“Discriminatory” Electoral Act Challenged in Court

APIA, SAMOA -14 JULY 2020: Sections of the Electoral Act that exempts sitting members of parliament from provisions of services to the village – monotaga are being challenged in the Supreme Court as discriminatory.

Lawyer Tuala Iosefo Ponifasio has filed two petitions in the Supreme Court challenging that Section 156 of the Electoral Act exempts sitting Members of Parliament from the monotaga provisions in the newly divided and formed electoral constituencies only and not the intending candidates to contest the general elections.

“That is the discriminatory part,” said Tuala and argues that this infringes Article 15 of the Constitution.

The second petition is against Section 15 of the Act which gives power or authority to the Electoral Commissioner to decide who is eligible to run and who is not.

“Section 15 does not conform with article 47 of the Constitution,” said Tuala.

The challenge  

Tuala believes that under this new Act, intending candidates to compete in the newly divided and formed constituencies are not eligible as candidates, because they cannot satisfy the 3 year period requirement in the Act to perform a monotaga.

“The Electoral Act was passed last year which contradicts the 3 years requirement in the Act,” said Tuala.

He also highlighted Section 156 of the Act which allows only current MP’s to compete without satisfying the monotaga provisions.

He is seeking a Court declaration to void these sections of the Electoral Act as they contradict the Constitution of Samoa.

“I have also filed a challenge to declare the powers to the Electoral Commissioner void on the basis that he does not decide who is eligible to stand and who is not, therefore, the power given to him are unconstitutional because the Constitution provides that it is the Court that interprets the law and decide who is qualified or not,” said Tuala.

Tuala intends to compete in the newly formed Gagaemauga No.1. constituency whose current MP is the Associate Minister of Agriculture, Fa’aso’otauloa Pati. Under the Act and three year monotaga provision, Tuala is not eligible.

The matter will be recalled next week for the Attorney General to file a response.