Samoa’s Chief Justice Satiu Simativa Perese presided at a hearing today of a petition by the Faatuatua i le Atua Ua Tasi (FAST) Party questioning the powers of the Head of State to set aside the results of the April 9 general elections and call a fresh election.
Former Attorney General Brenda Heather Latu and her husband attorney, George Latu are representing FAST, plus a handful of other applicants including leader Fiame Naomi Mataafa as well as FAST supporters who say they are inconvenienced by the costs of going to the polls a second time, and that their exercise of voting in the April 9 elections has been nullified by the Head of State’s move.
The Attorney General’s Office, represented by attorney Fuimaono Sefo Ainuu informed the court they intended to bring in an off island attorney and needed time to schedule the overseas lawyer or Queen’s counsel.
The Chief Justice said this case was a matter of urgency and scheduled a hearing for next Thursday.
The main focus of this case is whether the Head of State has the constitutional power to revoke the election results and call new elections, now scheduled for May 21st.
Earlier in the day, the Supreme Court threw out a motion by the Attorney General’s Office to dismiss a challenge by FAST over the legality of the appointment of a 6th female member of Parliament.
FAST claims the decision by the Office of the Election Commission to give this seat to Human Rights Protection Party member Aliimalemanu Alofa Tuuau is unconstitutional and unlawful.
It wants the court to rule on whether the OEC had properly interpreted the law which states that if less than 10% of winners of a parliamentary election are women, then the woman candidate with the highest percentage of votes must be given a seat.
Attorney General Savalenoa Mareva Betham-Annandale continued to argue that the FAST challenge should be put aside because the issue being questioned, has been made redundant by the Head of State’s move to call new elections.
But the attorney for Aliimalemanu, former AG Aumua Ming Leung Wai, asked that the court hear the issue of whether the OEC was right in its interpretation of the women’s seat law. He said this question is likely to come up again in the next election and pointed out the law has never been subject to judicial review and now was the time for the court to rule on the number of women who should be in Parliament. “Let’s deal with it now so we as a country can move forward,” pleaded Aumua.
Justices Vui Clarence Nelson and Mata Tuatagaloa commended “the wise instructions” from Aumua’s client.
FAST attorney Precious Chang said that the issue her client was challenging was still “alive” and warrants a declaratory judgement by the court at this juncture, irrespective of the Head of State’s call for new elections.
Justice Lesatele Rapi Vaai delivered the court’s ruling after a 15 minute recess:
1. Attorney General’s motion for a stay and/or dismiss the application concerning the interpretation of Article 44 1(a) of the constitution is dismissed;
2. no order as to court costs,
3. the court’s ruling on the interpretation of Article 44 1(a) is reserved and will be delivered on the 15th of May at 12 noon.
Outside on the parliamentary grounds adjacent to the court buildings, a group from Samoa Solidarity International Group and FAST supporters, had gathered in the morning before the proceedings started.
Police were called in when the group started to get loud using bullhorns and shouting we don’t need new elections, and for the prime minister to get out of office.
Police Commissioner Fuiavailili Egon Keil who was at the scene told reporters the protestors were well within their rights. “Everyone has a right to protest, vent their frustrations and share an opinion, ” he said.
The group remained until after the morning hearing ended. Upon hearing the decision to throw out the AG’s motion the crowd erupted in applause and sang “Ua Faafetai, ua Faafetai”.
Video of protestorsIMG_9272
