By Mataeliga Pio Sioa
After the formal election count last Friday night, 43-seats are open to court petitions, out of all the 51-seats confirmed for the new Parliament.
These are seats where the winning margins are less than half the votes polled by the second-placed candidate.
Under the Electoral Act, runners-up who polled more than half the votes of the election winner may petition the court for any alleged electoral offences.
Based on past election petitions the most common legal complaints on polling results are alleged bribery and treating.
The 8-seats safe from court petitions includes that of the Prime Minister Tuilaepa Sailele Malielegaoi, FAST leader Fiame Naomi Mataafa and HRPP Faleata MP Lealailepule Rimoni Aiafi.
All were elected unopposed.
The others are the 4-seats under FAST comprising 2- seats in Upolu and 2-seats in Savaii.
The 1-seat remaining in Upolu is under the HRPP.
The 2-seats for FAST in Upolu are at Faleata 2, and Falealili 1 with the Vaa-o-Fonoti seat under the HRPP.
For the 2-seats in Savaii at Fa’asaleleaga 4 and Gagaifomauga 3 both are under FAST.
Under the Electoral Act the filing of court petitions is within a 10-day working period, from the date the formal results were declared publicly.
The petitioning period starts tomorrow, Monday 19th April 2021 after public notification of the formal election results last Friday night.
Petitioners are to pay $2000 tala in security costs when filing election complaints for the court to preside over the matter.
Not included are lawyers’ fees the petitioner must pay separately for legal representation that normally runs into 10s of thousands of tala.
Parliament will be called to elect a new Government to rule while all the election petitions are being processed in court.
Pending the outcome of the court petitions, the balance of power is likely to remain uncertain until all the legal complaints are settled.
The current balance of power rests on the vote of independent MP Tuala Ponifasio with the HRPP and FAST deadlocked at 25-seats each.