The Human Rights Protection Party's (H.R.P.P.) Deputy Leader, Fonotoe Pierre Lauofo, has rejected suggestions the party is not following the rule of law. 

Speaking on Friday, Fonotoe responded to statements made by H.R.P.P.'s rivals to form Government, the Faatuatua ile Atua Samoa ua Tasi (F.A.S.T.) party, to say that his party is “following due process.”

“We must respect the constitution and the rule of law,” he said on the Magic F.M. radio’s Good Morning Show.

“It must be followed and the caretaker Government right now is allowed under the Constitution. It is enabled by the Constitution.

“The Court of Appeal has said that there must be six women, not five. And say we convene Parliament tomorrow, as an example; there are not enough women to make up six, as the Constitution says. 

“So a Government that convenes Parliament and swears in Members without the numbers prescribed by the Constitution, I believe that is a Parliament that does not align with the Supreme Law. 

“So they cannot swear in anyone and any other so-called Government is illegitimate. This is the only Government that is recognised under the Constitution.” 

Currently, both the H.R.P.P. and newcomers, Fa’atuatua i le Atua Samoa ua Tasi (F.A.S.T.) party are claiming they are the official Government of the nation following the swearing-in of Samoa’s first elected woman Prime Minister, Fiame, outside Parliament last month under a tent, as Tuilaepa refuses to relinquish power insisting the ceremony was illegal.

The matter will be called in court next week to determine its legitimacy.

Asked about a video circulated online by H.R.P.P. non-supporters calling out the caretaker Prime Minister for comments he made in 2019 that there must be five women in Parliament, Fonotoe said the Court of Appeal has clarified that matter.

“And remember, last year, the last Parliamentary term, there were only five women and the 10 per cent minimum requirement was invoked. Faaulusau Rosa Stowers was appointed by the Electoral Commissioner to make up five women in Parliament in the last term,” he said.

“And the reason for that, we had only 49 seats during the last Parliamentary term. And 10 per cent of 49, is why we have five; so at that time, five is correct.

“This Parliamentary term, the number of Members has increased to 51 and that’s the reason why [the number of women required] has increased to six.

“And in the same decision, the Court of Appeal has said to finish the election petitions first before activating or to trigger the Article 44 that allows the extra woman.

“So we have to follow the Court of Appeal’s decision.”

Only three out of 28 petitions, each with a counter petition, have been heard at the Supreme Court so far.

In a video circulated online, Tuilaepa Dr. Sailele Malielegoi whilst speaking on the additional women’s seat matter, specifically said that as long as there are five women elected in the General Election there is no need to invoke the Constitutional requirement to add another woman.

Non-supporters pointed out the video online and called out the inconsistency with H.R.P.P.’s fight to have a sixth woman in Parliament, which was activated on April 20 when the Head of State issued a warrant of election for Aliimalemanu Alofa Tuuau of Alataua Sisifo as the 52nd M.P.

In late May, the Court of Appeal overturned a decision from the Supreme Court concluding that the constitutionally mandated minimum proportion of women M.P.s under the constitution of 10 per cent has the legal meaning of six, not the earlier defined five.

Fonotoe’s comments come a day after the F.A.S.T. party backed down from a planned take over at the Fiame Mata'afa Faumuina Mulinuu II (FMFMII) building in Matagialalua, in order to maintain the peace.

A planned move was a resort by F.A.S.T. after a 48-hour deadline given to the caretaker administration to vacate the offices expired on Wednesday evening.