Constitution of the Independent
State of Samoa
27
the Secretary to the Head of State under the provisions of clause
(5) of Article 37.
(3) An instrument under the hand of the Secretary to Cabinet
certifying that a decision of Cabinet has taken effect shall be
conclusive evidence that that decision has taken effect.
39. Executive Council - (1) There shall be an Executive
Council of Samoa, which shall consist of:
(a) the Head of State;
(b) the Prime Minister and Ministers holding office under
the provisions of Articles 32 and 33.
(2) Subject to the provisions of this Constitution, the
Executive Council may regulate its procedure (including the
fixing of a quorum) in such manner as it thinks fit.
(3) The Secretary to Cabinet shall be Clerk of the Executive
Council.
40. Consideration of Cabinet decisions by Executive
Council - (1) The Head of State, acting in his or her discretion,
or the Prime Minister may summon a meeting of the Executive
Council to consider any decision recorded in the minutes of a
Cabinet meeting.
(2) If at a meeting of the Executive Council thus summoned
the Head of State supports the decision concerned, that decision
shall take effect as a decision of Cabinet.
(3) If at a meeting of the Executive Council thus summoned
the Head of State opposes the decision concerned or requests any
amendment thereto, Cabinet shall thereupon be summoned under
the provisions of Article 36 and requested to reconsider that
decision.
(4) If Cabinet after that reconsideration reaffirms its original
decision or accepts the amendment requested by the Head of
State, the original decision or the decision as so amended, as the
case may be, shall forthwith take effect as a decision of Cabinet.
(5) If Cabinet after that reconsideration adopts a decision
which incorporates an amendment to its original decision, other
than an amendment requested by the Head of State under the
provisions of clause (3), the decision as so amended shall operate
as a new decision of Cabinet to which the provisions of clauses
(5) and (6) of Article 37 shall apply.