Supreme Court

Joseph Auga Matamata, 66, a chief, was convicted in March 2020 for bringing 13 Samoans to New Zealand and exploiting them for more than two decades. He was sentenced to 11 years in jail.

In April, he appealed his convictions arguing the trial judge had misled the jury over what constituted slavery, while the Crown appealed his sentence, saying it was too lenient.

But the Court of Appeal dismissed his bid in August. They also dismissed the Crown's bid to increase the man's 11-year sentence, but ruled he must serve at least five years in prison.

The Samoa Observer reports the two parties had already advertised their intentions to withdraw the election petitions with Tuisa agreeing to resign from office to trigger a by-election.

But when the matter was called on Monday to formalise the withdrawal of the petitions, the court denied the application and set a hearing date for the case.

It will now be heard on July 27th.

Tuisa, who is a lawyer by profession, is accused of six counts of bribery and two counts of influencing voters during polling day.

But it has also ruled that parliament must sit within 7 days, giving FAST the ability to declare government and be sworn in.

Currently FAST has 26 seats, while the caretaker HRPP government has 24.

However due to the political and constitutional impasse since April's general election, parliament has not yet convened.

The Appellate Court on Friday declared that the issue of a contentious sixth women's electoral seat could not prevent the convening of parliament.

The court on Sunday had declared the Head of State, Tuimaleali'ifano Va'aleto'a Sualauvi II, acted unlawfully on Saturday in suspending parliament.

The extraordinary session of the Supreme Court found in favour of the newcomer Fa'atuatua i le Atua Samoa ua Tasi (FAST) party's challenge to Tuimaleali'ifano's edict voiding his previous call for parliament to convene tomorrow.

FAST was expected to declare its majority when parliament met, and announce Samoa's first woman prime minister Fiame Naomi Mata'afa.

Without explanation, the Head of State Tuimalealiifano Vaaletoa Sualauvi announced he was suspending tomorrow's sitting of Parliament.

The opposition Fast party had been expected to secure a majority of seats when the assembly sat.

Fast's lawyer, Taulapapa Brenda Heather-Latu, told the Samoa Observer the suspension is unlawful and the party is seeking court orders to allow Parliament to re-convene tomorrow.

Our correspondent, Autagavaia Tipi Autagavaia is at the Supreme Court and said there are police covering all the entry points.

Announcing the second election earlier this month, Tuimalealiifano Vaaletoa Sualauvi II told Samoans it was the best way to break the political deadlock that emerged after last month's election.

However the court today found that he had no constitutional power to call for the election while outstanding matters relating to April's election were still unresolved.

This decision follows another ruling by the court earlier today which gave FAST an electoral majority, by voiding the addition of an un-elected extra women's seat.

It means the decision breaks a month-long deadlock from the April election, handing the newcomer FAST party a majority.

The electoral office last month added the extra seat purportedly to meet a provision in the constitution that 10 percent of seats are reserved for women.

That extra seat fell to the caretaker HRPP government, creating a 26-all deadlock.

But the Supreme Court today returned a unanimous verdict ruling that decision was unconstitutional.

The Supreme Court yesterday (Friday) heard challenges to the new ballot called last week by the Head of State, Tuimaleali'ifano Va'aletoa Sualauvi II.

Chief Justice Satiu Simativa Perese said the hearing would test the extent of the powers held by the Head of State - O le Ao o le Malo.

Tuimaleali'ifano called the vote on the advice of the caretaker Human Rights Protection Party (HRPP) prime minister Tuila'epa Sa'ilele Malielegaoi, purportedly to break the 26-seat each deadlock with the newcomer Fa'atuatua i le Atua Samoa ua Tasi (FAST) party.

The attorney general had attempted to have newcomer FAST party's challenge dismissed.

The FAST (Fa'atuatua i le Atua Samoa ua Tasi) party, which is caught in a 26-seat deadlock with the Human Rights Protection Party (HRPP), is challenging the electoral commissioner's decision to add the unelected seat, which went the way of the caretaker HRPP government, creating the impasse.

Chief Justice Satiu Simativa Perese allowed petitioners and respondents a further week to get their arguments and counter petitions in order.

The Electoral Commission and candidates from the incumbent HRPP and newcomer FAST parties are accused of breaches of campaign practices in the run-up to the election, which was nearly a month ago.