The FAST party in Samoa hopes its call for the appointment of an additional woman MP to parliament to be declared null and void will be resolved this afternoon.
The Electoral Commissioner announced last night that Ali'imalemanu Moti Momoemausu Alofa Tuuau would become the 52nd MP to ensure that a minimum of 10 percent of seats in the parliament are held by women.
In the poll 12 days ago, five women were elected and FAST party leader, Fiame Naomi Mata'afa, said they considered that that satisfied the constitutional requirement, because the document specifies five seats for women.
The Faatuatua ile Atua Samoa ua Tasi party leader, Fiame Naomi Mataafa Photo: RNZ Pacific/Tipi Autagavaia
She said they realised the issue could come up but they have now made a submission to the Supreme Court on the grounds the Electoral Commissioner's actions were unconstitutional.
"In the body of the constitution it defines the number of women as five. So they should have changed the law and that's what it stands at. It's a constitutional provision and it requires a two thirds majority," she said.
Fiame said they are also calling on the Supreme Court to declare HRPP MP, Peseta Vaifou Tevagaena, ineligible because he has had a serious criminal conviction and should not have been accepted as a candidate by the Electoral Commission.