Court

Attorney General Challenges FAST Swearing in as Unconstitutional

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The Speaker, Papalii Lio Taeu Masipau swearing in Cabinet Ministers Matamua Vasati Pulufaga, Toelupe Pou Onesemo, Leota Laki and Seu’ula Ioane.

By Lagi Keresoma

APIA, SAMOA-25 MAY 2021: The Attorney General, Savalenoa Mareva Betham-Annandale today filed a motion for the court to declare that Mondays swearing in of the Faatuatua ile Atua Samoa ua Tasi – FAST party Members of Parliament was unconstitutional.

The Attorney General is seeking a declaration that the “purported opening of Parliament and purported swearing-in ceremony are unconstitutional and unlawful.”

She is also seeking an interim declaration against the whole ceremony.

The motion was filed today (Tuesday) and the Supreme Court will hear the first mention of the motion on Wednesday before a panel of 3 judges with the substantive hearing scheduled for early June 2021.

Yesterday, FAST used the principles of necessity to conduct the swearing in of the Speaker, Deputy Speaker, Prime Minister and all the elected members as the ceremony was blocked by the Head of State and the relevant officials. But the ceremony had to be done in accordance with the Constitution that Parliament must convene within 45 days after the general election.

The 45 days ended yesterday hence the need for the swearing-in ceremony.

Last night, the Caretaker Prime Minister Tuilaepa Sailele Malielegaoi called the ceremony “treasonous and unconstitutional,” and maintained that there is only one government and that is the custodian one he is leading.

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