SAMOA, September 30 - Attorney General Sua Hellene Wallwork explains the “economic emergency” that triggered the Proclamation of the current State of Emergency.

[PRESS RELEASE]- I have received a request to clarify the wording for the Proclamation of Emergency (“Proclamation”) that came into effect on 30 September 2025. The Proclamation declared that Samoa is in a State of Emergency caused by a lack of lawful authority to issue money from the Treasury Fund which has arisen due to the failure to pass an Appropriation Bill for the current financial year.

At the outset, it is important to note that the Ministry of Finance confirms there are enough public funds in the Treasury Fund to finance the delivery of public services, infrastructure and other government initiatives. The challenge that has arisen is the inability to access the Treasury Fund without an Appropriation Bill passed by Parliament for the current financial year that started 1 July 2025. Accessing the Treasury Fund without lawful authority would breach the Constitution.

An Appropriation Bill, when passed by Parliament, legally authorises Government to use the funds from the Treasury Fund (provided other requirements are also met). Parliament is expected to consider and pass an Appropriation Act when it sits again this month.

Since 1 July 2025, Government has had some limited ability to access the Treasury Fund. Article 95 of the Constitution gives authority for spending from the Treasury Fund when an Appropriation Bill has not been passed, but that authority is limited to 25% of the amounts approved for the previous financial year. Government spending from the start of the financial year has been based on this authority. However, as at 30 September 2025, most of this 25% approved amount has been spent.

Without any lawful intervention, it was expected that an economic crisis would ensue if Government has no legal authority to access the Treasury Fund after 30 September. Aside from the salaries of the public service and operational costs of infrastructure, Government also has contractual obligations it must meet. The flow on effect of not having access to the Treasury Fund would be significant and would impact our society as a whole.

As such, it was necessary for Cabinet to consider other available options for the operations of Government.

Article 105 of the Constitution empowers the Head of State to declare a State of Emergency. Declaring a State of Emergency is a significant government action that requires a formal process and proper justification. The exercise of such power must be used cautiously.

Before a State of Emergency is declared, the Head of State (after consultation with Cabinet) must be satisfied that a grave emergency exists threatening the security or economic life of Samoa. The emergency may be caused by war, external aggression, internal disturbance or natural catastrophe.

The translation of the words “grave emergency” in the Samoan version of Article 105 of the Constitution is “faalavelave tutupu faafuasei mamafatū”. The language used in the Constitution signifies the severity of the circumstances that must be considered before the activation of Article 105.

The Head of State, in consultation with Cabinet, has considered the circumstances and is satisfied that the lack of lawful authority to spend Treasury Funds is a grave emergency caused by internal disturbance (specifically, an economic emergency) giving him grounds to declare that a State of Emergency exists.

To meet the economic emergency and to ensure payment is made out of the Treasury Fund, Article 105 of the Constitution and section 30 of the Public Finance Management Act 2001 are invoked. In that way, a State of Emergency is triggered through a proclamation by the Head of State and an emergency expenditure of public monies are approved by the Honourable Minister of Finance.

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