Moala v Electoral Commissioner [2020] WSSC 91 (27 November 2020)

IN THE SUPREME COURT OF SAMOA
Moala v Electoral Commissioner & Anor [2020] WSSC 91

Case name:	Moala v Electoral Commissioner & Anor
Citation:	[2020] WSSC 91
Decision date:	27 November 2020
Parties:	PAPALII TAVITA MOALA, Businessman, of Faleula (Applicant) and THE ATTORNEY, for and on behalf of the ELECTORAL COMMISSION and COMMISSIONER (First Respondent) & FETAIA’I VAAULI, pulenuu of Faleula (Second Respondent)
Hearing date(s):	11 & 17 November 2020
File number(s):	MISC248/20
Jurisdiction:	CIVIL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson Justice Tuala-Warren
On appeal from:
Order:	We conclude as follows: (i) Under the provisions of the Electoral Act 2019 as they currently stand, the Applicant qualifies to run under his title “Papalii” as a candidate from the village of Faleula in the Territorial Constituency of Sagaga 1 in the 2021 General Election. (ii) To this extent the decision of the Electoral Commissioner to reject his nomination is over-turned. As the issues involved in this application were very complex full written Reasons for our decision will be made available to counsels in due course. As to costs, we are of the view that given the importance and significance of the legal issues raised, each party will bear their own costs.
Representation:	M Lui for Applicant S Ainuu for First Respondent T Leavai for Second Respondent
Catchwords:	Electoral challenge
Words and phrases:
Legislation cited:	Electoral Act 2019, s. 47; Electoral Amendment Act (No. 2) 2020, s.5.
Cases cited:
Summary of decision:

MISC 248/20

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

IN THE MATTER:
of an application under section 47 of the Electoral Act 2019 as amended by section 5 of the Electoral Amendment Act (No. 2) 2020.

BETWEEN:

PAPALII TAVITA MOALA, Businessman, of Faleula.

Applicant

A N D:

THE ATTORNEY, for and on behalf of the ELECTORAL COMMISSION and COMMISSIONER.

First Respondent

A N D:

FETAIA’I VAAULI, pulenuu of Faleula

Second Respondent

Coram: Justice Nelson
Justice Tuala-Warren

Counsel: M Lui for Applicant
S Ainuu for First Respondent
T Leavai for Second Respondent

Hearing: 11 & 17 November 2020
Decision: 27 November 2020

DECISION OF THE COURT

1. We have considered the evidence adduced on behalf of the Applicant and the Respondents including also the detailed submissions of counsels for which were are thankful.
2. We conclude as follows:
   • (i) Under the provisions of the Electoral Act 2019 as they currently stand, the Applicant qualifies to run under his title “Papalii” as a candidate from the village of Faleula in the Territorial Constituency of Sagaga 1 in the 2021 General Election.
   • (ii) To this extent the decision of the Electoral Commissioner to reject his nomination is over-turned.
3. As the issues involved in this application were very complex full written Reasons for our decision will be made available to counsels in due course.
4. As to costs, we are of the view that given the importance and significance of the legal issues raised, each party will bear their own costs.
   

JUSTICE NELSON
JUSTICE TUALA-WARREN