A declaratory motion filed by the Opposition in Court seeking declaratory orders to unseat Prime Minister Fiame Naomi Mataafa has been delayed pending an outcome of parliament sitting this week. 

Parliament is expected to decide if Fiame retains office until the 2026 General Election or if the nation heads to polls earlier than expected if a vote of no confidence motion succeeds and the cabinet remains as caretaker government until then. 

The Human Rights Protection Party (HRPP) sought declaratory orders from the Supreme Court for Fiame to vacate her office claiming she does not demand the confidence of the majority. 

Lawyer Fuimaono Sefo Ainuu represented the HRPP and cited Fiame as the first respondent.

Assistant Attorney General, Letoafaiga DJ Fong acted for the Prime Minister while Muriel Lui represented the Fa’atuatua ile Atua Samoa ua Tasi (FAST) party. 

Speaker Papalii Lio Masipau is the third respondent represented by senior lawyer, Taulapapa Brenda Heather Latu. 

Chief Justice Satiu Simativa Perese presided over the matter on Monday morning. 

Letoafaiga told the court given the current situation could the parliament deal with the matter and have it re-mentioned after Tuesday’s sitting. 

He noted they will be in a better position after sitting on Tuesday and alternatively, the applicant might not want to proceed with the matter. 

Ms Lui agreed that whatever the results of the parliament sitting she believes the motion might be mooted. Taulapapa acting for the Speaker was in agreement with the position. 

Chief Justice Perese said the issue is fundamentally for parliament to decide and will have the matter lie in court meaning the parties do not have any further steps to take at this stage. 

The matter will be called again on Thursday.

In a statement of claim filed before the court on 13 February 2025, the HRPP sought several orders from the court including the vacation of the Prime Minister’s Office. 

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.  

It noted the consequences of a vacancy in the Office of the Prime Minister under Article 66(2) of the Constitution may now take place. 

The grounds advanced by the HRPP refer to the Supreme Court having the jurisdiction to uphold the Constitution. 

It also argued that Article 32(2)(a) requires that the MP appointed as the Prime Minister commands the confidence of a majority of MPs, however since 21 January 2025, Fiame as the Prime Minister no longer commands the confidence and full support of the 35 MPs who comprise the FAST party, the ruling party in government.