Chief Justice eager to deal with remaining election matters promptly

By Lagi Keresoma

APIA, SAMOA – 09 MARCH 2022: The Chief Justice Satiu Simativa Perese is eager to deal with the remaining matters that stemmed from the last year’s general election as soon as possible.

There are two remaining matters relating to the women MPs in Parliament.

One is the application by former Member, Ali’imalemanu Alofa Tu’uau and Faagasealii Sapoa Feagiai against Parliament Speaker Papali’i Li’o Masipa’u for not swearing them in as MPs.

The second matter is unsuccessful candidate Toomata Norah Leota questioning Article 44 of the Constitution regarding the calculation of 10% women representation in Parliament.

The Chief Justice informed all 6 parties involved of the need to deal with the matter promptly.

The parties include Parliament Speaker, Papalii Li’o Ta’eu Masipa’u, Aliimalemanu Alofa Tu’uau, To’omata Nora Leota, the Electoral Commission Office, Faagasealii Sapoa Feagiai, the Human Rights Protection Party (HRPP), and the Faatuatua ile Atua Samoa ua Tasi-FAST party.

Aliimalemanu and Faagasealii were HRPP candidates and were declared by writ as MP’s through the activation of Article 44 for the 10% of women in Parliament.

Despite the writ, the Speaker did not swear-in the two women until all matters relating to the election have been dealt and cleared by the Court.

The Speaker’s lawyer Leilani Tamati said Papali’i wanted to be certain before any action is taken.

She said their application was based on the election petition that was filed and dealt with but there are other grounds that need to be specifically clarified such as the issue raised in To’omata’s application.

“The Speaker said he cannot swear them in until he is certain and that’s the law, to make sure that all is certain and right now we don’t know if the ladies are qualified, “said Leilani.

She also pointed out that it would be embarrassing if you are not certain, yet swear in the ladies and the Court decide differently.

To’omata’s application is questioning the interpretation of Article 44 of the Constitution and she has four different ways of interpreting the provision and the Court must decide which is the correct one.

The Court will deal with Toomata’s matter first and have asked counsel for Aliimalemanu and Papalii to file their submissions by 3.00pm today (Wednesday 09 March) before the matter is heard on tomorrow – Thursday.

Papalii is represented by Leilani Tamati and Aumua Ming Leung Wai is representing HRPP, Aliimalemanu and Faagaseali’i.

The FAST Party is represented by Muriel Lui, Toomata Nora by Taulapapa Brenda Latū and Fuimaono Sefo Ainuu for the Electoral Office.