FAST Party challenges Samoa Head of State’s call for fresh elections

Apia: The Fa’atuatua ile Atua Samoa ua Tasi (FAST) party is taking legal action against the order made by the Samoa Head of State on Tuesday calling fresh elections on May 21. The case will be challenged today at the Supreme Court.

The presiding judges for Wednesday’s proceedings were Justice Niava Mata Tuatagaloa, Justice Vui Clarence Nelson and Justice Lesatele Rapi Vaai.

The matter scheduled was the substantive hearing of the FAST Party and duly elected member Seuula Ioane’s challenge of the warrant of election signed by the HOS on April 19, 2021, appointing Ali’imalemanu Alofa Tu’u’au under Article 44 (1A) of the Constitution.

The Head of State’s announcement prompted Samoa’s Attorney-General, Savalenoa Mareva Betham-Annandale to file a motion to discontinue the substantive hearing proceedings based on the fact that the warrant has been cancelled. However, FAST leading counsel, Mauga Precious Chang told the court that they would be filling a motion to challenge the order and she also opposed the A-G’s motion to discontinue. “There is an intention to file a challenge on the order made, it has not been done because we just received the application today,” Mauga told the court.

She informed the court that they sought the court’s clarification of the Constitution interpretation that was still valid and applied to date.

“These are actions already taken and we are seeking clarification to the constitutionality of actions already taken,” she said.

“Even if there is a new general election, this interpretation of information and clarification will still be valuable in that new election,” Mauga argued.

Savalenoa told the court that she had not had a chance to file an application with regards to the motion against the HOS as time was not on her side, but she asked the court to consider setting a hearing date to withdraw the motion given that the state of constitutionality is important.

Mauga was quick to point out that this provision remains the same after the next election as there is no Parliament sitting at the moment to quickly change the Constitution.