The Attorney General’s Office is seeking interim orders to stop the transition of the new Government arguing the purported ad-hoc swearing-in ceremony outside Parliament was illegal. 

The matter was called before Chief Justice, His Honour Satiu Simativa Perese on Tuesday afternoon. 

In the proceeding, lawyer Fuimaono Sefo Ainuu told the Court they have not been able to serve all the respondents in the matter. 

They are Taulapapa Brenda Heather-Latu, Matafeo George Latu and all the elected Members of the Fa’atuatua i le Atua Samoa ua Tasi  party who participated in the ceremony. 

Taulapapa and Matafeo were in Court for the matter. 

The Chief Justice instructed Fuimaono to have the respondents served before Thursday when the matter is called again. 

The Attorney General's Office has declared the swearing-in ceremony unconstitutional due to the absence of the Head of State and other authorities to carry out the ceremony. 

The grounds of their argument is that the “so-called” official who conducted the alleged unlawful swearing-in are not relevant authorities and have no legal authority. 

Doors to the Parliament House were closed on Monday – the deadline for Parliament to convene, 45 days after the General Election. 

On the other hand, the F.A.S.T. party and those involved in the ceremony are arguing that the purported convening of Parliament was to fulfill Article 52 of the Constitution. 

The convening of Parliament is supported by the warrant issued by the Head of State on 12 and 16 April confirming the 51 elected members. 

The party claimed that failure to convene Parliament would have resulted in the Head of State calling for fresh elections. 

The Head of State, His Highness Tuimalealiifano Va’aletoa Sualauvi II signed a proclamation last Thursday and issued Friday which called for Parliament to convene on Monday this week. 

He later revoked that announcement on Saturday night, suspending the convening of the state opening of Parliament for reasons that he said would be made known in due course. 

On Sunday the Supreme Court met “in-chambers” to hear an exparte application from F.A.S.T. and others asking for direction and orders. 

The Attorney General was served on a “pickwick” basis where the panel of Supreme Court Justices made orders. 

Those orders included a permanent order on the proclamation from the Head of State on Thursday to convene Parliament on Monday and is made in accordance to Article 52 of the Constitution. Article 52 relates to meetings of the Legislative Assembly and the 45 day rule. 

An interim order was also made that any purported revocation of that Proclamation dated 20th May 2021 is inconsistent with the declaration of a judgment from the Court and Article 2 (which relates to the Constitution as the Supreme Law of Samoa).