Preamble
Preamble
God or other deities
IN THE HOLY NAME OF GOD, THE ALMIGHTY, THE EVER LOVING
God or other deities
WHEREAS sovereignty over the Universe belongs to the Omni-present God alone, and the authority to be exercised by the people of Samoa within the limits prescribed by His commandments is a sacred heritage;
WHEREAS the Leaders of Samoa have declared that Samoa should be an Independent State based on Christian principles and Samoan custom and tradition;
AND WHEREAS the Constitutional Convention, representing the people of Samoa, has resolved to frame a Constitution for the Independent State of Samoa;
Motives for writing constitution
WHEREIN the State should exercise its powers and authority through the chosen representatives of the people;
Motives for writing constitution
WHEREIN should be secured to all the people their fundamental rights;
Motives for writing constitution
WHEREIN the impartial administration of justice should be fully maintained;
Motives for writing constitution
AND WHEREIN the integrity of Samoa, its independence, and all its rights should be safeguarded;
Source of constitutional authority
Now THEREFORE, we the people of Samoa in our Constitutional Convention, this twenty-eighth day of October 1960, do hereby adopt, enact, and give to ourselves this Constitution.
PART II. FUNDAMENTAL RIGHTS
3. Definition of the State
In this Part, unless the context otherwise requires, "the State" includes the Head of State, Cabinet, Parliament and all local and other authorities established under any law.
4. Remedies for enforcement of rights
- Any person may apply to the Supreme Court by appropriate proceedings to enforce the rights conferred under the provisions of this Part.
- The Supreme Court shall have power to make all such orders as may be necessary and appropriate to secure to the applicant the enjoyment of any of the rights conferred under the provisions of this Part.
Right to life
5. Right to life
- No person shall be deprived of his life intentionally, except in the execution of a sentence of a court following his conviction of an offence for which this penalty is provided by Act.
- Deprivation of life shall not be regarded as having been inflicted in contravention of the provisions of this Article when it results from the use of force to such extent and in such circumstances as are prescribed by law and as are reasonably justifiable
- In defence of any person from violence; or
- In order to effect an arrest or to prevent the escape of a person detained, if the person who is being arrested or who is escaping is believed on reasonable grounds to be in possession of a firearm; or
- For the purpose of suppressing a riot, insurrection or mutiny.
6. Right to personal liberty
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Principle of no punishment without law
No person shall be deprived of his personal liberty except in accordance with law.
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Protection from unjustified restraint
Where complaint is made to the Supreme Court that a person is being unlawfully detained, the Court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the Court and shall release him.
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Right to counsel
Every person who is arrested shall be informed promptly of the grounds of his arrest and of any charge against him and shall be allowed to consult a legal practitioner of his own choice without delay.
- Every person who is arrested or otherwise detained shall be produced before a Judge of the Supreme Court, some other judicial officer, the Registrar of the Supreme Court or of any subordinate Court or any Deputy Registrar of the Supreme Court or of any subordinate Court from time to time approved in writing for this purpose by the Registrar of the Supreme Court (herein-after collectively referred to as "remanding officers") within a period of twenty-four hours (excluding the time of any necessary journey), and no such person shall be detained beyond that period without the authority of one of the remanding officers.
Prohibition of torture, Prohibition of cruel treatment
7. Freedom from inhuman treatment
No person shall be subjected to torture or to inhuman or degrading treatment or punishment.
Prohibition of slavery
8. Freedom from forced labour
- No person shall be required to perform forced or compulsory labour.
- For the purposes of this Article, the term "forced or compulsory labour" shall not include
- Any work required to be done in consequence of a sentence of a court; or
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Right to conscientious objection
Any service of a military character or, in the case of conscientious objectors, service exacted instead of compulsory military service; or
- Any service exacted in case of an emergency or calamity threatening the life or well-being of the community; or
- Any work or service which is required by Samoan custom or which forms part of normal civic obligations.
9. Right to a fair trial
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Right to speedy trial, Right to public trial, Right to fair trial
In the determination of his civil rights and obligations or of any charge against him for any offence, every person is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established under the law. Judgement shall be pronounced in public, but the public and representatives of news service may be excluded from all or part of the trial in the interests of morals, public order or national security, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
- Nothing in clause (1) shall invalidate any law by reason only that it confers upon a tribunal, Minister or other authority power to determine questions arising in the administration of any law that affect or may affect the civil rights of any person.
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Presumption of innocence in trials
Every person charged with an offence shall be presumed innocent until proved guilty according to law.
- Every person charged with an offence has the following minimum rights:
- To be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him:
- To have adequate time and facilities for the preparation of his defence:
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Right to counsel
To defend himself in person or through legal assistance of his own choosing and, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require:
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Right to examine evidence/witnesses
To examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him:
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Trial in native language of accused
To have the free assistance of an interpreter, if any doubt exists as to whether he can understand or speak the language used in court.
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Protection from self-incrimination
No person accused of any offence shall be compelled to be a witness against himself.
10. Rights concerning criminal law
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Principle of no punishment without law
No person shall be convicted of an offence other than an offence defined by law.
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Protection from ex post facto laws
No person shall be held guilty of any offence on account of any act or omission which did not constitute an offence at the time when it was committed; nor shall a heavier penalty be imposed than the one that was applicable at the time that the offence was committed.
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Prohibition of double jeopardy
No person who has been tried for any offence shall, after conviction or acquittal, again be tried for that offence except
- Where a retrial is ordered or conducted by a court or judicial officer exercising a jurisdiction superior to that under which that person was acquitted or convicted; or
- In the case of a conviction entered in a trial conducted by a Judge or Judges of the Supreme Court, where a retrial is ordered by a Judge of that Court on an application made within fourteen days of that conviction.
Freedom of religion
11. Freedom of religion
- Every person has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others, and, in public or private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.
- Nothing in clause (1) shall affect the operation of any existing law or prevent the State from making any law in so far as that existing law or the law so made imposes reasonable restrictions on the exercise of the right conferred under the provisions of that clause in the interests of national security or of public order, health or morals, or for protecting the rights and freedom of others, including their rights and freedom to observe and practice their religion without the unsolicited interference of members of other religions.
12. Rights concerning religious instruction
- No person attending any educational institution shall be required to receive religious instruction or take part in any religious ceremony or attend religious worship, if that instruction, ceremony or worship relates to a religion other than his own.
- Every religious community or denomination shall have the right to establish and maintain educational institutions of its own choice and to provide therein religious instruction for pupils of that community or denomination.
- Nothing in clause (2) shall prevent the State from making any law requiring the inspection of educational institutions and the maintenance therein of standards in keeping with the general educational level in Samoa.
13. Rights regarding freedom of speech, assembly, association, movement and residence
- All citizens of Samoa shall have the right
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Freedom of expression
To freedom of speech and expression; and
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Freedom of assembly
To assemble peaceably and without arms; and
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Right to join trade unions, Freedom of association
To form associations or unions; and
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Freedom of movement
To move freely throughout Samoa and to reside in any part thereof.
- Nothing in subclause (a) of clause (1) shall affect the operation of any existing law or prevent the State from making any law in so far as that existing law or the law so made imposes reasonable restrictions on the exercise of the right conferred under the provisions of that subclause in the interests of national security, friendly relations with other States, or public order or morals, for protecting the privileges of the Legislative Assembly, for preventing the disclosure of information received in confidence, or for preventing contempt of court, defamation or incitement to any offence.
- Nothing in subclauses (b) or (c) of clause (1) shall affect the operation of any existing law or prevent the State from making any law in so far as that existing law or the law so made imposes reasonable restrictions on the exercise of either or both of the rights conferred under the provisions of those subclauses in the interests of national security or public order, health or morals.
- Nothing in subclause (d) of clause (1) shall affect the operation of any existing law or prevent the State from making any law in so far as that existing law or the law so made imposes reasonable restrictions on the exercise of the right conferred under the provisions of that subclause in the interests of national security, the economic well-being of Samoa, or public order, health or morals, for detaining persons of unsound mind, for preventing any offence, for the arrest and trial of persons charged with offences, or for punishing offenders.
Right to own property, Protection from expropriation
14. Rights regarding property
- No property shall be taken possession of compulsorily, and no right over or interest in any property shall be acquired compulsorily, except under the law which, of itself or when read with any other law
- Requires the payment within a reasonable time of adequate compensation therefore; and
- Gives to any person claiming that compensation a right of access, for the determination of his interest in the property and the amount of compensation, to the Supreme Court; and
- Gives to any party to proceedings in the Supreme Court relating to such a claim the same rights of appeal as are accorded generally to parties to civil proceedings in that Court sitting as a court of original jurisdiction.
- Nothing in this Article shall be construed as affecting any general law
- For the imposition or enforcement of any tax, rate or duty; or
- For the imposition of penalties or forfeitures for breach of the law, whether under civil process or after conviction of an offence; or
- Relating to leases, tenancies, mortgages, charges, bills of sale, or any other rights or obligations arising out of contracts; or
- Relating to the vesting and administration of the property of persons adjudged bankrupt or otherwise declared insolvent, of infants or persons suffering under some physical or mental disability, of deceased persons, and of companies, other corporate bodies and unincorporated societies, in the course of being wound up; or
- Relating to the execution of judgements or orders of courts; or
- Providing for the taking of possession of property which is in a dangerous state or is injurious to the health of human beings, plants or animals; or
- Relating to trusts and trustees; or
- Relating to the limitation of actions; or
- Relating to property vested in statutory corporations; or
- Relating to the temporary taking of possession of property for the purposes of any examination, investigation or inquiry; or
- Providing for the carrying out of work on land for the purpose of soil conservation or for the protection of water catchment areas.
15. Freedom from discriminatory legislation
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General guarantee of equality
All persons are equal before the law and entitled to equal protection under the law.
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Equality regardless of social status, Equality regardless of political party, Equality regardless of religion, Equality regardless of parentage, Equality regardless of origin, Equality regardless of language, Equality regardless of gender, Equality regardless of creed or belief
Except as expressly authorised under the provisions of this Constitution, no law and no executive or administrative action of the State shall, either expressly or in its practical application, subject any person or persons to any disability or restriction or confer on any person or persons any privilege or advantage on grounds only of descent, sex, language, religion, political or other opinion, social origin, place of birth, family status, or any of them.
- Nothing in this Article shall
- Prevent the prescription of qualifications for the service of Samoa or the service of a body corporate directly established under the law; or
- Prevent the making of any provision for the protection or advancement of women or children or of any socially or educationally retarded class of persons.
- Nothing in this Article shall affect the operation of any existing law or the maintenance by the State of any executive or administrative practice being observed on Independence Day:
Provided that the State shall direct its policy towards the progressive removal of any disability or restriction which has been imposed on any of the grounds referred to in clause (2) and of any privilege or advantage which has been conferred on any of those grounds.
PART III. THE HEAD OF STATE
Name/structure of executive(s)
16. O le Ao o le Malo
There shall be a Head of State of Samoa to be known as O le Ao o le Malo.
17. Repealed by clause (5)
Article 17 ceased to be in force on the death of Malietoa Tanumafili II on the eleventh day of May 2007 pursuant to clause (5).
Head of state selection
18. Election of Head of State
- The Head of State shall be elected by the Legislative Assembly under the provisions of the First Schedule.
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Eligibility for head of state
A person shall not be qualified to be elected to the office of Head of State
- If he is not a person qualified to be elected as a Member of Parliament; or
- If he does not possess such other qualifications as the Legislative Assembly may determine from time to time by resolution; or
- If he has previously been removed from the office of Head of State under the provisions of clause (2) of Article 21.
- The validity of the election of the Head of State shall not be contested in any court.
19. Term of office of Head of State
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Head of state term length
Subject to the provisions of Articles 17 and 21, the Head of State shall hold office for a term of five years from the date on which he assumes the functions of his office:
Provided that, notwithstanding the expiry of his term, he shall continue to hold office until his successor assumes the functions of his office or for a period of three months, whichever is the shorter period.
- Subject to the provisions of this Constitution, a person who holds, or who has held, office as Head of State, shall be eligible for re-election to that office.
- An election to fill a vacancy in the office of Head of State caused by the death, resignation or removal of the Head of State or by the expiry of the term of his office shall be held under the provisions of the First Schedule, and, subject to the provisions of this Constitution, the person elected to that office shall hold office for a term of five years from the date on which he assumes the functions of his office.
20. Disabilities of Head of State
The Head of State shall not hold any other office of profit or any other position carrying the right to remuneration for the rendering of services, or engage in any occupation for reward outside the functions of his office; but nothing in this clause shall prevent him from holding the pule over any customary land, from holding any freehold land or other private property, or from disposing of the produce of any customary or freehold land.
Head of state removal
21. Resignation and removal from office
- The Head of State may resign his office by writing under his hand addressed to the Prime Minister, who shall forthwith advise the Speaker of the Legislative Assembly of that resignation.
- The Head of State may be removed from office by the Legislative Assembly on the ground of misbehaviour or of infirmity of body or mind.
- No proposal for the removal from office of the Head of State under the provisions of clause (2) shall be effective unless
- Notice of motion setting out the grounds for the proposed removal has been given in writing and signed by not less than one-fourth of the total number of Members of Parliament (including vacancies); and
- A period of at least fourteen days has elapsed between that notice and the debate on the motion; and
- The motion has been agreed to by not less than two-thirds of the total number of Members of Parliament (including vacancies).
- A resolution carried under the provisions of clause (3), shall have the effect of removing the Head of State from his office as from the date on which the resolution is so carried.
22. Salary of Head of State
The salary of the Head of State shall be determined by Act and shall be charged on the Treasury Fund, and that salary shall not be diminished during the period of office of the Head of State, unless as part of a general reduction of salaries applied proportionately to all persons whose salaries are determined by Act.
Head of state replacement
23. Absence or incapacity
- While any vacancy exists in the office of Head of State or during the absence from Samoa of the Head of State, the Council of Deputies shall perform the functions of the office of Head of State.
- Whenever the Chief Justice declares in writing that he is satisfied by evidence, which shall include, where possible, the evidence of the wife and of at least two physicians, that the Head of State is by reason of infirmity of body or mind incapable for the time being of performing his functions as Head of State, or that he is satisfied by evidence that the Head of State is for some definite cause not available for the performance of those functions, then, until it is declared in like manner that the Head of State has so far recovered his health as to warrant his resumption of the functions of the office of Head of State or has become available for the performance thereof, as the case may be, those functions shall be performed by the Council of Deputies.
24. Special provisions as to absence or incapacity
While Tupua Tamasese Meaole and Malietoa Tanumafili II hold jointly the office of Head of State, the following provisions shall apply:
- During any period for which one joint holder of office is absent from Samoa or is incapable of, or not available for, the performance of his functions as Head of State, the other joint holder shall perform those functions.
- During any period for which neither of the joint holders is able to perform the functions of the office of Head of State, whether by reason of absence from Samoa, incapacity or unavailability, the Council of Deputies shall perform those functions.
- For the purposes of this Article, the Chief Justice shall determine, under the provisions of clause (2) of Article 23, the period during which a joint holder is incapable of, or not available for, the performance of his functions as Head of State.
Advisory bodies to the head of state, Head of state replacement
25. Council of Deputies
- There shall be a Council of Deputies, which shall consist of one, two or three persons elected by the Legislative Assembly:
Provided that, if the Assembly shall not have elected a Council of Deputies, the Chief Justice shall assume the functions of the Council.
- A person shall not be qualified to be elected as, or to continue to be, a member of the Council of Deputies unless he is qualified to be elected as Head of State under the provisions of Article 18.
- An election of members of the Council of Deputies shall be held as soon as possible after each election of a Head of State:
Provided that, while the provisions of Article 17 are in force, an election of members of the Council of Deputies shall be held as soon as possible after Independence Day and, thereafter, at intervals of not less than four years and nine months and not more than five years and three months.
- If at any time the number of members of the Council of Deputies is less than three, the Legislative Assembly may elect as a member of the Council a person qualified to be elected under the provisions of clause (2), and any person so elected shall hold office until the next ensuing election held under the provisions of clause (3).
- Subject to the provisions of clause (2), a member of the Council of Deputies shall be eligible for re-election.
- A member of the Council of Deputies may resign his office by writing under his hand addressed to the Prime Minister, who shall forthwith advise the Speaker of the Legislative Assembly of that resignation.
- The Legislative Assembly may, on a motion carried by not less than two-thirds of the total number of Members of Parliament (including vacancies), remove from office a member of the Council of Deputies on the ground of stated misbehaviour or of infirmity of body or mind.
- The salaries of members of the Council of Deputies shall be determined by Act and shall be charged on the Treasury Fund, but an Act may provide that no such salary shall be payable to such a member for any period for which he is a full time salaried employee of the Government. The salaries of such members shall not be diminished during their period of office, unless as part of a general reduction of salaries applied proportionately to all persons whose salaries are determined by Act.
- A member of the Council of Deputies shall not be qualified to be elected as a Member of Parliament:
Provided that the provisions of this clause shall not disqualified a member of the Council from being elected to the office of Head of State.
- The Council of Deputies shall determine which of its members shall, from time to time, preside over the Council.
- Subject to the provisions of this Constitution, the Council of Deputies may regulate its procedure in such manner as it thinks fit.
Name/structure of executive(s)
26. Head of State to act on advice
- Except as otherwise provided in this Constitution, the Head of State in the performance of his functions shall act on the advice of Cabinet, the Prime Minister or the appropriate Minister, as the case may be.
- If Cabinet, the Prime Minister or an appropriate Minister tenders advice to the Head of State as to the performance of any function of the Head of State and, if the Head of State does not, within seven days after the date on which the tendering of that advice comes to the notice of the Secretary to the Head of State, accept that advice or take some other action in relation thereto which he is entitled to take under the provisions of this Constitution or of any Act, the Head of State shall be deemed to have accepted that advice; and an instrument under the hand of the Secretary to Cabinet, acting on the instruction of the Prime Minister, to that effect shall operate as the performance of the function concerned in accordance with that advice.
Name/structure of executive(s)
27. Information for Head of State
It shall be the duty of the Prime Minister
- To arrange for the circulation to the Head of State of copies of the agenda and minutes of Cabinet and of all other papers laid before Cabinet at the time when they are circulated to Ministers; and
- To furnish such information relating to the administration of the affairs of Samoa and proposals for legislation as the Head of State may call for.
Oaths to abide by constitution
28. Oath of office
The Head of State and each member of the Council of Deputies shall, before assuming the functions of his office, take and subscribe before the Chief Justice an oath in the form set out in the Third Schedule.
29. Public Seal
The Head of State shall keep and use the Public Seal of Samoa.
30. Secretary to Head of State
There shall be a Secretary to the Head of State.
PART IV. THE EXECUTIVE
Name/structure of executive(s)
31. Executive power
- The executive power of Samoa shall vest in the Head of State and shall be exercised by him under the provisions of this Constitution.
- Nothing in clause (1) shall prevent Parliament from conferring by Act functions on authorities other than the Head of State.
Establishment of cabinet/ministers, Powers of cabinet
32. Cabinet
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Cabinet removal
There shall be a Cabinet of Ministers, who shall have the general direction and control of the executive government of Samoa and shall be collectively responsible therefor to Parliament.
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Name/structure of executive(s)
Cabinet shall be appointed as follows:
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Head of government selection
The Head of State shall appoint as Prime Minister to preside over Cabinet a Member of Parliament who commands the confidence of a majority of the Members of Parliament.
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Eligibility for cabinet, Cabinet selection
The Head of State shall, acting on the advice of the Prime Minister appoint not fewer than eight nor more than twelve Members of Parliament to be Ministers.
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Deputy executive
The Head of State shall, acting on the advice of the Prime Minister, appoint one of the Ministers appointed under subclause (b) to be Deputy Prime Minister.
- If an appointment is to be made while the Legislative Assembly is dissolved, a person who was a Member of Parliament immediately before the Assembly was last dissolved may be appointed to be Prime Minister or a Minister.
- Appointments under the provisions of this clause shall be made by the Head of State by instrument under the Public Seal.
- The Head of State shall, acting on the advice of the Prime Minister, appoint another Member or Members of Parliament to be a Minister or Ministers as soon as possible after the number of Ministers falls below the number appointed pursuant to subclause (b) of this clause by reason of the office of any Minister or Ministers becoming vacant, so that the number of Ministers (in addition to the Prime Minister) shall be restored to the number appointed pursuant to subclause (b) of this clause as soon as possible.
Head of government removal, Cabinet removal, Establishment of cabinet/ministers
33. Vacation of Office
- The appointment of the Prime Minister who is in office at the commencement of the first session of the Legislative Assembly following a dissolution thereof shall be terminated by the Head of State on the seventh day of that session if the Prime Minister has not sooner resigned.
- The appointment of the Prime Minister shall also be terminated by the Head of State
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Head of government's role in the legislature
If the Prime Minister ceases to be a Member of Parliament for any reason other than a dissolution of the Legislative Assembly; or
- If the Legislative Assembly passes a motion in express words of no confidence in Cabinet or if Cabinet is defeated on any question or issue which the Prime Minister has declared to be a question or issue of confidence:
Provided that, if after the passing of such a motion or after that defeat the Prime Minister so requests, the Head of State may dissolve the Legislative Assembly instead of terminating the appointment of the Prime Minister; or
- If the Prime Minister resigns his office by writing under his hand addressed to the Head of State; or
- If the Prime Minister is absent from Samoa without written permission given by the Head of State, acting in his discretion.
- The office of any other Minister shall become vacant
- If the appointment of the Prime Minister has been terminated under the provisions of clause (1) or clause (2); or
- If the appointment of the Minister to that office is revoked by the Head of State, acting on the advice of the Prime Minister, by instrument under the Public Seal; or
- If the Minister ceases to be a Member of Parliament for any reason other than a dissolution of the Legislative Assembly; or
- If the Minister resigns his office by writing under his hand addressed to the Head of State; or
- If the Minister is absent from Samoa without written permission given by the Head of State, acting on the advice of the Prime Minister.
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Head of government replacement
Whenever, by reason of illness or of absence from Samoa with the written permission of the Head of State, the Prime Minister is temporarily prevented from performing in Samoa, the functions of his office, the Head of State may, by instrument under the Public Seal, appoint the Deputy Prime Minister to perform those functions, or another Minister where this is not possible, until such time as the Prime Minister is capable of again performing them or has vacated his Office.
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Head of government replacement
The power conferred on the Head of State under the provisions of clause (4) shall be exercised by the Head of State, acting in his discretion, if in his opinion it is impracticable to obtain the advice of the Prime Minister by reason of the illness or absence of the Prime Minister and, in any other case, shall be exercised by the Head of State, acting on the advice of the Prime Minister.
- The Head of State, acting on the advice of the Prime Minister, may by instrument under the Public Seal
- Declare a Minister to be by reason of illness temporarily incapable of performing his functions as a Minister; or
- Suspend a Minister during the period of any investigation or inquiry into the conduct of that Minister.
- Any Minister in respect of whom action has been taken under the provisions of clause (6) shall not perform any of the functions of his office or sit in or otherwise take part in the proceedings of Cabinet until the Head of State, acting on the advice of the Prime Minister, has revoked the aforesaid instrument under the Public Seal.
Oaths to abide by constitution
34. Official oath
Every Minister shall, before assuming the functions of his office, take and subscribe before the Head of State an oath in the form set out in the Third Schedule.
Head of government powers
35. Assignment of responsibilities to Ministers
- The Prime Minister may, by direction in writing under his hand
- Charge any Minister with the responsibility for any Department or subject; and
- Revoke or vary any direction given under the provisions of this clause.
- The Prime Minister may retain in his charge any Department or subject.
36. Summoning of Cabinet
Cabinet shall be summoned only by the Prime Minister or, in his absence, by such Minister as the Prime Minister shall appoint in that behalf.
Establishment of cabinet/ministers
37. Cabinet procedure
- Subject to the provisions of this Constitution, Cabinet may regulate its procedure (including the fixing of a quorum) in such manner as it thinks fit.
- There shall be a Secretary to Cabinet.
- Cabinet shall not be disqualified for the transaction of business by reason of any vacancy in the number of its members and any proceedings of Cabinet shall be valid notwithstanding that some person who was not entitled to do so sat or voted in Cabinet or otherwise took part in the proceedings.
- It shall be the duty of the Prime Minister, if the Head of State so requires, to submit for the consideration of Cabinet any matter on which a decision has been taken by a Minister (including the Prime Minister) but which has not been considered by Cabinet.
- A decision of Cabinet shall be recorded in minutes which shall, under the hand of the Secretary to Cabinet, be communicated to the Secretary to the Head of State within twenty-four hours of the making of the decision.
- A decision of Cabinet shall not take effect except under the provisions of Article 38.
Establishment of cabinet/ministers
38. When decisions of Cabinet are to take effect
- A decision of Cabinet shall take effect
- On its approval by the Head of State, acting in his discretion; or
- On the expiry of four days after the date of the decision, unless a meeting of the Executive Council is sooner held under the provisions of Article 40; or
- If the issue involved in the decision is, in the opinion of a majority of Ministers present and voting at the meeting at which the decision is taken, of extreme urgency, on the expiry of one day after the date of the decision, unless a meeting of the Executive Council is sooner held under the provisions of Article 40; or
- Under the provisions of Article 40.
- For the purposes of subclauses (b) and (c) of clause (1), the date of a decision of Cabinet shall be the date on which the minutes in which the decision is recorded are communicated to the Secretary to the Head of State under the provisions of clause (5) of Article 37.
- An instrument under the hand of the Secretary to Cabinet certifying that a decision of Cabinet has taken effect shall be conclusive evidence that that decision has taken effect.
Advisory bodies to the head of state
39. Executive Council
- There shall be an Executive Council of Samoa, which shall consist of:
- The Head of State:
- The Prime Minister and Ministers holding office under the provisions of Articles 32 and 33.
- Subject to the provisions of this Constitution, the Executive Council may regulate its procedure (including the fixing of a quorum) in such manner as it thinks fit.
- The Secretary to Cabinet shall be Clerk of the Executive Council.
Advisory bodies to the head of state
40. Consideration of Cabinet decisions by Executive Council
- The Head of State, acting in his discretion, or the Prime Minister may summon a meeting of the Executive Council to consider any decision recorded in the minutes of a Cabinet meeting.
- If at a meeting of the Executive Council thus summoned the Head of State supports the decision concerned, that decision shall take effect as a decision of Cabinet.
- If at a meeting of the Executive Council thus summoned the Head of State opposes the decision concerned or requests any amendment thereto, Cabinet shall thereupon be summoned under the provisions of Article 36 and requested to reconsider that decision.
- If Cabinet after that reconsideration reaffirms its original decision or accepts the amendment requested by the Head of State, the original decision or the decision as so amended, as the case may be, shall forthwith take effect as a decision of Cabinet.
- If Cabinet after that reconsideration adopts a decision which incorporates an amendment to its original decision, other than an amendment requested by the Head of State under the provisions of clause (3), the decision as so amended shall operate as a new decision of Cabinet to which the provisions of clauses (5) and (6) of Article 37 shall apply.
Attorney general
41. Attorney-General
- The Head of State, acting on the advice of the Prime Minister, shall appoint an Attorney-General, who shall be a person qualified to be a Judge of the Supreme Court.
- The Attorney-General shall advise on legal matters referred to him by the Head of State, Cabinet, the Prime Minister or a Minister and shall have power, exercisable in his discretion, to institute, conduct or discontinue any proceedings for an offence alleged to have been committed.
- The Attorney-General shall have a right of audience in, and shall take precedence over any other person appearing before, any court or tribunal.
- The powers of the Attorney-General may be exercised by him in person or by officers subordinate to him, acting under and in accordance with his general or special instructions.
- The Attorney-General shall hold office for such term or terms and under such conditions as may be determined by the Head of State, acting on the advice of the Prime Minister.
PART V. PARLIAMENT
Structure of legislative chamber(s)
42. Parliament
There shall be a Parliament of Samoa, which shall consist of the Head of State and the Legislative Assembly.
43. Power to make laws
Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of Samoa and laws having effect outside as well as within Samoa.
First chamber selection
44. Members of the Legislative Assembly
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Size of first chamber
Subject to the provisions of this Article, the Legislative Assembly shall consist of:
- One member elected for each of 41 territorial constituencies having such names and boundaries and including such villages or sub-villages or villages and sub-villages as are prescribed from time to time by Act:
- Six additional members being one additional member elected for each of such 6 of those territorial constituencies as are prescribed from time to time by Act.
- Members elected by those persons whose names appear on the individual voters' roll.
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First chamber representation quotas
Subject to this Article, women Members of the Legislative Assembly shall:
- Consist of a minimum of 10% of the Members of the Legislative Assembly specified under clause (1) which for the avoidance of doubt is presently five (5); and
- Be elected pursuant to clause (1) or become additional Members pursuant to clause (1B), (1D) or (1E).
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First chamber representation quotas
If, following any general election:
- All members elected under clause (1) are men, the prescribed number of women candidates (if any) with the highest number of votes shall become additional Members; or
- Less than the prescribed number of women candidates are elected under clause (1), the remaining prescribed number of women candidates (if any) with the highest number of votes shall become additional Members for the purposes of clause (1A).
- Clause (1B) does not apply if the prescribed number of women are all elected under clause (1).
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Replacement of legislators
If the seat of an additional Member becomes vacant, it shall, despite Article 48, be filled by the woman candidate (if any) who has the next highest number of votes at the last election or general election.
- Subject to Article 48, if a seat under clause (1) held by a woman becomes vacant, to which a man is elected to fill that vacant seat, the woman candidate (if any) with the highest number of votes from that election or the last election or general election shall become the additional Member.
- If, in the selection of the required number of women under clause (1B), (1D) or (1E), two (2) or more candidates have equal number of votes, the additional Member shall be selected by lot before the Electoral Commissioner with the presence of the candidates or their authorised representatives and at least two (2) police officers.
- If a woman candidate becomes an additional Member of a constituency (irrespective of a woman candidate being elected to that constituency), no other woman candidate from the same constituency shall become an additional Member unless there is no other woman candidate from any other constituency to make up the required prescribed number.
- The number of members to be elected under the provisions of subclause (b) of clause (1) shall be determined under the provisions of the Second Schedule.
- Subject to the provisions of this Constitution, the mode of electing members of the Legislative Assembly, the terms and conditions of their membership, the qualifications of electors, and the manner in which the roll for each territorial constituency and the individual voters roll shall be established and kept shall be prescribed by law.
- Members of the Legislative Assembly (including additional Members) shall be known as Members of Parliament.
- In this Article, unless the context otherwise requires:
- “Additional Member” means a woman who is a Member of Parliament by virtue of clause (1B), (1D) or (1E) for the purposes of clause (1A);
“Highest number of votes” means the percentage of the total valid votes in a constituency polled by a woman candidate;
“Prescribed number” means the minimum number of women Members of Parliament specified under clause (1A).
45. Qualifications for membership
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Eligibility for head of state, Eligibility for cabinet, Eligibility for first chamber
Any person shall be qualified to be elected as a Member of Parliament who
- Is a citizen of Samoa; and
- Is not disqualified under the provisions of this Constitution or of any Act.
- If any person other than a person qualified under the provisions of clause (1) is elected as a Member of Parliament, the election of that person shall be void.
Term length for first chamber
46. Tenure of office of members
- Every Member of Parliament shall cease to be a Member at the next dissolution of the Legislative Assembly after he has been elected or previously thereto if his seat becomes vacant under the provisions of clause (2).
- The seat of a Member of Parliament shall become vacant
- Upon his death; or
- If he resigns his seat by writing under his hand addressed to the Speaker; or
- If he ceases to be a citizen of Samoa; or
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Removal of individual legislators
If he becomes disqualified under the provisions of this Constitution or of any Act.
- Notwithstanding Articles 13 and 15, an Act may provide that the seat of a Member of Parliament becomes vacant during his or her term of office:
- where in certain circumstances the Member -
- resigns or withdraws from or changes his or her political party;
- joins a political party if he or she is not a member of the political party;
- where the Member holds himself or herself out to be a member or a representative of -
- a party or organisation that has political aims and is desirous of taking part in an election where such party or organisation is not registered as a political party under an Act; or
- a political party other than the political party of which he or she is a member.
47. Decisions on questions as to membership
All questions that may arise as to the right of any person to be or to remain a Member of Parliament shall be referred to and determined by the Supreme Court.
Replacement of legislators
48. Filling vacancies
Whenever the seat of a Member of Parliament becomes vacant under the provisions of clause (2) of Article 46, the Speaker shall, by writing under his hand, report that vacancy to the Head of State, and the vacancy shall be filled by election in the manner provided by law.
Leader of first chamber
49. Election of Speaker
- The Legislative Assembly shall, immediately when it first meets after a general election and as soon as possible after any vacancy occurs in the office of Speaker otherwise than by reason of a dissolution of the Assembly, elect a Member of Parliament to be Speaker of the Legislative Assembly.
- The Speaker, upon being elected and before assuming the functions of his office, shall take and subscribe before the Head of State an Oath of Allegiance in the form set out in the Third Schedule.
- The Speaker may at any time resign his office by writing under his hand addressed to the Clerk of the Legislative Assembly and shall vacate his office
- If he ceases to be a Member of Parliament; or
- If he is appointed to be a Minister.
Leader of first chamber
50. The Deputy Speaker
- The Legislative Assembly may elect a Member of Parliament, not being a Minister, to be Deputy Speaker.
- The Deputy Speaker may at any time resign his office by writing under his hand addressed to the Clerk of the Legislative Assembly and shall vacate his office
- If he ceases to be a Member of Parliament; or
- If he is appointed to be a Minister; or
- If he is elected to be Speaker.
- Subject to the provisions of this Constitution, the functions conferred under the provisions of this Constitution upon the Speaker shall, if there is no person holding the office of Speaker or if the Speaker is absent from Samoa or is otherwise unable to perform those functions, be performed by the Deputy Speaker.
51. Clerk of the Legislative Assembly
There shall be a Clerk of the Legislative Assembly.
52. Meetings of the Legislative Assembly
The Legislative Assembly shall meet at such times and at such places as the Head of State appoints from time to time in that behalf by notice published in the Samoa Gazette and recorded in the Savali:
Provided that the assembly shall meet not later than forty-five days after the holding of a general election and at least once in every year thereafter, so that a period of twelve months shall not intervene between the last sitting of the Assembly in one session and the first sitting thereof in the next session.
53. Standing Orders
Subject to the provisions of this Constitution, the Legislative Assembly may make, amend and repeal standing orders regulating its procedure.
Legislative committees, Official or national languages
54. Languages
- All debates and discussions in the Legislative Assembly shall be conducted in the Samoan language and the English language.
- The Minutes and the debates of the Legislative Assembly, every bill introduced therein, every paper presented thereto, and all minutes of proceedings, minutes of evidence and reports of committees of the Assembly shall be in the Samoan language and the English language.
Leader of first chamber
55. Presiding over Legislative Assembly
The Speaker, or in his absence the Deputy Speaker, shall preside over sittings of the Legislative Assembly. In the absence from any sitting of both the Speaker and the Deputy Speaker, the Members of Parliament present shall choose one of their number (not being a Minister) to preside over that sitting.
56. Proceedings are valid
The Legislative Assembly shall not be disqualified for the transaction of business by reason of any vacancy among the Members of Parliament, including any vacancy not filled at a general election, and any proceedings therein shall be valid notwithstanding that some person who was not entitled to do so sat or voted in the Assembly or otherwise took part in the proceedings.
Quorum for legislative sessions
57. Quorum
No business shall be transacted at any sitting of the Legislative Assembly if objection is taken by any Member of Parliament present that the number of Members present is (besides the Speaker or other Member presiding) fewer than one-half of the total number of Members of Parliament (excluding vacancies).
58. Voting
- Except as otherwise provided in this Constitution, every question before the Legislative Assembly shall be decided by a majority of the votes of the Members of Parliament present.
- The Speaker, or the Deputy Speaker or any other Member of Parliament while presiding over a sitting of the Legislative Assembly in the absence of the Speaker, shall not have a deliberative vote but, in the case of an equality of votes, shall have a casting vote.
Initiation of general legislation
59. Introduction of bills etc. into Legislative Assembly
Subject to the provisions of this Part and of the Standing Orders of the Legislative Assembly, any Member of Parliament may introduce any bill or propose any motion for debate in the Assembly or present any petition to the Assembly, and the same shall be considered and disposed of under the provisions of the Standing Orders:
Provided that, except upon the recommendation or with the consent of the Head of State, the Assembly shall not proceed upon any bill which, in the opinion of the Speaker, the Deputy Speaker or other Member of Parliament presiding, would dispose of or charge the Treasury Fund or any other public fund or account, or revoke or alter any disposition thereof or charge thereon, or impose, alter or repeal any tax, rate or duty.
Approval or veto of general legislation
60. Bills assented to become Acts of Parliament
- No bill shall become a law until the Head of State has given his assent thereto.
- Whenever a bill which has been passed by the Legislative Assembly is presented to the Head of State for his assent, he shall, acting on the advice of the Prime Minister, declare that he assents to the bill or that he refuses his assent to the bill.
- A law assented to by the Head of State as herein provided shall be known as an Act of Parliament and shall come into force either on the day on which it is assented to, or on any date (whether earlier or later than the date on which it is assented to) specified in that behalf in the Act.
Oaths to abide by constitution
61. Oath of Allegiance
Except for the purpose of enabling this Article to be complied with and for the election of a Speaker, no Member of Parliament shall sit or vote in the Legislative Assembly until he shall have taken and subscribed before the Assembly an Oath of Allegiance in the form set out in the Third Schedule.
Immunity of legislators
62. Privileges of Legislative Assembly
The privileges, immunities and powers of the Legislative Assembly, of the committees thereof and of Members of Parliament may be determined by Act:
Provided that no such privilege or power may extend to the imposition of a fine or to committal to prison for contempt or otherwise, unless provision is made by Act for the trial and punishment of the person concerned by the Supreme Court.
Dismissal of the legislature
63. Prorogation and dissolution of Legislative Assembly
- The Head of State may at any time, by notice published in the Samoa Gazette, prorogue the Legislative Assembly.
- If, at any time, the office of Prime Minister is vacant, the Head of State shall, by notice published in the Samoa Gazette, dissolve the Legislative Assembly as soon as he is satisfied, acting in his discretion, that a reasonable period has elapsed since that office was last vacated and that there is no Member of Parliament likely to command the confidence of a majority of the Members.
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Dismissal of the legislature
The Head of State may at any time, by notice published in the Samoa Gazette, dissolve the Legislative Assembly, if he is advised by the Prime Minister to do so, but shall not be obliged to act in this respect in accordance with the advice of the Prime Minister unless he is satisfied, acting in his discretion, that, in tendering that advice, the Prime Minister commands the confidence of a majority of the Members of Parliament.
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Dismissal of the legislature, Term length for first chamber
The Head of State shall dissolve the Legislative Assembly at the expiry of five years from the date of the last preceding general election, if it has not been sooner dissolved.
64. General elections
There shall be a general election of the Legislative Assembly at such time within three months after every dissolution of the Assembly as the Head of State appoints by notice in the Samoa Gazette.
PART VI. THE JUDICIARY
Structure of the courts
65. Constitution of the Supreme Court
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Number of supreme court judges
There shall be a Supreme Court of Samoa, which shall be a superior court of record and shall consist of a Chief Justice and such number of other Judges as may be determined by Act.
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Supreme court selection
The Chief Justice of the Supreme Court shall be appointed by the Head of State, acting on the advice of the Prime Minister.
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Eligibility for supreme court judges
A person shall not be qualified for appointment as a Judge of the Supreme Court unless
- He possesses such qualifications as the Head of State, acting on the advice of the Judicial Service Commission, may prescribe; and
- He has been in practice as a barrister in Samoa, or in an approved country, or partly in the one and partly in the other, for a period of, or periods amounting in the aggregate to, not less than eight years.
- In computing, for the purposes of subclause (b) of clause (3), the period or periods during which any person has been in practice as a barrister, any period or periods during which he has held judicial office in a court of superior or subordinate jurisdiction in Samoa or an approved country shall be included.
- For the purposes of this Article or of clause (4) of Article 75 or of both of them, the Head of State, acting on the advice of the Judicial Service Commission, may designate as an approved country any country which, in the opinion of the Commission, has a legal system similar to that existing in Samoa.
66. Powers of Judges of the Supreme Court
Each Judge of the Supreme Court or any two or more Judges may, in any part of Samoa and at any time or place, exercise all the powers of the Supreme Court.
Oaths to abide by constitution
67. Oath of office
Every Judge of the Supreme Court shall, before assuming the functions of his office, take and subscribe before the Head of State an oath in the form set out in the Third Schedule.
Supreme court term length
68. Tenure of office
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Mandatory retirement age for judges
Except in the case of an appointment made under the provisions of clause (2), a Judge of the Supreme Court shall hold office until he reaches the age of 68 years:
Provided that the Head of State, acting (in the case of the Chief Justice) on the advice of the Prime Minister or (in the case of any other Judge of the Supreme Court) on the advice of the Judicial Service Commission, may extend the period of office of a Judge who has reached the age of 68 years.
- Any person of any age who is not a citizen of Samoa and who is qualified for appointment under the provisions of clause (3) of Article 65 may be appointed to hold office as a Judge of the Supreme Court for a term of years.
- Nothing done by a Judge of the Supreme Court in the performance of his functions shall be deemed to be invalid by reason only that he has reached the age at which he is required by this Article to retire or that his term of office has expired, as the case may be.
- A Judge of the Supreme Court may resign his office by writing under his hand addressed to the Head of State.
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Supreme/ordinary court judge removal
A Judge of the Supreme Court shall not be removed from office, except by the Head of State on an address of the Legislative Assembly carried by not less than two-thirds of the total number of Members of Parliament (including vacancies), praying for his removal from office on the ground of stated misbehaviour or of infirmity of body or mind.
- The Head of State, acting (in the case of the Chief Justice) on the advice of the Prime Minister or (in the case of any other Judge of the Supreme Court) on the advice of the Judicial Service Commission, may at any time when the Legislative Assembly is not meeting suspend a Judge of the Supreme Court from his office, and such suspension, unless previously revoked, shall continue in force until the end of the next ensuing session and no longer.
Protection of judges' salaries
69. Salaries of Judge of the Supreme Court
The salaries of Judges of the Supreme Court to whom clause (1) of Article 68 applies shall be determined by Act and shall be charged on the Treasury Fund. The salaries of such Judges shall not be diminished during their period of office, unless as part of a general reduction of salaries applied proportionately to all persons whose salaries are determined by Act.
70. Acting Chief Justice
- While any vacancy exists in the office of Chief Justice or during any absence from Samoa of the Chief Justice, the senior Judge of the Supreme Court shall have authority to act as Chief Justice and to perform the functions of the office of Chief Justice.
- Wherever by reason of illness or any cause other than absence from Samoa the Chief Justice is unable to perform the functions of the office of Chief Justice, the Head of State, acting on the advice of the Prime Minister, may authorise the senior Judge of the Supreme Court to act as Chief Justice until the Chief Justice resumes those functions, and, during that period, to perform those functions.
- The authority conferred on the Acting Chief Justice under the provisions of this Article shall not include power to preside over the Court of Appeal unless he is qualified by virtue of his seniority to preside thereover under the provisions of clause (3) of Article 75.
71. Acting Judge of the Supreme Court
- If the office of any Judge of the Supreme Court (other than the Chief Justice) is vacant or if any such Judge is unable to perform the functions of his office, the Head of State, acting on the advice of the Judicial Service Commission, may appoint a person qualified under the provisions of clause (3) of Article 65 to be temporarily a Judge of the Supreme Court:
Provided that a person may be so appointed notwithstanding that he has attained the age of 68 years.
- Any person appointed under the provisions of clause (1) to be temporarily a Judge of the Supreme Court shall hold office for the period of his appointment or, if no such period is specified, until his appointment is revoked by the Head of State, acting on the advice of the Judicial Service Commission:
Provided that he may at any time resign his office by writing under his hand addressed to the Head of State.
Establishment of judicial council
72. Judicial Service Commission
- There shall be a Judicial Service Commission, which shall consist of:
- The Chief Justice, as President:
- The Attorney-General or, if for any reason the Attorney-General is unable to act, the Chairman of the Public Service Commission:
- A person nominated from time to time by the Minister of Justice.
- No business shall be transacted by the Judicial Service Commission unless three members are present, and all questions proposed for decision by the Commission shall be decided by a majority of the votes of those members.
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Supreme court selection, Ordinary court selection
The power of appointing, promoting and transferring any judicial officer, other than the Chief Justice, and of dismissing any judicial officer, other than a Judge of the Supreme Court, is hereby vested in the Head of State, acting on the advice of the Judicial Service Commission.
73. Jurisdiction of the Supreme Court
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Right to appeal judicial decisions
The Supreme Court shall have such original, appellate and revisional jurisdiction as may be provided by Act.
- Without prejudice to any appellate or revisional jurisdiction of the Supreme Court, where in any proceedings before another court (except the Court of Appeal) a question arises as to the interpretation or effect of any provision of this Constitution, the Supreme Court may, on the application of any party to the proceedings, determine that question and either dispose of the case or remit it to that other court to be disposed of in accordance with the determination.
- The Head of State, acting on the advice of the Prime Minister, may refer to the Supreme Court for its opinion any question as to the interpretation or effect of any provision of this Constitution which has arisen or appears likely to arise, and the Court shall pronounce its opinion on any question so referred to it.
Structure of the courts
74. Subordinate courts
There shall be such subordinate courts possessing such jurisdiction and powers as may be provided by Act.
Structure of the courts
75. Constitution of Court of Appeal
- There shall be a Court of Appeal of Samoa, which shall be a superior court of record.
- Subject to the provisions of this Part, the Judges of the Court of Appeal shall be:
- The Chief Justice and the other Judges of the Supreme Court:
- Such persons, possessing the qualifications prescribed under the provisions of clause (3) of Article 65, as may be appointed from time to time by the Head of State, acting on the advice of the Judicial Service Commission.
- The Chief Justice shall be President of the Court of Appeal, but, in his absence, the senior Judge of the Court present at the appeal or, if the Judges so present are of the same seniority, a Judge designated by the Chief Justice shall preside.
- Judges of the Court of Appeal shall take seniority according to the respective dates of their first appointment as Judges of a superior court in Samoa or in any approved country.
- An appointment under the provision of subclause (b) of clause (2) shall be for a period of time or for the trial or hearing of particular causes or matters, as may be specified in the instrument of appointment.
76. Number of Judges
- Any three Judges of the Court of Appeal may exercise all the powers of the Court:
Provided that the Court may have its judgment delivered by any one of its members who is also a Judge of the Supreme Court, and if there is no such member then through the Registrar of the Court of Appeal.
- The judgment of the Court of Appeal shall be in accordance with the opinion of the majority of the Judges present.
77. Judges not to sit on appeals from own decisions
A Judge of the Court of Appeal shall not sit on the hearing of an appeal from any decision made by him or by a court on which he sat as a member.
Oaths to abide by constitution
78. Oath of office
Any person appointed under the provisions of subclause (b) of clause (2) of Article 75 to be a Judge of the Court of Appeal shall, on first appointment, take and subscribe before the Head of State an oath in the form set out in the Third Schedule.
Right to appeal judicial decisions
79. General jurisdiction of Court of Appeal
Subject to the provisions of this Constitution, the Court of Appeal shall have jurisdiction to hear and determine such appeals (including proceedings removed by order of the Supreme Court to the Court of Appeal) as may be provided by Act.
Constitutional interpretation
80. Jurisdiction on constitutional questions
- An appeal shall lie to the Court of Appeal from any decision of the Supreme Court in any proceeding, if the Supreme Court certifies that the case involves a substantial question of law as to the interpretation or effect of any provision of this Constitution.
- Where the Supreme Court has refused to give such a certificate, the Court of Appeal may, if it is satisfied that the case involves a substantial question of law as to the interpretation or effect of any provision of this Constitution, grant special leave to appeal from that decision.
- Where such a certificate is given or such leave is granted, any party in the case may appeal to the Court of Appeal on the ground that any such question as aforesaid has been wrongly decided and, with the leave of that Court, on any other ground.
81. Jurisdiction in respect of fundamental rights
An appeal shall lie to the Court of Appeal from any decision of the Supreme Court in any proceedings under the provisions of Article 4.
82. Definition of "decision
In Articles 77, 80, 81 and 119, "decision" declaration, includes judgment, decree, order, writ, declaration, conviction, sentence, opinion or other determination.
PART XI. GENERAL AND MISCELLANEOUS
Constitution amendment procedure
109. Amendment of Constitution
- Any of the provisions of this Constitution may be amended or repealed by Act, and new provisions may be inserted in this Constitution by Act, if a bill for any such purpose is supported at its third reading by the votes of not less than two-thirds of the total number of Members of Parliament (including vacancies) and if not fewer than ninety days elapse between the second and third readings of that bill:
Provided that no bill amending, repealing or adding to the provisions of Article 102 or the provisions of this proviso shall be submitted to the Head of State for assent until it has been submitted to a poll of the electors on the rolls for the territorial constituencies established under the provisions of Article 44 and unless it has been supported by two-thirds of the valid votes cast in such a poll.
- A certificate under the hand of the Speaker that a bill has been passed under the provisions of clause (1) shall be conclusive and shall not be questioned in any court.
Power to pardon
110. Power of pardon
- The Head of State shall have power to grant pardons, reprieves and respites, and to remit, suspend or commute any sentence passed by any court, tribunal or authority established under the law.
- In the exercise of the powers conferred upon him under the provisions of clause (1), the Head of State shall act in his discretion after consultation with such Minister as the Prime Minister shall designate from time to time.
111. Interpretation
- In this Constitution, unless it is otherwise provided or the context otherwise requires -
- "Act" or "Act of Parliament" means an Act of the Parliament of Samoa; and includes any Ordinance of the Legislative Assembly of the Trust Territory constituted under the provisions of the Samoa Amendment Act 1957:
"Cabinet" means the Cabinet of Ministers:
"Chief Justice" means the Chief Justice of the Supreme Court of Samoa:
"Court of Appeal" means the Court of Appeal of Samoa:
"Employee of the Public Service" means a person employed in the Public Service:
"Existing law" means any law in force in the Trust Territory of Samoa or any part thereof immediately before Independence Day:
"Head of State" means the Head of State of Samoa:
"High Court" means the High Court of Samoa constituted under the provisions of the Samoa Act 1921:
"Independence Day" means the day on which this Constitution comes into force under the provisions of Article 113:
"Judicial officer" means the holder of any judicial office, but does not include an employee of the Public Service who exercises all or any of the functions of a judicial office:
"Law" means any law for the time being in force in Samoa; and includes this Constitution, any Act of Parliament and any proclamation, regulation, order, by-law or other act of authority made thereunder, the English common law and equity for the time being in so far as they are not excluded by any other law in force in Samoa, and any custom or usage which has acquired the force of law in Samoa or any part thereof under the provisions of any Act or under a judgement of a Court of competent jurisdiction:
"Legislative Assembly" means the Legislative Assembly constituted under the provisions of Article 44:
"Legislative Assembly of the Trust Territory" means the Legislative Assembly constituted under the provisions of the Samoa Amendment Act 1957 and in being immediately before Independence Day:
"Minister" includes the Prime Minister:
"Office of profit" means any office in the service of Samoa carrying the right to salary, and includes any office declared by Act to be an office of profit:
"Officer of the Public Service" means an employee of the Public Service other than a person employed in a temporary capacity or on probation:
"Parliament" means the Parliament of Samoa:
"Proclamation" means a proclamation made by the Head of State under his hand and the Public Seal of Samoa and published in the Samoa Gazette:
"Property" includes real and personal property, any estate or interest in any real or personal property, any debt, anything in action, and any other right or interest:
"Public Seal" means the Public Seal of Samoa:
"Public Service Commission" means the Public Service Commission of Samoa:
"Salary" includes salary or wages, allowances, superannuation rights, free or subsidised housing, free or subsidised transport, and other privileges capable of being valued in money:
"Service of Samoa" means service in any capacity of Samoa; and includes service in any of the capacities named in subclauses (a) to (m) inclusive of Article 83, but not service in respect of the Samoa Trust Estates Corporation:
"Speaker" means the Speaker of the Legislative Assembly:
"Supreme Court" means the Supreme Court of Samoa:
"Samoa Trust Estates Corporations" means the corporation constituted under the name "Western Samoa Trust Estates Corporation" on Independence Day.
- Where in this Constitution reference is made to the Samoa Act 1921 or to any amendment to that Act, that reference shall be construed as a reference to the Act of the Parliament of New Zealand bearing the short title "the Samoa Act 1921" or to the relevant amendment thereto, including any amendment to that Act of the Parliament of New Zealand or that relevant amendment.
- Unless the context otherwise requires, where in this Constitution reference is made to a specified Part, Article or Schedule, that reference shall be construed as a reference to that Part or Article of, or that Schedule to, this Constitution; and, where reference is made to a specified clause, subclause or paragraph, that reference shall be construed as a reference to that clause of the Article, that subclause of the clause or that paragraph of the subclause in which the reference occurs.
- Where under the provisions of this Constitution a person is required to take and subscribe an oath, he shall be permitted, if he so desires, to comply with that requirement by taking and sub-scribing an affirmation.
- Where in this Constitution reference is made to the functions of any office, that reference shall, unless the context otherwise requires, be construed as a reference to the functions of that office and to any powers and authorities that may lawfully be exercised by, and any duties that may be required to be performed by, the holder of that office.
- Where in this Constitution reference is made to any officer by the term designating his office, that reference shall, unless the context otherwise requires, be construed as a reference to the officer for the time being lawfully performing the functions of that office.
- Where this Constitution confers any power to make any appointment to any office, the person or authority having power to make the appointment shall, unless the context otherwise requires, have power, exercisable in a like manner
- To direct that a person other than the person appointed shall, during any period that the person appointed is unable to perform the functions of his office owing to absence or inability to act from illness or any other cause, perform the functions of that office;
- To appoint another person substantively to an office notwithstanding that there is a substantive holder thereof, when that substantive holder is on leave of absence pending relinquishment of his office;
- To direct that a person shall perform the functions of that office when no person has been appointed thereto, either until a contrary direction shall be given by the person or authority having power to make the appointment or until a person shall have been appointed substantively thereto, whichever shall be the earlier.
112. Authoritative texts
The Samoan and English texts of this Constitution are equally authoritative but, in case of difference, the English text shall prevail.
- Coming into force - This Constitution shall come into force on the day approved by the General Assembly of the United Nations as the date of the termination of the Trusteeship Agreement for the Territory of Samoa approved by the General Assembly on 13 December 1946.
The Constitution came into force on 1 January, 1962.
Oaths to abide by constitution, God or other deities
THIRD SCHEDULE. FORMS OF OATH
1. Oath of Head of State (Article 28)
I, .........., swear by Almighty God that I will uphold the dignity of the office of Head of State, and will justly and faithfully carry out my duties in the administration of the Independent State of Samoa in accordance with the Constitution and the law. So help me God.
2. Oath of Members of the Council of Deputies (Article 28)
I, .........., swear by Almighty God that I will well and truly serve the Independent State of Samoa, and will justly and faithfully carry out my duties as a member of the Council of Deputies in accordance with the Constitution and the law. So help me God.
3. Oath of the Prime Minister and other Ministers (Article 34)
I, .........., being chosen and accepted as Prime Minister [a Minister] and member of Cabinet swear by Almighty God that I will to the best of my judgment, at all times when thereto required, freely give my counsel and advice to the Head of State, for the good management of the affairs of the Independent State of Samoa, and that I will not directly or indirectly reveal such matters as shall be debated in Cabinet and Committee and in Executive Council and committed to my secrecy, but that I will in all things be a true and faithful Prime Minister [Minister]. So help me God.
4. Oath of allegiance to be taken and subscribed by the Speaker and Members of Parliament (Articles 49 and 61)
I, , swear by Almighty God that I will be faithful and bear true allegiance to the Independent State of Samoa, and that I will justly and faithfully carry out my duties as a Member of the Parliament of Samoa. So help me God.
5. Judicial oath to be taken by Judges of the Supreme Court and Court of Appeal (Articles 61 and 78)
I, , swear by Almighty God that I will well and truly serve the Independent State of Samoa in accordance with the Constitution and the law, and I will do right to all manner of people, without fear or favour, affection or ill will. So help me God.