This undated handout photo received on April 18, 2021 from the Fa’atuatua I le Atua Samoa ua Tasi (FAST) political party shows party leader Fiame Naomi Mata'afa in Apia, the capital of Samoa. (HANDOUT / FA’ATUATUA I LE ATUA SAMOA UA TASI (FAST) / AFP)
SUVA – Samoa's Supreme Court on Sunday overturned the decision made by the Head of State Tuimalealiifano Sualauvi Vaaletoa II to suspend the parliament's scheduled sitting on Monday.
According to Samoa's English daily the Samoa Observer, after an urgent meeting attended by Chief Justice Satiu Simativa Perese, Justice Vui Clarence Nelson and Justice Tafaoimalo Leilani Tuala-Warren, the Supreme Court ruled that the head of state's decision on Saturday night is "unlawful."
The ruling Human Rights Protection Party (HRPP) led by incumbent Prime Minister Tuilaepa Sailele Malielegaoi and the Faatuatua i le Atua Samoa ua Tasi (FAST) party have been locked in a political stalemate after the general election which was held on April 9 this year
On Saturday night, Tuimalealiifano announced in a statement that he was suspending the parliament "pursuant to his constitutional authority". He did not say why he made such decision but said he would make his justification known in due course.
The Faatuatua i le Atua Samoa ua Tasi (FAST) party led by former ruling HRPP deputy Prime Minister Fiame Naomi Mataafa filed a motion early Sunday morning to overturn the head of state's proclamation.
The ruling Human Rights Protection Party (HRPP) led by incumbent Prime Minister Tuilaepa Sailele Malielegaoi and the FAST party have been locked in a political stalemate after the general election which was held on April 9 this year.
Previously, Tuimalealiifano issued a proclamation to convene the parliament on Monday, the 45th day after Samoa's April general election, as the island nation's constitution provides that the first sitting of parliament be within 45 days of the general election.
ALSO READ: Samoa set to appoint first female prime minister
On April 20, Samoa's Office of the Electoral Commissioner (OEC) announced that the threshold of 10-percent women representation in the parliament had not been met in this year's general election, with the ruling HRPP and the FAST party tied with 25 seats each in the parliament.
Aliimalemanu Alofa Tuuau from the ruling party had been elected on April 20 to the parliament through the statutory mandate ensuring 10 percent of the seats are occupied by women. Her election under the threshold put the HRPP ahead of the FAST with a 26-25 lead in the parliament.
But on April 21, the ruling HRPP and the FAST had been tied on 26-26 seats again in the parliament after a newly-elected independent parliament member decided to join the FAST party.
In order to break the political deadlock, Tuimalealiifano on May 4 called for a fresh election by May 21, but the FAST disputed that the head of state had the constitutional authority to overrule the results of a democratic election and it filed the constitutional challenge against the OEC and the call for a fresh election.
On May 17, Samoa's Supreme Court overruled the call by the head of state for the fresh election and the decision by the OEC to add Aliimalemanu, the sixth woman MP, aligned to the ruling HRPP to the parliament.
READ MORE: Samoa in Christmas lockdown as measles deaths top 50
The court reinstated the results from April's election and ordered the parliament to convene within 45 days from the general election.
The ruling HRPP's appeal against the removal of Aliimalemanu as an additional member is pending before the Appellant Court, and if successful, would mean a return to the 26-26 seat deadlock between the two parties.
A ruling on this appeal is not expected until July. Also pending before the courts are the election petitions which are due to be heard in July or August.
Samoa has a population of more than 190,000. The nation's last general election was held in 2016 with the ruling HRPP winning a landslide victory.