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Constitution of the Independent
State of Samoa
any provision of this Constitution, grant special
leave to appeal from that decision.
76. Powers of the Court of Appeal - On any appeal from the
Supreme Court, the Court of Appeal may:
(a)
affirm, reverse, or vary the judgment appealed
from; or
(b)
order a new trial; or
(c)
dismiss the appeal; or
(d)
make any such order with respect to the appeal as
the Court thinks fit; and
(e)
award such costs as it thinks fit.
77. Definition of “decision”- In Articles 74, 75 and 119,
“decision” includes judgment, decree, order, writ, declaration,
conviction, sentence, opinion or other determination.
Division 3 - Subordinate Courts
78. Subordinate Courts - There shall be such subordinate
Courts possessing such jurisdiction and powers as may be
provided by Act.
Division 4 - Judicial Service Commission
79. Judicial Service Commission - There shall be a Judicial
Service Commission consisting of:
(a)
Chief Justice, as Chairman;
(b)
Attorney General of the government;
(c)
a member of the public appointed by the Minister
for Justice;
(d)
Ombudsman;
(e)
a retired Judge of the Supreme Court appointed by
the Head of State, acting on the advice from
Cabinet and consultations with the Chief Justice;
and
(f)
the Registrar of the Supreme Court as the
secretary of the Commission who shall have no
voting rights.