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

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