Samoa’s Supreme Court rejected a motion by the attorney general on behalf of the government that the PASS action challenging the switch be dismissed.
Justice Vui Clarence Nelson upheld that under Section 11 of the Constitution, the government is not responsible for any loss, damage or injury during the time of the switch.
However, the government’s application to have the case struck out was dismissed.
Vui has set the next hearing for July 6.
PASS began legal action against the government’s road transport reform bill last year.
PASS said the measure is unconstitutional because it threatens the life and safety of all road users.
A motion was attempted by the attorney general to strike out the motion by PASS but permission was given for it to proceed.
PASS’s lawyer, Toleafoa Solomona To’ailoa, said he is very happy with the judge’s decision.
“This matter is not easy, and we’ve tried hard to do our best to find ways to put it through court,” he said. Toleafoa said they plan to amend the motion before the hearing date as ordered by court.
“We are hoping to get the decision in late July or early August before the switch on 7th September,” Toleafoa said.
He said if they succeed that means the switch will stop. The PASS committee is an informal, non-political group from Civil Society that was formed to challenge the government’s right to proceed with the road switch when the government did not have a mandate for the change.
One of the main objectives of the committee is to inform the public of their right to object, and to make known to the government the degree of opposition to the change that still exists within the community.
