The Court of Appeal in Samoa says its ruling from the 2nd June on the 6th women's seat cannot be used to delay the convening of parliament.
The court had said a 6th woman is required to satisfy the constitutional requirements but that any decision on this be delayed until after the electoral petition process is complete.
The caretaker HRPP party, which lost the election on April 9th to the FAST Party by one seat, had used this decision to justify delaying a parliamentary sitting.
The FAST Party this week sought a clarification from the Court of Appeal and its decision has now been made public.
The Court said the convening of parliament is mandatory under Article 52 of the Constitution, and that it did not declare that this was dependent on the activation of Article 44(1)(A), which determines the number of womens' seats.
It said there was insufficient evidence before the Court to determine whether any of the persons who have provided interpretations contrary to this were made maliciously, carelessly or otherwise.