Supreme Court Dismisses Attorney General’s Motion to Discontinue FAST Challenge

FAST lawyers Mauga Precious Chang and Muriel Lui with Tuala Tevaga Iosefo Ponifasio, Fuimaono Sarona Ponifasio and supporters outside court after the AG’s motion was dismissed.

By Lagi Keresoma

APIA, SAMOA – 07 MAY 2021: The Supreme Court has dismissed the Attorney General’s application to discontinue the Fa’atuatua I le Atua Samoa ua Tasi (FAST) party challenge against the appointment of former Member of Parliament, Ali’imalemanu Alofa Tu’uau under Article 44(1A) of the Constitution.

The ruling was delivered by Justice Lesatele Rapi Vaai.

“The notice of motion filed by the Attorney General to stay and dismiss the application concerning the interpretation of Article 44 (1A) of the Constitution is dismissed,” said Justice Vaai.

“The Courts ruling on the interpretation of Article 44 (1A) is reserved and will be delivered on Monday 17 May 2021,” he said.

The Attorney General’s motion to discontinue proceedings was based on the Head of States order on Tuesday night that declared void the results of the general election on the 9 April 2021.

The Attorney General argued that there was no point to continue the matter because the warrant of election which appointed Ali’imalemanu had been cancelled.

FAST counsel Mauga Precious Chang argued that despite the warrant being cancelled, the issue is still valid as it will affect proceedings if there was to be another election.

Former Attorney General, Aumua Ming Leung Wai (right) whose client supported the continuation of the matter in court.

Counsel Aumua Ming Leung Wai told the court that his client, Ali’imalemanu Alofa Tu’u’au’s instructions supported Mauga’s argument and urged the Court to continue with the proceedings as there is an important question that need to be decided by the Court.

“It is very important that Article 44 (1A) is interpreted by this honourable Court as it is a new provision in our Constitution, and our country is the only country in the world that have such a provision, and has never been a subject of previous Judicial consideration,” said Aumua.

Mauga when given a chance to speak, said Aumua had summed up their case and only responded to the issues of the HOS order which will be heard later today.

While the case was being dealt inside the court room, there was a group of over a hundred protesters peacefully waiting outside the court room, and calling out encouraging slogans such as “malo le tau, malo le lotonu’u” as the FAST lawyers and supports exited the court house.