister and politics. and his succession by Tuila‘epa Sa‘ilele On the positive side, some Malielegaoi, Tuila‘epa’s cabinet increased business activity and visitor reshuffle, Malietoa’s “royal” decrees flow is expected from the America’s (malelega), the ban on new religions Cup competition in Auckland in the at Salamumu village, Tofilau’s contro- year 2000. The possibility of a new versial decisions as prime minister, Niue airline has been raised, and Tofilau’s police card, and the action there have been additional flights to by the leader of the opposition, Tupua the island as a result of connections Tamasese Efi, against the government’s established through Air Rarotonga. alleged media ban against him. Other bright spots for Niue include Following the appointment of its significantly improved water sys- Matai‘a Visesio Europa to the council tem, made possible through technical of deputies on 6 July 1998, the parlia- political reviews • polynesia 237 mentary seat of Faleata East became tection Party under his other matai vacant. Matai‘a was elected to Parlia- title Mulitalo. Mulitalo (or Vaiotu‘u) ment in the 1996 general election as is married to a Vaimoso woman a member of the opposition Samoa whose brother was the hrpp candi- National Development Party (sndp) date whom the two Vaiotu‘u wanted whose leader, Tupua Tamasese Efi Vaimoso village to support in the (one of four tama-a-aiga—paramount upcoming by-election. The Vaiotu‘u titles), is his first cousin (their fathers meeting was quickly followed by were brothers). He became an another, called by Vaimoso matai independent member following a who, in accordance with traditions disagreement with some of his party and village customs, were the only colleagues on sndp-related issues. people who could legitimately call Thereafter Matai‘a became a vocal meetings of the Vaimoso Council supporter of the policies of the gov- of Matai at traditionally allocated erning Human Rights Protection venues. Because of “Vaiotu‘u’s insen- Party (hrpp). His elevation to the sitivity and total disregard of village council of deputies was thus seen by authority” (SO, 7 July 1998), he was the sndp and some sections of society ostracized by Vaimoso’s village coun- as a reward for his political support cil. Vaimoso (except the two Vaiotu‘u of the Human Rights Protection Party and their supporters) in its “official and also as a way of hurting Tupua traditional meeting” had endorsed the and his supporters. Worse still from sndp candidate as their preferred the point of view of his critics, member of Parliament. Matai‘a accepted the government’s The Faleata East by-election, held political carrot ahead of the party he on 28 August 1998, was a victory for rightly belonged to, and its leader, the Samoa National Development who is not only his “brother” but the Party. Its candidate, Patau‘ave Etuale, incumbent tama-a-aiga titleholder of topped the poll by 1,112 votes to 433 his family. In short, Matai‘a should for his only rival, the hrpp candidate. have refused the government’s offer in Following the official announcement loyalty to and respect for his brother of the election results, the sndp can- and the title he held. didate said “We forgive our brethren The constituency of Faleata East who had destroyed the district ban.” comprises the two villages of Lepea He was referring to his opponent’s and Vaimoso. In preparation for the decision to run against him after by-election to elect a new member Faleata East authorities had chosen of Parliament, Matai‘a’s village, him to be their representative in Par- Vaimoso, held a meeting to request liament (SO, 30 Aug 1998). Rumors the support of its voters for the pro- were that the outgoing member and posed candidate. The meeting was his supporters were among the sup- called by two matai (chiefs) of porters of the unsuccessful hrpp Vaimoso who jointly hold the title candidate. The victory of the Samoa Vaiotu‘u. One of them is the incum- National Development Party brought bent deputy speaker of Parliament the number of its supporters in Parlia- and represents the Human Rights Pro- ment to ten (SO, 11 Aug 1998). 238 the contemporary pacific • spring 2000

Patau‘ave was sworn in on 23 Ryan to suggest to the Speaker of November (SO, 24 Nov 1998). Parliament that a legislative amend- The second member for A‘ana ment be passed to limit them (SO, Alofi number 1 constituency, Suafo‘a 4 Sep 1998). Lautusi, lost his seat when he was The death of former Prime Minis- convicted of a charge in connection ter Tofilau Eti Alesana on 19 March with a fatal traffic accident (SO, 26 1999 left vacant one of the two seats July 1998). The by-election for his for the electoral constituency of Fa‘a- seat was held on 24 July. Maiava salele‘aga number 1. A by-election Visekota Peteru, a lawyer whose held on 21 May was won by Seumanu husband is also a lawyer and the Aita Ah Wa, the former minister of incumbent minister of public works, cabinet under Prime Minister Tupuola topped the polls with 1,019 votes (now Tupua Tamasese Efi) in the (SO, 4 Sep 1998). Her nearest rival 1970s, with 830 votes. His two rivals, managed only 206 votes. Maiava Gatoloai Ala‘isea Nele and Tafa Sa, becomes the third woman member in polled 690 and 169 votes respectively the present Parliament. Her victory (SO, 23 May 1999). Seumanu con- retained the number of hrpp mem- tested the seat this time around as an bers, as the outgoing member was a hrpp candidate, to capitalize on the party supporter following his decision popularity of the former prime minis- to switch allegiance from the Samoa ter in the constituency. His victory National Development Party some- maintained the number of hrpp time after the 1996 general election. supporters in Parliament. Ai‘ono Sia and Matatumua Tofilau’s death also created an Maimoaga, two of Maiava’s three opening for one parliamentarian to rivals in the by-election, challenged be appointed to cabinet. New Prime the 1995 amendment to the Electoral Minister Tuila‘epa Sa‘ilele Malielegaoi Act in the Supreme Court. The selected Gafa Ioelu. Gafa, a new- amendment states that only candi- comer to politics, won the Satupa‘itea dates who polled more than half the seat in a by-election that followed a number of votes polled by the winner court decision on an election petition may challenge the election results. filed by the only other contestant, The complainants’ lawyer argued that Asiata Dr Sale‘imoa Va‘ai, against the the 1995 amendment was discrimina- election-night winner in the 1996 gen- tory, essentially because Parliament’s eral election, Tuato Leti. The same intention in passing it was unknown. decision disqualified both Tuato and Justice Young ruled that it was clear Asiata from standing as candidates in that the purpose of the amendment the by-election. Described by mem- was to minimize the number of elec- bers of his family as “a very quiet tion petitions by reducing the number achiever,” Gafa’s elevation to cabinet of those who may file petitions. Before on 12 April 1998 “propelled him the amendment, voters too could file unexpectedly to what promises to be election petitions, and many did. The a hectic life constantly exposed to the numerous petitions that were lodged scrutiny of the public” (SO, 16 Apr prompted then Chief Justice Anthony 1999). Gafa admitted after his elec- political reviews • polynesia 239 tion victory that his success was made member reject his independent status possible by the support of Asiata and he would have to go to the polls in a his supporters. Interestingly, Asiata’s by-election to ask his constituency if appeal against his disqualification he could join the Samoa National from standing in the by-election was Development Party. “Stopping MPs upheld by the Supreme Court in from changing parties before the end December. of their terms was to protect the dig- Asiata was not able to contest the nity of Parliament which is threatened, parliamentary by-election, however, as as shown by MPs changing sides too his name had been removed from the much,” the Speaker said (SO, 19 Aug electoral roll for four years following 1998). In the May sitting of Parlia- an earlier finding of bribery. Further- ment, Anapapa criticized the minister more, he became the subject of of finance for, among other things, inquiries for disciplinary action by failing to table an audit of public the Samoa Law Society. When asked accounts for close to nine years. The about his reaction to the new decision critics of the government were certain Asiata said, “I felt relieved that my this was the reason behind Anapapa’s name and that of my family have sacking (SO, 19 Aug 1998). Anapapa’s been cleared and it is one of the best dismissal reduced the number of hrpp Christmas gifts I have received; praise parliamentary seats to 37 out of 49. the Lord” (SO, 27 Dec 1998). Prime Minister Tofilau Eti Alesana’s Anapapa Laki contested the seat long illness sparked speculation about for Fa‘asalele‘aga number 2 in the his likely successor. When Tuila‘epa 1996 general election as an indepen- Sa‘ilele, the deputy prime minister and dent member of Parliament. He later government spokesman, said that the joined the Human Rights Protection prime minister’s life was in God’s Party, then became an independent hands, the implication was that Tofi- again following his sacking by the lau would not regain his health to party for not turning up to caucus continue as prime minister (SO, 8 meetings for months. In Parliament Nov 1998). Unbelievably, some of his on 17 August 1998 Anapapa claimed political rivals reportedly went to the that he only found out from the head of state asking that the prime Speaker that he had been expelled minister’s services be terminated from the Human Rights Protection because of illness and their chosen Party, and that he was now an inde- successor be appointed to take over. pendent. Following a question by the His Highness, of course, did not grant leader of the opposition, asking why the request, noting that he was not Anapapa was now sitting on the satisfied that illness had prevented the opposition side of the House, the prime minister from performing his Speaker explained that he had official functions (10 Nov 1998). removed Anapapa to the independent Speculation about the prime minis- ranks after receiving notice from the ter’s future and his likely successor Human Rights Protection Party that ended on 23 November 1998, when they had sacked him. The Speaker he braved his illness to attend Parlia- further explained that should the ment, where he officially tendered his 240 the contemporary pacific • spring 2000 resignation (SO, 24 Nov 1998). Secretariat until his appointment to Immediately afterward, his successor, the European Economic Community Tuila‘epa Sa‘ilele Malielegaoi, was in 1980. He entered Parliament in sworn in as the country’s sixth prime 1981, and for a while worked as a minister since independence in 1962. partner in the accounting firm of Tuila‘epa’s appointment put to rest Coopers & Lybrand, a job he later rumors that the other candidates surrendered in order to devote more vying for the prime ministership time to politics. In 1982–83, he was included Tupua Tamasese Efi (leader minister of economic affairs, and in of the opposition Samoa National 1984–85 he was appointed minister Development Party), Misa Telefoni of finance (SO, 24 Nov 1998), a port- (minister of health), and Mafasolia folio he still holds. Papu (minister of agriculture and fish- Although Tofilau resigned as prime eries) (SO, 22 Nov 1998), and that minister, he retained his parliamentary speculation about Tofilau’s successor seat. In Tuila‘epa’s cabinet reshuffle, was breaking his party into factions. the former prime minister became the The choice of Tuila‘epa as Tofilau’s first person to be appointed to the successor was unanimously agreed by newly created position of senior cabi- the party. net minister without portfolio, and The choice was no surprise. Tuila- was sworn in on 8 December 1998 ‘epa had been deputy prime minister (SO, 10 Dec 1998). On 19 March since 1993, and had been Tofilau’s 1999, he died peacefully at his official finance minister since 1982, one year residence at Nafanua, aged seventy- after he was elected to Parliament for four. Tofilau’s long and distinguished the first time, following a by-election political career, which went back to in his constituency, Lepa. Born on 14 1957 when he first entered Parliament April 1945 and raised as a Catholic, at the age of thirty-three, was over. Tuila‘epa was educated in Samoa by Except for two years in 1986–87, the Marist brothers at Mulivai, and when a coalition government was later at St Josephs College, Lotopa. in office, Tofilau was prime minister He won a scholarship to study in from 1983 until his resignation in New Zealand under the bilateral aid 1998. In a tribute, the Observer listed scheme, and attended St Paul College some of Tofilau’s best-known achieve- in Auckland and later Auckland Uni- ments and flaws (21 Mar 1999). It versity. He was the first Samoan to concluded that not only had there graduate with a master’s degree in been “commendable improvements accounting and economics. In 1970, under Tofilau’s tutelage [but] history after returning from overseas studies, will remember [him] well. His he was employed in the Treasury achievements will overshadow any Department, and later became the faults he might have had.” director of the Economics Depart- Tofilau’s death left vacant one ment. From 1973 to 1977, he was place in cabinet, to which Gafa Ioelu deputy financial secretary. In 1978, was appointed. One noticeable change he and his family moved to Brussels, in Tuila‘epa’s cabinet reshuffle was where he worked in the General the allocation of portfolios under political reviews • polynesia 241

Le‘afa Vitale. Having been minister whose origin is traced to 1997, in of public works from 1991 to 1996, which Le‘afa, the head of state, and Le‘afa was given the portfolio of certain matai of Malie village had Electric Power Cooperation, among been involved. others, in the current Parliament In 1997, two of the seven highest- (1996–2001). Following Tofilau’s res- ranking orator titles (tulafale) of Malie ignation, Tuila‘epa added the Ministry were conferred on eight people by of Post and Telecommunication (SO, Le‘afa and his supporters, allegedly 25 Nov 1998). With the addition to on instructions from the head of state. the cabinet of Gafa Ioelu, Le‘afa The Toelupe title was conferred on was reallocated to the Ministry of four people, and the Si‘a title was Women’s Affairs and the Statistics conferred on another four. The cur- Department (SO, 14 Apr 1999). The rent holder of the Toelupe title con- shift from the powerful portfolios to tested in the Land and Titles Court ones that “are generally regarded as the right of the head of state to confer portfolios for new ministers supports the title without his consent, let alone speculation that Le‘afa has an edgy consultation. Toelupe argued that the relationship with the new Prime head of state had honorary caretaker Minister” (SO, 14 Apr 1999). authority over the matai of Malie Le‘afa’s declining popularity prob- only, and not the authority to confer ably had something to do with the titles, which rightly belongs to the traditional affairs of his village Malie, immediate families of the titleholders. one of the three villages in the elec- Malietoa could not appear in court toral constituency of Sagaga-le-Usoga, because of his position as head of which he has represented since 1988. state. He was represented at the hear- Malietoa’s initial plan to build himself ing by a party led by Le‘afa, which a house at Malie was later called off argued that the holder of the Malietoa by him. He wanted another house at title had sole authority over all Malie Sapapali‘i village on Savai‘i Island people including “sand and shingles” completed first, because its dedication (SO, 5 May 1998). The court ruled in ceremony had been planned for favor of Malietoa, a decision that was December 1998. Le‘afa ordered the later reversed following a successful builders he had organized to go ahead appeal by Toelupe, confirming that with the construction of the house at Toelupe and his family have sole Malie, against Malietoa’s directive. authority over their title and that the The angry people of Malie, who conferral of the Toelupe title on four supported Malietoa, Samoa’s head people in 1997 was illegal. of state since independence in 1962, An interesting aspect of the hearing not only pulled down the newly con- was the question of the validity of structed building overnight, but stoned directives (malelega) from the Malie- another house in which the builders toa titleholder dictating his wishes to were staying. They packed their bags Malie people, directives whose weight and left (SO, 16 Oct 1998). The and acceptance are rooted in alleged pulling-down of the head of state’s century-old traditions. The successful house was one of a series of episodes, appeal by Toelupe implied the victory 242 the contemporary pacific • spring 2000 of Samoa’s legal system and its consti- court hearing, Le‘afa and his support- tution against alleged ancient tradi- ers, along with the Malie village tions. Like Toelupe, the current council (which was another party in holder of the Si‘a title will contest the hearing), supported Malietoa’s Malietoa’s right to confer the Si‘a title directive. This time Le‘afa and his in the Land and Titles court. Under- supporters were defying the directive. standably, Si‘a will argue along the For their unbecoming behavior Le‘afa lines already established in the and his supporters (who are some of Toelupe hearing. The hearing has the highest-ranking matai of Malie) been scheduled for 1 September 1999 were on 2 December 1998 banned (SO, 5 May 1999). from participating in village affairs. At the time of the Toelupe title Not long after the decision to oust hearing, and the illegal conferral of Le‘afa and his supporters from village that title on four holders in 1997, affairs, Malie’s village council seated Toelupe and his family had stopped themselves in front of Toelupe’s resi- participating in Malie village affairs. dence asking forgiveness and request- That action followed a village ban on ing that Toelupe return to the village. him relating to a different title court Understandably, Toelupe politely hearing in which Toelupe and another turned down their request, as the matai of Malie were involved. The hearing of his appeal against the court Land and Titles court in that hearing decision that ruled in Malietoa’s favor granted authority over the disputed was only a few months away. title to Toelupe. The village ban fol- It was generally thought that lowed Malietoa’s directive that the Toelupe had a good chance of over- conferral of the disputed title, in spite turning the court’s decision in the of the Land and Titles Court ruling in upcoming appeal hearing. One of the favor of Toelupe, be rendered valid by deputy presidents of the Land and Malie village. Malie village wanted to Titles Court had already been dis- abide by Malietoa’s directive, thereby missed on an issue directly related undermining the court’s decision and to the court decision that took away Toelupe’s rights to the disputed title. from Toelupe the right to confer the In defiance of Malietoa’s directive, a title he held. Le‘afa’s support in his son of Toelupe, who holds one of the village and in the government seems highest ranking ali‘i (chiefly) titles of to be slipping away. As well as his Malie, uttered rude words against relegation to less important cabinet Malietoa. The unbecoming behavior portfolios, Le‘afa and his supporters of Toelupe’s son became the stated are still banned from participation reason for Toelupe’s dismissal from in the affairs of Malie village. It is participating in Malie’s village affairs. doubtful also that he still has the ear The cultural reasoning behind of Malietoa. Meanwhile Toelupe and Toelupe’s dismissal was that he was Si‘a and their respective families are responsible for his son’s behavior. back in the village with the rest of the The pulling-down of Malietoa’s Malie village council. Although the house illustrated a turnaround of village council supported Le‘afa at the events in Malie village. At the Toelupe Toelupe title hearing, their allegiance political reviews • polynesia 243 had changed by the time of Toelupe’s tunity not only for the village council appeal hearing. Si‘a and his family to learn of the good things about the voluntarily stopped participating in punished group’s religious beliefs, but village affairs following the conferral for the village council to explain its of their family title on four holders by reasons for insisting on upholding Le‘afa and his supporters, allegedly its policy on new churches. If in the at Malietoa’s directive (SO, 5 May end the village council could not be 1999). swayed, it would be in the best inter- Village traditional governments est of everyone involved that the pun- continue to have an overriding influ- ished group establish themselves at ence on the lives of people under their another village (SO, 25 Oct 1998). jurisdictions. While Malie was effec- Though trying to be diplomatic about tive on both occasions in banning it, the general secretary of the Meth- Toelupe and his family, then Le‘afa odist Church, Reverend Fepa‘i Kolia, and his supporters, from participating came down in support of the village in village affairs, Salamumu village council. was not. There the village council Reverend Kolia’s comments decided that only the Methodist prompted a strong reaction from the religion would be allowed, although public, with one writer pointing out non-Methodist villagers were allowed that “The constitutional law of the to join their own faith outside the land is superior to matai law” (SO, village. When one family violated 5 Nov 1998). Fifty-six defendants the taboo by holding Bible studies appeared before the Magistrate’s and prayer meetings in their home, Court on 18 January 1999 on charges the village council ordered the burn- of assault and property damage in ing of a family home and the tying connection with the eviction of the up in ropes of five others. religious group (SO, 20 Jan 1999). Cardinal Pio Taofinu‘u, head of the The Supreme Court’s decision was Catholic Church, indicated his sup- handed down on 23 June 1999. Of port for the constitution of Samoa, the 44 men who were charged, 33 which provides for religious freedom, were found guilty. Sentencing was and said he was sad that the incident scheduled for 20 August 1999. In indicated that the country was revert- handing down his decision, Judge ing to century-old customs that were Enoka Puni said, “This case deals clearly in conflict with Christian principally and solely as to whether teachings (SO, 25 Oct 1998). Reverend any of these defendants committed Oka Fauolo, chairman of both the any of these offences” (SO, 24 Jun general conference of the Con- 1999). The 33 men were found guilty gregational Christian Church of of either arson or partially assisting Samoa and the National Council arson and assault with the intention of Churches, agreed with Taofinu‘u. of causing bodily harm. However, he went further, saying that The late Tofilau Eti Alesana will be the punished group should have dis- remembered not only for his impres- cussed the matter with the village sive record as prime minister, but for council. It would have been an oppor- the controversial issues he was 244 the contemporary pacific • spring 2000 involved with. Among those was his because it has a responsibility to defamation law suit against the Samoa protect the good name of the prime Observer, the dragged-out debate on minister (SO, 8 Jul 1998). his police card, and the passport scan- The issue of Prime Minister Tofilau dal. Tofilau’s s$400,000 defamation Eti Alesana’s police card made the lawsuit against the Samoa Observer headlines back in 1997 during a followed a story that appeared in the debate in Parliament when the leader paper. It alleged impropriety in the of the opposition, Tupua Tamasese funding of work on a hotel Tofilau Efi, accused the prime minister of owned that was to be visited by theft. The prime minister denied the Britain’s Prince Edward (SO, 16 Jul allegation. Sometime later, the leader 1998). Sir Gordon Bisson’s decision, of the opposition tabled the prime handed down on 6 July 1998, claimed minister’s police card in Parliament that defamation had been established saying “that Tofilau had been con- and awarded the plaintiff general victed of cattle theft” back in June damages of s$50,000 (SO, 8 July 1966 (SO, 18 Aug 1998). Thereafter, 1998). Another s$75,000 was later as the report of the Commission of awarded against the newspaper for Inquiry into the whereabouts of the costs (SO, 18 Sep 1998). The second prime minister’s police card stated, defendant, and publisher of the Acting Police Commissioner Semi Observer, Savea Sano Malifa, “had Lesa, on 2 July 1997 at the request of said in the witness box that he had the prime minister, issued a statement heard the matter complained of on that “the Prime Minister had a clean the radio proceedings of Parliament.” police record” (SO, 15 Oct 1998). But there was no record of it in Police Commissioner Asi Blakelock Hansard (cited in SO, 8 Jul 1998). issued another statement stating that Some of the important issues that “I haven’t any knowledge of the exis- arose out of the prime minister’s law- tence of any records in relation to suit included the payment of his legal the issue in your letter of 21 January fees with public money (and those of 1998” (SO, 6 Sep 1998). At about the any minister of cabinet who might same time, the secretary of justice decide to sue the media for defama- issued a statement to the same effect. tion), allowing the plaintiff the right The basis of the two statements was not to take the witness box, and the that Tofilau’s police card (if there was freedom of the media. In anticipation one) could not be found in the records of the prime minister’s court costs, of the Department of Police. However, the hrpp government in its 1998–99 on 20 February 1998 Tofilau’s police budget allocated the amount of card was discovered by an officer of s$783,000 for payment (SO, 8 July the Police Department’s Criminal 1998). The Observer argued that this Records section. The sudden discov- was unfair, given it had so far paid ery of the card became the subject of s$230,000 for its own legal fees a Commission of Inquiry headed by (8 July 1998). The government argued the ombudsman. that paying the prime minister’s legal The findings of the commission fees out of public funds was necessary cleared the prime minister of any political reviews • polynesia 245 wrongdoing and blamed two senior ment’s media ban against him for the police officers for the concealment last sixteen years be lifted. As Tupua’s and release to people outside the legal counsel stated, “The relief sought Police Department of the prime minis- by the Opposition Leader was not ter’s police card. With regard to the total uncontrolled right of access to accusation leveled at Tofilau in rela- government media, but access which tion to cattle theft, the findings stated is fair, constitutionally proper and that he and eighteen other matai of appropriate to the role of the Opposi- the same village who were similarly tion” (SO, 21 Mar 1999). Prime Min- involved “were not convicted of com- ister Tuila‘epa Sa‘ilele said in court mitting theft. They were convicted of that Tupua “has no intention of using abetting theft.” As to Tofilau’s recall government-run Televise [tv] Samoa of the 1966 cattle affair, the findings and national Radio 2ap to air his stated that: “We are satisfied that the views, but wants the ban to gain Prime Minister had no interest in political points” (18 Mar 1999). concealment and there is no evidence Reports that Tofilau “repeatedly said whatsoever to suggest that he ever that the opposition leader would never tried to direct or influence the Police be given access to government media, in that direction.” until Tuiatua [Tupua] changed his A legal action by the leader of the ways and stopped ‘stirring up the opposition, Tupua Tamasese Efi, in country’” were confirmed in court relation to an alleged government by Tuila‘epa (SO, 18 Mar 1999). media ban against him drew much Tuila‘epa also confirmed in court that attention. Tupua believes there is a Tofilau had said that the opposition government media ban against him, leader had to first meet with him thus violating his constitutional right before access to government media to freedom of expression. He also might be granted (SO, 18 Mar 1999). believes that the government is using Tupua testified that this condition tv Samoa as a political tool. As he was unacceptable and he never went pointed out “tv [Samoa] is having to see Tofilau about it. If Tupua had problems because of political propa- asked Tofilau for access but was ganda” (SO, 4 Feb 1999). He cited as denied, “that’s the final proof [a ban good examples of this state of affairs existed],” Tuila‘epa said (SO, 18 Mar tv Samoa programming that has been 1999). The director of Radio 2ap and dominated by long government pre- the chief executive of tv Samoa both sentations and speeches. According to testified that there is no written record Tupua, one of the reasons for denying of any directive to them to ban Tupua, him access to tv Samoa is that “These and as far as they are concerned guys [implying the government] must “there was no ban on the opposition be really frightened to discuss issues” leader.” (SO, 4 Feb 1999). In response to government claims, A hearing in the Supreme Court which are already public knowledge, relating to Tupua’s legal action ended that Tupua when he was prime minis- on 21 March 1999, following Tupua’s ter in 1981 denied members of the request to the court that the govern- opposition media access, Tupua 246 the contemporary pacific • spring 2000 insisted that he had a better record. (ocf 1998). The current one has a “I appointed Tofilau Eti Alesana to hierarchical structure connected by chair the commission of inquiry on vertical, horizontal, and criss-crossing psa [Public Service Association] but arrows. The queen (of England) is at imagine them putting me to chair the the top, followed by the New Zealand commission investigating the passport governor general. The third level scandal?” (SO, 4 Feb 1999). To date includes the Tokelau Public Service the Supreme Court has not handed Commissioners, the New Zealand down its decision. State Services Commission (ssc), asofou so‘o the General Fono (equated with Parliament), the New Zealand–based administrator (a Ministry of Foreign Reference Affairs and Trade official), New Zea- land’s minister of Foreign Affairs and SO, Samoa Observer. Weekly. Apia. Trade, and the New Zealand Parlia- ment, all of equal standing. At the fourth level is the Council of Faipule Tokelau (equated with the cabinet or execu- tive). The three Taupulega follow, The “return to the village” theme on the fifth level. This last group is continues to affect political develop- being targeted for empowerment and ment in Tokelau, but is operating capacity building in the new “modern under a new name—“the modern house.” house of Tokelau.” The vaka (canoe) Most of the posts of the “modern metaphor of the early 1990s is now house” have been identified, but some being partnered by the new “modern are being redefined in the first draft house” ideology. The term is used by of the constitution. The “unknowns” the political leaders to promote self- may bring further changes to the determination by equating the planned “house building” process. The posts “new house” to Tokelau’s future self- identified and redefined thus far governing status. The idea is to incor- include the General Fono of elected porate all the institutions that serve village representatives. In previous Tokelau under the authority of the years, representatives were selected traditional leaders in an attempt to from the three Taupulega. The new fakafale uma ia ika i he lalofatu e elective process makes members of fokotahi (literally, to house all fish other long-standing community bodies under one stone, coral rock). The eligible for selection as village repre- emergence of the concept modern, sentatives to the General Fono. Local and its association with the “house” women’s and men’s organizations planned for Tokelau can be seen as now elect one member each. How- one way of setting off the process of ever, this new “post” needs time to decolonization. This view is based on settle and possibly some reshaping to the comparison between Tokelau’s fit the foundation, as these new mem- current “house” and the proposed bers are not selected from the locally one as portrayed in official documents recognized decision-making body.