Court throws out stay of execution request

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A Court of Appeal in Samoa has dismissed the application by the Electoral Commissioner and HRPP member Aliimalemanu Alofa Tuuau to stay a Supreme Court ruling from last week which declared null and void the appointment of Aliimalemanu to the 17th Parliament.

The Election Commissioner had appointed Aliimalemanu to hold the seat reserved for women after deciding that the 5 female candidates who won in the April 9 elections did not meet a law which requires that 10% of seats in Parliament be held by women.

FAST challenged that decision as unlawful and the Supreme Court agreed.

The Election Commissioner and Aliimalemanu then asked the court for a stay of execution.

The application was heard by a Court of Appeal yesterday and it’s decision was released at noon today. The Appellate Court comprised Chief Justice Satiu Simativa Perese, Tafaoimalo Leilani Warren Tuala and Fepulea’i Ameperosa Roma

Read here for the full decision Electoral-Commissioner-Tuuau-v-FAST-Party-Ioane-Appeal-decision