Parliament to remedy legal defect in future privileges complaints

By Lance Polu/

Apia, Samoa – 7 February 2024: The Speaker of Parliament, Papali’i Li’o Ta’eu Masipa’u is moving to remedy a deficiency in the Legislative Assembly Powers and Privileges Ordinance 1960 following a determination by the Court of Appeal decision this week.

Papali’i said that the Court decision pointed to the deficiency that successive governments since independence, dealt with privileges complaints using Parliaments Standing Orders, rather than by an Act such as a specific provision of the Legislative Assembly Powers and Privileges Ordinance 1960.

He added that the Court of Appeal has also indicated that the Legislative Assembly has power to act in the face of immediate disruption.

The Speaker said that the legal defect can be quickly remedied by amending the 1960 Ordinance.

This means the disciplinary process and powers exercised by Samoa’s parliament in dealing with future privileges complaints, will specifically be conferred by an Act of Parliament as determined by the Court of Appeals decision.

On Monday this week, the Court of Appeal dismissed the Speakers appeal against the court decision to reinstate two HRPP Leaders following a Parliament decision in 2022 to suspend the pair for 2 years after the Privileges Committee investigation found them in contempt of parliament. The Privileges Committee acted on the provisions of the Standing Orders.

The Speaker pointed out that successive governments since independence in 1962, have records of cases of contempt of parliament such as the one where a Samoan language newspaper was suspended from publishing for 3 months in 1986. There are also cases where Parliament voted to suspend Members of Parliament for contempt in 1990, 2004 and 2020 using the powers of the Standing Orders.

According to the Speaker, a clear and positive pathway has emerged out of these cases and the decision of the Court of Appeal.

“I believe something good has come out of this whole case and why I decided to pursue the matter up to the Court of Appeal,” the Speaker told Talamua.

“And for the benefit of Parliament, I intend to address this issue as a matter of urgency.”

“I welcome the guidance offered in both the Courts decisions in this matter and consider that yet another important legal issue has been determined which ultimately will assist in the smooth conduct of Parliamentary matters in this country, now and for the future,” said Papali’i.