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Constitution of the Independent
State of Samoa
there is no other woman candidate from any other constituency
to make up the required prescribed number.
(2) (repealed by the Constitution Amendment Act 2015, No.19).
(3) Subject to the provisions of this Constitution, the mode of
electing members of the Legislative Assembly, the terms and
conditions of their membership, the qualifications of voters, and
the manner in which the roll for each electoral constituency shall
be established and kept shall be prescribed by law.
(4) Members of the Legislative Assembly (including
additional Members) shall be known as Members of Parliament.
(5) In this Article, unless the context otherwise requires:
“Additional Member” means a woman who is a Member of
Parliament by virtue of clause (1B), (1D), or (1E) for the
purposes of clause (1A);
“Highest number of votes” means the percentage of the total
valid votes in a constituency polled by a woman
candidate;
“Prescribed number” means the minimum number of woman
Members of Parliament specified under clause (1A).
(Note: Amendments consolidated in Article 44(1A) to (1G) and (5)) commence
on polling day of the next general election (2016), as appointed by the Head of
State under Article 64 of the Constitution, pursuant to section 1(3) of the
Constitution Amendment Act 2013, No. 17).
45. Qualifications for membership - (1) A person shall be
qualified to be elected as a Member of Parliament who:
(a) is a citizen of Samoa; and
(b) is not disqualified under the provisions of this
Constitution or of any Act.
(2) If a person other than a person qualified under the
provisions of clause (1) is elected as a Member of Parliament, the
election of that person shall be void.
46. Tenure of office of members - (1) Every Member of
Parliament shall cease to be a Member at the next dissolution of
the Legislative Assembly after the Member has been elected or
previously thereto if his or her seat becomes vacant under the
provisions of clause (2).
(2) The seat of a Member of Parliament shall become vacant:
(a) upon his or her death; or