The Supreme Court judges in Samoa who heard arguments and counter arguments today in the unprecedented challenge of the powers of the country’s head of state have taken the matter under advisement .
The political party, Faatuatua i le Atua Samos Ua Tasi (FAST) believes his Highness the Head of State Tuimalealiifano Vaaletoa Sualauvi II acted unlawfully when he voided the results of the April 9 general elections and set a new election for May 21st.
FAST attorney Brenda Heather Latu, assisted by NZ lawyer Benjamin Ray Keith who participated by video tele conference, said the constitution of Samoa does not give the Head of state the authority to revoke the election results and tell the country to go back to the polls.
She said an emergency does not exist, that “the constitution provides the process to form a new government : Parliament is convened and the people’s elected representatives get on with their job. It’s their responsibility to form a new government and if they ultimately fail to do so and a new election is needed, they answer to the voters. “
She said the head of state has the power to dissolve parliament when elected members are not able to form a government but that is a last resort, not a first.
“What we are asking the court to do is simply to reject the revocation of the election results and instead uphold the voting of April 9 and start the clear constitutional and parliamentary process,” pleaded the FAST attorney.
Counsels for the Attorney General’s Office and the Office of the Election Commission, (OEC) who are defendants along with Human Rights Protection party in the case, countered that the head of state had the authority to take the route he did.
NZ attorneys Michael Heron and Dr. Paul Rishworth, representing the AG’s Office and OEC said the head of state had constitutional authority.
They cited that the head of state was not just an observer but an interested participant in the affairs of the country.
Having observed there was a deadlock after the general elections with no clear winner, he acted as a father and brother of the country in setting aside the election results and calling fresh elections. The HRPP and FAST have 26 election winners each.
But FAST is also challenging a decision by OEC to appoint HRPP member Aliimalemanu Alofa Tuuau to take up the seat reserved for women. The Supreme Court is set to issues ruling on that case 12 pm next Monday.
The attorney for HRPP Aumua Ming Leung Wai argued that there are decisions by the head of state which are not subject to judicial review and his order setting aside the election results and calling fresh elections is one of them.
He also put forth that although Samoa become independent it never abrogated from the Queens law and under the Westminster system the head of state has prerogative powers for unprecedented events such as that which Samoa finds itself in, after the April 9:elections.
The case took the whole day and was heard by Chief Justice Satiu Simativa Perese with Justices Vui Clarence Nelson and Tafaoimalo Leilani Warren.
The CJ announced at the end of the proceedings that a decision will be delivered at 3 pm next Monday.
Outside the courtroom about 50 people sang songs and called out no new elections.
