NO ONE IS ABOVE THE LAW: FAST 4 -v-HRPP 0

Synchronise your watches but as of early Sunday afternoon the plan to convene the XVII parliament will proceed tomorrow.

Tiatia Graeme Tualaulelei has been moving ahead with preparations for the official opening of Samoa’s XVIIth Parliament scheduled for Monday (tomorrow) morning.

This follows yet another twist in the 6 week saga following the April 9 election.

At a special hearing in the Chief Justice chambers on Sunday morning partners from the firm of Latu Lawyers representing the FAST Party sought and were granted orders to uphold the original proclamation for parliament to convene as planned. The Court declared that the orders to recind issued by the HoS yesterday or any other such order as "unlawful".

The Orders of the Court today were signed and issued by the Chief Justice Satiu Simativa together with Justice Tafaoimalo Tologata Leilani Tuala-Warren and Justice Vui Clarence Nelson.

Former attorney general Taulapapa Brenda Heather-Latu stated that the proclamation issued by the Head of State late on Saturday night was unlawful. She added that the belated suspension or revocation of the HoS initial order was unlawful and void.

Today's extraordinary hearing follows a pitched battle in the Supreme and Appeals court this week. The final result is that FAST have been found to be the winners of the election on 4 separate counts and the challenge by the Attorney General on behalf of the HRPP has lost on each occasion.

On Friday the CJ reminded the AG that the interpretation of the Constitution (relating to the 6th woman seat) had been dealt with by the Supreme Court and also dismissed on appeal. He stated that clearly the AG "does not accept the authority of the Supreme Court" and that she and the Electoral Commissioner "should be under no illusion that the ruling of the Supreme Court represents the law in Samoa and should be followed. Failure to abide by the law has it's own consequences".

While the AG was present at this morning's special hearing she arrived late and was reported to have walked out of the hearing before the CJ had completed his decision. She ignored repeated requests from the CJ to sit down and in a show of contempt left the chamber.

Both the AG and HoS are well qualified lawyers. However their (mis)interpretation of the Constitution and ignorance towards judgements handed down by the Supreme Court are baffling.

While the swearing in of parliament will proceed as planned at this stage recent events have been tumultuous and erratic. The comprehensive judgement handed down this afternoon would appear to effectively stop and further challenge or orders being issued or rescinded by the HoS.

This story is far from over. There are many legal hurdles ahead for the new government quite apart from doing its job of governance.