2 Jul 2021

Samoa caretaker PM to appeal court ruling that parliament must convene

4:36 pm on 2 July 2021

Samoa's caretaker prime minister Tuila'epa Sa'ilele Malielegaoi says his Human Rights Protection Party is appealing Monday's Supreme Court ruling that parliament should convene within seven days.

Samoan PM, Tuila'epa Sa'ilele Malielegaoi

Samoan PM, Tuila'epa Sa'ilele Malielegaoi Photo: Samoa Govt

Tuila'epa claims the judiciary is over-reaching its powers, and Talamua online reports him saying one arm of government should not be "Hitler-like" in asserting its authority over another.

He continues to maintain parliament cannot meet until election petitions and by-elections are held and it is ensured there are six women parliamentarians.

Should parliament not meet on Monday as directed, the Supreme Court is expected to revisit the Doctrine of Necessity, under which the majority FAST party had sworn in its MPs because they were illegally barred from entering parliament.

This could lead to that swearing-in being declared valid.

However, Tuilaepa says only the head of state has the power to convene parliament, claiming the court is interfering with the role of other arms of the government.

Electoral petition progress

Samoa's Supreme Court is halfway through the 28 electoral petitions mounted after the 9 April ballot.

Election winners FAST have so far retained their 26 seats while the caretaker's HRPP has 22 after losing three of their original 25 seats.

By-elections will now be held in the three vacant seats.

In Sagaga No 2 the HRPP winner and independent challenger were both voided for corruption and cannot contest a new vote.

The other two ballots will be held in Sagaga No 4 and Falealupo where the HRPP winners resigned their seats, avoiding possible adverse impacts on their legal careers.

One will contest a by-election and one will stand down.

There are 14 petitions yet to be heard, nine against HRPP members and five against FAST.

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