Samoa: PASS wins first round

Submitted by TemoL on Mon, 06/29/2009 - 07:42

People Against Switching Sides won the first round of their battle to prevent the proposed road switch yesterday.

The 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. Justice Vui has now set 6 July for mention at which time a hearing date will be set.

PASS began legal action against the government’s Road Transport Reform Bill last year. PASS said the Traffic Control Bill 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,