Samoa is an island country in Oceania located on the shores of the Pacific Ocean. The population of this country is approx 2,05,000 with 2,831 square kilometers area. Ethnically 92% Samoan. Religiously 97% Christian. Official languages are English and Samoan.
If, after a judge or panel of judges has rendered a judgment, an appeal is filed against the judgment in that case, he or she shall not sit in the courtroom at the appeal hearing of that case.
This is a positive aspect. Now let's discuss the negative aspects.
Article 8 states that Samoan custom allows for compulsory labour if necessary. There is no mention of what Samoan culture is. Article 23 states that a wife can be a witness. Seriously?
Samoa became independent on 1 January 1962. Then Tupua Tamasese Meaole and Malietoa Tanumafili II — these two became Joint Heads of State together. This is one of the strangest facts in the history of the world. Then Tupua Tamasese Meaole died on 5 April 1963, just a few months after independence. As a result, Malietoa Tanumafili II served as Head of State alone until his death in 2007. After his death, Samoa started electing the Head of State through a new system according to their rules. However, Article 24 of the Constitution, which provides for the legality of two heads of state serving together, has not been removed to this day.
Fono is Samoa’s Parliament and 49 of the 51 members are matai title-holders — meaning, people who hold a chiefly title in Samoan tradition. Only matai can run for these seats. Among 2,05,000 people, there are over 25,000 matai. Constitution does not say it directly, but Article 45 says "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." This specific "or of any Act" is the villain here. The Electoral Act 1963 (and its later amendments) is the Act that says: only matai may be nominated to contest a seat. That's why you don't see "matai" directly mentioned in Article 45, but it is still true in practice, because the Electoral Act adds that rule. Here what Samoa Electoral Act says:
PART 3 : ELIGIBILITY FOR CANDIDACY
8. Qualification to run as a candidate in elections:
(1) A person is qualified to run as a candidate for elections if that person: (a) is a citizen of Samoa; and (b) is a registered voter of a constituency; and (c) is a holder of a registered matai title for the Constituency the person intends to represent;
Admirable Articles of Samoa's Constitution
The Supreme Law
● This Constitution shall be the supreme law of Samoa.
● Any existing law and any law passed after the date of coming into force of this Constitution which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.
5. Right to life
● No person shall be deprived of his or her life intentionally, except in the execution of a sentence of a court following his or her conviction of an offence for which this penalty is provided by Act.
● Deprivation of life shall not be regarded as having been inflicted in contravention of the provisions of this Article when it results from the use of force to such extent and in such circumstances as are prescribed by law and as are reasonably justifiable
● in defence of any person from violence; or
● in order to effect an arrest or to prevent the escape of a person detained, if the person who is being arrested or who is escaping is believed on reasonable grounds to be in possession of a firearm; or
● for the purpose of suppressing a riot, insurrection or mutiny.
7. Freedom from inhuman treatment
No person shall be subjected to torture or to inhuman or degrading treatment or punishment.
11. Freedom of religion
● Every person has the right to freedom of thought, conscience and religion; this right includes freedom to change his or her religion or belief, and freedom, either alone or in community with others, and, in public or private, to manifest and propagate his or her religion or belief in worship, teaching, practice and observance.
● Nothing in clause (1) shall affect the operation of any existing law or prevent the State from making any law in so far as that existing law or the law so made imposes reasonable restrictions on the exercise of the right conferred under the provisions of that clause in the interests of national security or of public order, health or morals, or for protecting the rights and freedom of others, including their rights and freedom to observe and practice their religion without the unsolicited interference of members of other religions.
77. Judges not to sit on appeals from own decisions
A Judge of the Court of Appeal shall not sit on the hearing of an appeal from any decision made by him or her or by a court on which he sat as a member.
Facts of Samoa's Constitution
Preamble (Part of it)
IN THE HOLY NAME OF GOD, THE ALMIGHTY, THE EVER LOVING
WHEREAS sovereignty over the Universe belongs to the Omni-present God alone, and the authority to be exercised by the people of Samoa within the limits prescribed by God's commandments is a sacred heritage;
WHEREAS the Leaders of Samoa have declared that Samoa should be an Independent State based on Christian principles and Samoan custom and tradition;
Now THEREFORE, we the people of Samoa in our Constitutional Convention, this twenty-eighth day of October 1960, do hereby adopt, enact, and give to ourselves this Constitution.
PART I. THE INDEPENDENT STATE OF SAMOA AND ITS SUPREME LAW
1. Name and description (Part of it)
● The Independent State of Samoa (hereinafter referred to as Samoa) shall be free and sovereign.
● Samoa is a Christian nation founded on God the Father, the Son and the Holy Spirit.
8. Freedom from forced labour
● No person shall be required to perform forced or compulsory labour.
● For the purposes of this Article, the term "forced or compulsory labour" shall not include
● any work required to be done in consequence of a sentence of a court; or
● any service of a military character or, in the case of conscientious objectors, service exacted instead of compulsory military service; or
● any service exacted in case of an emergency or calamity threatening the life or well-being of the community; or
● any work or service which is required by Samoan custom or which forms part of normal civic obligations.
23. Absence or incapacity
● While any vacancy exists in the office of Head of State or during the absence from Samoa of the Head of State, the Council of Deputies shall perform the functions of the office of Head of State.
● Whenever the Chief Justice declares in writing that he is satisfied by evidence, which shall include, where possible, the evidence of the wife and of at least two physicians, that the Head of State is by reason of infirmity of body or mind incapable for the time being of performing his or her functions as Head of State, or that he is satisfied by evidence that the Head of State is for some definite cause not available for the performance of those functions, then, until it is declared in like manner that the Head of State has so far recovered his or her health as to warrant his or her resumption of the functions of the office of Head of State or has become available for the performance thereof, as the case may be, those functions shall be performed by the Council of Deputies.
24. Special provisions as to absence or incapacity
While Tupua Tamasese Meaole and Malietoa Tanumafili II hold jointly the office of Head of State, the following provisions shall apply:
● during any period for which one joint holder of office is absent from Samoa or is incapable of, or not available for, the performance of his or her functions as Head of State, the other joint holder shall perform those functions.
● during any period for which neither of the joint holders is able to perform the functions of the office of Head of State, whether by reason of absence from Samoa, incapacity or unavailability, the Council of Deputies shall perform those functions.
● for the purposes of this Article, the Chief Justice shall determine, under the provisions of clause (2) of Article 23, the period during which a joint holder is incapable of, or not available for, the performance of his or her functions as Head of State.
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.
