The Appeals Court of Samoa has ruled that the impromptu swearing-in of the FAST party as the winner of Samoa’s general election on 24 May was legitimate.
As such, Fiame Naomi Mata’afa daughter of Samoa’s first Prime Minister since independence, becomes the first woman Prime Minister of Samoa.
The Appeals Court found the 24 May swearing in satisfies the requirements of the Constitution as a legitimate convening of the Legislative Assembly.
It added that the previous ruling of the Supreme Court, which did not recognize FAST’s swearing in, relied upon the good faith of other actors who are obligated under the Constitution.
The court’s findings regret that reliance on that good faith was misplaced.
The ruling concludes with a recognition of “the swearing in carried out on 24 May 2021 at the Tiafau Male of elected members of parliament, to be consistent with the terms of the Constitution, the Supreme law of Samoa, and therefore lawful.”
The judgement was signed by Chief Justice Perese, Justice Tuatagaloa and Justice Tuala-Warren.
It has been more than 100 days since the 9 April election. FAST Party founder and deputy leader La’aulialemalietoa Leuatea Polataivao Schmidt says they will work to ensure a smooth transition of power.
“Today the court of Samoa has declared the FAST Party the new government. And the doctrine of necessity has now been honored and the new government starts from the 24th of May since we had that swearing-in.”
New Zealand’s Prime Minister Jacinda Adern commented: “It was such a pleasure to speak this morning with Samoa’s Prime Minister Fiame Naomi Mata’afa and congratulate her on behalf of New Zealand on her election victory. This is such a historic moment of Samoa’s democracy.”
She said: “New Zealand has a special relationship with Samoa based on our history and our Treaty of Friendship, and I’m looking forward to continuing to work together on the challenges we’re both facing. Our warm congratulations again!”
And from Australia: “Australia congratulates incoming Prime Minister Fiame Naomi Mata’afa and looks forward to working closely with her government to strengthen our longstanding partnership.”
“We commend the institutions of the Samoan Government and the Samoan people for their patience and for allowing the democratic, constitutional and legal processes to take their proper course. Following this final decision of the Court of Appeal it is important that all parties in Samoa respect the rule of law and the democratic process and comply with the directions of the Court. We look forward to all of Samoa’s elected members participating actively in the new Parliament.”
Pacific Forum Secretary General Henry Puna wrote from his office in Suva: “I offer my congratulations to the Hon. Fiame Naomi Mata’afa on being confirmed as the Prime Minister of Samoa. As Samoa’s first woman Prime Minister, it is a historic moment for Samoa, and our Forum family.”
“I urge all parties involved to continue to uphold the rule of law and carry out the necessary steps to ensure the peaceful transfer of power,” Secretary-General Puna said.
Even though there has not been any official statement from the caretaker Government they will concede defeat and will vacate the seat of power, there is a general feeling in the country that the end has truly come to Prime Minister Tuilaepa’s 22-year rule.
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