Constitution of the Independent
State of Samoa
19
Fund, and that salary shall not be diminished during the period of
office of the Head of State, unless as part of a general reduction
of salaries applied proportionately to all persons whose salaries
are determined by Act.
23. Absence or incapacity - (1) 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.
(2) Whenever the Chief Justice declares in writing that he or
she is satisfied by evidence, which shall include, where possible,
the evidence of the wife and of at least 2 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 the Chief Justice 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 Mea'ole and Malietoa Tanumafili II hold jointly
the office of Head of State, the following provisions shall apply:
(a) 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;
(b) 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;
(c) 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