Court Rules Speaker to Swear in 3 Additional Women Parliamentarians
Samoa’s Supreme Court has ruled for the Speaker of Parliament to swear in three additional women Parliamentarians at the earliest opportunity.
The Courts decision was delivered in favour of three women; Aliimalemanu Alofa Tuuau, Faagasealii Sapoa Feagiai of the Human Rights Protection Party and To’omata Norah Leota of the Faatuatua I le Atua Samoa ua Tasi – FAST party.
The Court declared:
• The Speaker has a duty to swear in Aliimalemanu Alofa Tuuau, Faagasealii Sapoa Feagiai as additional Members of the Legislative Assembly Pursuant to Articles 44(1A)(a), 44 (1A)(b) and 44(1B)(b) of the Constitution.
• The Speaker has the duty to swear-in Toomata Norah Leota as an additional Member of the Legislative Assembly under Article 44(1A)(b) and 44 (1E) of the Constitution.
• Although To’omata Norah Leota is to be sworn in as an additional Member, the Motion she filed with Lolomatauama in M.379/21 is dismissed.
• In accordance with earlier authority
of the Court, declare that the swearing-in is constitutionally required to be carried out at the earliest opportunity, there being no constitutional or other legal basis by which the swearing in should be further delayed or deferred.
• Considering the novelty and importance of the issues raised in this litigation, there will be no order as to costs; unless sought by any party as a result of the Motion for Joinder filed by the Speaker of Parliament.
Several articles of the Constitution of the Independent State of Samoa came under the microscope in this case where Aliimalemanu and Faagaseali were applicants in a matter against the Speaker and the Electoral Act 2019.