Supreme Court upholds Speakers right to vote on Constitutional Amendment

Apia, Samoa – 09 May 2025 – The Speaker of Parliament, Papali’i Li’o Ta’eu Masipa’u has won the legal challenge by the Human Rights Protection Party that he was prohibited from casting a deliberate vote that made way for the approval of the Constitution Amendment Act (CAA) 2025.

The Chief Justice, His Honour Satiu Simativa Perese found that the Speaker was permitted to vote at the third reading of the CAA, and that with the Speaker’s vote the two-thirds majority support of the total of all the members including vacancies has been satisfied.  The result of the third reading vote was properly certified.

In his decision delivered this afternoon, Perese said “I am unable to accept the Applicants interpretation of art. 58(2), which purports to apply the prohibition against casting a deliberative vote to a constitutional amendment vote under art. 109.”

The decision refers to former Attorney General, Ms Taulapapa Brenda  Heather-Latu who submitted that “the Applicant’s argument would seriously erode a Speaker’s ability to represent his constituency, and the people of the Speaker’s constituency would not have a voice when matter was put to the vote.”

Counsel for the Applicant, Mr Harrison submitted that affected constituents could participate in the public consultations, which are held following the second reading, and their voices could  be heard in that  way.

According to the Chief Justice, “It is difficult to appreciate how Mr  Harrison ‘s approach adequately meets the aspirational promise, the cornerstone principle behind adopting a constitution in the first place – to enable Samoan people to  have complete control of Samoa through their representatives.”

The application by the Opposition Leader and HRPP for various declarations is declined.

The interim order against restraining the commencement of the Constitution Amendment Act 2025 is rescinded, with the effect that the CAA commenced on 7 April 2025.

The Chief Justice also noted that the issues in this case raise important constitutional issues, and the parties are to bear their own costs.

CLICK ATTACHMENT FOR FULL DECISION: Malielegaoi & Anor v Speaker of the Legislative Assembly of Samoa & Anor Decision1