The nation's first elected female Prime Minister, Fiame Naomi Mata’afa, was sworn in outside Parliament on Monday evening in a historic and extraordinary moment in Samoa's democratic history. 

The leader said the unprecedented ad-hoc ceremony - held underneath canopies outside Parliament - reflected the urgency with which the party, which now commands a majority of seats in the legislature, had to act to preserve the constitution and rule of law of Samoa.

Both the nation's founding legal document and the Supreme Court required that Parliament sit by Monday, 45 days after last month's election - the latest possible period allowed by law. 

The afternoon ceremony took place underneath canopies that had been set up in anticipation of the swearing-in. The event was canceled in an edict ordering the building be locked down issued by the Speaker of the previous Parliament, Leaupepe Toleafoa Faafisi. 

After the 26 members of the party moved and passed a motion, the ceremony was overseen by the former Attorney-General Taulapapa Brenda Heather-Latu.

Unlike custom and according to the constitution, the Head of State was absent while 26 members of the Faatuatua i le Atua Samoa ua Tasi (F.A.S.T) Parliamentary party were sworn in.

Fiame said the convening of the Legislative Assembly was done out of the “principle of necessity” due to military-like restrictions that had barred proceedings inside the House.

The ceremony was also conducted after Parliament was ordered to convene by the Supreme Court in order to maintain the national constitution and a requirement that the Legislative Assembly sit within 45 days of a national election. 

An earlier attempt to suspend Parliament in an apparent breach of the constitution was ordered late at night by the Head of State on Saturday, but that ruling was overturned early on Sunday, before Leaupepe's later intervention. 

In an interview with the media after taking her oath, Fiame said the sitting, although held outside Parliament, was to ensure the constitution was upheld.  

She said the restrictions they faced on Monday outlawing the Parliament from sitting as directed by the court were actions similar to those in countries ruled by military force. 

“The sitting was done based on the principle of necessity to restore law where there are intervention to stop normal procedures,” Fiame said. 

“The truth is the ceremony today is to meet the constitutional requirement, especially orders [from Court] directing that Parliament must convene and it is something that has to happen and should be done. 

“F.A.S.T. has 26 elected members and they have the numbers to form Government but ever since the election there [have] been [interventions] to prevent elected representatives of the country to enter the Parliament.”

Fiame said she was not bothered by the prospect of her political rivals challenging the legality of Monday's sitting in court. 

“Samoa is a free country and there is no doubt that is the next step,” she said. 

“But the results of the 9 April election cannot be ignored. The country has decided and it wasn’t easy but the truth is the country has chosen F.A.S.T.” 

(The legal doctrine of necessity is a term used to describe the basis on which extraconstitutional actions are taken to restore order or stability. If they do so they are found to be constitutional even when such actions are normally in contravention to established norms or conventions.)

In an extraordinary scene earlier in the morning a procession of members of the Judiciary led by the Chief Justice, His Honour Satiu Simativa Perese, walked from the courthouse to Parliament's doors only to find them locked. 

The Chief Justice retreated and walked back to the Court House followed by all judges including those from the Land and Titles Court.    

 F.A.S.T.'s rivals, the Human Rights Protection Party (H.R.P.P.), lost four consecutive court showdowns last week, including the quashing of an order by the Head of State suspending Parliament without stating reasons until "due course". 

The Head of State did appear at the ceremony to play his constitutionally mandated role of swearing in new members, an absence which the H.R.P.P. will now seek to use to challenge the validity of Fiame's swearing-in.

But despite being locked outside and the absence of appointed positions and dignitaries to carry out the ceremony, the party went ahead all the same.  

The Clerk of the Legislative Assembly, Tiatia Graeme Tualaulelei arrived shortly thereafter apologising to the crowd that Parliament could not convene. 

Tiatia made it known that he was “constrained” from any further actions saying that he was subject to instruction from his superiors. 

In addition, he said that Parliament could not sit due to the absence of the Head of State and orders from the outgoing Speaker on Sunday to postpone parliament sitting. 

He also said that the swearing-in would not be recognised if it does not comply with a constitutional requirement for the Head of State to officiate the swearing-in of the Speaker and Deputy.

The only exception to the Head of State's constitutional requirement to be present at a Parliamentary swearing-in is if "the Chief Justice is satisfied by evidence that the Head of State is for some definite cause not available for the performance of those functions". Typically these reasons involve mental or physical incapacity.

It is not known by the Head of State has not followed a court ruling to convene Parliament and he has not spoken publicly on his attempted suspension of Parliament, by providing reasons for issuing it, or commenting after it was overturned. 

Fiame was sworn in outside Parliament at Malae Tiafau, Mulinuu in full view of more than 200 people who had gathered to witness the event. 

The 26 F.A.S.T. members took their sworn oaths after 5 pm. 

Fiame noted the issues raised by the Clerk informing him that the court has ordered Parliament to convene and should be done to fulfill the Supreme Law.

She asked him if Parliament did not sit on Monday then what would that take place.

Taulapapa made reference to warrants of appointment made by the Head of State last week announcing victorious candidates and their constituencies. That was issued just prior to his attempt to revoke his own warrants on Saturday. 

This was followed by the swearing-in of F.A.S.T.'s nominated Speaker, Papalii Lio Masipau and Deputy Speaker, Auapaau Mulipola Aloitafua. 

Subsequently, the elected members from F.A.S.T. took their oath of allegiance and then the appointment of Fiame as the elected Prime Minister. 

She also named her Deputy and Cabinet Ministers that were called out and received clapping from the crowd. 

The swearing-in ceremony that ended after 8 p.m. last night concluded with relatives of F.A.S.T. party and their supporters flanking the elected members with ula lei. 

 Below are the appointed Cabinet Ministers and their portfolios announced by the elected Prime Minister. 

1. Elected Prime Minister, Fiame Naomi Mata’afa; Minister of the Ministry of the Prime Minister and Cabinet, Foreign Affairs, Attorney General’s Office, Ombudsman, Public Service Commission 
2. Deputy Prime Minister, Tuala Iosefo Ponifasio; Ministry of Revenue, Auditors and Comptroller Office  
3. Minister of Agriculture, Laauli Leuatea Schmidt; Scientific Research of Samoa, Samoa Trust Estate Corporation 
4. Minister of Public Enterprises, Leatinuu Wayne Sooalo; Ministry of Commerce Industry and Labour, Samoa Airways 
5. Minister of Health, Valasi Tafito Selesele; National Kidney Foundation and Oceania University of Medicine
6. Minister of Works Transport and Infrastructure, Olo Fiti Vaai; Samoa Ports Authority, Land and Transport Authority, Electric Power Corporation, Pacific Forum Line 
7. Minister of Natural Resources and Environment, Toeolesulusulu Cedric Schuster; Samoa Tourism Authority and PUMA 
8. Minister of Police, Faualo Harry Schuster; Fire and Emergency Services Authority, Office of the Electoral Commission 
9. Minister of Finance, Mulipola Anarosa Molioo; Central Bank of Samoa, Development Bank of Samoa, Samoa Life Assurance Corporation and Public Trustee Office 
10. Minister of Education Sports and Culture, Seuula Ioane; National University of Samoa, Samoa Qualifications Authority 
11. Minister of Communication Information and Technology, Toelupe Poumulinuku Onesemo; Legislative Assembly and Radio 2AP 
12. Minister of Women Community and Social Development, Leota Laki Sio 
13. Minister of Justice Courts and Administration, Matamua Vasati Pulufana