The Faatuatua i le Atua Samoa ua Tasi (F.A.S.T.) party will go to court to challenge the decision of the Electoral Commissioner to appoint two women Members of Parliament.

This was confirmed by the Chairman of the party, La'auli Leuatea Schmidt in an exclusive interview with the Samoa Observer on Friday night, who added that the application will be filed by their lawyers on Monday. 

Electoral Commissioner Faimalomatumua Mathew Lemisio invoked his powers under the Constitution on women representation when he certified the election of six Members-elect from the by-elections as well as two women candidates who contested under the Human Rights Protection Party (H.R.P.P.) banner.

Faimalo officially resigned from his position at the Office of Electoral Commission on Wednesday, but his decision late Monday evening before his exit two days later incensed senior members of the four-month-old Government.

FAST party advisors say that for Faimalo to go ahead on both counts to issue election orders signed by the Head of State, His Highness Tuimalealiifano Vaaletoa Sualauvi II is illegal and will be questioned in court.

La'auli said there are a lot of "uncertainties" that come with the appointment and the party needs clarification from the court on the timing of the appointment and the "correct calculations."

"We will file a motion on Monday," said La'auli. "The caucus unanimously agreed on Thursday night to challenge the appointment of the two women added by the Office of the Electoral Commissioner.

"There are still a lot of questions that need to be answered and the basis of that appointment is very questionable. 

"There seems to be a lot of confusion there with how they calculate the percentage of votes earned by women and how women are appointed. 

“In the April's election, there were no decimals when the calculations were done as the O.E.C. rounded all the decimals to whole numbers. 

"However, they have used decimals for the by-elections. There needs to be a clear explanation of these things. "

The timing of the appointment was also being questioned by the governing party, said La'auli. 

"My interpretation and understanding is that the appointment should be made after all the by-election related issues are done with and has been settled,” he said.

"We don't know yet if there will be any election petitions which then can trigger other by-elections. 

We are confused and that's why we are challenging this decision. They need to clarify those things."

La'auli then expressed his disappointment at the outgoing Electoral Commissioner, Faimalo  who tendered his resignation on Wednesday after he announced the appointment of two women M.P.s on Monday night. 

Faimalo's resignation became effective immediately as he took up the role of Deputy President for the Land and Titles Court.

La'auli accused Faimalo of "deliberately" activating the quota system "because he knew he was leaving."

"It was like a hit and run case," said La'auli. "He left right after he made the appointment. It's obvious that they must have planned for this to happen, which is unfair for the other women candidates. 

"He did this because of his political bias and it shows that he has no integrity and respect for our electoral system. It's very disappointing."

The activation of the 10 per cent constitutional requirement for women M.P.s in Parliament, saw two women Human Rights Protection Party (H.R.P.P.) candidates make up the six women representatives in the House. 

In a warrant of election signed by the Head of State, His Highness His Highness Tuimaleali’ifano Vaaletoa Sualauvi II issued on Monday night, he confirmed two women candidates as Members-elect alongside six other elected Members of Parliament from the by-elections last Friday. The declaration by the Head of State of the two women Members-elect was made despite a declaratory relief filed by the O.E.C. last week before the Supreme Court – on whether the activation of the Constitution's Article 44 (1) deals with the results from the April general election, the by-elections or both. That hearing is pending in the Court for determination.

According to the final results released by the O.E.C. on Monday, Faagasealii had 35.9 per cent of the votes from her constituency while her H.R.P.P. colleague Aliimalemanu took a 40 per cent lead from the April general election.

The F.A.S.T. woman candidate for Anoamaa No. 2, Toomata Norah Leota won 35.4 per cent from the April general election and the Aana Alofi No. 2 candidate, Lolomatauama Eseta Mataiuli got 35 per cent at the conclusion of the by-election vote counting results.  

The declaration by the Head of State is good news for the H.R.P.P. as it boosts the total of the party's constituency seats to 22 with the Fa’atuatua ile Atua Samoa ua Tasi (F.A.S.T.) in the lead on 31.