Samoa

Constitution of the Independent State of Samoa (1960, last amended 1997)

Updated: June 2015

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Article 7 states:

No person under guardianship, non compos mentis, or insane shall be qualified to vote at any election.

 

Article 23, section (2) states:

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.

 

Article 24 states:

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 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 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.

 

Article 33 states:

(4) Whenever, by reason of illness or of absence from Samoa with the written permission of the Head of State, the Prime Minister is temporarily prevented from performing, in Samoa, the functions of his office, the Head of State may, by instrument under the Public Seal, appoint the Deputy Prime Minister to perform those functions, or another Minister where this is not possible, until such time as the Prime Minister is capable of again performing them or has vacated his Office. (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...

 

Article 70, section (2) states:

Wherever by reason of illness or any cause other than absence from Samoa the Chief Justice is unable to perform the functions of the office of Chief Justice, the Head of State, acting on the advice of the Prime Minister, may authorise the senior Judge of the Supreme Court to act as Chief Justice until the Chief Justice resumes those functions, and, during that period, to perform those functions."

 

Article 111, section (7) states:

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...

 

Excerpts from the Constitution of the Independent State of Samoa (1960, last amended 1997)

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Article 23, section (2) states:

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.

 

Article 24 states:

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 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 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.

 

Article 33 states:

(4) Whenever, by reason of illness or of absence from Samoa with the written permission of the Head of State, the Prime Minister is temporarily prevented from performing, in Samoa, the functions of his office, the Head of State may, by instrument under the Public Seal, appoint the Deputy Prime Minister to perform those functions, or another Minister where this is not possible, until such time as the Prime Minister is capable of again performing them or has vacated his Office. (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...

 

Article 70, section (2) states:

Wherever by reason of illness or any cause other than absence from Samoa the Chief Justice is unable to perform the functions of the office of Chief Justice, the Head of State, acting on the advice of the Prime Minister, may authorise the senior Judge of the Supreme Court to act as Chief Justice until the Chief Justice resumes those functions, and, during that period, to perform those functions.

 

Article 111, section (7) states:

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..."

 

Excerpts from the Constitution of the Independent State of Samoa (1960, last amended 1997)