Court of Appeal quashes appointment of 7th woman MP

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The appointment of a woman Member of Parliament, Toomata Norah Leota, has been quashed by the Samoa Court of Appeal.

The Court of Appeal ruled the appointment of Toomata made by the Supreme Court earlier this year was invalid.

The decision subsequently reduces the number of women in the Legislative Assembly to six.

The matter was presided over by Acting President of Court of Appeal, Justice Rhys Harrison alongside Justice Asher, Justice Sir William Young and Justice Tafaoimalo Leilani Tuala-Warren.

The Appeal Court also dismissed the cross appeal from Toomata.

Women MPs Aliimalemanu Alofa Tuuau and Faagasealii Sapoa Feagai and the Human Rights Protection Party filed the initial appeal against Toomata Norah Leota seeking to disqualify her appointment.

In response Toomata filed a cross appeal alleging the Supreme Court erred in adopting the formula that qualified the two HRPP women to be legislators.

Lawyer Rodney Harrison, Aeau Tima Leavai and Ann Matalasi are representing the HRPP women members and the party.

Lawyers Benjamin Keith, Taulapapa Brenda Heather Latu, Matafeo George Latu and Muriel Lui represented the Fa’atuatua i le Atua Samoa ua Tasi party and Toomata.

To’omata claimed the formula was unfair in relation to relevant factors including the size of the electorate votes and the number of competing candidates.

Aliimalemanu and others claimed that the ruling that appointed To’omata was neither applied for nor was it advanced by the respondents.