36 Constitution of the Independent State of Samoa has elapsed since that office was last vacated and that there is no Member of Parliament likely to command the confidence of a majority of the Members. (3) The Head of State may at any time, by notice published in the Samoa Gazette, dissolve the Legislative Assembly, if the Head of State is advised by the Prime Minister to do so, but shall not be obliged to act in this respect in accordance with the advice of the Prime Minister unless the Head of State is satisfied, acting in his or her discretion, that, in tendering that advice, the Prime Minister commands the confidence of a majority of the Members of Parliament. (4) The Head of State shall dissolve the Legislative Assembly at the expiry of 5 years from the date of the last preceding general election, if it has not been sooner dissolved. 64. General elections - There shall be a general election of the Legislative Assembly at such time within 3 months after every dissolution of the Assembly as the Head of State appoints by notice in the Samoa Gazette. PART VI JUDICIARY Division 1 - Supreme Court 65. Establishment of the Supreme Court – There shall be a Supreme Court of Samoa which, is a superior Court of record and shall consist of a Chief Justice, and such number of other Judges as may be determined by the Judicial Service Commission. 66. Constitution of the Supreme Court - (1) The Chief Justice of the Supreme Court shall be appointed by the Head of State, acting on the advice of the Prime Minister. (2) A person shall not be qualified for appointment as a Judge of the Supreme Court unless the person: (a) possesses such qualifications as the Head of State, acting on the advice of the Judicial Service Commission, may prescribe; and (b) has been in practice as a barrister in Samoa, or in an approved country, or partly in the one and