The doors of the judiciary are being knocked on once again. This time the Human Rights Protection Party is at the door and they want to remove Prime Minister Fiame Naomi Mataafa claiming she no longer commands the majority.

There is a little over a year left for the general elections and a little less than that for the parliament to be dissolved for election preparations. This is a move by the HRPP to try and see if they can return to power before the general elections. The party realised the friction in the Faʻatuatua i le Atua Samoa ua Tasi has voters divided and the best time to move back into power.

The HRPP is doing it the way they think is the best, getting the courts to define if Fiame can remain, prime minister, because she presumably no longer commands the majority. There is the FAST government led by Fiame and then, there is the FAST party under the leadership of La’auli Leuatea Schmidt.

The HRPP will not ask for a motion of no confidence because they know if the motion is put on the floor, none of the FAST members, either the FAST government or FAST party will vote in favour because they want to hold on to power until it is time for general election. The FAST members will bicker and fight amongst themselves but would unite to vote not in favour of a motion of no confidence.

Don’t you think La’auli would have made the move if he thought this would be possible? Instead, he expelled Fiame and five cabinet ministers but this backfired because of the laws. There is nothing in the legislation that states that the expulsion from the party would render Fiame’s seat vacant or remove her as the prime minister.

HRPP knows that very well and they are trying the only way they know to remove Fiame and hope that a snap election is called.

According to the statement of claim filed on 13 February 2025, the opposition alleges Fiame’s decision to continue in the position of Prime Minister with the support of only 14 of the 53 members of parliament (MP) as a minority government, is a continuous breach of Article 32(2)(a) of the Constitution. 

This section deals with the appointment of the cabinet and 32(2)(a) with the appointment of the prime minister. It states: “The Head of State shall appoint as Prime Minister to preside over Cabinet a Member of Parliament who commands the confidence of a majority of the Members of Parliament.”

The Editorial Board is not a legal expert but isn’t there a cabinet in existence already and a prime minister appointed four years ago under this particular section of the Constitution and applicable when appointing a cabinet after a general election? If anything, the laws about the removal of the prime minister are set out in black and white and there is nothing that says Fiame should resign or be removed because she has fallen out of favour from the ruling party.

Article 33 of the Constitution is very clear about the vacation of seats. But at the end of the day, the HRPP has all the rights to seek clarification from the courts and is exercising that right. The law is a wonderful thing.

The HRPP also said that Speaker Papalii Lio Masipau on 21 January 2025 would not entertain a vote of no confidence, so no vote of confidence took place. Indeed, the Speaker did not entertain a vote of no confidence and this was reflected in a letter he wrote to Fiame stating he would not accept a proposal for a vote of no confidence as it was a party matter not Parliament.

The papers have been filed in court and a legal battle now ensues questioning if the prime minister should be removed.