Court already decided on 10% Quota for Women MPs

By Lagi Keresoma/

Apia, Samoa – 03 December 2025: Lawyer Mauga Precious Chang representing the Fa’atuatua i le Atua Samoa ua Tasi (FAST) party said the 10% quota that determines the number of women parliamentarians has already been argued and a decision when to activate it is already cemented in court.

Mauga was responding to the Human Rights Protection Party’s (HRPP) motion to activate the 10% now.

“This is not a new argument, it was already argued and explored in the court and also the Court of Appeal and there is a decision on this matter,” said Mauga.

The motion by HRPP and Aliimalemanu Alofa  Tu’uau against the Attorney General Office and FAST was presented by HRPP lawyer Savalenoa Mareva Betham Annandale last Friday before Justice Vui Clarence Nelson.

Savalenoa was the Attorney General at the time the 10% quota was argued before the court in 2021.

Justice Nelson asked counsel who she thought should preside over the matter as all Supreme Court Judges were involved in the 10% legal argument of the matter.

He then referred the matter before Chief Justice, Satiu Simativa Perese not only to select a panel of judges to preside over the motion but also set a timetable for the matter to be heard.

Presiding over the matter yesterday was Justice Leiataualesa Daryl Clarke who informed the court that there is no provision under the constitution for two judges to preside over an electoral matter.

Mauga agreed that there is no provision but said it has been a practice for many years for the electoral court to be presided over by two judges.

Justice Leiataualesa told all counsels that the court is on a tight schedule then ordered the applicant to file their submission by Thursday this week and for the respondents to submit their responses by Friday and for the matter to be heard on Monday next week.