Speaker pleased with ruling
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The integrity of the Parliament of Samoa was upheld and shown new directions to remedy a legal oversight said the Speaker of the House, Papalii Li'o Ta'eu Masepa'u as he welcomed a decision by the Court of Appeal to end the suspension saga of two members of parliament.
He further said he will not resign from his parliamentary seat stressing that he is not being penalised by the Court of Appeal but instead, the money to be paid is court cost.
The two MPs Tuilaepa Sailele Malielegaoi and Lealailepule Rimoni Aiafi on Monday afternoon called on the Speaker to resign, saying the court had fined him, when in fact the court had ordered him to pay costs.
In an interview with the Samoa Observer, Papalii said he welcomed the decision by the court with open arms. Despite losing, he can uphold the integrity of the court and make sure that no one disrespects that.
"I am not being penalised and that's something they do not understand," he said.
"The speaker is not being penalised because the court cost is not the same as penalty or fine and also because it is not a criminal matter or charges. It's a civil matter."
Asked if the court cost would be paid from his pocket, Papalii said it would be paid by the Parliament as the decision for the appeal was of the parliament and for its integrity.
"These are matters about parliament and for the integrity of parliament so I am here as a speaker of parliament not for myself alone.
"As for the case decision alone, I have to say I am one hundred per cent happy that despite the results, something greater has born out of it and that is upholding the integrity of the parliament so no one disrespects it."
In response to the ruling, Papalii said in a statement that after reviewing Parliamentary records, it appeared to his office that the Parliament suspended the operations of a local newspaper for three months in 1986, and had subsequently voted to suspend Members of Parliament for Contempt in 1990, 2004 and 2020 under the authority of Standing Orders.
The point of the decision is fairly straightforward, and the court having reviewed the Constitution and early legislation, decided that the deficiency in the law is simply that successive governments acted by Standing Orders, rather than by Act, such as a specific provision in the Legislative Assembly Powers and Privileges Ordinance 1960.
Papalii said the Parliament would act quickly to remedy this for a smoother functioning parliament.
The case started from the initial suspension of two MPs after they uttered comments deemed to be in contempt of Parliament in 2021. It ended with the Court of Appeal giving its decision on Monday.
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