Speakers Appeal Dismissed

By Lagi Keresoma/

Apia, Samoa – 05 February 2024: The Court of Appeal has dismissed the appeal by the Parliament Speaker, Papali’i Li’o Ta’eu Masipa’u against the reinstatement of HRPP leader Tuilaepa Sailele Malielegaoi and Lealailepule Rimoni Aiafi.

The appeal was heard on 23 November 2023 and the decision by Hon. Justice Blanchard, Justice Young and Justice Nelson was delivered today, 5 February 2024.

Background to the appeal
Tuilaepa and Lealailepule were found guilty of contempt of Parliament by the Court and the Speaker passed the matter on to the Parliamentary Privileges and Ethics Committee for a decision.

The Committee ruled to suspend them “indefinitely until such time” but Tuilaepa and Lealailepule took legal action against the decision.

The court ruled in their favour and referred the matter back to Parliament to set a time frame for the suspension and Parliament voted to suspend the MPs for 2 years.

Tuilaepa and Lealailepule again took legal action against the parliament decision and the court ruled for the MPs to be reinstated with their salaries and entitlements to be paid.

It is that court decision that the Speaker appealed and has been dismissed by the Court of Appeal as per today’s decision.

Decision

• The Speakers appeal is dismissed
• The cross-appeal of the first and second respondent is allowed and is declared that the decision of the Assembly on 18^thOctober 2022 to suspend them from the Assembly had no basis in law and was accordingly void.
• The first and second respondents are entitled to be paid their Parliamentary salaries and allowances relating to the period or periods of their suspension and it is ordered that it paid forthwith
• The Speaker must pay costs to the first and second respondents of $5000 and in the Supreme Court of $10,000 together, in both cases with disbursement to be fixed by the Registrar if not agreed.

Click for the Decision: CA09-23_ CA10-23 Speaker of the LA v Hon Tuilaepa & Ors (Final Judgment)