Samoa's Human Rights Protection Party is yet to indicate if it will elect an interim leader to be the official Opposition Leader, after the Parliament Speaker said the suspended Lepa M.P. is not recognised.

H.R.P.P. leader Tuilaepa Sa'ilele Malielegaoi was suspended by the Legislative Assembly for two years last month with Papali'i Li'o Masepau telling the Samoa Observer on Thursday that by virtue of his suspension, the veteran politician cannot and is not officially recognised as Samoa's Opposition Leader.

Attempts by this newspaper to get a comment from the Deputy Leader of the Opposition party, Lauofo Pierre Lauofo on Friday to advise if he was now the Opposition Leader were unsuccessful. 

However, Lauofo in an interview with Newsline on Thursday night said last week's resignation of two former H.R.P.P. Members Ale Vena Ale and Tu'uu Anasi'i Leota had united the party's members more than ever. 

He said that there is still unity within the party and that they still trust and support Tuilaepa as their leader. 

Lauofo further added that the resignation of Faleata No. 4 M.P. and Siumu M.P. "did not come as a surprise" for the party and its membership and confirmed that the party is currently reviewing some of its policies and constitution. 

However, he did not say if the party is looking at selecting an interim leader with Tuilaepa currently suspended. 

Lauofo also refuted claims by the two former H.R.P.P. members that the former prime minister can no longer be trusted to lead the party. 

"That is their own perspective," Lauofo said. "The party still trust and support our current leader. The party will meet sometime soon to review some of our policies and improve other things within the party ahead of the next election."

The deputy party leader then called on to the Speaker of the Legislative Assembly to act on the matter and call for the vacation of seats for the two M.P.s. 

"The law and constitution is clear. From my interpretation, once you resigned from a party, you vacate your seat and have a by-election."

He then made reference to article 142 of the Electoral Act saying the Speaker of the House should immediately act on the matter. 

"I don't understand why he wants to wait until parliament convenes. This is not a matter that needs to be voted in chamber.

"The two members held a press conference to announce their resignations from the party and was aired on different media outlets. 

"They even submitted their resignation letters to the leader of our party and the leader already wrote to the Speaker informing him of the resignation of the two MPs. 

"So he has all the evidence to act on the matter; there's no need to wait or refer it to parliament."

Article 142 of the Electoral Act states that: "If and as soon as the Speaker has reason to believe that a Member’s seat has become vacant on the grounds set out in section 141, the Speaker must charge that Member with that vacation, and if the Legislative Assembly is then sitting must do so orally in the Assembly. 

"(2) If a Member other than the Speaker charges any other Member for vacation of his or her seat pursuant to section 141, the Member must in accordance with Standing Orders of Parliament do so. 

"(3) If a Member charged under this section does not admit to the charge in writing, the Speaker must refer the charge to the Supreme Court by motion, and it is to be determined by the Supreme Court pursuant to Article 47 of the Constitution of the Independent State of Samoa 1960."

The Speaker earlier this week announced that the matter should be presented before the Legislative Assembly in its meeting on December 20 for a "just decision" on the matter. Papali'i denied defending the two Members. 

On the other hand, the Office of the Electoral Commission (O.E.C.) is waiting to hear from the Speaker of the House before it can consider activating the process for by-elections in the Faleata No. 4 and Siumu constituency seats. 

The Acting Electoral Commissioner, Lefau Francis Ainuu says the normal process will kick-in once the Speaker issues a writ advising of a vacant seat to automatically trigger the conducting of a by-election.