16 Constitution of the Independent State of Samoa (2) Except as expressly authorised under the provisions of this Constitution, no law and no executive or administrative action of the State shall, either expressly or in its practical application, subject any person or persons to any disability or restriction or confer on any person or persons any privilege or advantage on grounds only of descent, sex, language, religion, political or other opinion, social origin, place of birth, family status, or any of them. (3) Nothing in this Article shall: (a) prevent the prescription of qualifications for the service of Samoa or the service of a body corporate directly established under the law; or (b) prevent the making of any provision for the protection or advancement of women or children or of any socially or educationally retarded class of persons. (4) Nothing in this Article shall affect the operation of any existing law or the maintenance by the State of any executive or administrative practice being observed on Independence Day: PROVIDED THAT the State shall direct its policy towards the progressive removal of any disability or restriction which has been imposed on any of the grounds referred to in clause (2) and of any privilege or advantage which has been conferred on any of those grounds. PART III HEAD OF STATE 16. O le Ao o le Malo - There shall be a Head of State of Samoa to be known as O le Ao o le Malo. 17. Repealed by clause (5) (Article 17 ceased to be in force on the death of Malietoa Tanumafili II on the 11th day of May 2007 pursuant to clause (5)). 18. Election of Head of State - (1) The Head of State shall be appointed by the Legislative Assembly acting on the recommendation of the party or parties in Government. (2) A person shall not be qualified to be appointed to the office of Head of State: