The Supreme Court has void the indefinite suspension of the Opposition leader and his party secretary with the Legislative Assembly being given the option to revisit the motion. 

The decision was handed down by Justice Tafaoimalo Leilani Tuala-Warren this afternoon on behalf of Chief Justice, His Honour Satiu Simativa Perese and Senior Justice Vui Clarence Nelson. 

The Court considered the treatment of the veteran M.P. from Lepa, Tuilaepa Dr. Sailele Malielegaoi and party secretary Lealailepule Rimoni Aiafi's rights to natural justice were inconsistent with the rights preserved under the Constitution. 

"We accordingly declare that the part the Assembly's motion which purports to suspend the applicants is void as at the date of the declaration in this judgement," the ruling states. 

"It may be that the Assembly may wish to revisit the penalty aspect, consistently with the Constitution, but that is entirely a matter for that body. 

"However, as at the date of this decision, there is no lawful impediment in the way of the applicants resuming their duties as members."

Human Rights Protection Party (H.R.P.P.) leader, Tuilaepa and Lealailepule sought the Court’s intervention after the Legislative Assembly approved their indefinite suspension on 24^th May 2022. 

The Speaker of the House, Papalii Lio Masipau is the respondent in the matter. 

The Samoa Law Society joined the proceedings as a friend of the Court. 

The senior politicians indefinite suspension was a recommendation from the Privileges and Ethics Committee to the House after the parliamentarians were found to have been in contempt of Parliament. 

Deputy Prime Minister, Tuala Iosefo Ponifasio lodged the complaint with the Speaker against Tuilaepa and Leala alleging the members has brought disrepute to the Parliament and had breached their oath of allegiance. 

The senior parliamentarians have been vocal about their indefinite suspension arguing the decision is unconstitutional and denies their electorates representation in House debates. 

Lawyers QC Peter Lithgow and Aumua Ming Leung Wai represented the opposition M.Ps. 

New Zealand lawyer Benjamin Keith, Taulapapa Brenda Heather Latu and Matafeo George Latu acted for the Speaker. 

Tuilaepa and Leala were previously found guilty of contempt of Court but were not penalised by the Supreme Court due to an undertaking signed by the main political parties to maintain peace and harmony in the country after the political crisis. 

• This is a developing story.....