Constitution of the Independent
State of Samoa
69
exercised by, and any duties that may be required to be performed
by, the holder of that office.
(6) Where in this Constitution reference is made to any officer
by the term designating his or her office, that reference shall, unless
the context otherwise requires, be construed as a reference to the
officer for the time being lawfully performing the functions of that
office.
(7) Where this Constitution confers any power to make any
appointment to any office, the person or authority having power to
make the appointment shall, unless the context otherwise requires,
have power, exercisable in a like manner:
(a) to direct that a person other than the person appointed
shall, during any period that the person appointed
is unable to perform the functions of his or her
office owing to absence or inability to act from
illness or any other cause, perform the functions
of that office;
(b) to appoint another person substantively to an office
notwithstanding that there is a substantive holder
thereof, when that substantive holder is on leave
of absence pending relinquishment of his or her
office;
(c) to direct that a person shall perform the functions of
that office when no person has been appointed
thereto, either until a contrary direction shall be
given by the person or authority having power to
make the appointment or until a person shall have
been appointed substantively thereto, whichever
shall be the earlier.
112. Authoritative texts - The Samoan and English texts of
this Constitution are equally authoritative but, in case of difference,
the English text shall prevail.
113. Coming into force - This Constitution shall come into
force on the day approved by the General Assembly of the United
Nations as the date of the termination of the Trusteeship Agreement
for the Territory of Samoa approved by the General Assembly on
13 December 1946.
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