Constitution of the Independent
State of Samoa
31
(b) if the Member resigns his or her seat by writing under
his or her hand addressed to the Speaker; or
(c) if the Member ceases to be a citizen of Samoa; or
(d) if the Member becomes disqualified under the
provisions of this Constitution or of any Act.
(3) Despite Articles 13 and 15, an Act may provide that the
seat of a Member of Parliament becomes vacant during his or her
term of office:
(a) where in certain circumstances the Member (i) resigns or withdraws from or changes his or her
political party;
(ii) joins a political party if he or she is not a
member of the political party;
(b) where the Member holds himself or herself out to be
a member or a representative of –
(i) a party or organisation that has political aims
and is desirous of taking part in an election
where such party or organisation is not
registered as a political party under an act;
or
(ii) a political party other than the political party
of which he or she is a member.
47. Decisions on questions as to membership - All
questions that may arise as to the right of any person to be or to
remain a Member of Parliament shall be referred to and
determined by the Supreme Court.
48. Filling vacancies - Whenever the seat of a Member of
Parliament becomes vacant under the provisions of clause (2) of
Article 46, the Speaker shall, by writing under his or her hand,
report that vacancy to the Head of State, and the vacancy shall be
filled by election in the manner provided by law.
49. Election of Speaker - (1) The Legislative Assembly
shall, immediately when it first meets after a general election and
as soon as possible after any vacancy occurs in the office of
Speaker otherwise than by reason of a dissolution of the
Assembly, elect a Member of Parliament to be Speaker of the
Legislative Assembly.