CJ Gives Counsels Basis for Submissions on what Authority the Head of State has

FAST & Others lawyers Taulapapa Brenda Heather and Matafeo George Latu, Fuimaono Sefo Ainuu of the AGs Office and Aumua Ming Leung Wai for HRPP.

By Lagi Keresoma

APIA, SAMOA – 07 MAY 2021:  There are two issues His Honour the Chief Justice, Satiu Simativa Perese has asked all counsels involved in the challenge by the Fa’atuatua ile Atua Samoa ua Tasi – FAST party against the Head of State’s order to void the results of the April 9 general elections and call for a new elections to base their submissions on.

Issues for submissions

• What is the source of the Head of States power to call for a new election?
• What is the source of power of the Head of State to void the first election?

Former Attorney General Aumua Ming Leung Wai who is representing the Human Rights Protection Party (HRPP) informed the Court that there was another issue that should be considered and that is the “reserve power of the Head of State”.

His Honour accepted and added it to the issues the counsels should base their submissions on.

He then adjourned the matter for hearing on 13 May 2021.

AG’s request to be represented by Queens Counsel
Counsel for the Attorney General and the Office of the Electoral Commission (OEC) Fuimaono Sefo Ainuu asked the Court to adjourn the matter to Friday 14 May so they could contact a Queens Counsel to represent them.

Another former Attorney General, Taulapapa Brenda Heather –Latu representing FAST and Others informed the Court of the urgency of the matter given the time frame already called by the Head of State for the new election on the 21 May 2021.

The Chief Justice agreed that priority should be given to the matter and set Thursday 13^th  May for hearing.

He also instructed Fuimaono to inform the Attorney General, Savalenoa Mareva Betham-Annandale of the Court’s stance on the urgency given to the matter, and to inform the Court by Tuesday 11 May if they have difficulty in securing a QC.

The applicants in the matter are FAST and others as the first applicants, Luatua Semi Epati and others as second applicants and HRPP as the third applicant.

HRPP was accepted as a joiner as they have an interest in the matter and Taulapapa said they do have a right to, just as the FAST party.