PART V. PARLIAMENT
42. Parliament
There shall be a Parliament of Samoa, which shall consist of the Head of State and the Legislative Assembly.
43. Power to make laws
Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of Samoa and laws having effect outside as well as within Samoa.
44. Members of the Legislative Assembly
- Subject to the provisions of this Article, the Legislative Assembly shall consist of:
- one member elected for each of 41 territorial constituencies having such names and boundaries and including such villages or sub-villages or villages and sub-villages as are prescribed from time to time by Act:
- six additional members being one additional member elected for each of such 6 of those territorial constituencies as are prescribed from time to time by Act;
- two (2) members respectively elected, under the two (2) urban constituencies provided by Act, by persons whose names appear on the urban constituency roll;
- Subject to this Article, women Members of the Legislative Assembly shall:
- consist of a minimum of 10% of the Members of the Legislative Assembly specified under clause (1) which for the avoidance of doubt is presently five (5); and
- be elected pursuant to clause (1) or become additional Members pursuant to clause (1B), (1D) or (1E).
- If, following any general election:
- all members elected under clause (1) are men, the prescribed number of women candidates (if any) with the highest number of votes shall become additional Members; or
- less than the prescribed number of women candidates are elected under clause (1), the remaining prescribed number of women candidates (if any) with the highest number of votes shall become additional Members for the purposes of clause (1A).
- Clause (1B) does not apply if the prescribed number of women are all elected under clause (1).
- If the seat of an additional Member becomes vacant, it shall, despite Article 48, be filled by the woman candidate (if any) who has the next highest number of votes at the last election or general election.
- Subject to Article 48, if a seat under clause (1) held by a woman becomes vacant, to which a man is elected to fill that vacant seat, the woman candidate (if any) with the highest number of votes from that election or the last election or general election shall become the additional Member.
- If, in the selection of the required number of women under clause (1B), (1D) or (1E), two (2) or more candidates have equal number of votes, the additional Member shall be selected by lot before the Electoral Commissioner with the presence of the candidates or their authorised representatives and at least two (2) police officers.
- If a woman candidate becomes an additional Member of a constituency (irrespective of a woman candidate being elected to that constituency), no other woman candidate from the same constituency shall become an additional Member unless there is no other woman candidate from any other constituency to make up the required prescribed number.
- [Repealed by Act 19 of 2015]
- 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 urban constituency roll shall be established and kept shall be prescribed by law.
- Members of the Legislative Assembly (including additional Members) shall be known as Members of Parliament.
- In this Article, unless the context otherwise requires:
- “Additional Member” means a woman who is a Member of Parliament by virtue of clause (1B), (1D) or (1E) for the purposes of clause (1A);
“Highest number of votes” means the percentage of the total valid votes in a constituency polled by a woman candidate; “Prescribed number” means the minimum number of women Members of Parliament specified under clause (1A).
- “Additional Member” means a woman who is a Member of Parliament by virtue of clause (1B), (1D) or (1E) for the purposes of clause (1A);
45. Qualifications for membership
- Any person shall be qualified to be elected as a Member of Parliament who
- is a citizen of Samoa; and
- is not disqualified under the provisions of this Constitution or of any Act.
- If any person other than a person qualified under the provisions of clause (1) is elected as a Member of Parliament, the election of that person shall be void.
46. Tenure of office of members
- Every Member of Parliament shall cease to be a Member at the next dissolution of the Legislative Assembly after he has been elected or previously thereto if his or her seat becomes vacant under the provisions of clause (2).
- The seat of a Member of Parliament shall become vacant
- upon his or her death; or
- if he resigns his or her seat by writing under his or her hand addressed to the Speaker; or
- if he ceases to be a citizen of Samoa; or
- if he becomes disqualified under the provisions of this Constitution or of any Act.
- Notwithstanding Articles 13 and 15, an Act may provide that the seat of a Member of Parliament becomes vacant during his or her term of office:
- where in certain circumstances the Member –
- resigns or withdraws from or changes his or her political party;
- joins a political party if he or she is not a member of the political party;
- where the Member holds himself or herself or herself out to be a member or a representative of –
- a party or organisation that has political aims and is desirous of taking part in an election where such party or organisation is not registered as a political party under an Act; or
- a political party other than the political party of which he or she is a member.
- where in certain circumstances the Member –
47. Decisions on questions as to membership
All questions that may arise as to the right of any person to be or to remain a Member of Parliament shall be referred to and determined by the Supreme Court.
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 or her 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
- 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.
- As an exception to clause (1), the Member nominated, by the party that wins majority of all the seats in the Legislative Assembly after a general election, is taken to have been duly elected by the Legislative Assembly pursuant to clause (1) and shall be endorsed by the Legislative Assembly as Speaker.
- For any vacancy under clause (1), the Member nominated, by the party or parties in Government, is taken to have been duly elected under clause (1) and shall be endorsed by the Legislative Assembly as Speaker.
- The Speaker, upon being elected and before assuming the functions of his or her office, shall take and subscribe before the Head of State an Oath of Allegiance in the form set out in the Third Schedule.
- The Speaker may at any time resign his or her office by writing under his or her hand addressed to the Clerk of the Legislative Assembly and shall vacate his or her office
- if he ceases to be a Member of Parliament; or
- if he is appointed to be a Minister.
50. The Deputy Speaker
- The Legislative Assembly may elect a Member of Parliament, not being a Minister, to be Deputy Speaker.
- As an exception to clause (1), the Member nominated, by the party that wins majority of all the seats in the Legislative Assembly after a general election, is taken to have been duly elected by the Legislative Assembly pursuant to clause (1) and shall be endorsed by the Legislative Assembly as Deputy Speaker.
- For any vacancy in the office of Deputy Speaker, the Member nominated, by the party or parties in Government, is taken to have been duly elected under clause (1) and shall be endorsed by the Legislative Assembly as Deputy Speaker.
- The Deputy Speaker may at any time resign his or her office by writing under his or her hand addressed to the Clerk of the Legislative Assembly and shall vacate his or her office
- if he ceases to be a Member of Parliament; or
- if he is appointed to be a Minister; or
- if he is elected to be Speaker.
- Subject to the provisions of this Constitution, the functions conferred under the provisions of this Constitution upon the Speaker shall, if there is no person holding the office of Speaker or if the Speaker is absent from Samoa or is otherwise unable to perform those functions, be performed by the Deputy Speaker.
51. Clerk of the Legislative Assembly
There shall be a Clerk of the Legislative Assembly.
52. Meetings of the Legislative Assembly
The Legislative Assembly shall meet at such times and at such places as the Head of State appoints from time to time in that behalf by notice published in the Samoa Gazette and recorded in the Savali:
Provided that the assembly shall meet not later than forty-five days after the holding of a general election and at least once in every year thereafter, so that a period of twelve months shall not intervene between the last sitting of the Assembly in one session and the first sitting thereof in the next session.
53. Standing Orders
Subject to the provisions of this Constitution, the Legislative Assembly may make, amend and repeal standing orders regulating its procedure.
54. Languages
- All debates and discussions in the Legislative Assembly shall be conducted in the Samoan language and the English language.
- The Minutes and the debates of the Legislative Assembly, every bill introduced therein, every paper presented thereto, and all minutes of proceedings, minutes of evidence and reports of committees of the Assembly shall be in the Samoan language and the English language.
55. Presiding over Legislative Assembly
The Speaker, or in his or her 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
- Except as otherwise provided in this Constitution, every question before the Legislative Assembly shall be decided by a majority of the votes of the Members of Parliament present.
- The Speaker, or the Deputy Speaker or any other Member of Parliament while presiding over a sitting of the Legislative Assembly in the absence of the Speaker, shall not have a deliberative vote but, in the case of an equality of votes, shall have a casting vote.
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
- No bill shall become a law until the Head of State has given his or her assent thereto.
- Whenever a bill which has been passed by the Legislative Assembly is presented to the Head of State for his or her assent, he shall, acting on the advice of the Prime Minister, declare that he assents to the bill or that he refuses his or her assent to the bill.
- A law assented to by the Head of State as herein provided shall be known as an Act of Parliament and shall come into force either on the day on which it is assented to, or on any date (whether earlier or later than the date on which it is assented to) specified in that behalf in the Act.
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
- The Head of State may at any time, by notice published in the Samoa Gazette, prorogue the Legislative Assembly.
- If, at any time, the office of Prime Minister is vacant, the Head of State shall, by notice published in the Samoa Gazette, dissolve the Legislative Assembly as soon as he is satisfied, acting in his or her 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.
- The Head of State may at any time, by notice published in the Samoa Gazette, dissolve the Legislative Assembly, if he is advised by the Prime Minister to do so, but shall not be obliged to act in this respect in accordance with the advice of the Prime Minister unless he is satisfied, acting in his or her discretion, that, in tendering that advice, the Prime Minister commands the confidence of a majority of the Members of Parliament.
- The Head of State shall dissolve the Legislative Assembly at the expiry of five years from the date of the last preceding general election, if it has not been sooner dissolved.
64. General elections
There shall be a general election of the Legislative Assembly at such time within three months after every dissolution of the Assembly as the Head of State appoints by notice in the Samoa Gazette.
