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Samoa Consolidated Legislation |
THE CONSTITUTION OF
THE INDEPENDENT STATE OF
WESTERN SAMOA
ANALYSIS
PREAMBLE
PART I
THE INDEPENDENT STATE OF WESTERN
SAMOA
AND ITS SUPREME LAW
1. Name and description
2. The supreme law
PART II
FUNDAMENTAL RIGHTS
3. Definition of the State
4. Remedies for enforcement of rights
5.
Right to life
6. Right to personal liberty
7. Freedom from inhuman
treatment
8. Freedom from forced labour
9. Right to a fair trial
10.
Rights concerning criminal law
11. Freedom of religion
12. Rights
concerning religious instruction
13. Rights regarding freedom of speech,
assembly, association, movement and residence
14. Rights regarding
property
15. Freedom from discriminatory legislation
PART III
THE HEAD OF STATE
16. O le Ao o le Malö
17. Tupua Tamasese Mea'ole and Malietoa
Tanumafili II
18. Election of Head of State
19. Term of office of Head of
State
20. Disabilities of Head of State
21. Resignation and removal from
office
22. Salary of Head of State
23. Absence or incapacity
24.
Special provisions as to absence or incapacity
25. Council of Deputies
26.
Head of State to act on advice
27. Information for Head of State
28. Oath
of office
29. Public Seal
30. Secretary to Head of State
PART IV
THE EXECUTIVE
31. Executive power
32. Cabinet
33. Vacation of office
34.
Official oath
35. Assignment of responsibilities to Ministers
36.
Summoning of Cabinet
37. Cabinet procedure
38. When decisions of Cabinet
are to take effect
39. Executive Council
40. Consideration of Cabinet
decisions by Executive Council
41. Attorney-General
PART V
PARLIAMENT
42. Parliament
43. Power to make laws
44. Members of the
Legislative Assembly
45. Qualifications for membership
46. Tenure of
office of members
47. Decisions on questions as to membership
48. Filling
vacancies
49. Election of Speaker
50. The Deputy Speaker
51. Clerk of
the Legislative Assembly
52. Meetings of the Legislative Assembly
53.
Standing Orders
54. Languages
55. Presiding over Legislative
Assembly
56. Proceedings are valid
57. Quorum
58. Voting
59.
Introduction of bills, etc., into Legislative Assembly
60. Bills assented to
become Acts of Parliament
61. Oath of allegiance
62. Privileges of
Legislative Assembly
63. Prorogation and dissolution of Legislative
Assembly
64. General elections
PART VI
THE JUDICIARY
65. Constitution of the Supreme Court
66. Powers of Judges of the
Supreme Court
67. Oath of office
68. Tenure of office
69. Salaries of
Judges of the Supreme Court
70. Acting Chief Justice
71. Acting Judge of
the Supreme Court
72. Judicial Service Commission
73. Jurisdiction of the
Supreme Court
74. Subordinate courts
75. Constitution of Court of
Appeal
76. Number of Judges
77. Judges not to sit on appeals from own
decisions
78. Oath of office
79. General jurisdiction of Court of
Appeal
80. Jurisdiction on constitutional questions
81. Jurisdiction in
respect of fundamental rights
82. Definition of "decision"
PART VII
THE PUBLIC SERVICE
83. Interpretation
84. Public Service Commission
85. Term of
office
86. Salaries
87. Functions of the Commission
88. Procedure and
Annual Report
89. Public Service Board of Appeal
PART VIII
FINANCE
90. Public funds
91. Restriction on taxation
92. Public
revenue
93. Payment out of public funds
94. Appropriation of
expenditure
95. Expenditure in anticipation of appropriation
96.
Unauthorised expenditure
97. Controller and Chief Auditor
98. Salary of
Controller and Chief Auditor
99. Audit of accounts
PART IX
LAND AND TITLES
100. Matai titles
101. Land in Western Samoa
102. No alienation of
customary land
103. Land and Titles Court
104. Land below high-water
mark
PART X
EMERGENCY POWERS
105. Proclamation of Emergency
106. Emergency Orders
107. Orders to
be laid before Legislative Assembly
108. Restriction on detention
PART XI
GENERAL AND MISCELLANEOUS
109. Amendment of Constitution
110. Power of pardon
111.
Interpretation
112. Authoritative texts
113. Coming into force
PART XII
TRANSITIONAL
114. Existing law to continue
115. Functions of Council of
State
116. Tenure of office of Ministers
117. First Legislative
Assembly
118. Existing Judges
119. Existing legal proceedings
120.
Existing officers to continue in office
121. Laws not brought into force
before Independence Day
122. Adaptation of existing law
123. Vesting of
property
124. Transitional amendments to Constitution
SCHEDULES
First Schedule—Election of the Head of State
Second
Schedule—Members of Parliament to be elected by persons whose names appear
on the Individual Voters' Roll
Third Schedule—Forms of Oath
-------------------------------------------
IN THE HOLY NAME OF GOD, THE ALMIGHTY, THE EVER LOVING
WHEREAS
sovereignty over the Universe belongs to the Omnipresent God alone, and the
authority to be exercised by the people of Western
Samoa within the limits
prescribed by His commandments is a sacred heritage;
WHEREAS the Leaders
of Western Samoa have declared that Western Samoa should be an Independent State
based on Christian principles
and Samoan custom and tradition;
AND
WHEREAS the Constitutional Convention, representing the people of Western Samoa,
has resolved to frame a Constitution for the
Independent State of Western
Samoa;
WHEREIN the State should exercise its powers and authority through
the chosen representatives of the people;
WHEREIN should be secured to
all the people their fundamental rights;
WHEREIN the impartial
administration of justice should be fully maintained;
AND WHEREIN the
integrity of Western Samoa, its independence, and all its rights should be
safeguarded;
NOW THEREFORE, we the people of Western Samoa in our
Constitutional Convention, this 28th day of October 1960, do hereby adopt,
enact,
and give to ourselves this Constitution.
Tupua Tamasese, C.B.E.
(Fautua).
Malietoa Tanumafili II, C.B.E. (Fautua).
Fiame Mataafa Faumuina
Mulinu'u II, C.B.E. (Prime Minister, M.L.A., Lotofaga).
Tuimaleali'ifano S.
II (Tama Aiga).
Anapu Solofa (M.L.A. Safata).
Amoa Tausilia L (M.L.A.
Aleipata-Itupa i lalo).
Aiono Urima (M.L.A. Aana Alofi No. 1)
Asiata
Lagolago (M.L.A. Satupaitea-Alataua).
Iuli Veni (M.L.A. Anoama'a
East).
Ufagalilo Fa'atafa (M.L.A. Faasaleleaga No.3).
Ulualofaiga
Talamaivao V. (M.L.A. Vaa-o-Fonoti).Ulumalautea Papali'i F. (M.L.A. Vaimauga
East).
Usu To'avalu (M.L.A. Alataua West).
Faalava'au Galu (M.L.A.
Samatau/Falelatai).
Fatialofa M. FaiMalö (M.L.A. Lepä).
Fenunuti
Tauafua (M.L.A. Lefaga-Falease'ela).
Luamanuvae Eti Alesana (M.L.A.
Faasaleleaga No. l).
Leasi Avaula (M.L.A. Gagaifomauga No.3).
Leiataua S
(M.L.A. Aiga-i-le-tai).
Lesatele Rapi (M.L.A. Vaisigano No.2).
Luafatasaga
Su'e Taule'alo (M.L.A. Sagaga-Le Usoga).
Luatua Mata'ese (M.L.A.
Sagaga-Le-Falefa)
Matai'a Europa (M.L.A. Faleata East).
Maposua
SeiLalä (M.L.A. Palauli-Le Falefa).
Papali’i Pesamino (M.L.A.
Faasaleleaga No.2).
Peseta Seko J. S. (M.L.A. Gagaiofomauga No.
1).
Pilia'e Leilua Iuliano (M.L.A. Aana Alofi No.2)
Pulepule M (M.L.A.
Anoama'a West).
Saipaia U (M.L.A. Aana Alofi No.3).
Sagapolutele Posë
(M.L.A. Aleipata-Itupa i luga).
Seiuli Tolova'a Iakopo (M.L.A. Faleata
West).
Seuamuli Etimani (M.L.A. Gaga’emauga No.3).
Soifuä Solia
Gese (M.L.A. Falealupo).
Tualaulelei M (M.L.A. Palauli).
Tuatagaloa
Leutele Satele Te'o Simaile (M.L.A. Falealili).
Toomata Lilomaiava T (M.L.A.
Salega).
Tevaga Paletasala (M.L.A. Gaga’emauga No. l).
Tofaeono
Muliaga (M.L.A. Vaimauga West).
Toloafa Lafaele (M.L.A. Si'umu).
Tufuga
Fatu Lemana (M.L.A. Vaisigano No. l).
Tugaga Isa'aka (M.L.A. Gagaifomauga
No.2)
Tuala Tiaina (M.L.A. Gaga'emauga No.2).
Tuatö Poto (M.L.A.
Palauli West).
Vui Fale (M.L.A. Faasaleleaga No.4).
G. F. D. Betham
(M.L.A. Apia).Hans J. Keil (M.L.A. Apia).F. C. F. Nelson (M.L.A. Apia).Eugene F.
Paul (M.L.A. Apia).
Leilua P. Plowman (M.L.A. Apia).
Ale Pusi (A.S.M.
Faleata West).
A'e'au Taulupo'o (A.S.M. Falealupo).
Asiata Tulelei (A.S.M.
Satupaitea-Alataua).
Aiolupotea Mana'ia (A.S.M. Alataua West).
Auali'itia
Faa’ole'ole (A.S.M. Gaga'emauga No. 1).
Asi Falana'ipupu Ulu Filiva'a
(A.S.M. Vaimauga West).
Afamasaga Maua II (A.S.M. Aana Alofi No.
3).
Auelua Filipo (A.S.M. Lepä).
Auelua Tagoa'i Tufi (A.S.M.
Lepä).
One Sofai (A.S.M. Gagaifomauga No. 3).
Ugapo Tauaneai (A.S.M.
Aana Alofi No.2).
Umaga Pa'u (A.S.M. Aana Alofi No.2).
Ulugia Fa'alua
(A.S.M. Faleata West).
Fafai Tuivale (A.S.M. Sagaga-Le-Usoga).
Fata M
(A.S.M. Sagaga-Le-Usoga).
Fonoti Faagalu (A.S.M. Falealili).
Fuimaono
Faafete (A.S.M. Falealili).
Faamoe Sasi (A.S.M. Gaga'emauga No. 3).
Fao
Isaia (A.S.M. Vaisigano No. 1).
Fesola'i Pio (A.S.M. Aana Alofi No.
1).
Faletufuga Asiasi (A.S.M. Faasaleleaga No.2).
Fuiono Alefosio (A.S.M.
Falealupo).
Fasavalu Faali'i (A.S.M. Salega).
Feiloaivao Pa'u Peter
(A.S.M. Aana Alofi No. 3)
Fiu Tanielu (A.S.M. Gagaifomauga No.3).
Faanana
Fenika (A.S.M. Satupaitea-Alataua).
Fiso Faamotu L (A.S.M.
Lotofaga).
Faiumu A (A.S.M. Palauli West).Fiso Fusi (A.S.M. Palauli).Fui Eli
Seuamuli (A.S.M. Gagaifomauga No. 2).Fuataga Penita (A.S.M. Aleipata-ltupa
i
luga).Faoasau Ausage (A.S.M. Vaimauga East).
Fui Tauaivale (A.S.M. Lefaga
Falease'ela).
Faolotoi M (A.S.M. Lepä).
Faliuila T (A.S.M.
Aleipata-ltupa i lalo).
Gasü Taatua (A.S.M.
Satupaitea-Alataua).
Leleua Peni (A.S.M. Faleata East).
Leapai Sefo
(A.S.M. Sagaga-Le-Usoga).
Leota lakopo (A.S.M. Gaga'emauga No.
3).
Leaupepe Aifualaau (A.S.M. Aana Alofi No. 1).
Leiataua Pöai
(A.S.M. Aiga-i-le-tai).
Levaa Fofoa (A.S.M. Aiga-i-le-tai).
Li'omatefili T
(A.S.M. Si'umu).
Leausa Foe (A.S.M. Vaa-o-Fonoti).
Leota Leauma (A.S.M.
Anoama'a West).
Luafalealo Pesa (A.S.M. Anoama'a West).
Lavea Lalä S
(A.S.M. Gagaifomauga No. 1).
Lealuga Vaaiga (A.S.M. Vaisigano No.
2).
Lagaaia Faamaga (A.S.M. Palauli).
Leiataatimu P (A.S.M. Sagaga-Le
Falefa).
Luatuanuu Tolai (A.S.M. Sagaga-Le Falefa).
Lauago M. Tofu (A.S.M.
Gaga'emauga No. 2).
Leniu Fanene (A.S.M. Vaimauga West).
A. Le-Mamea
Matatumua, O.B.E (A.S.M. Lefaga-Falease'ela).
Moeono Alai'a K (A.S.M.
Anoama'a East).
Moala Maugatai Limutau Asueru (A.S.M. Anoama'a
East).
Magele Tagaileono Ate (A.S.M. Faasaleleaga No. 1).
Matai'a Tavale
(A.S.M. Gaga'emauga No. 3).
Masoe Pele (A.S.M. Vaisigano No. 1).
Mata'utia
Ueni (A.S.M. Palauli-Le Falefa).
Matalë Tuugafala (A.S.M. Palauli
West).
Malaitai Lautaimi (A.S.M. Gagaifomauga No. 2).
Mata'utia Fetaui
(A.S.M. Aleipata-ltupa i halo).
Matai'a Si'utaulalova'a (A.S.M. Faleata
West).
Manö Togamau (A.S.M. Si'umu).
Moalele Mau'afu (A.S.M.
Faasaleleaga No. 2).
Mata'u Fiaali'i (A.S.M. Vaisigano No. 2).
Mauisii
Sefo (A.S.M. Palauli-Le Falefa).
Muagututi'a Tautau (AS.M.
Lotofaga).
Matafeo Siatiu (A.S.M. Faasaleleaga No. 4).
Mulitalo Faleniu
(A.S.M. Faasaleleaga No. 4).
Nonoa Aleli F. (A.S.M. Anoama'a
East).
Polataivao Luni (A.S.M. Gagaifomauga No. 3).
Paitomaleifi Siaki
(A.S.M. Falealili).
Pini F (A.S.M. Faasaleleaga No. 3)
Pa'u Titö
(A.S.M. Samatau/Falelatai).
Peseta Tavai (A.S.M. Faasaleleaga No.
4).
Soalaupule Sale (A.S.M. Safata).
Seumanu Saleilua (A.S.M. Faasaleleaga
No. 1).
Savusa Faavela (A.S.M. Vaa-o-Fonoti).
Segi Lafa. (A.S.M.
Faasaleleaga No. 3)
Solia Sikuka (A.S.M. Falealupo).
Seinafolava Sofara
(A.S.M. Lotofaga).
Safuneitunga Meatuai (A.S.M. Gagaifomauga No. 2).
Semau
Peleseuma (A.S.M. Gaga’emauga No. 2).Seuala Meauli (A.S.M. Aleipata-Itupa
i luga).Saumalu Tui (A.S.M. Aleipata-Itupa i
luga).
Taala Ioelu (A.S.M.
Faleata East).
Taimalie Meapelo (A.S.M. Aana Alofi No. 2).
Tuiä
Iosefa (A.S.M. Safata).
Tofilau Moeloa (A.S.M. Faasalelaga No. 1).
Tapu
Atonio Fidow (A.S.M. Vaisigano No. 1).
Tapusoa Peni II (A.S.M. Gagaifomauga
No. 1).
Tapuai Kuka. (A.S.M. Salega).
To'ala Mulifusi (A.S.M. Palauli-Le
Falefa).
Tuai'aufa'i Fuifui (A.S.M. Alataua West).
Tuala Osooso (A.S.M.
Gaga'emauga No. 1).
Tofa Peleti (A.S.M. Faasaleleaga No. 3).
Telea Fasi
(A.S.M. Sagaga-Le Falefa).
Tauvalaau Lua (A.S.M. Aana Alofi No. 3).
Tuala
Siaki (A.S.M. Lefaga/Faleaseela).
Tataivaatele Ioane (A.S.M. Aleipata-Itupa i
lalo).
Tuaautoto'a Iefata (A.S.M. Aana Alofi No. 1).
Taupaü Semu
(A.S.M. Aiga-i-le-tai).
Tuimalatü Suli (A.S.M. Vaa-o-Fonoti).
Tagaloa
Tuala Siaosi A.S.M. Anoamaa West).
Tuilagi Pa'ö (A.S.M. Faasaleleaga No.
2).
Timu Kolio (A.S.M. Gagaifomauga No. 1).
Tuisalega E (A.S.M.
Salega).
Tanuvasa Taotafa (A.S.M. Alataua West).
Toluono Lama (A.S.M.
Palauli).
Tuala Milo (A.S.M. Gaga'emauga No. 1).
Tevaga Matafä
(A.S.M. Gaga'emauga No. 2).
Toomalatai Fiso (A.S.M. Vaimaug
West).
Tuiletufuga Taualai (A.S.M. Vaimauga West).
Tuli'aupupu Muliaga S
(A.S.M. Vaimauga East).
Vaitagutu S (A.S.M. Faleata East).
W. F. Betham
(A.E.M. Apia).
O. R. Crichton (A.E.M. Apia).
A M. Gurau (A.E.M.
Apia).
PART I
THE INDEPENDENT STATE OF WESTERN
SAMOA
AND ITS SUPREME LAW
1. Name and description
(1) The Independent State of
Western Samoa (hereinafter referred to as Western Samoa) shall be free and
sovereign.
(2) Western Samoa shall comprise the islands of Upolu,
Savai'i, Manöno and Apolima in the South Pacific Ocean, together with
all
other islands adjacent thereto and lying between the 13th and 15th degrees of
south latitude and the 171st and 173rd degrees
of longitude west of
Greenwich:
2. The Supreme Law
(1) This Constitution shall
be the supreme law of Western Samoa.
(2) Any existing law and any law
passed after the date of coming into force of this Constitution which is
inconsistent with this Constitution
shall, to the extent of the inconsistency,
be void.
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
(1) Any person may apply to the
Supreme Court by appropriate proceedings to enforce the rights conferred under
the provisions of this
Part.
(2) 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.
5. Right to life
(1) 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.
(2) 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-
(a) In defence of any person from violence; or
(b) 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
(c) For the purpose of suppressing a riot, insurrection or mutiny.
6. Right to personal liberty
(1) No
person shall be deprived of his personal liberty except in accordance with
law.
(2) 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.
(3) 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.
(4) 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 (hereinafter collectively referred
to as "remanding officers")
within a period of 24 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.
Clause (4) was substituted for the original clause (4) (as amended by s.2 of the Constitution Amendment Act (No. 2) 1963) by s. 2 of the Constitution Amendment Act 1965.
7. Freedom from inhuman
treatment
No person shall be subjected to torture or to inhuman or
degrading treatment or punishment.
8. Freedom from forced
labour
(1) No person shall be required to perform forced or
compulsory labour.
(2) For the purposes of this Article, the term "forced
or compulsory labour" shall not include-
(a) Any work required to be done in consequence of a sentence of a court; or
(b) Any service of a military character or, in the case of conscientious objectors, service exacted instead of compulsory military service; or
(c) Any service exacted in case of an emergency or calamity threatening the life or well-being of the community; or
(d) Any work or service which is required by Samoan custom or which forms part of normal civic obligations.
9. Right to a fair
trial
(1) 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. Judgment
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.
(2) 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.
(3) Every person charged with an
offence shall be presumed innocent until proved guilty according to
law.
(4) Every person charged with an offence has the following minimum
rights:
(a) To be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
(b) To have adequate time and facilities for the preparation of his defence;
(c) 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;
(d) 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;
(e) 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.
(5) No person accused of any offence shall be
compelled to be a witness against himself.
10. Rights concerning
criminal law
(1) No person shall be convicted of an offence other
than an offence defined by law.
(2) 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.
(3)
No person who has been tried for any offence shall, after conviction or
acquittal, again be tried for that offence except-
(a) 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
(b) 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 14 days of that conviction.
11. Freedom of religion
(1) 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.
(2)
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 practise their religion
without the unsolicited interference of members of other
religions.
12. Rights concerning religious instruction
(1)
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.
(2) 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.
(3) 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 Western Samoa.
13. Rights regarding freedom of speech, assembly,
association, movement and residence
(1) All citizens of Western Samoa
shall have the right-
(a) To freedom of speech and expression; and
(b) To assemble peaceably and without arms; and
(c) To form associations or unions; and
(d) To move freely throughout Western Samoa and to reside in any part thereof.
(2) 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.
(3) 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.
(4) 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 Western 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.
14. Rights regarding
property
(1) 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,-
(a) Requires the payment within a reasonable time of adequate compensation therefor, and
(b) 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
(c) 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.
(2) Nothing in this Article shall be construed
as affecting any general law-
(a) For the imposition or enforcement of any tax, rate or duty; or
(b) For the imposition of penalties or forfeitures for breach of the law, whether under civil process or after conviction of an offence; or
(c) Relating to leases, tenancies, mortgages, charges, bills of sale, or any other rights or obligations arising out of contracts; or
(d) 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
(e) Relating to the execution of judgments or orders of courts; or
(f) 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
(g) Relating to trusts and trustees; or
(h) Relating to the limitation of actions; or
(i) Relating to property vested in statutory corporations; or
(j) Relating to the temporary taking of possession of property for the purposes of any examination, investigation; or
(k) 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
(1) All persons are equal before the law and entitled to
equal protection under the law.
(2) 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.
(3) Nothing in this Article shall-
(a) Prevent the prescription of qualifications for the service of Western Samoa or the service of a body corporate directly established under the law; or
(b) 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.
(4) 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
16. O le Ao o le Malö
There shall be a Head of State
of Western Samoa to be known as O le Ao o le Malö.
17. Tupua
Tamasese Mea'ole and Malietoa Tanumafili II
(1) Notwithstanding
anything to the contrary contained in this Part and subject to the provisions of
this Article, Tupua Tamasese
Mea'ole and Malietoa Tanumafili II shall on
Independence Day assume jointly the office of Head of State. They shall be known
jointly
as O Ao o le Malö and severally as O le Ao o le
Malö.
(2) On the death on or after Independence Day of either of the
persons named in clause (1), the survivor shall continue to hold the
office of
Head of State.
(3) In the event of the death before Independence Day of
either of the persons named in clause (1), the survivor shall on Independence
Day assume the office of Head of State.
(4) The provisions of this Part,
except the provisions of Articles 18 and 19, shall apply to each of Tupua
Tamasese Mea'ole or Malietoa
Tanumafili II as a joint holder or as sole holder
of the office of Head of State, as the case may be.
(5) On the death,
resignation or removal from office of both the persons named in clause (1) or of
the survivor of either of them,
this Article shall cease to be in
force.
18. Election of Head of State
(1) The Head of State
shall be elected by the Legislative Assembly under the provisions of the First
Schedule.
(2) A person shall not be qualified to be elected to the office
of Head of State-
(a) If he is not a person qualified to be elected as a Member of Parliament; or
(b) If he does not possess such other qualifications as the Legislative Assembly may determine from time to time by resolution; or
(c) If he has previously been removed from the office of Head of State under the provisions of clause (2) of Article 21.
(3) 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
(1) Subject to
the provisions of Articles 17 and 21, the Head of State shall hold office for a
term of 5 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 3 months, whichever is the shorter period.
(2) 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.
(3) 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 5 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.
21.
Resignation and removal from office
(1) 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.
(2) 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.
(3) No proposal for the removal from office of the Head of State
under the provisions of clause (2) shall be effective unless-
(a) 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
(b) A period of at least 14 days has elapsed between that notice and the debate on the motion; and
(c) The motion has been agreed to by not less than two-thirds of the total number of Members of Parliament (including vacancies).
(4) 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.
23. Absence or incapacity
(1) While any vacancy exists
in the office of Head of State or during the absence from Western Samoa of the
Head of State, the Council
of Deputies shall perform the functions of the office
of Head of State.
(2) 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 2 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 Mea'ole and Malietoa Tanumafili II
hold jointly the office of Head of State, the following provisions shall
apply:
(a) During any period for which one joint holder of office is absent from Western 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;
(b) 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 Western Samoa, incapacity or unavailability, the Council of Deputies shall perform those functions;
(c) 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.
25. Council of Deputies
(1)
There shall be a Council of Deputies, which shall consist of one, 2 or 3 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.
In clause (1) the words "one, 2 or" were substituted for the words "not more than" by s. 3 of the Constitution Amendment Act (No. 2) 1963.
(2) 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.
(3) 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 4 years and 9 months and not more
than 5 years
and 3 months.
(4) If at any time the number of members of
the Council of Deputies is less than 3, 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).
(5) Subject to the
provisions of clause (2), a member of the Council of Deputies shall be eligible
for re-election.
(6) 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.
(7) 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.
(8) 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.
Clause (8) amended by s. 2 of the Constitution Amendment Act 1969.
(9) 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 disqualify a member of the Council from
being elected to the office of Head
of State.
(10) The Council of
Deputies shall determine which of its members shall, from time to time, preside
over the Council.
(11) Subject to the provisions of this Constitution,
the Council of Deputies may regulate its procedure in such manner as it thinks
fit.
26. Head of State to act on advice
(1) 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.
(2) 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 7 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.
27. Information for Head of State
It
shall be the duty of the Prime Minister-
(a) 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
(b) To furnish such information relating to the administration of the affairs of Western Samoa and proposals for legislation as the Head of State may call for.
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 Western Samoa.
30.
Secretary to Head of State
There shall be a Secretary to the Head of
State.
PART IV
THE EXECUTIVE
31. Executive power
(1) The executive power of Western
Samoa shall vest in the Head of State and shall be exercised by him under the
provisions of this
Constitution.
(2) Nothing in clause (l) shall prevent
Parliament from conferring by Act functions on authorities other than the Head
of State.
32. Cabinet
(1) There shall be a Cabinet of
Ministers, who shall have the general direction and control of the executive
government of Western
Samoa and shall be collectively responsible therefor to
Parliament.
(2) Cabinet shall be appointed as follows:
(a) 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;
(b) The Head of State shall, acting on the advice of the Prime Minister, appoint not fewer than eight nor more than twelve other Members of Parliament to be Ministers;
(c) 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;
(d) Appointments under the provisions of this clause shall be made by the Head of State by instrument under the Public Seal;
(e) 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.
Subclause (e) was added to clause (2) by s. 4 of the Constitution Amendment Act (No. 2) 1963.
Subclauses (a) abd (e) were amended by s.2 of the Constitution Amendment Act 1991.
33. Vacation of office
(1) 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.
(2) The appointment of the Prime
Minister shall also be terminated by the Head of State-
(a) If the Prime Minister ceases to be a Member of Parliament for any reason other than a dissolution of the Legislative Assembly; or
(b) 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
(c) If the Prime Minister resigns his office by writing under his hand addressed to the Head of State; or
(d) If the Prime Minister is absent from Western Samoa without written permission given by the Head of State, acting in his discretion.
(3) The office of any other Minister shall become
vacant-
(a) If the appointment of the Prime Minister has been terminated under the provisions of clause (1) or clause (2); or
(b) 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
(c) If the Minister ceases to be a Member of Parliament for any reason other than a dissolution of the Legislative Assembly; or
(d) If the Minister resigns his office by writing under his hand addressed to the Head of State; or
(e) If the Minister is absent from Western Samoa without written permission given by the Head of State, acting on the advice of the Prime Minister.
(4) Whenever, by reason of illness or of absence
from Western Samoa with the written permission of the Head of State, the Prime
Minister
is temporarily prevented from performing, in Western Samoa, the
functions of his office, the Head of State may, by instrument under
the Public
Seal, appoint another Minister to perform those functions until such time as the
Prime Minister is capable of again performing
them or has vacated his
office.
(5) 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.
(6) The Head of State, acting on the advice of the Prime
Minister, may by instrument under the Public Seal-
(a) Declare a Minister to be by reason of illness temporarily incapable of performing his functions as a Minister; or
(b) Suspend a Minister during the period of any investigation or inquiry into the conduct of that Minister.
(7) 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.
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.
35.
Assignment of responsibilities to Ministers
(1) The Prime Minister
may, by direction in writing under his hand,-
(a) Charge any Minister with the responsibility for any department or subject; and
(b) Revoke or vary any direction given under the provisions of this clause.
(2) 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.
37.
Cabinet procedure
(1) 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.
(2) There shall be a Secretary to
Cabinet.
(3) 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.
(4) 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.
(5) 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 24 hours of the
making of the decision.
(6) A decision of Cabinet shall not take effect
except under the provisions of Article 38.
38. When decisions of
Cabinet are to take effect
(1) A decision of Cabinet shall take
effect-
(a) On its approval by the Head of State, acting in his discretion; or
(b) On the expiry of 4 days after the date of the decision, unless a meeting of the Executive Council is sooner held under the provisions of Article 40; or
(c) 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
(d) Under the provisions of Article 40.
(2) 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.
(3) 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.
39.
Executive Council
(1) There shall be an Executive Council of Western
Samoa, which shall consist of:
(a) The Head of State;
(b) The Prime Minister and Ministers holding office under the provisions of Articles 32 and 33.
(2) 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.
(3) The Secretary to
Cabinet shall be Clerk of the Executive Council.
40. Consideration of
Cabinet decisions by Executive Council
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
41.
Attorney-General
(1) 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.
(2) 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.
(3) The Attorney-General shall have a
right of audience in, and shall take precedence over any other person appearing
before, any
court or tribunal.
(4) 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.
(5) 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
42. Parliament
There shall be a Parliament of Western 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
Western Samoa and laws having
effect outside as well as within Western
Samoa.
44. Members of the Legislative Assembly
(1) The
Legislative Assembly shall consist of:
(a) 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;
(aa) 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;
(b) Members elected by those persons whose names appear on the individual voters' roll.
Subclauses (a) and (aa) of clause (I) were substituted for the original subclause (a) by s. 2 of the Constitution Amendment Act 1963.
Subclause (aa) was further substituted by s.2 of the Constitution Amendment Act (No. 2) 1991.
(2) 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.
(3) 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.
(4) Members of the Legislative Assembly shall be known as Members of
Parliament.
45. Qualifications for membership
(1) Any
person shall be qualified to be elected as a Member of Parliament who-
(a) Is a citizen of Western Samoa; and
(b) Is not disqualified under the provisions of this Constitution or of any Act.
(2) 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.
46. Tenure of office of
members
(1) 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).
(2) The seat of a Member of Parliament shall become vacant-
(a) Upon his death; or
(b) If he resigns his seat by writing under his hand addressed to the Speaker; or
(c) If he ceases to be a citizen of Western Samoa; or
(d) If he becomes disqualified under the provisions of this Constitution or of any Act.
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.
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.
49. Election of Speaker
(1) 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.
(2) 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.
(3) 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-
(a) If he ceases to be a Member of Parliament; or
(b) If he is appointed to be a Minister.
50. The Deputy
Speaker
(1) The Legislative Assembly may elect a Member of
Parliament, not being a Minister, to be Deputy Speaker.
(2) 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-
(a) If he ceases to be a Member of Parliament; or
(b) If he is appointed to be a Minister; or
(c) If he is elected to be Speaker.
(3) 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 Western 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 Western Samoa Gazette and recorded in
the Savali:
Provided that the Assembly shall meet not later than
45 days after the holding of a general election and at least once in every year
thereafter, so that a period of 12 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.
54. Languages
(1) All
debates and discussions in the Legislative Assembly shall be conducted in the
Samoan language and the English language.
(2) 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.
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.
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
(1) 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.
(2) 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.
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.
60. Bills assented to become Acts of
Parliament
(1) No bill shall become a law until the Head of State has
given his assent thereto.
(2) 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.
(3) 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.
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.
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.
63. Prorogation and dissolution of Legislative
Assembly
(1) The Head of State may at any time, by notice published
in the Western Samoa Gazette, prorogue the Legislative
Assembly.
(2) If, at any time, the office of Prime Minister is vacant,
the Head of State shall, by notice published in the Western 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.
(3) The Head of State may at any
time, by notice published in the Western 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.
(4) The Head of State shall dissolve the
Legislative Assembly at the expiry of 5 years from the date of the last
preceding general
election, if it has not been sooner dissolved.
Clause (4) was amended by s.2 of the Constitution Amendment Act (No. 3) 1991.
64. General elections
There shall be a
general election of the Legislative Assembly at such time within 3 months after
every dissolution of the Assembly
as the Head of State appoints by notice in the
Western Samoa Gazette.
PART VI
THE JUDICIARY
65. Constitution of the Supreme Court
(1) There shall be a
Supreme Court of Western 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.
(2) The Chief Justice of the Supreme Court shall be
appointed by the Head of State, acting on the advice of the Prime
Minister.
(3) A person shall not be qualified for appointment as a Judge
of the Supreme Court unless-
(a) He possesses such qualifications as the Head of State, acting on the advice of the Judicial Service Commission, may prescribe; and
(b) He has been in practice as a barrister in Western 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 8 years.
(4) 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 Western Samoa or an
approved country shall be included.
(5) 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 Western Samoa.
66. Powers of Judges of the
Supreme Court
Each Judge of the Supreme Court or any 2 or more Judges
may, in any part of Western Samoa and at any time or place, exercise all the
powers of the Supreme Court.
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.
68. Tenure of office
(1) 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 62 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 62 years.
(2) Any person of
any age who is not a citizen of Western 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.
(3)
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.
(4) A Judge of the Supreme Court may resign
his office by writing under his hand addressed to the Head of State.
(5)
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.
(6) 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.
69. Salaries of Judges 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
(1) While any vacancy exists in
the office of Chief Justice or during any absence from Western 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.
(2) Wherever by reason of illness or any cause other than
absence from Western 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.
(3) 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
(1) 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 62
years.
(2) 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.
72. Judicial Service
Commission
(1) There shall be a Judicial Service Commission, which
shall consist of:
(a) The Chief Justice, as President;
(b) The Attorney-General or, if for any reason the Attorney-General is unable to act. the Chairman of the Public Service Commission;
(c) A person nominated from time to time by the Minister of Justice.
(2) No business shall be transacted by the Judicial
Service Commission unless 3 members are present, and all questions proposed for
decision by the Commission shall be decided by a majority of the votes of those
members.
(3) 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
(1) The Supreme Court shall have
such original, appellate and revisional jurisdiction as may be provided by
Act.
(2) 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.
(3) 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.
74. Subordinate courts
There
shall be such subordinate courts possessing such jurisdiction and powers as may
be provided by Act.
75. Constitution of Court of Appeal
(1)
There shall be a Court of Appeal of Western Samoa, which shall be a superior
court of record.
(2) Subject to the provisions of this Part, the Judges
of the Court of Appeal shall be:
(a) The Chief Justice and the other Judges of the Supreme Court;
(b) 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.
(3) 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.
(4) 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 Western Samoa or in any approved
country.
(5) An appointment under the provisions 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
(1) Any 3 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 proviso to clause (1) was substituted for the original proviso by s. 3 of the Constitution Amendment Act 196S.
(2) 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.
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.
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.
80.
Jurisdiction on constitutional questions
(1) 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.
(2) 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.
(3) 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" includes judgment, decree, order, writ, declaration, conviction,
sentence, opinion or other
determination.
PART VII
THE PUBLIC SERVICE
83. Interpretation
The "Public Service" means the service
of Western Samoa; but does not include service remunerated by way of fees or
commission only,
honorary service, or service in any of the following
capacities, namely as-
(a) Head of State; or
(b) A member of the Council of Deputies; or
(c) Prime Minister or a Minister; or
(d) Speaker or Deputy Speaker; or
(e) A Member of Parliament; or
(f) A Judge of the Supreme Court or any other judicial officer; or
(g) Attorney-General; or
(h) Controller and Chief Auditor; or
(i) A member of the Public Service Commission who is not an employee of the Public Service at the time of his appointment to be a member of the Public Service Commission; or
(j) An officer of police or an officer of prisons; or
(k) A member of any uniformed branch of any defence force; or
(l) A Pulenu'u; or
(m) The Clerk of the Legislative Assembly, and the other officers and employees of the Legislative Assembly.
In para (k) the word "or" was added, and para (1) was added. by s. 3 of the Constitution Amendment Act 1969.
In para (1) the word "or" was added, and para (m) was added, by s.2 (a) and (b) respectively of the Constitution Amendment Act 1975
84. Public Service Commission
(1)
There shall be a Public Service Commission of Western Samoa, which shall consist
of not more than 3 persons appointed by the Head
of State, acting on the advice
of the Prime Minister.
(2) The Head of State, acting on the advice of the
Prime Minister, shall appoint one of the members of the Public Service
Commission
to be Chairman.
(3) No person shall be appointed to be or
shall remain a member of the Public Service Commission-
(a) If he is not or ceases to be a citizen of Western Samoa: or
(b) If he is or becomes a Member of Parliament.
(4) No member
of the Public Service Commission shall hold concurrently any other office in the
Public Service.
(5) The powers of the Public Service Commission shall not
be affected by any vacancy in the number of its members, and any proceedings
of
the Commission shall be valid notwithstanding that some person who was not
entitled to do so took part in those proceedings.
85. Term of
office
(1) A member of the Public Service Commission shall be
appointed to hold office for a term of not more than 3 years but shall be
eligible
for reappointment.
(2) A member of the Public Service Commission
may at any time resign his office by writing under his hand addressed to the
Prime Minister
but shall not be removed from office except on the like grounds
and in the like manner as a Judge of the Supreme Court.
(3) The Head of
State, acting on the advice of the Prime Minister, may at any time when the
Legislative Assembly is not meeting suspend
a member of the Public Service
Commission from his office, and such suspension, unless previously revoked,
shall continue in force
until the end of the next ensuing session and no
longer.
86. Salaries
The salaries of members of the Public
Service Commission shall be determined by the Head of State, acting on the
advice of the Prime
Minister.
87. Functions of the
Commission
(1) Subject to the provisions of clause (3), the Public
Service Commission shall be responsible for the appointment, promotion,
transfer,
termination of appointment, dismissal and disciplinary control of the
Public Service and shall have such other functions as may be
provided by
Act.
(2) In the performance of its functions, the Public Service
Commission shall have regard to the general policy of Cabinet relating
to the
Public Service, and shall give effect to any decision of Cabinet defining that
policy conveyed to the Commission in writing
by the Prime Minister.
(3)
An Act of Parliament may designate as a special post any post of head of
department or any post of a corresponding grade; and
the Head of State, acting
on the advice of Cabinet after Cabinet has consulted the Public Service
Commission, shall be responsible,
in respect of any post so designated, for
appointments, gradings, salaries, promotions, transfers, retirements,
terminations of appointments,
dismissals and discipline.
Clause (3) was amended by s. 4 of the Constitution Amendment Act 1969.
88. Procedure and Annual Report
(1)
Subject to the provisions of this Constitution and of any law. the Public
Service Commission may-
(a) Regulate its procedure (including the fixing of a quorum) in such manner as it thinks fit; and
(b) Delegate any of its functions to any of its members or to any person or persons.
(2) The Commission shall make an annual report on
its activities to the Head of State, who shall cause a copy of that report to be
laid before the Legislative Assembly.
89. Public Service Board of
Appeal
(1) There shall be a Public Service Board of Appeal, which
shall consist of:
(a) The Chief Justice or a judicial officer nominated by the Chief Justice;
(b) One person appointed by, and holding office at the pleasure of, the Head of State, acting on the advice of the Prime Minister;
(c) One person, being an officer of the Public Service, elected by the officers of the Public Service and holding office for a term not exceeding 3 years.
(2) The Chief Justice or the person nominated by the
Chief Justice shall be Chairman of the Public Service Board of
Appeal.
(3) An Act of Parliament may-
(a) Prescribe the manner of election of the person to be elected under the provisions of subclause (c) of clause (1);
(b) Provide for the appointment of deputies to act for members of the Public Service Board of Appeal appointed under the provisions of subclauses (b) and (c) of clause (1);
(c) Prescribe the jurisdiction of the Board of Appeal to hear and determine appeals from decisions of the Public Service Commission.
PART VIII
FINANCE
90. Public funds
There shall be a Treasury Fund and such
other public funds or accounts as may be provided by Act.
91.
Restriction on taxation
No taxation shall be imposed except by
Parliament.
92. Public revenue
All taxes and other revenues
and money raised or received by Western Samoa shall be paid into the Treasury
Fund unless required or
permitted by Act to be paid into any other public fund
or account.
93. Payment out of public funds
No money shall
be issued out of the Treasury Fund or any other public fund or account except in
pursuance of a warrant under the hand
of the Head of State.
94.
Appropriation of expenditure
(1) The Minister responsible for finance
shall, in respect of every financial year, cause to be laid before the
Legislative Assembly
a statement of the estimated receipts and expenditure for
that year, and, unless Parliament in respect of any year otherwise provides,
that statement shall be so laid before the commencement of that year.
(2)
The proposals for all expenditure contained in the estimates (other than
statutory expenditure) shall be submitted to the vote
of the Legislative
Assembly by means of an Appropriation Bill.
(3) If, in respect of any
financial year, it is found-
(a) That any expenditure is incurred or is likely to be incurred upon any service which is in excess of the sum provided for that service by the Appropriation Act relating to that year; or
(b) That any expenditure (other than statutory expenditure) is incurred or is likely to be incurred upon any service not provided for by the Appropriation Act relating to that year,
the Minister responsible for finance
shall cause to be laid before the Legislative Assembly supplementary estimates
in respect of
that expenditure, and the proposals for expenditure therein
contained shall be submitted to the vote of the Assembly by means of
a
Supplementary Appropriation Bill.
(4) Statutory expenditure, which shall
not be submitted to the vote of the Legislative Assembly under the provisions of
this Article,
means-
(a) The expenditure charged on the Treasury Fund under the provisions of Articles 22, 25, 69, and 98; and
(b) Such other expenditure as may by Act be charged upon the Treasury Fund or any other public fund or account and in such Act be expressly stated to be statutory expenditure.
(5) The Legislative Assembly may
approve or refuse its approval to any proposal for expenditure contained in an
Appropriation or Supplementary
Appropriation Bill, but may not increase the
amount or alter the destination of any proposed expenditure.
95.
Expenditure in anticipation of appropriation
If an Appropriation Bill
has not become law by the first day of the financial year to which it relates,
the Minister responsible for
finance may, with the prior approval of Cabinet,
authorise such expenditure (not otherwise authorised by Act) as he may consider
essential for the continuance of any services, until an Appropriation Bill
becomes law:
Provided that the expenditure so authorised shall nor exceed
the amount of any unexpended balance of the vote in the Appropriation
law for
the preceding year together with an amount equal to one-fourth of that
vote.
96. Unauthorised expenditure
Where, during the period
between the passing of the Appropriation Act for any financial year and the end
of that year, it is desirable
that money should be expended in excess of or
without the appropriation of the Legislative Assembly, Cabinet or, to the extent
that
Cabinet so authorises, the Minister responsible for finance may authorise
the expenditure of such sums as are considered necessary:
Provided that
the total amount of all sums issued and paid under the provisions of this
Article shall not exceed one percent of the
total amount of all sums
appropriated by the Appropriation Act for that year.
97. Controller
and Chief Auditor
(1) There shall be a Controller and Chief Auditor,
who shall be appointed by the Head of State, acting on the advice of the Prime
Minister.
(2) A person who has held the office of Controller and Chief
Auditor shall not be eligible for appointment to any other office in
the service
of Western Samoa within a period of 3 years of his having ceased to hold the
office of Controller and Chief Auditor.
(3) The Controller and Chief
Auditor shall hold office until he reaches the age of 60 years.
Provided
that the Legislative Assembly may by resolution extend the period of office of a
Controller and Chief Auditor who has reached
the age of 60 years.
(4) The
Controller and Chief Auditor may at any time resign his office by writing under
his hand addressed to the Prime Minister but
shall not be removed from office
except on the like grounds and in the like manner as a Judge of the Supreme
Court
(5) The Head of State, acting on the advice of the Prime Minister,
may at any time when the Legislative Assembly is not meeting suspend
the
Controller and Chief Auditor from his office, and such suspension, unless
previously revoked, shall continue in force until the
end of the next ensuing
session and no longer.
98. Salary of Controller and Chief
Auditor
The salary of the Controller and Chief Auditor 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 Controller and Chief
Auditor, unless as part of a general reduction of
salaries applied
proportionately to all persons whose salaries are determined by
Act.
99. Audit of accounts
(1) The Controller and Chief
Auditor shall audit the Treasury Fund, such other public funds or accounts as
may be established, the
accounts of all Departments and offices of executive
government and the accounts of such other public, statutory or local authorities
and bodies as may be provided by Act.
(2) The Controller and Chief
Auditor shall report at least once annually to the Legislative Assembly on the
performance of his functions
under this Article and shall in his report draw
attention to any irregularities in the accounts audited by him.
PART IX
LAND AND TITLES
100. Matai titles
A Matai title shall be held in accordance
with Samoan custom and usage and with the law relating to Samoan custom and
usage.
101. Land in Western Samoa
(1) All land in Western
Samoa is customary land, freehold land or public land.
(2) Customary land
means land held from Western Samoa in accordance with Samoan custom and usage
and with the law relating to Samoan
custom and usage.
(3) Freehold land
means land held from Western Samoa for an estate in fee simple.
(4)
Public land means land vested in Western Samoa being land that is free from
customary title and from any estate in fee simple.
102. No alienation
of customary land
It shall not be lawful or competent for any person
to make any alienation or disposition of customary land or of any interest in
customary
land, whether by way of sale, mortgage or otherwise howsoever, nor
shall customary land or any interest therein be capable of being
taken in
execution or be assets for the payment of the debts of any person on his decease
or insolvency:
Provided that an Act of Parliament may authorise-
(a) The granting of a lease or licence of any customary land or of any interest therein;
(b) The taking of any customary land or any interest therein for public purposes.
103. Land and Titles Court
There
shall be a Land and Titles Court with such composition and with such
jurisdiction in relation to Matai titles and customary
land as may be provided
by Act.
104. Land below high-water mark
(1) Subject to the
provisions of any Act, all land lying below the line of high-water mark shall be
public land.
(2) For the purposes of this Article, the term "high-water
mark" means the line of median high tide between the spring and neap
tides.
PART X
EMERGENCY POWERS
105. Proclamation of Emergency
(1) If the Head of State is
satisfied, acting in his discretion after consultation with Cabinet, that a
grave emergency exists whereby
the security or economic life of Western Samoa or
of any part thereof is threatened, whether by war, external aggression, internal
disturbance or natural catastrophe, he may by proclamation (hereinafter referred
to as a Proclamation of Emergency) declare that
a state of emergency
exists.
(2) A Proclamation of Emergency shall remain in force for a
period of 30 days, if not sooner revoked, but the provisions of this clause
shall not preclude the issue of a further Proclamation before the expiry of the
period for which the immediately preceding Proclamation
is in force.
(3)
If the Legislative Assembly is meeting at the time the Proclamation of Emergency
is made, the Proclamation shall forthwith be
laid before the
Assembly.
(4) If the Legislative Assembly is not meeting at the time the
Proclamation of Emergency is made, the Head of State shall appoint
a time for
the Assembly to meet which time shall be as soon as the Head of State, acting in
his discretion, considers that conditions
make it practicable, and the
Proclamation shall forthwith be laid before the Assembly:
Provided that,
if not less than one-half of the total number of Members of Parliament
(excluding vacancies) by notice in writing to
the Head of State require that a
time for the meeting of the Assembly be appointed for the purposes of this
clause, the Head of State
shall appoint such a time which shall be not later
than 7 days after the date of receipt of that notice.
106. Emergency
Orders
(1) When a Proclamation of Emergency has been made and so long
as it remains in force, the Head of State may from time to time make
such Orders
(hereinafter referred to as Emergency Orders) as appear to him to be necessary
and expedient for securing the public
safety, the defence of Western Samoa and
the efficient prosecution of any war in which Western Samoa may be engaged, for
maintaining
public order and the supplies and services essential to the life of
the community, and generally for safeguarding the interests and
maintaining the
welfare of the community.
(2) Emergency Orders may empower or provide for
empowering such authorities, persons or classes of persons as may be specified
in
the Orders to make regulations, rules or by-laws for any of the purposes for
which Emergency Orders are authorised under the provisions
of this Article to be
made, and may contain such incidental and supplementary provisions as appear to
the Head of State to be necessary
or expedient for making effective the powers
conferred under the provisions of clause (1).
(3) Every Emergency Order,
if otherwise valid, shall have effect notwithstanding anything contained in Part
II.
(4) No provision of any Emergency Order, and no regulation rule or
by-law duly made under the provisions of any such Order, shall
be invalid
because it deals with any matter already provided for under any law or because
of any inconsistency with any such law.
107. Orders to be laid before
Legislative Assembly
(1) If the Legislative Assembly is meeting at
the time an Emergency Order is made under the provisions of Article 106, the
Order shall
forthwith be laid before the Assembly; and, if the Assembly is not
then meeting, the Order shall be laid before the Assembly as soon
as the next
meeting thereof commences.
(2) When an emergency Order has been laid
before the Legislative Assembly under the provisions of clause (1), a notice of
motion,
signed by 6 Members of Parliament and made within 10 days of the day the
Order was laid before the Assembly praying that the Order
be revoked shall be
debated in the Assembly at the first convenient opportunity within 4 sitting
days next after the day on which
notice of motion was given and if the Assembly
resolves that the Order be revoked, it shall cease to be in force.
(3)
All Emergency Orders made under the provisions of Article 106, if not sooner
revoked, shall expire on the date on which the Proclamation
of Emergency ceases
to be in force or where more than one such Proclamation is made in respect of
the emergency, when the last of
those Proclamations ceases to be in
force.
(4) The revocation or expiry of an Emergency Order shall not
affect the previous operation thereof, the validity of anything done
or omitted
to be done thereunder, or any offence committed or any penalty or punishment
incurred.
108. Restriction on detention
(1) For the
purposes of this Article, there shall be an advisory board, which shall consist
of-
(a) A Chairman appointed by the Head of State from among the persons who are or have been Judges of the Supreme Court or are qualified to be Judges of the Supreme Court;
(b) Two other members appointed by the Head of State, acting in his discretion after consultation with the Chief Justice.
(2) Where an
Emergency Order made under the provisions of Article 106 authorises the
detention of any person-
(a) Any person detained under the provisions of that Order shall, as soon as possible, be informed of the grounds for his detention and, subject to the provisions of clause (3), of the allegations of fact on which it is based, and be given an opportunity of making representations to the advisory board against his detention; and
(b) No person shall be detained under the provisions of that Order for a period exceeding 3 months unless the advisory board has considered any representations made by him under the provisions of subclause (a) and has reported, before the expiry of that period, that there is in its opinion sufficient cause for the detention.
(3) This Article shall not require any authority
or person who is authorised to detain any person under any Emergency Order made
under
the provisions of Article 106 to disclose facts whose disclosure would in
its or his opinion be against the national interest.
PART XI
GENERAL AND MISCELLANEOUS
109. Amendment of Constitution
(1) 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 90 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.
(2) 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.
110. Power of
pardon
(1) 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.
(2) 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
(1) 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 Western 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 Western Samoa;
"Court of Appeal" means the Court of Appeal of Western 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 Western Samoa or any part thereof immediately before Independence Day;
"Head of State" means the Head of State of Western Samoa;
"High Court" means the High Court of Western 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 Western Samoa; and includes this Constitution, any Act of Parliament and any proclamation, regulation, order, bylaw 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 Western Samoa, and any custom or usage which has acquired the force of law in Western Samoa or any part thereof under the provisions of any Act or under a judgment 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 Western 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 Western Samoa;
"Proclamation" means a proclamation made by the Head of State under his hand and the Public Seal of Western Samoa and published in the Western Samoa Gazette;
"Property" includes real and personal property, any estate or interest in any real or personal property, any debt, any thing in action, and any other right or interest;
"Public Seal" means the Public Seal of Western Samoa;
"Public Service Commission" means the Public Service Commission of Western 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 Western Samoa" means service in any capacity of Western Samoa; and includes service in any of the capacities named in subclauses (a) to (k) inclusive of Article 83, but not service in respect of the Western Samoa Trust Estates Corporation;
"Speaker" means the Speaker of the Legislative Assembly;
"Supreme Court" means the Supreme Court of Western Samoa;
"Western Samoa Trust Estates Corporations" means the corporation constituted under that name on Independence Day.
(2) 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.
(3) 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.
(4) 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 subscribing an
affirmation.
(5) 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.
(6) 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.
(7) 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,-
(a) 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;
(b) 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;
(c) 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.
113. 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 Western Samoa approved by the General
Assembly on 13 December 1946.
PART XII
TRANSITIONAL
114. Existing law to continue
Subject to the provisions of
this Constitution-
(a) The existing law shall, until repealed by Act, continue in force on and after Independence Day; and
(b) All rights, obligations and liabilities arising under the existing law shall continue to exist on and after Independence Day and shall be recognised, exercised and enforced accordingly; and
(c) Proceedings in respect of offences committed against the existing law may be instituted on and after Independence Day in that Court, established under the provisions of this Constitution, having the appropriate jurisdiction, and offenders shall be liable to the punishments provided by the existing law.
115. Functions of Council of State
Where
the existing law confers any function on the Council of State of Western Samoa
constituted under the provisions of the Samoa
Amendment Act 1959, that function
shall be performed by the Head of State, and where any such function is to be
performed by the
Council of State, acting by and with the advice of the
Executive Council, that function shall be performed by the Head of State,
acting
by and with the advice of Cabinet.
116. Tenure of office of
Ministers
Any person holding office as Prime Minister or as a
Minister immediately before Independence Day shall be deemed to have been duly
appointed thereto under the provisions of Part IV.
117. First
Legislative Assembly
(1) The Legislative Assembly of the Trust
Territory shall continue in being on and after Independence Day as the
Legislative Assembly,
and the members of the Legislative Assembly of the Trust
Territory shall be deemed to have been duly elected as Members of Parliament
under the provisions of this Constitution.
(2) The Speaker and the Deputy
Speaker of the Legislative Assembly of the Trust Territory who are in office
immediately before Independence
Day shall be deemed to have been duly elected as
Speaker and Deputy Speaker, respectively, under the provisions of this
Constitution.
(3) The first session of the Legislative Assembly shall
commence within 3 months of Independence Day.
(4).For the purposes of the
provisions of clause (4) of Article 63, the general election at which the
Legislative Assembly of the
Trust Territory was elected shall be the date of the
last preceding election in respect of the Legislative Assembly in being on and
after Independence Day.
(5) Subject to the provisions of this
Constitution, the Standing Orders of the Legislative Assembly of the Trust
Territory in force
immediately before Independence Day shall be the Standing
Orders of the Legislative Assembly, and they may be amended, repealed or
added
to under the provisions of Article 53.
(6) If the seat of a Member of
Parliament becomes vacant before the date of the first general election to be
held after Independence
Day, that vacancy shall be filled under the law in force
immediately before Independence Day in relation to the filling of vacancies
in
the membership of the Legislative Assembly of the Trust
Territory.
118. Existing Judges
Subject to the provisions
of this Constitution, a person holding office as a Judge of the High Court
immediately before Independence
Day shall, on and after that day, hold the
office of Judge of the Supreme Court on the same terms and conditions as were
applicable
to him immediately before Independence Day.
119. Existing
legal proceedings
(1) All legal proceedings pending in the High Court
immediately before Independence Day shall, on and after that day, stand
transferred
to, and be deemed to be pending for determination before, that
court, established under the provisions of this Constitution, having
the
appropriate jurisdiction.
(2) All appeals from the High Court which
immediately before Independence Day lay to, or were pending in, any court having
jurisdiction
to hear such appeals shall, on and after that day, lie to or stand
transferred to, and be deemed to be pending for determination
before, the Court
of Appeal.
(3) Any decision of the High Court or of any court having
jurisdiction to hear appeals from the High Court shall have the same force
and
effect as if it had been delivered or made by the Supreme Court or the Court of
Appeal, respectively.
120. Existing officers to continue in
office
Subject to the provisions of this Constitution-
(a) A person who, immediately before Independence Day, holds the office of Attorney-General or of a member of the Public Service Commission shall, on and after that day, hold the corresponding office established under the provisions of this Constitution on the same terms and conditions as were applicable to him immediately before Independence Day; and
(b) A person who, immediately before Independence Day, is an employee of the Western Samoan Public Service referred to in the Samoa Amendment Act 1949 shall on and after that day, hold the like employment in the Public Service.
121. Laws not brought into force before
Independence Day
Where any Ordinance was enacted or made by the
Legislative Assembly of the Trust Territory and the coming into force of that
Ordinance
was suspended, that Ordinance may, on or after Independence Day, come
into force on the date specified therein or as may be specified
by any authority
empowered to bring it into force; and, in such case, the Ordinance shall, on and
after that date, take effect as
an Act or Parliament.
122. Adaptation
of existing law
Where in the existing law reference is made to Her
Majesty the Queen in right of the Trust Territory of Western Samoa, to the Crown
in right of the Trust Territory of Western Samoa, to the Trust Territory of
Western Samoa, to Western Samoa, or to Samoa, that reference
shall unless the
context otherwise requires, be construed as a reference to Western
Samoa.
123. Vesting of property
(1) All property which
immediately before Independence Day is vested in Her Majesty the Queen in right
of the Trust Territory of Western
Samoa or in the Crown in right of the Trust
Territory of Western Samoa shall, on Independence Day, vest in Western
Samoa.
(2) Subject to the provisions of clause (3), land which
immediately before Independence Day is, under the provisions of the Samoa
Act
1921, Samoan land, European land or Crown land shall, on and after Independence
Day, be held, under the provisions of this Constitution,
as customary land,
freehold land or public land, respectively.
(3) All land in Western
Samoa which immediately before Independence Day is vested in the Crown in right
of the Government of New Zealand
shall, on Independence Day, become freehold
land held by Her Majesty the Queen in right of the Government of New Zealand for
an estate
in fee simple.
124. Transitional amendments to
Constitution
No amendments to the provisions of this Constitution
shall be made before Parliament is constituted under the provisions of Part V,
except such as the Legislative Assembly of the Trust Territory may make by
Ordinance to remove any difficulties in the transition
from the constitutional
arrangements in force immediately before Independence Day to those provided for
in this Constitution; and
any Ordinance made under the provisions of this
Article shall, unless sooner repealed, cease to be in force at the expiry of a
period
of 9 months beginning with the day on which the Legislative Assembly
first meets.
SCHEDULES
FIRST SCHEDULE
Article 18
ELECTION OF THE HEAD OF STATE
1. (1) Not less than 60 days before the expiry of the term of
office of a Head of State, the Speaker shall give notice in writing of
the date
on which the impending vacancy w ill occur to each Member of Parliament and in
that notice appoint a day, being a day not
less than 30 nor more than 35 days
(excluding the date of the vacancy) before the date of the vacancy, for the
nomination of candidates
for election as Head of State.
(2) In the event
of a vacancy occurring in the office of Head of State, otherwise than through
the expiry of the term of office of
a Head of State, the Speaker shall, as soon
as possible thereafter, give notice in writing of that vacancy to each Member of
Parliament
and in that notice appoint a day, being a day not less than 30 nor
more than 35 days (excluding the date of the vacancy) after the
date of the
vacancy, for the nomination of candidates for election as Head of
State.
2. (1) If, at any time after the Speaker has given notice
under the provisions of Article 1, not fewer than 10 Members of Parliament
make
a request in writing to the Head of State or the Council of Deputies, as the
case may be, advising the Head of State or the
Council of Deputies, as the case
may be, that they wish to move to appoint a day for the nomination of candidates
later than that
appointed by the Speaker, the Head of State or the Council of
Deputies, as the case may be, shall forthwith appoint a day, which
shall be as
soon as possible, for a meeting of the Legislative Assembly.
(2) At a
meeting appointed under the provisions of clause (1), the Legislative Assembly
may by resolution appoint a day for the nomination
of candidates later than that
appointed by the Speaker.
3. No person shall be deemed to be a
candidate for election as Head of State unless nominated as follows: a
nomination paper, signed
by at least 2 Members of Parliament and by the
candidate in token of his assent to the nomination shall be delivered to the
Clerk
of the Legislative Assembly after the Speaker has given notice under the
provisions of Article 1 and before noon on the day appointed
for the nomination
of candidates.
4. (1) As soon as possible after the time appointed
for the nomination of candidates, the Clerk of the Legislative Assembly shall
inform
each Member of Parliament in writing of the nominations
received.
(2) If only one candidate is nominated, he shall be deemed to
be elected, and the Clerk of the Legislative Assembly shall, at the
time he
informs Members of Parliament of that nomination, issue under his hand a public
notice declaring the candidate concerned
to be duly elected. The Clerk of the
Assembly shall forthwith cause that notice to be published in the Western
Samoa Gazette.
5. (1) If more than one candidate is nominated,
the Head of State or the Council of Deputies, as the case may be, shall appoint
a day,
being a day not more than 30 days (excluding the day appointed for the
nomination of candidates) after the day appointed for the
nomination of
candidates, for the Legislative Assembly to meet to consider the
nominations.
(2) On the day so appointed for a meeting of the Legislative
Assembly, the Assembly shall proceed to an election of the Head of
State.
6. (1) In the election of the Head of State, the Speaker
shall conduct a ballot in which each Member of Parliament present shall cast
a
vote for one of the candidates nominated for election.
(2) No candidate
shall be elected unless he obtains an absolute majority of the votes of those
Members of Parliament present and voting.
(3) If no candidate obtains an
absolute majority of votes in the first ballot further ballots shall be held to
the number of not more
than 2, in an attempt to find a candidate who can obtain
an absolute majority. If no candidate obtains an absolute majority after
the
holding of the third ballot, the candidate with the lowest number of votes in
the third ballot shall be eliminated, and a fourth
ballot shall be taken. If
necessary, further ballots shall be held, after the elimination before each of
those ballots of the candidate
who received the lowest number of votes in the
preceding ballot, until one candidate receives an absolute majority.
(4)
When a candidate receives the required majority, the Speaker shall declare him
to be duly elected, and the Clerk of the Legislative
Assembly shall forthwith
issue under his hand a public notice to that effect and cause that notice to be
published in the Western Samoa Gazette.
SECOND SCHEDULE
Article 44
MEMBERS OF PARLIAMENT TO BE ELECTED BY PERSONS WHOSE
NAMES
APPEAR ON THE INDIVIDUAL VOTERS’ ROLL
1. Within 3 years of Independence Day and at intervals of not less
than 5 and not more than 6 years thereafter, the Head of State shall
appoint the
Registrar of Electors as an Electoral Commissioner to determine the number of
Members of Parliament to be elected by
the persons whose names appear on the
individual voters’ roll.
The words “3 years" were substituted
for the words “one year" by s. 5 of the Constitution Amendment Act (No. 2)
1963.
2. The number of Members of Parliament to be elected by
the persons whose names appear on the individual voters' roll shall bear, as
nearly as possibly, the same relationship to the number of persons deemed to be
represented by those Members as the number of Members
of Parliament to be
elected by territorial constituencies bears to the number of persons deemed to
be represented by those Members.
3. In making a determination
under the provisions of Articles 1 and 2, the Electoral Commissioner shall give
effect to the following
provisions:
(a) The number of persons deemed to be represented by the Members of Parliament to be elected by the persons whose names appear on the individual voters' roll shall be calculated by multiplying by 3 the number of persons whose names appear on the individual voters' roll as at 31 December in the year preceding the year of the appointment of the Electoral Commissioner;
(b) The Electoral Commissioner shall-
(i) Ascertain the official estimate of the population of Western Samoa (prepared under the authority of Cabinet) as at 31 December aforesaid; and
(ii) Estimate the number of persons included in the aforesaid estimate of population who are not citizens of Western Samoa;
(c) The number of persons deemed to be represented by Members of Parliament to be elected by territorial constituencies shall be calculated by deducting from the aforesaid estimate of population-
(i) The number of persons deemed to be represented by the Members to be elected by the persons whose names appear on the individual voters' roll, and
(ii) The number of persons who are not citizens of Western Samoa, estimated as aforesaid.
4. The Electoral Commissioner,
in determining the number of Members of Parliament to be elected by the persons
whose names appear on
the individual voters' roll, shall regard as one any
fraction thereof.
5. (1) The Electoral Commissioner shall report
to the Head of State the determination he has made under the provisions of this
Schedule.
(2) On receipt of the report of the Electoral Commissioner, the
Head of State shall forthwith cause the same to be published in the
Western
Samoa Gazette, and, within a period of 14 days from the date of that
publication, objections may be submitted to the Electoral Commissioner. The
Commissioner shall hear any such objections in public and, as soon as possible
after the expiry of the period of 14 days, either
confirm to the Head of State
his previous determination or submit to him a revised
determination.
6. Upon receipt of such confirmation or revised
determination, the Head of State shall forthwith, by Proclamation, declare the
number
of Members of Parliament to be elected by the persons whose names appear
on the individual voters' roll.
THIRD SCHEDULE
FORMS OF OATH
Article 28
1. Oath of Head of
State
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 Western Samoa in accordance
with the Constitution and the
law. So help me God.
Article 28
2. Oath of Members of the Council of
Deputies
I,................................................, swear by
Almighty God that I will well and truly serve the Independent State of
Western
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.
Article 34
3. Oath of the Prime Minister and other Ministers
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