28 May 2009

Court in Samoa grants leave to Samoa Party to appeal decision

6:40 pm on 28 May 2009

The Samoa Party has been granted with leave by the Chief Justice, Patu Tia'avasu'e Falefatu Sapolu, to appeal the decision of the Supreme Court delivered in March in which a party motion against section 105 of the Electoral Act was dismissed.

The section provides that only candidates who polled at least half of the total votes in a parliamentary election can file an election petition.

The party motion had argued the section is inconsistent with the constitution and should be void.

A lawyer representing the plaintiff says the appeal against the decision is based on the disappointment party members felt over the Supreme Court's decision.