The Samoa Attorney General, Su’a Helena Wallwork Lamb, has deemed the Human Rights Protection Party’s (HRPP) request to implement the 10 percent quota for female parliamentarians as premature. The HRPP, along with candidate Aliimalemanu Alofa Tuuau, has sought intervention from the Electoral Court to reconsider the timing of this quota’s activation.
In her statements, the Attorney General clarified that the Electoral Commissioner acted lawfully despite claims from HRPP counsel Savalenoa Mareva Betham Annandale suggesting otherwise following the confirmation of the new Members of Parliament after the recent general election held on August 29. She indicated that the arguments presented regarding the distinction between Article 44 (1A) and Article 52 of the Constitution lacked merit, asserting that they operate independently concerning the timeline for activating the women’s quota.
The HRPP contends that the Court of Appeal could interpret these constitutional articles differently, specifically regarding the activation of the quota after a by-election. Article 44 outlines the requirement for women to comprise at least 10 percent of the Legislative Assembly, whereas Article 52 details the assembly’s meeting schedule, requiring it to convene within 45 days of a general election.
During the court proceedings, Justice Leiataualesa questioned Savalenoa about the Electoral Court’s authority to overrule a Court of Appeal decision. Although Savalenoa did not challenge the prior ruling, she expressed concern that if the interaction between the two articles had been adequately considered, the outcome might have varied. She emphasized that failing to activate the 10 percent quota could affect the legitimacy of the parliament, as the minimum number of six female MPs must be present at the legislative assembly’s initial meeting post-election.
The Attorney General reiterated that the matter has been addressed multiple times, advocating for the interpretation that Article 52 operates independently from Article 44, which specifies the timing for parliament’s convening. Mauga Precious Chang, representing the Faatuatua I le Atua Samoa ua Tasi (FAST) party, supported the Attorney General’s position and called for the dismissal of the HRPP’s application.
The court has yet to deliver its decision, which is anticipated before Christmas, leaving the situation regarding the women’s parliamentary quota in a state of uncertainty. The ongoing discussions reflect broader themes of women’s representation and legislative governance in Samoa, raising important questions about the processes that impact electoral integrity and equality in political representation.