Head of State’s Proclamation to suspend the opening of Parliament is Unlawful

FAST party lawyers Matafeo George Latu and Taulapapa Brenda Heather-Latu leaving court.

By Lagi Keresoma

APIA, SAMOA – 23 MAY 2021: The Supreme Court has declared void last night’s proclamation by the Head of State to suspend tomorrow’s opening of Parliament as unlawful.

The writ by the Head of State last night, cancelled the original proclamation made 20 May 2021 for Parliament to convene on Monday the 24 May 2021.

The Faatuatua i le Atua Samoa ua Tasi – FSAST party lawyers Taulapapa Brenda Heather-Latu and Matafeo George Latu filed  the challenge with the Supreme Court early today and was heard before His Honour the Chief Justice, Satiu Simativa Perese, Justice Vui Clarence Nelson and Justice Tafaoimalo Leilani Tuala Warren at 11.00am.

Present at the hearing was the Attorney General, Savalenoa Mareva Betham Annandale who advised the Court that she had not been properly served with the Applicant’s applications, could not be served on a Sunday and that she had not read any of the documents. The Attorney General advised the Court that she had no instructions and was not appearing on behalf of any party, then took her leave.

The Court has ordered on an interim basis that any purported revocation of the Head of State’s Proclamation dated 20 May 2021 summoning Parliament, is inconsistent with this Court’s declaration (judgment dated 17 May 2021 para 94(4)) and Article 52 of the Constitution, and is thereby unlawful and of no effect.

“The Registrar is directed to bring the Orders to the immediate attention of the Head of State and the Attorney General and to be served on the Clerk of the Legislative Assembly.”

Last Friday, another motion by the Attorney General to delay the official opening of Samoa’s XVIIth Parliament was rejected by His Honour the Chief Justice, Satiu Simativa Perese.

In a Minute of the Court, His Honour also reminded the Attorney General that their application to stay has been rejected by the Court of Appeal in its decision delivered at 12pm last Friday.

“On a general footing, it appears that the questions that the Attorney General wishes to raise at this late stage of the lead up to the convening of the Legislative Assembly were adequately covered in the application for stay. The Court has ruled against the Attorney General’s application for stay of execution, and it has not invited any further submissions”, sates the Chief Justice.

Today’s decision means the opening of parliament goes ahead tomorrow. However, the caretaker Prime Minister made a special announcement on TVOne this afternoon rejecting the orders as unlawful and the hearing on Sunday a violation of the current State of Emergency orders.

Although Parliament was dissolved in early March, the former Speaker, Toleafoa Faafisi also issued a public notice this evening saying that the swearing in of parliament tomorrow has been postponed.

Talamua has been told the ceremony still proceeds tomorrow but the conflicting message now being sent out has created further public confusion.