The Speaker of the House, Papalii Lio Masipau has confirmed that the two additional women appointed to Parliament, will not be sworn-in next week when the seven other Members-elect take their oath. 

Speaking to the Samoa Observer, Papalii said the swearing-in of the two women will be deferred until a legal challenge into the activation of Article 44 (1a) by the Office of the Electoral Commission (O.E.C.) is determined by the Supreme Court. 

“There is a Court of Appeal decision that makes it clear the awarding of the additional seats is activated once all by-elections and petitions are settled,” said the Speaker. 

“I am aware there are petitions from the recent by-elections so the results from the by-elections are not yet finalised…the activation of the provision was premature.” 

Papalii added that only the Members-elect from the seven constituencies will take their oath of allegiance when the Parliament convenes on Tuesday next week. 

The two additional seats were given to two women candidates who contested under the Human Rights Protection Party (H.R.P.P.) banner and collected the most votes in terms of percentage: one won the most votes in percentage in from April’s General Election and the other from the recent by-elections. 

They are Aliimalemanu Alofa Tuuau and Fagasealii Sapoa Feagai which upon the announcement by the O.E.C. boosted the seats for the H.R.P.P. to 22.  

The decision by the Speaker follows the issuing of a warrant of election last month by the Head of State, which included the two additional women from the former ruling party. 

The Electoral Commissioner, Faimalomatumua Mathew Lemisio activated Article 44 (1a) on 29 November after the final count of ballots for the by-elections.

His actions were seen to be contrary to a decision of the Court of Appeal in June that ruled “a) Article 44(1A) is ambiguous as to the ideas that it promotes but the prevailing requirement for a minimum of 10 per cent women representation means there should be 6 women. 

“b) Article 44(1A) should be activated by the Electoral Commissioner; c) This should be done after the final count of ballot papers and before reporting to the Head of State; d) This can only be done after the petitions and by elections when it can be confirmed that there is a need for Article 44(1A) to be activated.” 

A female candidate from the Fa’atuatua ile Atua Samoa ua Tasi is challenging the calculation and the timing of the activation of Article 44 (1a). 

Two unsuccessful F.A.S.T. candidates are also petitioning the winners from their respective constituencies. 

The Attorney-General has welcomed any challenges to the decision by the Electoral Commissioner to invoke that constitutional provision on women representation in the parliament.