Samoa's Court of Appeal is to decide whether the election-winning FAST Party will be recognised as the country's new government.
FAST had filed an application with the Supreme Court to have it recognise an impromptu swearing-in ceremony of elected members of the new political party.
The Court was yesterday to hear the application and others in opposition.
FAST leaders, Fiame Naomi Mataafa and Laauli Leuatea Schmidt Photo: Ame Tanielu
But an RNZ Pacific correspondent in Samoa Autagavaia Tipi Autagavaia said the court decided to refer them to the Court of Appeal.
"It's better that way because if the Supreme Court is going to rule on the convening of parliament under the doctrine of necessity, whatever decision they come up with, the matter will still be appealed. So they're taking everything up to the Court of Appeal to be dealt with," he said.
The Court of Appeal will be able to give a final determination and is expected to sit in urgency in the coming weeks.
Separately, today, the appeal court is expected to hear an appeal by the Attorney General against the Supreme Court's ruling that parliament must sit by last Monday.
Claim of witness intimidation
Arrest warrants have been issued in Samoa for five witnesses in the electoral petition hearing against the the caretaker HRPP government's deputy-leader.
The petition was brought by the Anoama'a No. 2 seat's FAST party candidate To'omata Norah Leota who polled 780 votes to 1,121 for the HRPP deputy Fonotoe Pierre Lauofo.
To'omata's lawyer Alex Su'a had expressed concern that witnesses were being intimidated from appearing.
One had been removed from court by his father before he could do so.
Four did not appear yesterday.
Arrest warrants have been issued for the five to appear at the Supreme Court today where the petition hearing continues.