Prime Minister-elect Fiame Naomi Mata’afa says she is now focused on taking over the reins of power from an administration that has ruled for two decades after a court ruling established her party's ability to form a majority Government. 

Fiame spoke on Wednesday night following a ruling by the Court of Appeal earlier that day.

The Prime Minister-elect said the Fa'atuatua i le Atua Samoa ua Tasi (F.A.S.T.) party's right to rule had been established by the Appeal Court's decision.

“The court’s decision reconfirms the F.A.S.T. party remains as the leading party with 26 seats and HRPP with 25 seats," Fiame said.

“Last week Parliament convened and members of the F.A.S.T. were sworn in [under a tent] and not only the leaders were appointed but the Cabinet was also appointed.

“And now the Appeals Court decision has been rendered, it is due time the transitioning of Government should occur and that we will take over the operation of Government while the caretaker Government will move out.

“There will be a chance to meet with the [outgoing] Prime Minister Tuilaepa during the transitioning period."

While the court granted a victory of principle Human Rights Protection Party (H.R.P.P.), it also cemented that F.A.S.T. would command a majority on the floor of Parliament for some time, Fiame said.

The court ruled that a contested constitutional provision about the number of women in Parliament meant six, not five, M.P.s should be elected it did not specify which M.P. would gain passage to Parliament. In fact, the court upheld a decision by the Supreme Court voiding the warrant of election of Ali'imalemanu Alofa Tuuau, signed by the Head of State last month.

During a live broadcast on the party's Facebook page, Fiame outlined the key aspects of the judgement issued by the Appeal’s court on Wednesday afternoon.

She said the Appeals Court upheld the voiding of the appointment of Ali'imalemanu Alofa Tuuau while also clarifying that six seats would be the minimum amount devoted to women. 

But the installation of a sixth woman M.P. would come only after the outcome of election petitions and legal challenges, the court ruled. 

That process that could take months and could result in the election of another woman via a by-election, removing the need for an additional woman to be installed at all, Fiame said.

“There is a chance there will be by-elections after the election petitions and the activation of the sixth seat will be activated then,” said Fiame.

Fiame's declaration now puts her at direct odds with her rival and former colleague caretaker Prime Minister, Tuilaepa Dr. Sa'ilele Malielegaoi. Tuilaepa asserted on Wednesday that the court's ruling had cemented his Human Rights Protection Party's right to command 26 M.P.s on the floor of Parliament. 

He also claimed Parliament would not sit until electoral petitions had been resolved, despite Parliament having done so in the past such as in 2011 when six petitions were heard resulting in four by-elections.

Tuilaepa claimed the court had now given him and his party license to be the "custodians" of the Government of Samoa for the foreseeable future.

The leaders' completely opposite statements about the meaning of the court's ruling have set them on a collision course.

In April, the Office of the Electoral Commission opted to activate the threshold of 10 per cent women representation in Parliament claiming that it had not been met in the recent election.

Fiame pointed out the election results from 9 April, 2021 still stand and that FAST commands 26 seats compared to the Human Rights Protection Party with 25 seats.

Five women were duly elected at the completion of the Final Count of votes for the 2021 General Election but the Office of the Electoral Commission said that it had determined that the threshold had not been met. Ali'imalemanu was duly appointed. 

A warrant of Ali'imalemanu's election, signed by the Head of State, His Highness Tuimalealiifano Vaaletoa Sualauvi II, declared that a warrant of her election to Parliament was duly ordered. 

That declaration was voided in earlier Supreme Court challenges. Its voiding stands under the Court of Appeal ruling issued today. 

Electoral Commissioner & Anor v FAST Party & Anor by James Robertson on Scribd