54
Constitution of the Independent
State of Samoa
99F. Removal from office of Controller and Auditor
General – (1) The Head of State may, acting on the advice of the
Prime Minister given pursuant to clause (3), remove the
Controller and Auditor General only in accordance with this
Article and only under any of the grounds set out under clause
(2).
(2) The Controller and Auditor General may only be
removed if he or she:
(a) has been convicted of an offence involving dishonesty
punishable by imprisonment for 12 months or
more, or of an offence under an Act involving
evasion of tax;
(b) has become bankrupt or commits an act of bankruptcy
under an Act regulating bankruptcy;
(c) has become, by reason of physical or mental disability,
incapable of performing the functions of the
office of Controller and Auditor General as
provided by this Part or by Act;
(d) has, without any lawful or reasonable justification,
failed to discharge any function of the Controller
and Auditor General under or by this Part or by
Act;
(e) has engaged in any conduct which places the
Controller and Auditor General in conflict with
the functions of the office of Controller and
Auditor General.
(3) Before advising the Head of State under clause (1), the
Prime Minister shall:
(a) consult the parliamentary committee responsible for
Officers of Parliament on the proposed removal of
the Controller and Auditor General; and
(b) lay before the Legislative Assembly a full statement
of the grounds for the removal of the Controller
and Auditor General for a resolution of the
Legislative Assembly to be passed by at least twothirds of the total number of Members of
Parliament (excluding any vacancy).
(4) The Controller and Auditor General is deemed to be
suspended from office from the date the Prime Minister consults
the parliamentary committee responsible for Officers of