PART XI. GENERAL AND MISCELLANEOUS
109. Amendment of Constitution
- Any of the provisions of this Constitution may be amended or repealed by Act, and new provisions may be inserted in this Constitution by Act, if a bill for any such purpose is supported at its third reading by the votes of not less than two-thirds of the total number of Members of Parliament (including vacancies) and if not fewer than ninety days elapse between the second and third readings of that bill:Provided that no bill amending, repealing or adding to the provisions of Article 102 or the provisions of this proviso shall be submitted to the Head of State for assent until it has been submitted to a poll of the electors on the rolls for the territorial constituencies established under the provisions of Article 44 and unless it has been supported by two-thirds of the valid votes cast in such a poll.
- A certificate under the hand of the Speaker that a bill has been passed under the provisions of clause (1) shall be conclusive and shall not be questioned in any court.
110. Power of pardon
- The Head of State shall have power to grant pardons, reprieves and respites, and to remit, suspend or commute any sentence passed by any court, tribunal or authority established under the law.
- In the exercise of the powers conferred upon him or her under the provisions of clause (1), the Head of State shall act in his or her discretion after consultation with such Minister as the Prime Minister shall designate from time to time.
111. Interpretation
- In this Constitution, unless it is otherwise provided or the context otherwise requires –
- “Act” or “Act of Parliament” means an Act of the Parliament of Samoa; and includes any Ordinance of the Legislative Assembly of the Trust Territory constituted under the provisions of the Samoa Amendment Act 1957:
“Cabinet” means the Cabinet of Ministers: “Chief Justice” means the Chief Justice of the Supreme Court of Samoa: “Court of Appeal” means the Court of Appeal of Samoa: “Employee of the Public Service” means a person employed in the Public Service: “Existing law” means any law in force in the Trust Territory of Samoa or any part thereof immediately before Independence Day: “Head of State” means the Head of State of Samoa: “High Court” means the High Court of Samoa constituted under the provisions of the Samoa Act 1921: “Independence Day” means the day on which this Constitution comes into force under the provisions of Article 113: “Judicial officer” means the holder of any judicial office, but does not include an employee of the Public Service who exercises all or any of the functions of a judicial office: “Law” means any law for the time being in force in Samoa; and includes this Constitution, any Act of Parliament and any proclamation, regulation, order, by-law or other act of authority made thereunder, the English common law and equity for the time being in so far as they are not excluded by any other law in force in Samoa, and any custom or usage which has acquired the force of law in Samoa or any part thereof under the provisions of any Act or under a judgement of a Court of competent jurisdiction: “Legislative Assembly” means the Legislative Assembly constituted under the provisions of Article 44: “Legislative Assembly of the Trust Territory” means the Legislative Assembly constituted under the provisions of the Samoa Amendment Act 1957 and in being immediately before Independence Day: “Minister” includes the Prime Minister: “Office of profit” means any office in the service of Samoa carrying the right to salary, and includes any office declared by Act to be an office of profit: “Officer of the Public Service” means an employee of the Public Service other than a person employed in a temporary capacity or on probation: “Parliament” means the Parliament of Samoa: “Proclamation” means a proclamation made by the Head of State under his or her hand and the Public Seal of Samoa and published in the Samoa Gazette: “Property” includes real and personal property, any estate or interest in any real or personal property, any debt, anything in action, and any other right or interest: “Public Seal” means the Public Seal of Samoa: “Public Service Commission” means the Public Service Commission of Samoa: “Salary” includes salary or wages, allowances, superannuation rights, free or subsidised housing, free or subsidised transport, and other privileges capable of being valued in money: “Service of Samoa” means service in any capacity of Samoa; and includes service in any of the capacities named in subclauses (a) to (m) inclusive of Article 83, but not service in respect of the Samoa Trust Estates Corporation: “Speaker” means the Speaker of the Legislative Assembly: “Supreme Court” means the Supreme Court of Samoa: “Samoa Trust Estates Corporations” means the corporation constituted under the name “Western Samoa Trust Estates Corporation” on Independence Day.
- “Act” or “Act of Parliament” means an Act of the Parliament of Samoa; and includes any Ordinance of the Legislative Assembly of the Trust Territory constituted under the provisions of the Samoa Amendment Act 1957:
- Where in this Constitution reference is made to the Samoa Act 1921 or to any amendment to that Act, that reference shall be construed as a reference to the Act of the Parliament of New Zealand bearing the short title “the Samoa Act 1921” or to the relevant amendment thereto, including any amendment to that Act of the Parliament of New Zealand or that relevant amendment.
- Unless the context otherwise requires, where in this Constitution reference is made to a specified Part, Article or Schedule, that reference shall be construed as a reference to that Part or Article of, or that Schedule to, this Constitution; and, where reference is made to a specified clause, subclause or paragraph, that reference shall be construed as a reference to that clause of the Article, that subclause of the clause or that paragraph of the subclause in which the reference occurs.
- Where under the provisions of this Constitution a person is required to take and subscribe an oath, he shall be permitted, if he so desires, to comply with that requirement by taking and sub-scribing an affirmation.
- Where in this Constitution reference is made to the functions of any office, that reference shall, unless the context otherwise requires, be construed as a reference to the functions of that office and to any powers and authorities that may lawfully be exercised by, and any duties that may be required to be performed by, the holder of that office.
- Where in this Constitution reference is made to any officer by the term designating his or her office, that reference shall, unless the context otherwise requires, be construed as a reference to the officer for the time being lawfully performing the functions of that office.
- Where this Constitution confers any power to make any appointment to any office, the person or authority having power to make the appointment shall, unless the context otherwise requires, have power, exercisable in a like manner
- to direct that a person other than the person appointed shall, during any period that the person appointed is unable to perform the functions of his or her office owing to absence or inability to act from illness or any other cause, perform the functions of that office;
- to appoint another person substantively to an office notwithstanding that there is a substantive holder thereof, when that substantive holder is on leave of absence pending relinquishment of his or her office;
- to direct that a person shall perform the functions of that office when no person has been appointed thereto, either until a contrary direction shall be given by the person or authority having power to make the appointment or until a person shall have been appointed substantively thereto, whichever shall be the earlier.
112. Authoritative texts
The Samoan and English texts of this Constitution are equally authoritative but, in case of difference, the English text shall prevail.
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 Samoa approved by the General Assembly on 13 December 1946.
