The Supreme Court has dismissed the application from the Human Rights Protection Party (HRPP) and Aliimalemanu Alofa Tu'uau to activate the 10 per cent women quota in parliament.

Justice Leiataualesa Darryl Clarke, in his ruling, made it clear that HRPP contravened Article 44 of the Constitution by failing to activate it after counting the ballots of the General Election of 29 August 2025.

He said that the report on the results of the General Election submitted by the HRPP to the Head of State on 5 September 2025, without including votes polled by the additional woman member of the Legislative Assembly pursuant to article 44(1A) and 44(1B)(b) of the Constitution, is void to that extent.

The court ruled that, as a result of the first respondent's failure, the Warrant of Election issued by the Head of State on 5 September 2025 is not in compliance with the requirements of articles 44(1A) and 44(1B)(b) of the Constitution and is also void to that extent.

The court ruled that the lawful activation of article 44(1A) results in the second applicant becoming the additional woman member of the Legislative Assembly; and that a Warrant of Election for the second applicant be issued forthwith so that the second applicant be sworn in as a Member of the Legislative Assembly without further delay in light of article 52 requiring the Legislative Assembly to meet having been constituted properly.

The court in its ruling said the applicants were asking this court not to distinguish but correct the Court of Appeal's judgment in Electoral Commissioner v FAST Party which was ruled on in 2021.

The respondents were told to file and serve memorandum as to Costs by Friday 23 January 2026 and the applicants to file and serve any response to the costs by Friday 6 February 2026.