2021 Samoan constitutional crisis

[2][3][4][5] Court rulings had upheld the election results, giving a parliamentary majority to the Faʻatuatua i le Atua Samoa ua Tasi (FAST) party, led by Fiamē Naomi Mataʻafa.

[24][25] Caretaker prime minister Malielegaoi responded by saying that the court order was illegal, that the judges had breached state of emergency regulations and ought to be charged, and that he and members of the HRPP would refuse to be sworn in when parliament convened.

[26] Later that evening, Speaker of the House Leaupepe Toleafoa Faafisi purported[27] to cancel the swearing-in ceremony, in contravention of the court's order.

[41][42] On 26 May 2021, the Supreme Court published a schedule, showing that it planned to hear appeals on the substantive constitutional issues behind the crisis on 31 May 2021, with a decision on 2 or 3 June 2021.

[43] On 27 May 2021, attorney-general Savalenoa Mareva Betham Annandale applied to disqualify all serving judges from hearing the case, alleging bias against the HRPP.

[62] On 7 June talks reached an impasse after just two sessions, with Tuilaepa refusing to either leave office or call parliament unless all election petitions were withdrawn and Tuuau was seated.

[68] It ordered parliament to convene within seven days and that any attempt to obstruct this would amount to contempt of court and would result in the 24 May swearing in being declared valid by invoking the doctrine of necessity.

[69] On 4 July Head of State Tuimalealiifano Va’aletoa Sualauvi II defied the court's order, and proclaimed that the Legislative Assembly would not sit until August.

[74] On 7 July, the HRPP lodged a complaint against Chief Justice Satiu Simativa Perese with the Judicial Services Commission, alleging he was incompetent.

[75] That same day, police commissioner Fuiavailili Egon Keil announced he would be leaving the country to receive health treatment.

[80] On 23 July 2021 the Court of Appeal delivered its judgement on the swearing-in ceremony, declaring that it was constitutional and binding, that FAST had been the government since 24 May, and that the HRPP had been unlawfully occupying office since that date.

[6][7][81] Following the decision former prime minister Tuila'epa Sa'ilele Malielegaoi questioned the impartiality of the judiciary and accused them of "treason", claiming that "leaders are chosen by God".

[87][88] The Prime Minister announced that the government would move into its offices on 27 July, that parliament would meet at the earliest opportunity to pass an emergency budget.

[95] On 2 September 2021 Attorney-General Savalenoa Mareva Betham Annandale was dismissed from office due to her disrespect for the Supreme Court and her failure to defend the judiciary.

[98] In the leadup to the sitting, Speaker Papali’i Li’o Taeu Masipau banned HRPP members from attending after they refused to be sworn in by him.

[104] On 16 September 2021 the Supreme Court declared that the speaker has an obligation to administer the oath of allegiance, and ordered him to swear in the HRPP MPs.

[106] New Zealand Prime Minister Jacinda Ardern called on Samoa to maintain and uphold the rule of law, as well as respecting the democratic outcome of the elections.

[108] The Secretary-General of the United Nations "urge[d] leaders in Samoa to find solutions to the current political situation through dialogue".

[118] On 10 July Pacific Islands Forum Secretary-General Henry Puna reminded Samoa of the values of the Biketawa Declaration, and said that recent court decisions offered a way forward.

[121] Following the Court of Appeal decision on 23 July, the New Zealand government congratulated Fiamē Naomi Mata’afa on her election victory.