Breach of Constitutional Rights Central to Former Prime Minister’s Legal Challenge

By Lagi Keresoma

APIA, SAMOA – 24 JUNE 2022: The Opposition Leader and former Prime Minister, Tuilaepa Sailele Malielegaoi is claiming a breach of his constitutional rights as basis of his legal challenge against Parliament Speaker, Papalii Li’o Ta’eu Masipa’u.

Tuilaepa’s co-applicant is HRPP Secretary Lealailepule Rimoni Aiafi.

The two MPs have been suspended indefinitely after Parliament approved the report of the Privileges & Ethics Committee that found them in contempt of Parliament. They had earlier been found guilty of contempt of court.

The applicants’ lawyer, Aumua Ming Leung Wai, argued his clients’ constitutional rights have been breached by the Speaker’s decision last month to suspend them indefinitely from Parliament.

He argued that his clients are representatives of their respective districts who will have no say in the budget currently debated in Parliament hence their application to have their legal challenge dealt with urgently.

Counsel for the Speaker, Taulapapa Brenda Heather Latu opposed the application on the basis that the Parliament decision cannot be reviewed or revisited.

She also pointed out that the legal documents presented to her client should have been addressed to the “Speaker of the Legislative Assembly” and not just Papalii Li’o.

She stated that such a challenge needs time to prepare evidence.

Aumua argued that whilst the Court and Parliament are independent arms of the Government, the Court however has the jurisdiction to reach out when a person’s constitutional rights are involved.

Chief Justice Satiu Simativa Perese, after dealing with some legal issues said the Court has already set its timetable and gave Taulapapa 6 July 2022 to prepare a response to the challenge.

The Applicant will then have 13 July to respond and submissions to be filed before hearing of the matter on 8 August 2022.

The Parliament Privileges and Ethic Committee comprised four government and four Opposition MPs and chaired by the Minister of Health.

All Committee members signed the report, however two Opposition members sought to remove their signatures an hour before the report was debated in Parliament that accepted the report recommendation to suspend the two MPs indefinitely for contempt.