Samoa Law Society submission criticises Head of State’s decrees
Apia: Samoa’s professional legal body has admonished the Head of State for his role in delaying Parliament from convening.
The Samoa Law Society, in its submission to last Friday’s Court of Appeal hearing to expedite an end to the country’s Constitutional and electoral crisis, was clear that the Head of State is bound as the faithful servant of the Constitution and not its master.
It submitted that the Head of State, whose office is a creation of the Constitution, was obliged to do its bidding.
Part of that bidding is to ensure that parliament convene within 45 days from a General Election. His Highness had frustrated multiple attempts for this to happen since the 9 April ballot.
The vice-president of the Samoa Law Society, Su’a Hellene Wallwork, said their submission was one of neutrality and that they had no interest in which party has the majority in parliament.
“Our interest, as the Law Society, is that the Constitution be allowed to bring into effect a Legislative Assembly and a government.”
Submission
The Society, in their submission, stated the judiciary had final authority over Constitutional matters.
“We wholeheartedly support the proposition that the Supreme Court (and the Court of Appeal) has paramountcy in interpreting the Constitution and how it should come into effect.
“We believe it’s very difficult to argue with the fact that the Constitution spells out that the Supreme Court has the final say in how the Constitution should be interpreted and how it should be applied,” added Su’a.
“So if the Supreme Court or the Court of Appeal comes out with an interpretation of it, we support how that should be put into effect. And hopefully that will bring about a Legislative Assembly for Samoa.”
This stands in contrast to the position taken by the Head of State and the government ministers which advise him.
The HRPP caretaker government and its officers claim the office of the Head of State has constitutional primacy over the judiciary. The Law Society’s Su’a again referred to the Constitution.