Constitution

Samoa 1962 Constitution (reviewed 2017)

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Table of Contents

PART IV. THE EXECUTIVE

31. Executive power

  1. The executive power of Samoa shall vest in the Head of State and shall be exercised by him or her under the provisions of this Constitution.
  2. Nothing in clause (1) 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 Samoa and shall be collectively responsible therefor to Parliament.
  2. Cabinet shall be appointed as follows:
    1. 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.
    2. the Head of State shall, acting on the advice of the Prime Minister appoint not fewer than eight nor more than twelve Members of Parliament to be Ministers.
    3. the Head of State shall, acting on the advice of the Prime Minister, appoint one of the Ministers appointed under subclause (b) to be Deputy Prime Minister.
    4. 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.
    5. appointments under the provisions of this clause shall be made by the Head of State by instrument under the Public Seal.
    6. 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.

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
    1. if the Prime Minister ceases to be a Member of Parliament for any reason other than a dissolution of the Legislative Assembly; or
    2. 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
    3. if the Prime Minister resigns his or her office by writing under his or her hand addressed to the Head of State; or
    4. if the Prime Minister is absent from Samoa without written permission given by the Head of State, acting in his or her discretion.
  3. The office of any other Minister shall become vacant
    1. if the appointment of the Prime Minister has been terminated under the provisions of clause (1) or clause (2); or
    2. 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
    3. if the Minister ceases to be a Member of Parliament for any reason other than a dissolution of the Legislative Assembly; or
    4. if the Minister resigns his or her office by writing under his or her hand addressed to the Head of State; or
    5. if the Minister is absent from 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 Samoa with the written permission of the Head of State, the Prime Minister is temporarily prevented from performing in Samoa, the functions of his or her 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 or her 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 or her discretion, if in his or her 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
    1. declare a Minister to be by reason of illness temporarily incapable of performing his or her functions as a Minister; or
    2. 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 or her 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 or her 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 or her hand
    1. charge any Minister with the responsibility for any Department or subject; and
    2. revoke or vary any direction given under the provisions of this clause.
  2. The Prime Minister may retain in his or her charge any Department or subject.

36. Summoning of Cabinet

Cabinet shall be summoned only by the Prime Minister or, in his or her 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 twenty-four 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
    1. on its approval by the Head of State, acting in his discretion; or
    2. on the expiry of four days after the date of the decision, unless a meeting of the Executive Council is sooner held under the provisions of Article 40; or
    3. 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
    4. 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 Samoa, which shall consist of:
    1. the Head of State:
    2. 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 or her 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.

41A. Repealed by Constitution Amendment Act (No. 1) of 2017

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