The Supreme Court in Samoa has thrown out the electoral office’s decision to appoint an extra female member of parliament.
It means the decision breaks a month-long deadlock from the April election, handing the newcomer FAST (Faith in the One True God/Fa’atuatua i le Atua Samoa ua Tasi) party a majority.
The electoral office last month added the extra seat purportedly to meet a provision in the constitution that 10 per cent of seats are reserved for women.
That extra seat fell to the caretaker HRPP (Human Rights Protection Party) government, creating a 26-all deadlock.
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But the Supreme Court on Monday returned a unanimous verdict ruling that decision was unconstitutional.
The constitution describes the women’s representation for its 51 electoral constituencies as a minimum of 10% of the Members of the Legislative Assembly specified under clause (1) which for the avoidance of doubt is presently 5.
However, this decision was the premise for the head of state’s controversial call for a snap election, scheduled for Friday.
Whether that call was constitutional was to be ruled on by the Supreme Court on Monday afternoon.
Meanwhile, following Monday mornings court decision, FAST’s member for Falelatai and Samatau said the party was trying to have parliament recalled so it could declare a majority.
The MP, Pa’u Roy Ausage, said the party wanted parliament convened as soon as possible.
The legislative clerk should be initiating the process in order for parliament to convene now that [the] FAST party clearly has the majority number of faipule, or members of parliament, to convene a parliament.
The head of state’s call for Friday’s snap election now becomes moot, according to Pa’u.
But we’ll just wait [to hear] what the judges will say.