FAST Leader Accepts the Court Decision

APIA, SAMOA – 29 JUNE 2021:  The Faatuatua I le Atua Samoa ua Tasi – FAST party leader, Fiamē Naomi Mata’afa has embraced the Supreme Court decision delivered yesterday.

Fiamē told the media that she viewed the decision as another chance given by the Court to follow the legal process of what should have been done in the normal process after any general election.

“We see this as an opportunity for relevant Government entities responsible for the convening of Parliament to carry out their constitutional and legal functions,” said Fiamē.

These entities referred in the court decision as “relevant actors” include the Head of State, Clerk of the Legislative Assembly and the Attorney General, to follow the Courts orders and prepare the convening of Parliament next week.

“It is also a way to correct the legal process of things upset by the many hurdles and obstructions since the general elections on 9 April 2021,” she said.

Swearing in as Unlawful
The Supreme Court’s decision yesterday declared the convening of parliament and the swearing in ceremony carried out by FAST under a tent outside parliament on 24 May 2021 as unlawful, unconstitutional and therefore void and of no effect.

But the Court said it was “reasonably clear that the Executive arm of Government has deliberately and unlawfully prolonged the calling of Parliament for plainly political reasons. In so doing it has ignored various rulings of the Supreme Court and Court of Appeal of the country leading to a constitutional breach which can only be repaired once Parliament meets.”

Fiame and FAST MPs outside a locked Parliament on 24May 2021

The decision also said that any attempt to undermine or subvert this process to convene parliament, is tantamount to a contempt for which appropriate action will lie.

The Court ordered for Parliament to meet within seven days; and failing which, the Court will revisit the swearing in ceremony of 24 May that was carried out under the principles of necessity as it was the last day for elected MPs to be sworn after the general election.

According to Fiamē, the decision now reverts the whole process back to the beginning.

“I pray to use this opportunity to return Samoa to its normal process after election as it should be. The people have spoken and the party with the majority number should be allowed to lead the country,” she said.

Head of State to convene Parliament
It is now up to the Head of State to convene Parliament and swear-in a new Speaker who in turn will swear-in all MPs and a new government.

“The Constitution speaks of the Head of States duties and responsibilities; notwithstanding a caretaker government’s advice,” Fiame said.

The current process is after the general elections, the party leaders submit to the Clerk of the Legislative Assembly the list of their MPs and the party with the majority will inform the Clerk of their appointed Speaker and Deputy Speaker.

Fiamē confirmed writing to the Head of State following last Friday’s court decision which in her view, is clear on the convening of parliament. Ahead of yesterdays’ decision, she said that whichever way the Court rules, parliament still had to convene.

Budget
The Caretaker Government had already laid out the budget as the Ministry of Finance’s statutory function.

Fiamē said one of the pressing needs is to ensure the government functions and make its statutory payments now it’s the end of the financial year and parliament has yet to meet to pass the annual budget.

“But the budget needs parliament to endorse and pass it and why parliament needs to meet,” said Fiamē.

If for some reason parliament still cannot meet within the seven days as the court ruled, Fiamē pointed back to the court decision to revisit the swearing-in under the doctrine of necessity conducted on 24 May 2021.