Today in Apia, the Samoa Supreme Court will hear two legal challenges by the Faatuatua I le Atua Samoa ua Tasi (FAST) party regarding the latest seat counts for the new Parliament.
The first challenge disputes a seemingly hasty addition of a new Member of Parliament (MP) under the Electoral Act which requires women in Parliament to hold at least 10% of the seats.
According to FAST leader Fiame Naomi Mata’afa, the 10% threshold has already been met by the five women MP’s who were elected during the 2021 General Elections.
At a press conference yesterday, she said that the new addition is an attempt by government to match the increased FAST numbers after independent MP Tuala Tevaga Iosefo Ponifasio became a FAST member. This is why FAST is launching a legal challenge.
Electoral Commissioner Faimalomatumua Mathew Lemisio told TV1Samoa yesterday that the minimum requirement of the constitution for women membership in parliament was not met after the final count.
The law passed in 2013 calls for a minimum of 5 women in the House, either elected or appointed from the women who contested the elections.
Faimalomatumua said the number of seats in parliament then was 49 but after electoral boundaries changed, there are now 51 seats.
He said the only option to achieve Article 44 (a) constitutional requirement was to add a new woman member of the House.
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The law requires that the chosen member must have polled the highest percentage of votes cast on election day in their constituency, after the final count.
Faimalomatumua said after calculations of vote percentages of the losing women candidates, Alataua 1 Sisifo candidate Aliimalemanu Moti Momoemausu Alofa Tu’uau was elected.
The Head of State, Tuimalealiifano Vaaletoa Sualauvi II signed the warrant of appointment late Tuesday evening giving HRPP a total of 26 seats in the House.
The legal challenge will be heard by acting Chief Justice Mata Tuatagaloa this afternoon under strict security.
The second legal challenge by FAST is against the eligibility of election night winner for Faasaleleaga 5 constituency Peseta Vaifou Tevagaena; a HRPP candidate and former Associate Minister.
Fiame said the challenge is that a criminal conviction for Peseta was not disclosed during candidate registration because of an error in the furnished Police Report.
FAST only needs to win one of the two legal challenges to make up the numbers to form a government.
