The Court of Appeal has dismissed the appeal by the Human Rights Protection Party Leader, Tuilaepa Sailele Malielegaoi and Deputy Leader  Lauofo Fonotoe Pierre, on the Supreme Court decision upholding Speaker Papalii Lio Masipau's right to vote on a constitutional amendment.

The decision was made on Thursday morning by Justice Rhys Harrison, Justice Raynor Asher and Justice Sir William Young.

The Supreme Court ruled that Papalii could vote on the constitutional amendment. Papalii won the legal challenge pursued by the Human Rights Protection Party (HRPP), claiming he was prohibited from casting a deliberate vote that made way for the approval of the Constitution Amendment Act (CAA) 2025.

Chief Justice Satiu Simativa Perese had concluded he was unable to accept the applicant's interpretation of the Constitution's Article 58(2), which purports to apply the prohibition against casting a deliberative vote to a constitutional amendment vote under Article 109.

Tuilaepa Sailele Malielegaoi and Lauofo Pierre Lauofo appealed the Supreme Court’s decision. They submitted that they still believed that the Speaker’s vote at the third reading of the Constitutional Amendment Act was illegal under the Constitution’s Article 58(2) and Article 109.

They further stated that the Speaker can only vote if there was a tie.

Papalii’s counsel said the Speaker’s vote was appropriate and legal because this was an amendment to the Constitution that was voted in Parliament, and as an elected member of parliament, he needed to have his constituents’ voice heard.

This matter was heard in the Court of Appeal last week, and the decision was reserved for this week. It was confirmed that the written ruling was given to all counsels of each party in this matter on Thursday morning.