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.

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