Constitution of the Independent
State of Samoa
37
partly in the other, for a period of, or periods
amounting in the aggregate to, not less than 10
years for a person to work as a lawyer in order to
be eligible to be appointed as a Judge of the
Supreme Court.
(3) In computing, for the purposes of sub-clause (b) of clause
(2), the period or periods during which any person has been in
practice as a barrister, any period or periods during which the
person has held judicial office in a Court of superior or
subordinate jurisdiction in Samoa or an approved country shall
be included.
(4) For the purposes of clause (2) of this Article, the Head of
State, acting on the advice of the Judicial Service Commission,
may designate as an approved country any country which, in the
opinion of the Commission, has a legal system similar to that
existing in Samoa.
67. Tenure, suspension and removal of office- (1) Except
in the case of an appointment made under the provisions of clause
(2), a Judge of the Supreme Court shall hold office until the Judge
reaches the age of 68 years:
PROVIDED THAT the Head of State, acting (in the case of the
Chief Justice) on the advice of the Prime Minister or (in the case
of any other Judge of the Supreme Court) on the advice of the
Judicial Service Commission, may extend the period of office of
a Judge who has reached the age of 68 years.
(2) A person of any age who is not a citizen of Samoa and
who is qualified for appointment under the provisions of clause
(2)(d) of Article 73 may be appointed to hold office as a Judge of
the Supreme Court for a term of years.
(3) Nothing done by a Judge of the Supreme Court in the
performance of his or her functions shall be deemed to be invalid
by reason only that the Judge has reached the age at which he or
she is required by this Article to retire or that his or her term of
office has expired, as the case may be.
(4) The Chief Justice or a Judge of the Supreme Court may
resign from his or her office in writing addressed to the Head of
State.
(5) The Head of State, acting on the advice of the Prime
Minister may at any time when the Legislative Assembly is not
meeting suspend the Chief Justice from his or her office and such