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Judges, bullying and a 'broken' complaints system

Judges, bullying and a 'broken' complaints system
rnz.co.nz - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from rnz.co.nz Daily Mail and Mail on Sunday newspapers.

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Opinion: Speaker's refusal to swear-in HRPP's MPs justified and reasonable

Opinion: Speaker's refusal to swear-in HRPP's MPs justified and reasonable
rnz.co.nz - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from rnz.co.nz Daily Mail and Mail on Sunday newspapers.

Apia , Samoa-general- , Samoa , Samoan , Dylan-asafo , Tuilaepa-sailele-malielegaoi , Fuimaono-dylan-asafo , Supreme-court , Parliament-photo , Human-rights-protection-party , Fuimaono-dylan , Standing-orders

The Samoa Supreme Court's Final Warning

By Fuimaono Dylan Asafo*
Opinion - law lecturer Dylan Asafo argues the Samoan Supreme Court has issued a final warning to caretaker prime minister, Tuila'epa Sa'ilele Malielegaoi.
Photo: 123RF
Yesterday, the Supreme Court held that the swearing-in ceremony held by the FAST party on 24 May 2021 was unconstitutional and unlawful.
In my view, a proper reading of the Supreme Court's judgement follows that the swearing-in ceremony is unconstitutional and unlawful, but only on one condition: that parliament meets within the next 7 days without any other attempts by Tuilaepa, the Head of State, the (former) Speaker, the Clerk of the Legislative Assembly, the 24 elected HRPP members and the Office of the Attorney General to prevent the peaceful transition of power.

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Asafo: A critique of the Samoan Court of Appeal's decision - an unfortunate case of judicial overreach

By Fuimaono Dylan Asafo*
Opinion - law lecturer Dylan Asafo argues the Samoan Court of Appeal has made an incorrect decision in making its ruling about how the law protects the proportion of women in the Samoan parliament.
Samoa's parliament
Photo: RNZ Pacific /Autagavaia Tipi Autagavaia
Yesterday, the Court of Appeal (CA) ruled that Article 44(1A) of the Constitution requires that six women should sit in Parliament. With all due respect, I believe that that the CA's decision was incorrect.
This is on the grounds that the CA have overreached their powers by encroaching on the law-making powers of parliament and have made an unpragmatic (or impractical) decision that has now prolonged and further complicated Samoa's constitutional crisis.

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Opinion: Why Samoa's Head of State does not have 'reserve powers' to revoke election results and call for new elections

By Fuimaono Dylan Asafo*
It was reported that the counsel for the incumbent Human Rights Protection Party (HRPP), Aumua Ming Leung Wai, seeks to justify that declaration, by arguing the call for fresh elections was lawful because they were exercising their 'reserve powers'.
The Attorney General is also likely to make the same argument, and they have indicated that they are likely to engage the services of a Queen's Counsel (a foreign lawyer whose work has been given special acknowledgement by the British Crown) to act or advise on the matter.
In my view, this argument should be rejected, because the Head of State does not have any 'reserve powers'.

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Samoa's Head of State decision called unconstitutional

Tuimalealiifano Va'aletoa Sualauvi II
Photo: Samoa govt
The declaration by the Head of State to declare the results of the general election of 9 April 2021 void and call for a new general election on 21 May 2021 is unconstitutional and unlawful writes Fuimaono Dylan Asafo.
Fuimaono is a law lecturer at the Faculty of Law at the University of Auckland and holds a Master of Laws from Harvard University and a Master of Laws (First Class Honours) from the University of Auckland.
The three reasons why the Head of State's declaration is unconstitutional.
Firstly, the law provides for a process that requires the Head of State to wait 45 days following a general election for any election petitions (and counter petitions) to be heard in order to see whether a new parliament can be formed by the time the 45 day period is over. This requirement comes from Article 52 of the Constitution (the English version available on parliament's website here, which provides that a new parliament "shall meet not later than 45 days after the holding of a general election."

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