The appeal lodged by the Speaker of the Parliament against the reinstatement of two senior members of the Opposition party is scheduled to be heard amongst eleven cases listed for appeal next week. 

Speaker of the House, Papalii Lio Masipau appealed the decision by the Supreme Court to nullify and make void the Legislative Assembly's resolution to suspend Opposition Leader, Tuilaepa Sailele Malielegaoi and Human Rights Protection Party secretary, Lealailepule Rimoni Aiafi for two years.

Former Attorney General, Taulapapa Brenda Heather-Latu and overseas counsel Benjamin Keith will be representing the Speaker when the matter is heard on Thursday 23 November. 

Fuimaono Sefo Ainuu, Robert Harrison and Robert Lithgow are acting for the veteran M.P. for Lepa and M.P. for Faleata No.3 in the proceedings. 

Papalii is questioning parts of the ruling that concern the “period of suspension” and the Standing Orders. 

In a press statement issued by the Speaker following the reinstatement of Tuilaepa and Lealailepule he said he understands and respects that the court was faced with exceptional circumstances but there are questions of law that the courts of Samoa have not previously considered. 

While the Speaker has welcomed the court's confirmation, that despite the arguments made by the two Members, the Parliament is entitled to "act firmly in the face of contempt". 

Papalii said he considers that the other parts of the court's decision —  in particular the rejection of the decision made by the Committee and the Parliament, without guidance as to how they should have responded to the Members' "reprehensible actions or could act in any future case" — raised important questions under the Constitution which need to be tested in court.

In July the Supreme Court overturned the Parliament’s power to suspend and exercised a penalty of two years against the senior politicians for contempt of Parliament. 

The opposition members also had their salary and benefits withheld for the term of their suspension.  

The Court overturned the penalty of two years suspension for the two Members of Parliament who were found guilty of Contempt of Parliament. The Court said it was unconstitutional and, for that reason, void. 

The Court repeated that the two Members' actions following the 2021 General Election were "reprehensible".

But the Court has held that the two-year suspension would deprive the Constituents of Lepa and Faleata No 3 of a voice for too long a period, though it has not said what period could or should be imposed or how any such period is to be determined.