Constitution of the Independent State of Samoa 17 (a) if the person is not a person qualified to be elected as a Member of Parliament; or (b) if the person does not possess such other qualifications as the Legislative Assembly may determine from time to time by resolution; or (c) if the person has previously been removed from the office of Head of State under the provisions of clause (2) of Article 21. (3) The validity of the appointment of the Head of State shall not be contested in any Court. (4) Within 60 days before expiry of the term of appointment of the Head of State or as soon as practicable when there is a vacancy in the office of Head of State, the party or parties in Government shall submit to the Speaker a written Notice recommending the name of only 1 person to be appointed as Head of State. (5) The Speaker shall, as soon as possible after receiving the Notice: (a) if the Legislative Assembly is sitting, lay the Notice before the Legislative Assembly to appoint the Head of State; or (b) if the Legislative Assembly is not sitting, fix a date for a sitting of the Legislative Assembly to appoint the Head of State. (6) The Speaker shall issue and sign the warrant of appointment of the Head of State. 19. Term of office of Head of State - (1) Subject to the provisions of Article 21, the Head of State shall hold office for a term of 5 years from the date on which he or she assumes the functions of his or her office: PROVIDED THAT, notwithstanding the expiry of his or her term, the Head of State shall continue to hold office until his or her successor assumes the functions of his or her office or for a period of 3 months, whichever is the shorter period. (2) Subject to the provisions of this Constitution, a person who holds, or who has held for 1 term, office as Head of State, is only eligible for re-appointment to that Office once. (2A) A person who has held the office as Head of State for 2 terms is not eligible to be re-appointed to that Office.