Constitution Amendment Act  2015

Link to law: http://www.palemene.ws/new/wp-content/uploads/01.Acts/Acts%202015/Constitution-Amendment-Act-2015-Eng.pdf
Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
rangement of Provisions

1. Short title and commencement
2. Article 6 amended
3. Article 18 amended
4. Article 19 amended
5. Article 25 amended
6. Article 44 amended
7. Article 49 amended
8. Article 50 amended
9. New Part VIA inserted
10. Article 83 amended
11. First and Second Schedules
repealed
12. General amendments
13. Consequential amendments


__________

2015, No. 19

AN ACT to amend the Constitution. [03rd
June 2015]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:

1. Short title and commencement-(1) This Act may be cited
as the Constitution Amendment Act 2015.
(2) This Act commences on the date of assent by the Head of
State, subject to subsections (3) and (4).
(3) However, Article 44(1)(b) of the Constitution amended by
this Act comes into operation on the date appointed by the Head
of State under Article 63(4) of the Constitution to dissolve the
Legislative Assembly.

2 Constitution Amendment 2015, No. 19

(4) Despite subsection (3), nothing affects the carrying out of
any duties or powers under Electoral Act 1963 or any other
enactment in relation to the registration of voters under the urban
voters roll or any other matter necessary for the preparation of
urban constituencies in the next general elections for Members of
Parliament.

2. Article 6 amended - In Article 6(4), for “Deputy
Registrar”, substitute “Assistant Registrar”.

3. Article 18 amended - In Article 18 of the Constitution:
(a) for clause (1), substitute:

“18. Appointment of Head of State-(1) The Head of
State shall be appointed by the Legislative Assembly acting
on the recommendation of the party or parties in
Government.”; and

(b) in clause (2), for “elected”, substitute “appointed”; and
(c) in clause (3), for “election”, substitute “appointment”;
and
(d) after clause (3), insert:

“(4) Within 60 days before expiry of the term of
appointment of the Head of State or as soon as practicable
when there is a vacancy in the office of Head of State, the
party or parties in Government shall submit to the Speaker a
written Notice recommending the name of only one (1) person
to be appointed as Head of State.
(5) The Speaker shall, as soon as possible after receiving
the Notice:
(a) if the Legislative Assembly is sitting, lay the
Notice before the Legislative Assembly to
appoint the Head of State; or
(b) if the Legislative Assembly is not sitting, fix a date
for a sitting of the Legislative Assembly to
appoint the Head of State.


2015, No. 19 Constitution Amendment 3

(6) The Speaker shall issue and sign the warrant of
appointment of the Head of State.”.

4. Article 19 amended - In Article 19 of the Constitution:
(a) for “Articles 17 and 21”, substitute “Article 21”; and
(b) in clause (2), for “re-election”, substitute
“re-appointment”;
(c) for clause (3), substitute:

“(3) If a vacancy in the office of Head of State is caused
by the death, resignation or removal of the Head of State or by
the expiry of the term of office, Article 18 applies and the
person appointed as Head of State holds office for a term of
five (5) years from the date on which the person takes the oath
of office.”.

5. Article 25 amended - In Article 25(2) of the Constitution,
for “elected as Head of State”, substitute “appointed as Head of
State”.

6. Article 44 amended - In Article 44 of the Constitution:
(a) in clause (1), for sub-clause (b), substitute:

“(b) two (2) members respectively elected, under the
two (2) urban constituencies provided by Act,
by persons whose names appear on the urban
constituency roll;”; and

(b) repeal clause (2).

7. Article 49 amended - In Article 49 of the Constitution after
clause (1), insert:

“(1A) 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.

4 Constitution Amendment 2015, No. 19

(1B) 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.”.

8. Article 50 amended - In Article 50, after clause (1), insert:

“(1A) 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.
(1B) 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.”.

9. New Part VIA inserted - After Article 82 of the
Constitution, insert:

“PART VIA
OMBUDSMAN (KOMESINA O SULUFAIGA)

82A. Ombudsman-(1) There is to be an Ombudsman
(Komesina o Sulufaiga) appointed by the Head of State acting
on the recommendation of the Legislative Assembly.
(2) The Ombudsman is to be appointed pursuant to the
selection and appointment criteria and other terms and
conditions provided by Act.
(3)The Ombudsman:
(a) is to be appointed for six (6) years; and
(b) is eligible for re-appointment; and
(c) on expiry of the term, continues in office until re-
appointed or a successor assumes the function
of the office.


2015, No. 19 Constitution Amendment 5

(4) The salary, allowances and other benefits of the
Ombudsman:
(a) are to be determined by Act; and
(b) are to be charged on the Treasury Fund, without
further appropriation than this subclause; and
(c) are not to be reduced during the term of office of
the Ombudsman, unless as part of a general
reduction of salaries applied proportionately to
all persons whose salaries are determined by
Act.
(5) The Ombudsman may be removed from office
pursuant to the grounds and procedures provided by Act.

82B. Functions of Ombudsman - The functions of the
Ombudsman are:
(a) to carry out the functions relating to promotion of
good governance in public administration
provided by Act; and
(b) to carry out the functions relating to human rights
provided by Act; and
(c) to carry out any other functions provided by Act.”.

10. Article 83 amended - For Article 83(l) of the
Constitution, substitute:

“(l) sui o le nuu;”.

11. First and Second Schedules repealed - The First and
Second Schedules of the Constitution are repealed.

12. General amendments - In the Constitution:
(a) for “His” in paragraph 1 of the Preamble, substitute
“God’s”;
(b) for “his”, substitute “his or her”;
(c) for “him”, substitute “him or her”;
(d) for “himself”, substitute “himself or herself”;


6 Constitution Amendment 2015, No. 19

(e) any reference to “individual voters” (or its grammatical
variation) substitute “urban constituency” (or its
grammatical variation).

13. Consequential amendments-(1) Sections 7, 8(2) and 10
of the Ombudsman (Komesina o Sulufaiga) Act 2013 are
repealed.
(2) In any other enactment:
(a) for “Pulenu’u”, substitute “sui o le nuu”; and
(b) for any reference to “election” (including all other
grammatical variations) of the Head of State,
substitute “appointment” (including all other
grammatical variations).

__________
The Constitution Amendment Act 2015 is administered
by the Office of the Attorney General.