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Constitution of the Independent
State of Samoa
suspension shall continue in force until the end of the next
ensuing session and no longer.
(6) The Chief Justice shall not be removed from office, except
by the Head of State on an address of the Legislative Assembly
carried by not less than two-thirds of the total number of
Members of Parliament (including vacancies), praying for his or
her removal from office on the grounds of ‘stated misbehaviour’
or infirmity of mind or physical or mental disability or as
prescribed by Act.
(7) Conditions for tenure, suspension and removal of a Judge
of the Supreme Court from office is provided for in Article 79.
68. Senior Judge of the Supreme Court - (1) The Head of
State acting on the advice of the Chief Justice, may appoint a
Judge of the Supreme Court as a Senior Judge of the Supreme
Court.
(2) Conditions for tenure, suspension and removal of a Senior
Judge of the Supreme Court from office is provided for in Article
79.
(3) While any vacancy exists in the office of the Chief Justice,
or during any absence from Samoa of the Chief Justice due to
illness or any other reason, the Head of State, acting on the advice
of the Prime Minister, may authorize the Senior Judge of the
Supreme Court, to act and perform the functions of the office of
Chief Justice, until the Chief Justice resumes his or her duties.
69. Acting Judge of the Supreme Court – (1) If the office
of any Judge of the Supreme Court (other than the Chief Justice)
is vacant or if any such Judge is unable to perform the functions
of his or her office, the Head of State, acting on the advice of the
Judicial Service Commission, may appoint a person qualified
under clause (2) of Article 66 to be temporarily a Judge of the
Supreme Court:
PROVIDED THAT a person may be so appointed
notwithstanding that the person has attained the age of 68 years.
(2) A person appointed under the provisions of clause (1) to
be temporarily a Judge of the Supreme Court shall hold office for
the period of his or her appointment or, if no such period is
specified, until his or her appointment is revoked by the Head of
State, acting on the advice of the Judicial Service Commission: