HRPP Seeks Interim Court Order over Changes to District Development Councils

2026-03-09 - 18:59

10 March 2026 Apia Samoa. The Human Rights Protection Party (HRPP) is seeking an interim order from the Supreme Court, to stop the implementation of changes to the District Development Project until the main case is fully heard. The petition was filed by the HRPP political party against the Government of Samoa and the Ministry of Women, Community and Social Development. Lawyer for HRPP, Fuimaono Sefo Ainuu, told the court that the party and its members were not consulted about the changes made by the new government regarding the management and administration of the Fono Faavae (DDC District Development Council). Ainuu argued that Members of Parliament were not consulted about the new changes. He said the changes were not included in a 2024 District Development Programme issued by the Ministry overlooking the project. It was submittdd that one of the main concerns was the appointment of chairpersons for each Fono Faavae. Under the 2024 District Development Manual, the elected Member of Parliament was automatically appointed as the chairperson of the district council. However, during the hearing, Government lawyer, Benjamin Keith, told the court via zoom, that decisions involving government policy and economic development are generally matters that the court should not interfere with. Keith explained that the government’s decision relates to how development funds are managed, and how district councils are administered. Counsel argued that those matters fall within the lawful powers of the government. He also said courts normally only intervene if there is evidence of serious wrongdoing such as bad faith, corruption, or conflict of interest. Chief Justice Satiu Simativa Perese questioned the argument that Members of Parliament should automatically have greater authority within the district councils. The court noted that the main role of a chairperson is usually to call meetings and manage discussions, while decisions are made collectively by all members of the council. The CJ asked where in the official programme manual, did it state that a chairperson has powers beyond those shared by other council members. “Where does it say that? It says the council acts as the local governing body, not just the chairperson,” asked the Chief Justice. Ainuu responded that the chairperson’s role is more significant than simply running meetings. He argued that the District Development Council acts as the local governing body responsible for overseeing development projects within each district. Fuimaono, also told the court that part of the issue relates to the government budget. He said 10 percent of the previous budget was allocated for district development, with work plans already submitted and about $1.8 million allocated to district councils each year. The Chief Justice asked HRPP Counsel if he had formally raised these concerns with the government before bringing the matter to court. “Did you ask?” “Did you, as a former Deputy Attorney-General, write a letter to the government ensuring these issues were addressed? Can we have a copy?” Fuimaono argued that Members of Parliament are elected representatives of their constituencies. They are elected by the district voters, and should therefore have a leading role in development projects affecting their districts. At the end of the hearing, the court said it will reserve its decision and issue a ruling as soon as possible.