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Vaai v Speaker of the Legislative Assembly [2020] WSSC 90 (15 December 2020)

IN THE SUPREME COURT OF SAMOA
Vaai & Anor v Speaker of the Legislative Assembly [2020] WSSC 90

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

IN THE MATTER:

of the Constitution of the Independent State of Samoa and of the Declaratory Judgments Act 1988.

A N D:

IN THE MATTER:

of the Electoral Act 2019 and Standing Orders of the Parliament of Samoa.

BETWEEN:

OLO FITI AFOA VAAI
First Applicant

FAUMUINA ASI PAULI WAYNE FONG
Second Applicant

A N D:

SPEAKER OF THE LEGISLATIVE ASSEMBLY
First Respondent

A N D:

ELECTORAL COMMISSIONER
Second Respondent

Coram: Acting Chief Justice Niavā M. Tuatagaloa
Justice Tologata Tafaoimalo L. Tuala-Warren
Justice Leiataualesa D. Clarke

Counsel: M. Lui for First Applicant

Mauga P. Chang for Second Applicant
Luamanuvao K. Sapolu & Leota T. Leavai for First Respondent
Fuimaono S. Ainuu and T. Peniamina Amicus Curiae

Hearing: 08 December 2020
Judgment: 14 December 2020

Addendum to Judgment: 15 December 2020

ADDENDUM TO JUDGMENT

1. In our judgment at paragraph 61 there has been the inadvertent omission of the word ‘not’. Paragraph 61 reads as follows;
   • [61] Both Applicants expressly state in their Supplementary Affidavits that they have not ‘joined’ FAST nor have they become registered or financial members of FAST They said to join FAST, you must (i) pay $1,000 and (ii) complete a MOU which you must sign for FAST to support you. In his evidence, the First Applicant stated...
     

ACTING CHIEF JUSTICE TUATAGALOA
JUSTICE TUALA-WARREN
JUSTICE CLARKE