Uncertainty continues in Samoa even after the Supreme Court rulings, yesterday, on two constitutional challenges relating to the April general elections.
The court has declared void the appointment by the Office of the Election Commission of HRPP (Human Rights Protection Party) female member Aliimalemanu Alofa Tuuau to occupy the seat reserved for women.
The court also declared as unlawful the move by the Head of State to set aside the results of the April 9th general elections and call for a fresh election which was set for this Friday.
The ruling on the seat for women means Faatuatua i le Atua Samoa ua Tasi (FAST) Party has 26 seats in the new yet-to-be-sworn-in Parliament and the Human Rights Protection Party (HRPP) has 25 seats.
The court, in its ruling yesterday, directed the Head of State’s attention to the provision in the Electoral Act for parliament to be called within 45 days after the general elections. 
In a televised statement last night, the HRPP leader and caretaker Prime Minister Tuilaepa Sailele Malielegaoi says his caretaker government will remain in power and carry on the business of governing until all election related matters before the courts are dealt with.
Tuilaepa said that the Supreme Court decisions disputing decisions by the Head of State and the Electoral Commissioner will be appealed. He said the verdict on the decision to invoke the additional women’s seat in the House has not dealt with the main issue at hand.
“For these reasons, these decisions will be appealed,” he said, referring to a minority opinion by one of the judges. Justice Vui Clarence Nelson offered a differing opinion from that of his colleagues Mata Tagaloa and Lesatele Rapi on the interpretation of the women’s seat law.
However, all three judges were unanimous in their final decision that the appointment of the HRPP member was in error.
Tuilaepa also pointed out that 28 election petitions were filed after the elections and 28 counter suits were submitted in response. He said all need to be dealt with by the courts.
He also revealed that 19 criminal cases were filed last Friday by HRPP against FAST members including its leaders.
Tuilaepa said the election petitions will go ahead and there will be many bi-elections called in the weeks to come.
This will drag the process further he said. The caretaker PM said that his government had offered the best way forward by accepting the Head of State’s call for fresh elections.
He also revealed that HRPP lawyers had offered to drop all election petitions and head to new elections but this proposal had been rejected by FAST lawyers.
“So we will now continue with these cases,” he said.
In a brief televised statement last evening, the leader of the FAST party Fiame Naomi Mata’afa called on the Clerk of Parliament to convene a sitting of the House so members can be sworn in and a new government formed under her leadership “as the Prime Minister elect” to carry out the business of governing.
Fiame said that the rule of law has prevailed and declared over the country.
“We now have answers to our cries for relief. The Supreme Court has now pronounced the law. We must now obey and act in accordance with the law,” she said.
Fiame also called on all public servants, including all heads of ministries and government organizations, to carry out their duties “independently and impartially.”
