Court dismiss HRPP Interim Injunction to Halt the District Development Project

By Lagi Keresoma/

Apia, SAMOA – 31 March 2026: Chief Justice Satiu Simativa Perese has dismissed the application by the Human Rights Protection Party for an interim injunction to halt the implementation of the $1 million District Development Project (DDP).

HRPP has already lodged a substantive case for a judicial review on the Governments DDP operational manual criteria for Chairpersons and that matter is yet to go on trial, however, they have applied for two interim injunctions to halt the DDP operations.

One, for the Government to refrain from appointing the DDP Chairpersons until the court rule on the case;

Two, for the Government to refrain from the continuation of the project until the court rules.

The court looked at several points related to the application which includes the call for a Judicial review, the balance of convenience, and whether there was a serious question of argument to be addressed.

On the judicial review, the court considered the status of alleged biases on the Government part in selecting Chairpersons for DDP.

The Chief Justice pointed to the DDP manual as a “living document” and as the framework where guidelines and policies for the project are highlighted and that call is make by the Executive (Government).

The concern raised by HRPP is the change in criteria of selecting Chairpersons which used to be chaired by Members of Parliament when the project was introduced in 2021.

The changes to the policy have barred HRPP MPs from chairing their DDP.

The court also pointed out “the legitimate expectation of DDP which falls into the sustainability of the financial control of funds, and the support for the community including back to school activity.”

On the balance of convenience, the court said halting the project will have an impact on the accessibility to financial support expected by the community.

The Chief Justice also pointed out the separation of powers between the Judiciary and Executive and said that whilst the court does have the authority over all matters, there are some matters the court has no power to review or rule on.

CLICK TO READ COURT DECISION: HRPP v AG (Interim Orders Judgment

Injunction Dismissed
The application for interim relief is dismissed.

Chief Justice Perese said as the application for interim orders in a substantive application for a declaratory order or judicial review, costs are reserved as part of the cause.

The matter is listed before CJ for a case management conference on Thursday this week.

“The parties must be prepared to discuss a suitable timetable for discovery, amendments to the pleadings and the preparation of evidence,” he said.