The Speaker of the House Papalii Lio Masipau can vote on the constitutional amendment, according to the decision by the Supreme Court.

Papalii won the legal challenge pursued by the Human Rights Protection Party (HRPP) claiming he is prohibited from casting a deliberate vote that made way for the approval of the Constitution Amendment Act (CAA) 2025. 

Chief Justice Satiu Simativa Perese delivered the ruling on Friday afternoon. 

He concluded he is unable to accept the applicants interpretation of Constitution's Article 58(2), which purports to apply the prohibition against casting a deliberative vote to a constitutional amendment vote under article 109. 

“I find that the Speaker was permitted to vote at the third reading of the CAA, and that with the Speaker's vote the two-thirds majority support of the total of all the members including vacancies has been satisfied,” he said. 

The result of the third reading vote was properly certified.

1. It follows that the applicant's application for the making of various declarations is declined.

2. The interim order against restraining the commencement of the Constitution Amendment Act 2025 is rescinded, with the effect that the CAA commenced on 7 April 2025.