Samoa election saga takes to the Supreme Court, challenges upheld

Apia: The Supreme Court in Samoa has dismissed the Attorney-General’s attempt to have a challenge to the appointment of an extra women’s seat in Parliament thrown out.

The FAST party, which is locked in a 26-seat deadlock with the Human Rights Protection Party, was challenging the electoral commissioner’s decision to add the seat, which went the way of the caretaker HRPP government, creating the deadlock.

The constitution provides that 10 percent of parliament’s seats be reserved for women, but it also specifies that that is five seats. This is the crux of the argument -- the election saw five women elected, or 9.8 per cent.

The court will deliver its interpretation of the section which was invoked to appoint Aliimalemanu Alofa Tuuau as the country’s sixth woman MP next Monday. Aliimalemanu, a member of the HRPP, has said she welcomes the challenge to clarify her position as a member of parliament.

The head of state, Tuimalealiifano Vaaletoa Sualauvi II, had announced on Tuesday that a second election would be held to break the deadlock.

The A-G, Savalenoa Mareva BethamAnnandale, acting on behalf of the Office of the Electoral Commission, argued that with a new election announced, there was no point in proceeding with the challenge, because April’s election results were now void.

The FAST party is also challenging the legality of the head of state’s decision in court, arguing he acted against the constitution.

At its first mention yesterday afternoon, the Supreme Court said it would hear the FAST party’s challenge next Thursday, with submissions focussing on whether the head of state has the power to void previous elections and call new ones.