The Supreme Court in Samoa has dismissed the attorney general's attempt to have a challenge to the addition of an extra women's seat in parliament thrown out.
The FAST party, which is locked in a 26-seat deadlock with the Human Rights Protection Party, was challenging the electoral commissioner's decision to add the seat, which went the way of the caretaker HRPP government, creating the deadlock.
The constitution provides that 10 percent of parliament's seats be reserved for women, but it also specifies that that is five seats. This is the crux of the argument -- the election saw five women elected, or 9.8 percent.
The court will deliver its interpretation of the section which was invoked to appoint Aliimalemanu Alofa Tuuau as the country's sixth woman MP next Monday.
But on Tuesday, the head of state, Tuimalealiifano Vaaletoa Sualauvi II, announced that a second election would be held to break the deadlock.
The Attorney General, Savalenoa Mareva Betham-Annandale, acting on behalf of the Office of the Electoral Commission, argued that with a new election announced, there was no point in proceeding with the challenge, because April's election results were now void.
The FAST party is also challenging the legality of the head of state's decision in court, arguing that he acted against the constitution. This case will have its first mention at 3 o'clock on Friday afternoon.
Meanwhile, a protest erupted outside the Supreme Court in Apia on Friday against the head of state's edict. About 200 protesters were outside the court supporting the FAST party's challenge.