The Human Rights Protection Party (HRPP) is seeking to activate the constitutional 10% quota for women in Parliament. The opposition party filed a motion in the Supreme Court of Samoa to enforce the provision stating it is time for the required minimum number of women representatives to be met.
The matter was presided over by Supreme Court Justice Leiataualesa Daryl Clarke on Monday.
Savalenoa Mareva Betham-Annandale appeared as Counsel for HRPP, while Attorney General Su’a Hellene Wallwork represented the Office of the Electoral Commissioner.
Mauga Precious Chang and Muriel Lui appeared on behalf of the FAST Party.
In her submissions, Ms. Annandale argued “that Article 44 should be activated after the General Election – once votes are counted but before the Electoral Commissioner submits the official report to the Head of State and the warrant of election is publicised.
However, the first respondent, Attorney General Su’a Hellene, on behalf of the Electoral Commissioner, opposed the application.
She argued the Court of Appeal has already ruled that the activation of Article 44 must occur only after all electoral petitions and any resulting by-elections are completed.
The AG further stated that HRPP’s application is therefore premature.
Counsel for the FAST Party, Mauga Precious Chang, told the court that their position aligns with the Attorney General’s submission, adding that the application should be dismissed.
Out of the 26 women who put their hand up to enter Parliament, five emerged victorious with solid wins in their respective Constituencies at the August general election. One woman, Hon Seve Anapu Fuimaono Te’i, however, has since lost her seat in a post election petition.
5 women secured solid wins at the 2025 femrra Elections.
Samoa’s constitution requires a minimum 10% women in Parliament. The Court of Appeal ruled that 6 women are required to legally satisfy the intention of the Constitutional provision.
The additional women will be decided from the candidate with the highest percentage of votes.
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At present that candidate is Aliimalemanu Alofa Tuuau of HRPP. However, if women should run in the by-elections then their results would have to be considered hence the COAs decision as to the right time to effect Article 44.
Justice Leiataualesa informed all parties that he will issue his decision before the Christmas break.
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