Senior Lawyer, Taulapapa Brenda Heather Latu has confirmed that the Electoral Court has granted an appeal by the Human Rights Protection Party Member of Parliament Aliimalemanu Alofa Tuuau challenging the court’s decision in appointing Toomata Nora Leota as MP.
Taulapapa further confirmed that a cross-appeal by the Faatuatua ile Atua Samoa ua Tasi-FAST party MP To’omata has also been filed, challenging the constitutional amendment including the 10% quota formula for women MP’s.
Taulapapa said they had to ask for leave from the Court which dealt with the matter in the first place due to public interest.
The appeal and cross-appeal have been accepted and it is now just a matter of when it will be heard before the Court of Appeal, and that it may be on the Appeal’s Court Calendar in November when the Court of Appeal sits.
In May 2022, the Court ruled in favour of Toomata, Aliimalemanu and another woman MP Faagasealii Sapoa Feagai and ordered the Speaker to swear them in as MP’s, following the legal battle by both parties.
The decision noted Aliimalemanu and Faagasealii to be sworn in as additional members pursuant to Article 44 (10), 44 1a (b) and 44 1b of the Constitution, which is the 10% formula.
In the case of To’omata, she was appointed an additional MP under Article 1a (b) and 44 1e of the Constitution.
The same month, the three women were sworn in as additional MP taking the number of women in Parliament to 7 and the number of Parliamentarians to 54. Toomata and Aliimalemanu were unsuccessful during the general election last year.
