Court Grants Appeal & Cross Appeal in Women MPs Legal Challenge

By Lagi Keresoma

APIA. SAMOA – 17 AUGUST 2022: The Electoral Court has granted an appeal by the Human Rights Protection Party woman MP, Aliimalemanu Alofa Tuuau against the appointment of the Faatuatua ile Atua Samoa ua Tasi party MP To’omata Norah Leota.

Aliimalemanu’s appeal is limited to the Courts decision where To’omata was appointed as an MP.

The Court has also granted the legal challenge by Toomata of the 10% quota formula to appoint women MPs if there are less than five elected after a general election.

Toomata’s counsel Taulapapa Brenda Heather Latu said they had to ask for leave from the Court which dealt with the matter in the first place because of the public interest.

The appeal and cross appeal has been accepted and it is now just a matter of when it will be heard.

Taulapapa said it might be November when the Court of Appeal sits.

Because there are still Court costs pending for both parties, Chief Justice Satiu Simativa Perese ordered a security cost of $200 to be paid by both parties to the Court.

Both counsels, Luaipou Anne Matalasi for the appeal and Taulapapa for the cross appeal asked the Court to put aside security costs, but was denied and for them to pay $200 each for security.

Origin of the appeal and cross appeal
In May 2022, the Court ruled in favour of Aliimalemanu and another woman MP Faagasealii Sapoa Feagiai and ordered the Speaker to swear them in as MPs.

The court decision noted Aliimalemanu and Faagasealii to be sworn in as additional members pursuant to Article 44 (10), 44 1a (b) and 44 1b of the Constitution, which is the 10% formula.

In the case of To’omata Norah Leota, she was appointed an additional MP under Article 44 1a (b) and 44 1e of the Constitution. She was appointed to replace a woman who was duly elected in the general election but resigned when she faced a legal challenge for election malpractises.

The three women were sworn in and took the number of women MPs to 7 and the total number of Parliamentarians to 54.

However, Aliimalemanu challenged the court’s decision especially the interpretation of the provisions which Toomata was appointed, hence the new appeal and cross appeal.

Aliimalemanu lost her seat to the current Minister of Education, Seuula Ioane and Toomata was unsuccessful against the HRPP Deputy Leader, Lauofo Pierre Lauofo while Faagasealii lost in the by-election against current FAST MP Faleomavaega Titi Tafua.