The Supreme Court of Samoa has handed down a slap on the wrist for both parties vying to lead the countrys next parliament, in a decision over last months outdoor swearing-in ceremony of new MPs.
The court has ruled parties now have just seven days to run a proper swearing-in ceremony to open the 17th Parliament of Samoa, or risk facing court charges.
On Monday, the court said while the Faatuatua i le Atua Samoa ua Tasi (FAST) Partys ad-hoc ceremony was unconstitutional and did not meet all the legal requirements to be a legal ceremony, the incumbent Human Rights Protection Party (HRPP) must stop trying to pervert the results of the April election.
It seems reasonably clear that the executive arm of the Government has deliberately and unlawfully prolonged the calling of Parliament for plainly political reasons, the court said in its decision.
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FAST said it accepts the outcome of the hearing.
The court said FASTs ceremony for its 26 members has been thrown out for now, unless the order to convene parliament properly within a week is not honoured.
It warned that anyone who attempts to stop the session from happening, will face court charges and that the ad-hoc ceremony would then be considered lawful if a proper session is not held on time.
Failure to convene Parliament in our opinion would constitute a change of circumstances that would justify the Court revisiting the issue so the business of lawful governance of the nation can proceed.
FAST held its ad-hoc swearing in ceremony outside Parliament on May 24, exactly 45 days after the general election as required by law, and as ordered to by the Head of State a few days earlier.
The Head of State, Tuimalealiifano Vaaletoa Sualauvi II then attempted to withdraw that order and put off the first session of parliament, which FAST contested in court and won.
On Monday, the court again affirmed that Sualauvis first order was valid and that it is beyond time to give full force and effect to the Head of States Proclamation of 20 May 2021 convening the 17th Parliament of Samoa.
Fiame Naomi Mataafa was sworn in as Samoas first female prime minister in the makeshift tent parliament pitched outside the real parliament, watched by Tui Atua Tupua Tamasese Efi, former PM and former Head of State.
A new swearing-in ceremony this week will see FAST bring in 26 members and HRPP bring 24 to the new Legislative Assembly.
Meanwhile, two ongoing processes will determine the future of this parliament and whether the current balance of power will remain.
The court is working through dozens of election petitions and counter petitions levelling allegations of bribery and corruption against winners of the election.
Those who are found guilty will have their seats vacated and the constituencies will go back to the polls later this year.
Samoa’s Prime Minister-elect Fiame Naomi Mata’afa of the FAST party was previously a member of the HRPP.
Once those by-elections are over, new parliamentarians will be sworn in. If no new women are elected through that process bringing the total number of female MPs to six, another woman will be elevated to the job (10 per cent of seats in parliament are reserved for women under a constitutional provision introduced in 2013.)
So far HRPP has already lost a seat through this process, leaving one seat vacant during this weeks intended swearing in. By-elections will be scheduled when all petitions have been decided.
Supreme Court Justices Vui Clarence Nelson, Lesatele Rapi Vaai and Justice Fepuleai Ameperosa Roma presided over the decision.
Meanwhile, FAST Party leader and Prime Minister-elect Fiame Naomi Mataafa has written to the Head of State urging him to carry out his duties and officiate over the first official session of parliament, which she wants to be on Tuesday.
Samoa’s Prime Minister-Elect Fiame Naomi Mataafa won the election tv host Moana Maniapoto speaks with her about the constitutional crisis Samoa is now in.