Samoa’s Constitution of 1962 with Amendments through 2017

Judicial Independence

 
Article 9. Right to a fair trial 1. In the determination of his or her civil rights and obligations or of any charge against him or her for any offence, every person is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established under the law. Judgement shall be pronounced in public, but the public and representatives of news service may be excluded from all or part of the trial in the interests of morals, public order or national security, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
 

Judicial Council or Parallel Institution

 
Article 72. 1. There shall be a Judicial Service Commission, which shall consist of: a. the Chief Justice, as President: b. the Attorney-General or, if for any reason the Attorney-General is unable to act, the Chairman of the Public Service Commission: c. a person nominated from time to time by the Minister of Justice. 2. No business shall be transacted by the Judicial Service Commission unless three members are present, and all questions proposed for decision by the Commission shall be decided by a majority of the votes of those members. 3. The power of appointing, promoting and transferring any judicial officer, other than the Chief Justice, and of dismissing any judicial officer, other than a Judge of the Supreme Court, is hereby vested in the Head of State, acting on the advice of the Judicial Service Commission.
 

Attorney General’s Office

 
Article 41. 1. The Head of State, acting on the advice of the Prime Minister, shall appoint an Attorney-General, who shall be a person qualified to be a Judge of the Supreme Court. 2. The Attorney-General shall advise on legal matters referred to him by the Head of State, Cabinet, the Prime Minister or a Minister and shall have power, exercisable in his discretion, to institute, conduct or discontinue any proceedings for an offence alleged to have been committed. 3. The Attorney-General shall have a right of audience in, and shall take precedence over any other person appearing before, any court or tribunal. […]