APPEAL -WINS AND LOSSES

HRPP Candidate, Aliimalemanu Alofa Tuuau

2 June 2021 :This afternoon the Appellant Court delivered its decision relating to the additional 6th seat for women.

Neither party was an outright winner with the decision being seen as a win and a loss for both political sides.

Key issues which were resolved include: - the minimum number of seats allocated to women in the Legislative Assembly will be 6. This differs to the decision of the Supreme Court just last Monday; - the 6th seat can only be determined as a result of counting ballot papers at the election and only then followed by the result of any electoral petitions and by-elections which may follow.

It cannot be determined by the Electoral Commissioner on "ad hoc snap shot moment"; - the activation of the provision to increase the number of womens seats by the Electoral Commissioner was unconstitutional and the Warrant of the Election issued by the HoS remains void (both previously determined by the Supreme Court); - the 10% quota translates to 6 seats rounding up from 5.1. - the legislative provisions are "ambiguous" as to the ideas which they promote. The Appellant Court looked to the concept of human rights underlying these provisions to reach reach its decision; - whether Aliimalemanu Alofa Tuuau becomes the additional member remains to be seen.

She is the subject of an electoral petition herself which will need to be determined before selection of the 6 women members is finalised; - the results of the electoral petitions and any by-elections may well determine which 6 women will be taking their seats in the 51 seat parliament.

These results will not be known for several months; - as at today FAST hold 26 seats and HRPP 25; - at this stage the Court has not made a decision regarding the appeal against the swearing in of a new parliament on the 45th day as required nor the inclusion or otherwise of any HRPP members who boycotted the swearing in.