Independent M.P.s Ale And Tuuu Likely Headed To Supreme Court
Member of Parliament for Faleata No. 4 Ale Vena Ale and M.P. for Siumu Tuuu Anasii Leota.
Photo: Tina Mata'afa-Tufele Elise
It’s highly likely that the Supreme Court will be asked to determine if Members of Parliament (M.P.) Ale Vena Ale (Faleata No. 4) and Tuuu Anasii Leota (Siumu) must vacate their Parliamentary seats.
Where the two senior M.P.s go next – whether they will keep their seats and resume their terms or go to court and possibly by-elections – will be decided when Parliament convenes on 20 December, said House Speaker Papalii Lio Masipau.
An official statement from the Speaker of the Legislative Assembly of Samoa was released this week on 8 November, 2022.
Papalii issued the statement to address the rresignations of the M.P.s for Siumu and Faleata No. 4 from their political party.
Opposition leader Tuilaepa Sailele Malielegaoi, who is suspended from Parliament, wrote to the Speaker recommending that Vena and Tuuu vacate their seats, the House Speaker said.
“It with utmost respect that I declare this official announcement in regard to the above-mentioned subject,” Papalii wrote.
“Since the resignation of both Members of Parliament for Siumu and Faleata No. 4 has been made public both written and orally, and the Leader of the H.R.P.P. although suspended has submitted a letter which recommends that the seats for these electoral constituencies be made vacant in Parliament.”
The Speaker said it is a “sensitive matter” that will be presented to the Legislative Assembly “for a just decision” on 20 December.
“However, I am well aware that this is a sensitive matter, if the seats for these electoral constituencies are to be vacant, in recognition of fundamental rights of these Members pursuant to Article 47 of the Constitution of the Independent State of Samoa,” said Papalii.
“In this regard, it is the Speakers good intention that this matter should be presented before the Legislative Assembly (Parliament) in its meeting on December 20, 2022 for a just decision on this matter.”
Ale and Tuuu announced their resignation from the H.R.P.P. political party and declared their independence as M.P.s. last week.
Part V, Article 47 of the Constitution cited by the House Speaker covers “decisions on questions as to membership” in Parliament.
“All questions that may arise as to the right of any person to be or to remain a Member of Parliament shall be referred to and determined by the Supreme Court,” Article 47 reads.
The status of the M.P.s for Faleata No. 4 and Siumu in Parliament were thrown into question when they left the H.R.P.P. and chose to become independent M.P.s.
Ale, M.P. for Faleata No. 4 expressed dismay with the Electoral Act 2019 which prohibits M.P.s from changing political parties.
Part 16, Article 141 of the Electoral Act 2019 prescribes that the seat of an M.P. becomes vacant when the M.P. resigns from a political party to join another political party during the Parliamentary term.
Article 140 says that an M.P. must sit in the Legislative Assembly as a member of the political party which appears on the ballot paper when that candidate was elected.
“The law is a mess. They (the H.R.P.P. political party) keep changing the law to suit the person but not the public,” Ale said.
“How can you be an M.P. who makes laws but you create a law that contradicts the Constitution? This is unconstitutional, the amendment made to the Electoral Act. I want to see what the court says.”
He noted that he is no longer a member of the H.R.P.P. party “but I am still a Member of Parliament.”
Ale and Tuuu said they are both prepared to go to court even if it means by-elections.
“If it leads up to that (by-elections) only the court can say so. I know this will go to court. Someone is going to challenge it. They must take me to court,” said Ale.
Tuuu said they are willing to wait and see what the Speaker says on the matter of their seats.
“This is the first time this has happened. I don’t know if it will be accepted or not but there is a process,” Tuuu said.
“The Speaker should decide...we will wait and see. We will leave it to Parliament.”