24
Constitution of the Independent
State of Samoa
Minister has declared to be a question or issue of
confidence:
PROVIDED THAT, if after the passing of such a motion or after
that defeat the Prime Minister so requests, the Head of State may
dissolve the Legislative Assembly instead of terminating the
appointment of the Prime Minister; or
(c) if the Prime Minister resigns his or her office by
writing under his or her hand addressed to the
Head of State; or
(d) if the Prime Minister is absent from Samoa without
written permission given by the Head of State,
acting in his or her discretion.
(3) The office of any other Minister shall become vacant:
(a) if the appointment of the Prime Minister has been
terminated under the provisions of clause (1) or
clause (2); or
(b) if the appointment of the Minister to that office is
revoked by the Head of State, acting on the advice
of the Prime Minister, by instrument under the
Public Seal; or
(c) if the Minister ceases to be a Member of Parliament
for any reason other than a dissolution of the
Legislative Assembly; or
(d) if the Minister resigns his or her office by writing
under his or her hand addressed to the Head of
State; or
(e) if the Minister is absent from Samoa without written
permission given by the Head of State, acting on
the advice of the Prime Minister.
(4) Whenever, by reason of illness or of absence from Samoa
with the written permission of the Head of State, the Prime
Minister is temporarily prevented from performing, in Samoa,
the functions of his or her office, the Head of State may, by
instrument under the Public Seal, appoint the Deputy Prime
Minister to perform those functions, or another Minister where
this is not possible, until such time as the Prime Minister is
capable of again performing them or has vacated his or her
Office.
(5) The power conferred on the Head of State under the
provisions of clause (4) shall be exercised by the Head of State,