Samoa 1962 Constitution (reviewed 2017)

PART VII. THE PUBLIC SERVICE

83. Interpretation

The “Public Service” means the service of 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:

1. Head of State; or
2. a member of the Council of Deputies; or
3. Prime Minister or a Minister; or
4. Speaker or Deputy Speaker; or
5. a Member of Parliament; or
6. a Judge of the Supreme Court or any other judicial officer; or
7. Attorney-General, and officers and employees of the Attorney-General, whose office shall be called the Office of the Attorney-General; or
8. Director of Public Prosecutions and other prosecutors and officers and employees of an office of prosecutions established by Act;
9. Controller and Auditor General, and other officers and employees of the Audit Office specified under Article 97; or
10. a member of the Public Service Commission who is not an employee of the Public Service at the time of his or her appointment to be a member of the Public Service Commission; or
11. an officer of police or an officer of prisons; or
12. a member of any uniformed branch of any defence force;
13. sui o le nuu;
14. the Clerk of the Legislative Assembly, and the other officers and employees of the Legislative Assembly.

84. Public Service Commission

1. There shall be a Public Service Commission of Samoa, which shall consist of not more than three 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
   1. if he is not or ceases to be a citizen of Samoa; or
   2. 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 three years but shall be eligible for reappointment.
2. A member of the Public Service Commission may at any time resign his or her office by writing under his or her 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 or her 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. The Public Service Commission shall
   1. be responsible for
      1. human resource planning; and
      2. human resource management policy; and
      3. human resource monitoring and evaluation, for the Public Service; and
   2. 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.

88. Procedure and Annual Report

1. Subject to the provisions of this Constitution and of any law, the Public Service Commission may
   1. regulate its procedure (including the fixing of a quorum) in such manner as it thinks fit; and
   2. 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:
   1. the Chief Justice or
      1. a judicial officer nominated by the Chief Justice; or
      2. a barrister or solicitor of the Supreme Court nominated by the Judicial Services Commission.
   2. one person appointed by, and holding office at the pleasure of, the Head of State, acting on the advice of the Prime Minister:
   3. 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 three 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
   1. prescribe the manner of election of the person to be elected under the provisions of subclause (c) of clause (1);
   2. 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);
   3. prescribe the jurisdiction of the Board of Appeal to hear and determine appeals from decisions about human resource management matters in the Public Service.