H.O.S. proclamation 'unlawful': Supreme Court

The Supreme Court has overturned the announcement overnight by the Head of State to suspend the Parliament's scheduled swearing-in on Monday, ruling that the decision is "unlawful".

The decision reached by the bench comprising Chief Justice his Honour Satiu Simativa Perese; Justice Vui Clarence Nelson and Tafaoimalo Leilani Tuala-Warren on Sunday now means that the XVII Legislative Assembly will convene on Monday.

This was confirmed by Fa’atuatua i le Atua Samoa ua Tasi (F.A.S.T.) party lawyer Taulapapa Brenda Heather outside the Court on Sunday afternoon, after the hearing to hear the party's application challenging the proclamation issued by the Head of State, His Highness Tuimaleali’ifano Vaaletoa Sualauvi II on Saturday night.

The F.A.S.T. filed a motion early Sunday morning to overturn the proclamation. 

The proclamation issued by the Head of State on Saturday night overtook an earlier writ signed by the Head of State last Friday, which confirmed the new Parliament would convene on Monday to meet a constitutional obligation.

Speaking exclusively to the Samoa Observer on Saturday night, Taulapapa said the proclamation issued by the Head of State was unlawful and would be the subject of a legal challenge.

"We'll be seeking court orders to allow the Parliament to go ahead on Monday [night] or early tomorrow morning," Taulapapa said at that time.

"Suspending or revoking his May 20 order [to convene Parliament in line with the constitution] is in the same category as revoking the results of the election. [It is] unlawful and void."




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