Court Accepts Interveners in HRPP case against appointment of DDC Chairs

By Lagi Keresoma/

Apia, SAMOA – 18 June 2026 – Supreme Court Justice Leiataualesa Daryl Clarke has allowed members of the Samoa United Party and Independent Members of Parliament as interveners in the Human Rights Protection Party challenge against the Governments decision in appointing the District Councils – Fono Faavae chairpersons.

The HRPP claims the decision by the FAST Government to appoint only FAST members as Chairpersons of the District Councils – Fono Faavae is “discriminatory.”

HRPP counsel Dr. Rodney Harrison KC who spoke via video link raised concerns about the decision in the appointments.

Under the Constitution Amendment Act: Section 3, HRPP amended their original statement of claim to include other members; then suggested that representatives of the Samoa United Party (SUP) and 3 Independent Members of Parliament to be served if they wish to be ex-parte interveners in the hearing.

Dr. Harrison said that if anyone wants to be an ex-parte intervenor, they can come onboard if they are served and be part of the proceedings.

Dr. Harrison also wanted to know what decision has been made and the reasons behind the decision.

Counsel for the Attorney General’s Office and Government, Ben Keith said the served list makes perfect sense as they could assist the court but suggested he and Dr. Harrison should confer on formal words and terms used.

He neither supported nor opposed the suggestions but said he did not have instructions on it but said there should be some windows for them to decide if they want to be part of the proceedings.

Court Orders
Justice Leiataualesa Daryl Carke made orders for both parties regarding the case timetable.

• The Applicant (HRPP) to file amendment of State of Claim by Friday 19
• Applicant to file further applications by 26 June
• Respondent (AG) to file statement of defense by 23 June
• Respondent to file and serve a reply by 26 June
• Applicant to file submission and casebook by 3 July and also the 3^rd amendment claim to be filed by 3 July
• Respondent to file submission and casebook by 8 July and
• The matter is adjourned for re-mention on 3 July and the hearing scheduled for 13 July 2026.

Background to hearing
In March 2026, Chief Justice Perese dismissed HRPPs application 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 rules on the case and two, to refrain from the continuation of the project until the court rules.

The court looked at several points related to the application which included 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 application for an interim order was dismissed and the hearing for a judicial review is scheduled for 13 July 2026.