Challenge on Validity of Speakers vote on Constitutional Amendment set for April

By Lagi Keresoma/

Apia, Samoa – 27 March 2025 – The validity of the Speaker’s vote in a critical constitutional amendment passed in a 36-16 vote on 26 February 2025, is now set to be heard in the Supreme Court on 30 April 2025.

The legal challenge by the HRPP Opposition Party was first mentioned in Court yesterday.

The Bill was certified on 26 February 2025 and was supposed to come into effect 7 April 2025 and will effect major changes to the country’s judicial system and court structure. But HRPP that brought the changes in a constitutional amendment in December 2020, is trying to stop it and had to amend their claim.

Meanwhile, Chief Justice Satiu Simativa Perese issued an order to stop the implementation of the Act.

Counsel for the Speaker Taulapapa Brenda Heather-Latu said the order stays the commencement of the Act which is supposed to come into effect on 7 April 2025 until further order of the Court which is after the validity of the vote is determined.

She referred to Article 109 (2) of the Constitution which applies that an Act after it is certified cannot be questioned.

109. Amendment of Constitution:(2) A certificate under the hand of the Speaker that a bill has been passed under the provisions of clause (1) shall be conclusive and shall not be questioned in any Court.

The hearing for the validity of the Speaker’s vote is scheduled for 30 April 2025.

Root of the claim
On 26 February 2025, the day the Constitutional Bill was put to a vote, the Speaker informed Parliament of his constituency’s right to have a voice in any changes to the Constitution and that he had legal advice from the Attorney General of his rights to vote for his constituency in a matter concerning the Constitution.

HRPP leader Tuilaepa Sailele Malielegaoi opposed the Speakers decision citing that the only time the Speaker can cast a vote is when there is a tie.

The Constitutional amendment was eventually passed by a two thirds majority with a 36-16 vote including one HRPP member Maulolo Tavita Amosa Tavita voting in support of the amendment.

Prior to the vote Tuilaepa issued a warning to the Speaker of a possible legal challenge.

Taulapapa said yesterday’s proceeding in Court was setting a timetable.

“There were no other substantive issues since the Bill was certified on 26 February 2025 and HRPP tried to stop that but it was long done which is why they are amending their claim,” said Taulapapa.