Constitution Amendment Act (No.2) 2015

Link to law: http://www.palemene.ws/new/wp-content/uploads/01.Acts/Acts%202015/Constitution-Amendment-Act-No.2-2015-Eng.pdf

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rangement of Provisions

1. Short title and commencement
2. Article 41 amended
3. Article 41A inserted
4. Article 83 amended
5. Transition and saving

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2015, No. 44

AN ACT to amend the Constitution. [05th
November 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 (No. 2) 2015.
(2) This Act commences on a date nominated by the Prime
Minister.

2. Article 41 amended - In Article 41 of the Constitution:
(a) for clause (2) omit “and shall have power, exercisable
in his discretion, to institute, conduct or
discontinue any proceedings for an offence alleged
to have been committed”;
(b) for clause (3) after “tribunal” add “on any proceedings
other than criminal proceedings”.


2 Constitution Amendment Act (No. 2) 2015, No. 44

3. Article 41A inserted - After Article 41 of the Constitution
insert:

“41A. Director of Public Prosecutions-(1) The Head of
State may, acting on the advice of the Prime Minister, appoint
a person for a term of six (6) years who is qualified to be
appointed as a judge of the Supreme Court as the Director of
Public Prosecutions (“Director”).
(2) The terms and conditions of appointment are to be
provided by Act.
(3) The Director:
(a) may -
(i) institute and conduct criminal
proceedings;
(ii) take over criminal proceedings that
have been instituted by another person or
authority;
(iii) discontinue, at any stage before
judgment is delivered, criminal proceedings
instituted or conducted by the Director or
another person or authority;
(b) is not subject to direction or control by any other
person or authority when the Director is
carrying out the powers under sub-clause (a);
and
(c) shall have a right of audience in, and shall take
precedence over any other person appearing
before, any Court or tribunal in relation to
criminal proceedings;
(d) has other functions, duties and powers conferred by
Act.
(4) The powers of the Director may be exercised by the
Director in person or by officers subordinate to the Director,
acting under and in accordance with the Director’s general or
special instructions.
(5) In this Article, “criminal proceedings” includes any
proceedings or matter before a Court for an offence alleged to
have been committed and includes any ancillary proceedings,
an appeal, case stated or question of law.”.

2015, No. 44 Constitution Amendment Act (No. 2) 3

4. Article 83 amended - For Article 83, after sub-clause (g)
insert:

“(ga) Director of Public Prosecutions and other
prosecutors and officers and employees of an
office of prosecutions established by Act;”.

5. Transition and saving-(1) Any criminal proceedings
instituted or conducted by or on behalf of the Attorney General
before the commencement of this Act continue as if they were
instituted or conducted by or on behalf of the Director of Public
Prosecutions pursuant to Article 41A.
(2) Any current instructions issued pursuant to Article 41(4) in
relation to criminal proceedings before the commencement of this
Act continue as if they were issued by or on behalf of the Director
of Public Prosecutions pursuant to Article 41A(4).

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The Constitution Amendment Act (No. 2) 2015
is administered by the Office of the Attorney General.