Government
Electoral Commissioner Seeks Declaratory Order for an Early Election
By Lagi Keresoma/
Apia, Samoa – 31 May 2025 – The Office of the Electoral Commissioner (OEC) has sought a Declaratory Order from the Court for an early election after Parliament is dissolved next Tuesday 3 June.
The Attorney General, Su’a Helena Lamb representing OEC presented the motion before Chief Justice Satiu Simativa Perese, Senior Supreme Court Justice Vui Clarence Nelson and Justice Niava Mata Tuatagaloa today.
The ex-parte motion – is for an urgent hearing of the motion based on the early dissolution of Parliament on 3 June 2025 and the writ of a general election intended to be published on 10 June 2025.
The application is based on the “inconsistencies between the timeframe in the Constitution of 3 months and the Electoral Act 2019 timeframe of 6 months which was to cater for a full 5 years Parliamentary term.”
The Applicant is asking for the timeframe of 3 months or 4 months and 2 weeks.
Attorney General Su’a Helena Lamb representing the Office of the Electoral Commissioner & Fuimaono Sefo Ainuu for the Human Rights Protection Party (HRPP).
Attorney General Su’a informed the Court that counsels for all political parties were served with the application should they wish to be heard on the issue and new registered political parties confirmed by the OEC’s office have already been informed.
“As a matter of significant public interest and to ensure a lawful, fair and transparent early election 2025, it is important that this matter be heard and deliberated on prior to the dissolution of Parliament at 12.00am on Tuesday 3 June 2025,” said the Applicant.
The Electoral Commissioner gave two options:
- Variation of the legal timeframe of electoral procedures under the Electoral Act 2019 to comply with the 3 months time frame under Article 64 of the constitution or
- Extend the 3 months time frame provided under Article 64 of the Constitution to 4 months and 2 weeks
Under Option 1, the Electoral Commissioner sets the polling day on 29 August 2025. And under Option 2, polling day is set for 17 October 2025.
Article 64 of the Constitution is clear that a general election is to be held within 3 months after the dissolution of Parliament.
The Head of State announced 28 May 2025 that the Legislative Assembly of Samoa will be dissolved on 3 June 2025 following the defeat of the national budget last Tuesday.
Counsels Afa Lesa representing the Samoa Uniting Party & Papalii Malietau Malietoa President of Samoa National Democratic Party.
Not all political parties were legally represented in court this morning and the matter has been adjourned to Wednesday for hearing and submissions.
The parties represented today include two newly established political parties.
- Samoa Uniting Party (SUP) under the leader of Fiame Naomi Mataafa,
- Samoa Tulai Party (STP) led by Tuala Tevaga Iosefo Ponifasio,
- Human Rights Protection Party (HRPP) led by Tuilaepa Sailele Malielegaoi,
- Samoa National Democratic Party (SNDP) under President Papalii Malietau Malietoa,
- Faatuatua i le Atua Samoa ua Tasi (FAST) Party led by Laaulialemalietoa Leuatea Polataivao Schmidt and
- Constitution Democracy Republic Party (CDRP) led by Maiava Seimalu Robert Patrick Oswald.
