Introduction
Allegations of vote buying during election times are common place in the Pacific region and Sāmoa is no exception. However, in Sāmoa confusion arises because these allegations are complicated by the assertion that gifts given during election campaigns are not bribery but payments that are required in customs. This has been the common defence raised in court in election bribery cases. In Sāmoa, all seats of Parliament can only be held by matai, and electorates are defined by districts and subdistricts. The potential for confusion about whether monetary payments are bribes or acceptable customary practice is magnified during elections because voters sell their votes and expect something in return from candidates. The problems of bribery lead Parliament in 1995 to amend the Electoral Act 1963 purposely to reduce the floodgate of bribery petitions. In 2005, Parliament again amended the Electoral Act 1963 intentionally to specify certain customary payments as not considered bribery.
The importance of Parliamentary control over the making of appropriate laws in relation to bribery cannot be over-emphasised. One may debate whether it is the role of Parliament to effectively control political procedures and the law, or, should Parliament put in place specific mechanisms in an attempt to control bribery at election times? It is generally understood that Parliament must do all within its power to ensure that all election laws are intact effectively and efficiently, is a fact no one would wish to debate. The paper examines the cultural and legal factors that have contributed to instances of bribery. It also discusses the Electoral Amendment Act 1995 which has been generally considered discriminatory, and the Electoral Amendment Act 2005 as failing to address the issue of bribery. The paper will also address the necessity to clarify distinctly the forms of payment that constitute bribery and the forms that do not. Moreover, discussions will also take into consideration the most recent amendments including the Constitutional Amendment Act 2013 and the Electoral Amendment.
