24 May 2021

Samoa's Speaker disregards Supreme Court ruling

10:15 am on 24 May 2021

The Speaker of Parliament in Samoa has disregarded a Supreme Court ruling clearing the way for the Legislative Assembly to convene tomorrow.

The Speaker of the Legislative Assembly, Leaupepe Taimaaiono Toleafoa Faafisi is visiting New Zealand to commemorate the 55th anniversary of the1962 Treaty of Friendship between the two countries.

Leaupepe Toleafoa Fa'afisi Photo: VNP / Daniela Maoate-Cox

The court on Sunday had declared the Head of State, Tuimaleali'ifano Va'aleto'a Sualauvi II, acted unlawfully on Saturday in suspending parliament.

Crowds outside Samoa's Supreme Court head to parliament, where the Speaker has refused to convene the house amid a constitutional crisis, 24 May 2021.

Crowds outside Samoa's Supreme Court head to parliament, where the Speaker has refused to convene the house amid a constitutional crisis, 24 May 2021. Photo: Supplied

FAST was expected to declare its majority when parliament met, and announce Samoa's first woman prime minister Fiame Naomi Mata'afa.

However, the speaker Leaupepe Toleafoa Fa'afisi announced this evening the house would not convene until a new proclamation had been made by the Head of State allowing it.

Leaupepe, a member of the caretaker Human Rights Protection Party (HRPP) government, invoked Section 30 of the Legislative Assembly Powers and Privileges Ordinance 1960 to continue as Speaker.

"Further notice will be announced by the Office of the Clerk to officially inform Hon Members of the Legislative Assembly as well as invited guests for the State Opening of the XVII parliament," he said.

The conflicting rulings of the Supreme Court and the Head of State set a quandary for the country, as to which has Constitutional primacy.

Sunday's Supreme Court challenge was heard in-chambers in front of Chief Justice Satiu Simative Perese, Justice Vui Clarence Nelson and Tafaoimalo Leilani Tuala-Warren.

Meanwhile, a delay to parliament convening tomorrow puts a sitting in breach of the Constitution which finds that the house must sit within 45 days of a general election. Monday 24 May is the 45th day since the 9 April election.