The Samoa Party's legal motion seeking orders to void section 105 of Samoa's Electoral Act 1963 claiming it was unconstitutional, has been dismissed in a ruling by the chief judge, Patu Falefatu Sapolu.
The section was amended in parliament more than a decade ago and states that no petition can be filed by a person who polled less than 50 percent of the total number of votes polled by a person elected or returned at the election.
The Samoa Party's legal action against the Attorney General has pointed out the 50 percent threshold requirement is an arbitrary and capricious restriction on the plaintiff's right to justice which violates Article 9 of the constitution.
However, the chief judge has agreed with the Attorney General's argument that section 105 of the Electoral Act does not violate article 9 of the constitution.
This is because the plaintiff's motion based on written affidavits presented during the hearing was aimed at political rights and not civil rights in which Article 9 refers to.
