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Speaker vs Sagaga 1 MP now before Judiciary Settlement Conference

Published

2 weeks ago

June 12, 2024

By Lagi Keresoma/

Apia, SAMOA – 12 June 2024 – The case between Parliament Speaker, Papali’i Li’o Ta’eu Masipa’u and Sagaga 1 Member of Parliament, Loau Keneti Sio is now before the Judiciary Settlement Conference (JSC).

The matter was heard before the JSC last Friday and did not reach a settlement and will be recalled in two weeks-time.

The case is based on the Speaker’s application for a declaratory order against Loau after breaching provision 46 (2) of the Tenure of Office of Members in the Constitution and Section 24 (1) of the Parliament’s Standing Order – Members to Attend Service of the Assembly.

Section 46(2) of the Constitution states that the seat of a Member of Parliament shall become vacant upon:

His/her death
If the member resigns
If the Member ceases to be a citizen of Samoa or
If the member is disqualified.

In Loau’s case, the Speaker said that he was absent from Parliament in three consecutive sessions without giving proper notice to the Speaker.

Subject to the Standing Order 24, leave of absence for any MP may be granted by the Speaker.

(1) No member shall be absent from the Assembly for 3 consecutive sitting days without obtaining leave of absence from the Speaker.

Because of his absence without notice, the Speaker charged Loau during the October 2023 sitting and passed the matter to Parliament’s Privileges & Ethics Committee to be investigated.

It was also during the October sitting that Loau apologised to the Speaker but denied the allegations against him.

He believed he did follow the correct procedure and he did not breach any provisions in the Constitution or the Standing Orders.

The Speaker then filed for a court declaratory order against Loau and the matter was heard for the first time last week. The Court is recalling the matter in two weeks’ time for the parties to reach a settlement.