The Samoa Supreme Court hearing on the legal challenge by Faatuatua i le Atua Samoa ua Tasi (FAST) Party over the appointment of a 6th woman MP , lasted less than 20 minutes.
FAST contends the action by the Office of Electoral Commission in appointing Alataua Sisifo MP Aliimalemanu Motu Momoemausu Alofa Tuuau to make up the 10% threshold for female MPs is unconstitutional and/or unlawful.
The OEC, along with the Office of the Attorney General and Aliimalemanu are named as defendants in the case.
Acting Chief Justice Mata Tuatagaloa, flanked by Justices Vui Clarence Nelson and Lesatele Rapi Vaai found the FAST filing wanting.
FAST attorneys Mauga Precious Chang & Muriel Lui
They said FAST did not present grounds to support its claim that Aliimalemanu’s appointment was unconstitutional and/or unlawful.
The court also questioned the propriety of naming the Attorney General as a defendant in connection with an action by the Office of the Electoral Commission.
Justice Vui said OEC to his recollection is an independent entity with its own statute.
FAST attorney Mauga Precious Chang said if this was an issue to the court, they can always remove the AG and just deal with the OEC. Justice Vui told her it was a matter of law, and citing the proper parties.
Justice Lesatele inquired if the plaintiffs had the right name of the third respondent, as certified by the Electoral Commissioner as the winner of the 6th women’s seat, or another name. She was identified as Alofa Tuuau in the FAST filing.
Police checked if reporters had recording equipment
Mauga agreed that they did not give the MP’s name as identified in the election writ but will correct it.
The three defendants responded with a strike out motion … a motion to dismiss which the FAST attorney said was a delay tactic.
Justice Vui noted, “we all want this matter to be dealt with urgently,” and asked the lawyer for the Attorney General Fuimaono Sefo Ainu’u if it was necessary to go through the ritual of strike out.
Fuimaono said the FAST challenge did not cite reasons for their claim.
Justice Vui suggested that FAST be allowed to file an amended motion to address the issues raised.
The verbal order of the court was for FAST to file an amended complaint stating the basis of its claim that the appointment of Aliimalemanu was unconstitutional and/ or unlawful. This must be filed by 3 p, tomorrow.
FAST must also cocrect the name of the woman MP.
Reporters covering the FAST challenge
The hearing has been continued to next Monday.
In its second challenge heard today, FAST alleged that elected HRPP MP Peseta Vaifou Tevagaena has a criminal conviction, which made him ineligible to run. The party asked the court to void Peseta’s election.
Lawyers for FAST moved to withdraw the challenge.
They said they obtained wrong court records from the Justice Ministry.
Peseta therefore remains the duly elected member of Parliament for Faasaleleaga .
While Prime Minister Tuilaepa Sailele Malielegaoi had indicated Parliament may be convened this week, this is not likely to happen until the court issues a decision on the 6th parliamentary seat for women.
