Constitution of the Independent
State of Samoa
25
acting in his or her discretion, if in his or her opinion it is
impracticable to obtain the advice of the Prime Minister by
reason of the illness or absence of the Prime Minister and, in any
other case, shall be exercised by the Head of State, acting on the
advice of the Prime Minister.
(6) The Head of State, acting on the advice of the Prime
Minister, may by instrument under the Public Seal:
(a) declare a Minister to be by reason of illness
temporarily incapable of performing his or her
functions as a Minister; or
(b) suspend a Minister during the period of any
investigation or inquiry into the conduct of that
Minister.
(7) Any Minister in respect of whom action has been taken
under the provisions of clause (6) shall not perform any of the
functions of his or her office or sit in or otherwise take part in the
proceedings of Cabinet until the Head of State, acting on the
advice of the Prime Minister, has revoked the aforesaid
instrument under the Public Seal.
34. Official oath - Every Minister shall, before assuming the
functions of his or her office, take and subscribe before the Head
of State an oath in the form set out in the Third Schedule.
35. Assignment of responsibilities to Ministers - (1) The
Prime Minister may, by direction in writing under his or her
hand:
(a) charge any Minister with the responsibility for any
department or subject; and
(b) revoke or vary any direction given under the
provisions of this clause.
(2) The Prime Minister may retain in his or her charge any
department or subject.
36. Summoning of Cabinet - Cabinet shall be summoned
only by the Prime Minister or, in his or her absence, by such
Minister as the Prime Minister shall appoint in that behalf.