Court to hear application to review Falealupo decision before Fridays by-elections

By Lagi Keresoma

APIA, SAMOA – 24 NOVEMBER 2021: The Supreme Court will hear the application by disqualified Falealupo candidate, Tuitogamanaia Dr. Peniamina Leavai to review the Courts decision before this Friday’s by-elections.

The Supreme Court ruled on Monday this week that Tuitogamanaia had not rendered church monotaga to the EFKS church at Vaotupua in Falealupo for three consecutive years before lodgement date pursuant to section 8(1)(d) and section (5) of the Electoral Act 2019.

His candidacy for Fridays by-election was thus declared void.

On Tuesday this week, Tuitogamanaia filed an application for a judiciary review and due to the urgency of the matter, the Court granted to hear the matter tomorrow (Thursday) morning.

The Chief Executive Officer of the Ministry of Justice and Courts Administration, Moliei Vaai confirmed the application and that the file was already before His Honour the Chief Justice, Satiu Simativa Perese.

A judiciary review is basically to look at the process with which the decision was made and Section 47 (5) of the Electoral Act states that “an order made under subsection (1) is final and is not subject to any review or appeal.”

The Court also received another application today from the Human Rights Protection Party.

Moliei could not disclose the details of the new application but said the matter will be called next Monday 29 November.