The Chief Justice Satiu Simativa Perese issued a direction in relation to electoral petitions, in accordance with Part 14 of the Electoral Act 2019 (“the Act”), which may arise following the Samoa General Election 2025.

The latest directions incorporate and refine the Practice Directions issued on 28 April 2021 and 1 July 2021.

The directions state that an electoral petition with all supporting affidavits must be filed with the Supreme Court within 10 working days after the day on which the Commissioner has publicly notified the result of the poll. The electoral petition must be served on the respondent in accordance with the Electoral Petition Rules 1964 (“EPR”).

Counter petitions and all supporting affidavits are to be filed no later than five working days, beginning on the day after the date of service of the electoral petition. Counter petitions must be served in accordance with the EPR.

The petitioner must file four hard copies, including the original, and one electronic copy (searchable) of the petitions and counter petitions, and their respective supporting affidavits.

All election petitions and counter petitions must be accompanied by security for costs.

Election and counter petitions must be advertised as required by the EPR within seven days of them being filed, at least once in a newspaper published in Samoa, unless publication is excused by the court.

The directions stated that the order of hearing of electoral petitions is generally determined by the order in which hard copies of the electoral eetition and supporting affidavits are filed at the Court’s Registry.

Parties who wish to make applications for leave to withdraw an electoral or counter petition must comply with Part 14 Division 5 of the Act.

For withdrawal of petitions, the petitioners must fully particularise the grounds of the application for leave to withdraw and file and serve an accompanying affidavit from the party making the application for withdrawal which affirms and verifies the grounds and that they are the only grounds upon which the application for withdrawal is based.

The withdrawal documents must exhibit a formal agreement between the parties concerning the terms of the cross withdrawals.

The court has warned that the withdrawal must not be the result of a corrupt arrangement or in consideration of the withdrawal of any other election petition. 

The applicant must also expressly acknowledge that a breach of the certification may be treated as a contempt of court, which may be punished by a penalty that may include a period of imprisonment.