The Samoa Supreme Court has declared the Assembly motion, purporting to suspend two leading MPs, is void.
The Court ruled on Tuesday in favour of former prime minister, Tuilaepa Sailele Malielegaoi and Lealailepule Rimoni Aiafi, who had sought to overturn their indefinite suspension from the House.
The duo had been suspended in May this year by the Speaker for violating standing orders.
Tuilaepa Sailele Malielegaoi Photo: Screengrab
The Court ruled there is no lawful impediment in the way of the applicants resuming their duties.
The justices said the disciplinary rules and practices of parliament don't give those who are the subjects of adverse recommendations by the Privileges and Ethics Committee, the opportunity to be heard before a penalty is imposed.
They said these breaches a fundamental plank of the rules of fairness that are secured in Article 9(1) of the Constitution - the right to be heard.
The court also considered the treatment of both applicants' rights to natural justice with respect to penalty were inconsistent with their rights preserved under Article 9(1).
Lealailepule Rimoni Aiafi Photo: Dominic Godfrey / RNZ Pacific
"These issues raise the question of the relationship between the Court and the Assembly and the separation of powers between the Legislative and Judicial branches of the State. It is clearly a matter of sensitivity and importance."
The ruling said the April 2021 General Election in Samoa produced a result few if any could have confidently predicted.
The court said "history has now recorded the regrettably many ugly scenes and events that followed. Harsh words were spoken, which included unfounded accusations and unprecedented attacks directed by the First and Second Applicant members of the Assembly of Samoa and their supporters at the Judiciary".
"These attacks became the subject of contempt of Court proceedings in the Supreme Court, alleging amongst other things that the statements scandalised the Court and the members of the Judiciary, and thereby undermined the rule of Law in Samoa," it said.
