Supreme Court Rules Against Appointment of 6th Woman Parliamentarian

FAST Deputy Leader, La’aulialemalietoa Polat’iavao Fosi leading the way out of court.

By Lagi Keresoma

APIA, SAMOA – 17 MAY 2021: The panel of three Judges that presided over the Faatuatua I le Atua Samoa ua Tasi – FAST party challenge against the appointment of the 6th woman Parliamentarian under Article 44(1a) of the Constitution, unanimously declared the appointment and the seat void.

The decision was delivered by Justice Lesatele Rapi Vaai at midday today.

Justice Lesatele said under Article 44(1a), the appointment of the 6^th woman if required to make up the 10% of women in Parliament is made by the Electoral Commissioner.

That appointment is made after the final count of the general election result before it is reported to the Head of State.

CLICK FOR THE FULL DECISION COURT DECISION FAST Party & Anor v Electoral Commissioner & Anor (Decision)

However, on the 20 April 2021, the Head of State signed a warrant of election appointing former Human Rights Protection Party MP, Ali’imalemanu Alofa Tu’u’au as a Member of Parliament.

That appointment was challenged by the FAST Party and the decision delivered today in FAST’s favour.

The court also ordered the first respondent, the Office of the Electoral Commission (OEC) to pay costs of $6,000 talā for both applicants and $3,000 talā for the second respondent, Ali’imalemanu within 14 days of the decision.

The presiding judges were Justice Niava Mata Tuatagaloa, Justice Lesatele Rapi Vaai and Justice Vui Clarence Nelson.

The appointment of Ali’imalemanu caused a deadlock with a both HRPP and FAST with 26 seats each.

FAST will again be in Court later today to hear the decision on another challenge against the Head of States proclamation on the 4 May 2021, declaring void the results of the 9 April 2021 general election and called for a new fresh election.

Today’s decision means FAST has the majority 26 to 25 seats to form a government.

FAST party leader Fiamē Naomi Mata’afa said last night that if FAST wins the court cases, then she will ask the Clerk of Parliament and invite the Head of State to immediately call Parliament so to swear in the parliamentarians and confirm FAST has the majority of elected Members of Parliament to form a government.

Meanwhile, the HRPP caretaker government is pushing for new elections this Friday21 May.

By 1030 this morning, police had to block the main entrance to the court compound as the FAST supporters wearing red congregated to hear the decision.

Due to space, only a small group were allowed inside the court room to hear the decision but most of the supporters waited outside. The supporters however simultaneously burst into a hymn – E Lelei le Alii – when told of the decision.

The FAST Deputy Leader, Laaulialemalietoa Polata’ivao Fosi then said a prayer and later thanked and urged the supporters to remain calm and in order.

There was also a small group of about 50 protesters that were against the holding of new elections.