The Human Rights Protection Party (H.R.P.P.) leader Tuilaepa Dr Sailele Malielegaoi is adamant that sworn-in or not, his party's elected Members will attend the first sitting of the XVII Parliament when it convenes next Tuesday.

“There is no law that prevents us from attending [Parliament],” said Tuilaepa on Tuesday, in a livestream video on his party's official Facebook page.

He said the H.R.P.P. will also extend traditional presentations of his party's unsworn 18 Members to Parliament by their respective constituencies.

The former Prime Minister has insisted on having his party’s Members sworn-in by the Head of State, His Highness Tuimaleali’ifano Vaaletoa Sualauvi II. However, Speaker of the House, Papalii Lio Masipau has reaffirmed his powers, saying under the law he has to swear-in members of the party.

Tuilaepa was upset not one elected Member of his party received an invitation to attend the opening of the XVII parliamentary term next Tuesday.

“The notice that went [out] surprised our party, because unlike the typical Parliament of Samoa where all the elected Members are notify this time only the members of the [Fa’atuatua i le Atua Samoa ua Tasi] party were notified," he said recently.

“It came in as complete surprise to us and it caused anger. When you play by the rules as an opposition party and the government does not, there is a certain time limit to tolerance.

“The invitation accompanied by a very high minded clarification that came from the Prime Minister that we were not sworn in."

The H.R.P.P. Members were not sworn-in on 24 May 2021 and opted to boycott the ceremony, despite it being the deadline as the 45th day after a general election when all elected or re-elected Members should have been sworn in line with the Constitution. 

Only Fa’atuatua i le Atua Samoa ua Tasi (F.A.S.T.) Members were sworn-in on that day by a public notary, due to the Parliament being locked and the absence of the Head of State, His Highness Tuimaleali’ifano Vaaletoa Sualauvi II. 

The Supreme Court later ruled that the 24 May 2021 swearing-in was unlawful and illegal but the Court of Appeal overturned that decision and subsequently installed the F.A.S.T. as Samoa's legitimate Government. 

However, Tuilaepa has refused to accept the court's judgement and continues to maintain that the swearing-in ceremony undertaken by his political rivals is illegal and unconstitutional. 

“I issued a challenge to all our church leaders if they have a useful message of peace, [for the people, they  have] seven days to deliver that message because in seven days, then from Sunday evening we would be entering Parliament this is in reference to the political party," he said. 

“Now we as politician cannot continue to swallow these provocations that continue to come from the mouth of the Prime Minister. 

“And so on the basis of law, there is no law that prevents from attending [Parliament] and that is our understanding especially when it is done in such an unsamoan manner and it is not in accordance with our Samoan cultural and religious values.” 

Tuilaepa didn't specify what he was making reference to when he mentioned the Prime Minister, though he indicated that his party's constituencies have been summoned for a meeting this Friday. 

“And what we are doing is to invoke our traditional practice which we have been doing all along, when a district wishes to propose a new member or an old member to the Party at a new term, all the districts attends and present formally their candidate," he said.

“We will extend that custom to Parliament, this is going to be the first opening of Parliament, where traditionally the new members of Parliament will be sworn and we have been doing is for the last 50-odd years. 

"And then suddenly there is a new change and to us we continue to brand as unconstitutional because of the intervention of the court unfortunately once the court [decides], no matter how stupid the basis, it becomes the kind of decision that we must follow."

Looking back at the events of recent months that culminated with the Court's installation of the F.A.S.T. Government, the H.R.P.P. leader is of the view that the new Government is illegally occupying office, and that "anomaly" cannot be corrected until his party returns to power with "sufficient numbers" to enforce the law as reflected in the Constitution.