Samoa's Supreme Court has thrown out the Head of State's decision to call a second election, clearing the path for the newcomer Fa'atuatua i le Atua Samoa ua Tasi (FAST) party to form a government.
Samoa's parliament Photo: RNZ Pacific /Autagavaia Tipi Autagavaia
Announcing the second election earlier this month, Tuimaleali'ifano Va'aletoa Sualauvi II told Samoans it was the best way to break the political deadlock that emerged after last month's election.
However, the court today found that he had no constitutional power to call for the election while outstanding matters relating to April's election were still unresolved.
Chief Justice Satiu Simativa Perese said while delivering the judgement "that the Head of State does not have the power to call for a fresh election" as he had on May 4th.
"There is no lawful basis for the Head of State calling for a new election on 21 May 2021," said Chief Justice Satiu.
He added that the results from last month's election "continue to be valid and lawful".
But the court found the Head of State acted in what he believed was the best interests for Samoa, and Satiu stressed there was no criticism of his actions.
"Rather this judgement is concerned with the correctness of the advice upon which the Head of State relied, which advice, we say from the outset, was inaccurate," Satiu explained.
His Highness Tuimaleali'ifano acted on the advice of the caretaker prime minister Tuila'epa Sa'ilele Malielegaoi and the Attorney General Savalenoa Mareva Betham-Annandale.
"Arising from this constitutional issue it may be timely for the Office of the Head of State to have access to publicly funded but independent staff and resources."
This decision follows another ruling by the court earlier today which gave FAST an electoral majority, by voiding the addition of an un-elected extra women's seat.
The sixth women's seat had created the deadlock between FAST and the caretaker Human Rights Protection Party (HRPP) government following last month's general election.
HRPP and FAST were caught in a 25-seat then 26-seat each tie after the extra women's seat went to HRPP and an independent candidate joined FAST.
Samoa's new prime minister in waiting, Fiame Naomi Mata'afa. Photo: Dominic Godfrey / RNZ Pacific
With FAST now holding a 26-25 majority and fresh elections being voided, it is expected that party leader Fiame Naomi Mata'afa will seek the recall of parliament so as she can declare a government.
Fiame would become Samoa's first woman prime minister.
New Zealand's prime minister Jacinda Ardern said the potential for this outcome felt significant to her.
"Having been a member of course of the Pacific Islands Forum and those leaders' dialogues, it feels very significant," she added.
"Again, we of course respect within the Pacific the outcomes of any democratically led election but it is certainly a meaningful thing when you see a historic decision made when office is held by a woman."
Meanwhile, FAST's deputy leader has called for the country to rally behind the Supreme Court's decisions.
La'aulialemalietoa Polataivao Schmidt thanked the country for their support and asked them to come together.
"Let us accept this decision with humility and with the spirit of forgiveness," he said.
"We are one family. The Head of State, prime minister we are all family. Let us put our differences behind us and let us look ahead."
