Constitution of the Independent
State of Samoa
29
(1A) Subject to this Article, women Members of the
Legislative Assembly shall:
(a) consist of a minimum of 10% of the Members of the
Legislative Assembly specified under clause (1)
which for the avoidance of doubt is presently 5;
and
(b) be elected pursuant to clause (1) or become additional
Members pursuant to clause (1B), (1D) or (1E).
(1B) If, following any general election:
(a) all members elected under clause (1) are men, the
prescribed number of women candidates (if any)
with the highest number of votes shall become
additional Members; or
(b) less than the prescribed number of women candidates
are elected under clause (1), the remaining
prescribed number of women candidates (if any)
with the highest number of votes shall become
additional Members for the purposes of clause
(1A).
(1C) Clause (1B) does not apply if the prescribed number of
women are all elected under clause (1).
(1D) If the seat of an additional Member becomes vacant, it
shall, despite Article 48, be filled by the woman candidate (if
any) who has the next highest number of votes at the last election
or general election.
(1E) Subject to Article 48, if a seat under clause (1) held by
a woman becomes vacant, to which a man is elected to fill that
vacant seat, the woman candidate (if any) with the highest
number of votes from that election or the last election or general
election shall become the additional Member.
(1F) If, in the selection of the required number of women
under clause (1B), (1D) or (1E), two (2) or more candidates have
equal number of votes, the additional Member shall be selected
by lot before the Electoral Commissioner with the presence of the
candidates or their authorised representatives and at least two (2)
police officers.
(1G) If a woman candidate becomes an additional Member
of a constituency (irrespective of a woman candidate being
elected to that constituency), no other woman candidate from the
same constituency shall become an additional Member unless