The Supreme Court of Samoa has ruled that the Speaker of Parliament, Papalii Lio Masipau, had a right to vote on the recent constitutional amendments passed in Parliament.
Samoa Global News reports the question was put to the Court by the Human Rights Protection Party through party leader Tuilaepa Sailele Malielegaoi and party deputy leader, Lauofo Nuafesili Fonotoe Lauofo.
The HRPP filed a motion claiming the Speaker could not cast a deliberate vote and by doing so, the approval of the Constitution Amendment Act (CAA) 2025 passed in Parliament in December 2024, was illegal.
The opposition leader has also repeatedly shared his views publicly, that the Speaker of Samoa’s Parliament could only vote if there was a tie.
However, Chief Justice Satiu Simativa Perese stated he is unable to accept the Applicants’ interpretation of Art 58 (2) of Samoa’s Constitution that the Speaker could not cast a deliberate vote.
“I find that the Speaker was permitted to vote at the third reading of the CAA, and that with the Speaker’s vote the two third majority support of the total of all the members including vacancies has been satisfied.”
“It follows that the applicant’s application for the making of various declarations is declined.”
The Constitutional Amendments which impacts the structure of the Courts, as well as the Lands and Titles Court, can now move forward to its implementation.
In handing down his decision Justice Simativa Perese commended the submissions of former Attorney-General of Samoa, Taulapapa Brenda Heather-Latu.
The Chief Justice said Taulapapa made a “powerful point” that the HRPP argument “would seriously erode a Speaker’s ability to represent his Constituency.”
Further, “the people of the Speaker’s Constituency would not have a voice when a matter was put to a vote…”
