Chief Justice Satiu Simativa Perese granted the Human Rights Protection Party's (HRPP) application to withdraw a declaratory motion they had filed before the Supreme Court on Thursday. 

The motion, initially brought by the opposition party, sought to have Prime Minister Fiame Naomi Mata'afa vacate her office, claiming she no longer had the support of a majority of members in parliament.

HRPP lawyer Fuimaono Sefo Ainu'u informed the court that the matter had already been addressed by the Legislative Assembly on Tuesday. 

The parliament had conducted a vote of no confidence confirming Fiame still commanded the majority.

"The Legislative Assembly on Tuesday has answered the question which we had presented before the court," Fuimaono told the court. 

As a result, the opposition party sought to withdraw the motion they had filed.

Assistant Attorney General Letoafaiga DJ Fong appeared on behalf of the Prime Minister, while Muriel Lui represented the Fa'atuatua i le Atua Samoa ua Tasi (FAST) party. Speaker of the Legislative Assembly, Papalii Lio Taeu Masipau, was the third respondent and was represented by senior lawyer Taulapapa Brenda Heather Latu.

While all defence counsels did not oppose the HRPP's application to withdraw the motion, they argued that the opposition party should be held accountable for the costs incurred by the respondents in preparing for the proceedings. 

The defence counsels noted that significant time and effort had been expended on research and preparation, which would now be rendered unnecessary. Some described the motion filed by the HRPP as "pointless and unnecessary," arguing that such matters were within the purview of parliament, not the courts.

Fuimaono, however, defended the opposition party’s position, explaining that there were uncertainties and constitutional questions regarding the Prime Minister’s majority support. 

He cited the Speaker's previous announcement in parliament where he stated that no motion for a vote of no confidence would be entertained in the legislative body, which led the HRPP to seek the declaratory order in court. 

Fuimaono further argued that members of the FAST party had publicly stated that they no longer supported the Prime Minister, raising doubts about whether Fiame still had the majority support required by the Constitution.

He further informed the court that the opposition party had put forth a formal request to the Speaker of the House for a motion of no confidence in Parliament and it was granted after they had brought the matter before the court. 

He stated that his client did not think the Speaker would have granted their request after his previous announcement.
"Thankfully, he accepted the motion."

Letoafaiga agreed that the matter at hand was indeed a constitutional issue but he disagreed with Fuimaono’s claim that the only opportunity for a vote of no confidence had been through the HRPP's motion. 

He maintained that the issue had always been one for the Legislative Assembly to resolve and that parliament had already acted when the motion was carried out on Tuesday.

Similarly, Muriel Lui echoed the sentiment that the proceedings were unnecessary, emphasising that the HRPP's motion had forced counsels to spend valuable time preparing responses and conducting research, only for the opposition party to withdraw the motion.

Chief Justice Perese ultimately granted the HRPP’s application to withdraw the proceedings but reserved the question of costs. 

The Chief Justice reaffirmed the judiciary’s commitment to protecting the Constitution, emphasising that any constitutional questions that require clarification would be addressed expeditiously by the court. 

He also commended Fuimaono for filing the application "properly" acknowledging that issues related to the Constitution should always be given the attention they deserve.