| Parliament name (generic / translated) |
Fono / Legislative Assembly |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation
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| Start of the mandate |
· When the MPs take the oath (Art. 61 of the Constitution, S. 4 of the Third Schedule to the Constitution, SO 4 (2) and (3) of the Standing Orders of the Legislative Assembly Western Samoa). Procedure (SO 4 (1) of the Standing Orders of the Legislative Assembly Western Samoa).
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| Validation of mandates |
· Validation by the Supreme Court only in case of challenge by an election petition (Art. 47 of the Constitution)
· Procedure (Part X of the Electoral Act 1963, Election Petition Rules 1964)
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| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution (Art. 46 (1) of the Constitution in connection with Art. 63 of the Constitution)
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| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 46 (2) (b) of the Constitution)
· Procedure (Art. 46 (2) (b) of the Constitution): letter of resignation
· Authority competent to accept the resignation (Art. 46 (2) (b) of the Constitution): the Speaker
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| Can MPs lose their mandate ? |
Yes |
(a) Loss of mandate by judicial decision: disqualification (Art. 46 (2) (d) of the Constitution):
- Election petition (see Validation of mandates)
- Conviction for a crime punishable by death or imprisonment for a term of 2 years or more
(b) Death (Art. 46 (2) (a) of the Constitution)
(c) Loss of citizenship (Art. 46 (2) (c) of the Constitution)
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| STATUS OF MEMBERS |
| Rank in hierarchy |
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| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary
+ Additional allowance
· No exemption from tax
· Pension scheme in the process of being set up
· Other facilities:
(a) Secretariat, assistants for the Speaker
(b) Official car for the Speaker
(c) Postal and telephone services for the Speaker |
| Obligation to declare personal assets |
No |
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| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 3 of the Legislative Assembly Powers and Privileges Ordinance).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offence or insult (SO 61 (3) to (7), (9), (10), and (12) of the Standing Orders of the Legislative Assembly Western Samoa)/contempt of Parliament in cases of disobedience to rules or orders of the House (Art. 62 of the Constitution, SO 141 and 142 of the Standing Orders of the Legislative Assembly Western Samoa, Art. 21 to 23 of the Legislative Assembly Powers and Privileges Ordinance; for both, see Discipline)
· Non-accountability takes effect on the day when the mandate begins and offers . |
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 4 of the Legislative Assembly Powers and Privileges Ordinance).
· It applies only to criminal proceedings, covers all offences with the exception of offences punishable by death or imprisonment for two years or more, or a refusal to enter into a recognisance for keeping the peace, and protects MPs only from arrest.
· No derogations are foreseen.
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided only during the MP's attendance at the Legislative Assembly or a committee thereof and during a period not exceeding two days while going to and the like period while returning from any meeting of the Legislative Assembly or a committee thereof. It does not cover judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted :
- Competent authority: the court
- Procedure [see references,
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament. |
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by parliamentary officers.
· Handbooks of parliamentary procedure:
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| Participation in the work of the Parliament |
· It is not compulsory for MPs to be present at plenary sittings, committee meetings or other meetings.
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| Discipline |
· The rules governing discipline within Parliament are contained in Art. 62 of the Constitution, SO 60 to 61 and SO 139A to 139E, and 141 to 142 of the Standing Orders of the Legislative Assembly Western Samoa, Art. 21 to 23 of the Legislative Assembly Powers and Privileges Ordinance.
· Disciplinary measures foreseen:
- Call to order (SO 61 (1) of the Standing Orders of the Legislative Assembly Western Samoa)
- Direction to discontinue the speech (SO 61 (2) of the Standing Orders of the Legislative Assembly Western Samoa)
- Order to withdraw during the remainder of the day's sitting (SO 61 (3), (9), and (10) of the Standing Orders of the Legislative Assembly Western Samoa)
- Naming and suspension (SO 61 (3) to (7), (9), (10), and (12) of the Standing Orders of the Legislative Assembly Western Samoa)
- Adjournment of the Assembly, suspension of the sitting (SO 61 (11) of the Standing Orders of the Legislative Assembly Western Samoa)
- Other measures (SO 61 (8) of the Standing Orders of the Legislative Assembly Western Samoa)
· Specific cases:
- Offence or insult (SO 61 (3) to (7), (9), (10), and (12) of the Standing Orders of the Legislative Assembly Western Samoa): order to withdraw during the remainder of the day's sitting, naming and suspension
- Contempt of Parliament in cases of disobedience to rules or orders of the House (Art. 62 of the Constitution, SO 141 and 142 of the Standing Orders of the Legislative Assembly Western Samoa, Art. 21 to 23 of the Legislative Assembly Powers and Privileges Ordinance): reprimand, suspension (penal jurisdiction)
· Competent body to judge such cases/to impose penalties (SO 60 of the Standing Orders of the Legislative Assembly):
- Call to order: the Speaker or any other Member
- Direction to discontinue the speech, order to withdraw during the remainder of the day's sitting, naming, adjournment of the Assembly, suspension of the sitting: the Speaker
- Suspension, other measures: the Legislative Assembly
- Contempt of Parliament in cases of disobedience to rules or orders of the House: the Assembly after referral to the Privileges and Ethics Committee, the court after referral to the Prime Minister
· Procedure:
- Call to order (SO 61 (1) of the Standing Orders of the Legislative Assembly Western Samoa)
- Direction to discontinue the speech (SO 61 (2) of the Standing Orders of the Legislative Assembly Western Samoa)
- Order to withdraw during the remainder of the day's sitting (SO 61 (3), (9), and (10) of the Standing Orders of the Legislative Assembly Western Samoa)
- Naming and suspension (SO 61 (3) to (7), (9), (10), and (12) of the Standing Orders of the Legislative Assembly Western Samoa)
- Adjournment of the Assembly, suspension of the sitting (SO 61 (11) of the Standing Orders of the Legislative Assembly Western Samoa)
- Other measures (SO 61 (8) of the Standing Orders of the Legislative Assembly Western Samoa)
- Contempt of Parliament in cases of disobedience to rules or orders of the House (Art. 62 of the Constitution, Art. 21 (2) to (5) and 22 of the Legislative Assembly Powers and Privileges Ordinance; see also SO 139A to 139E of the Standing Orders of the Legislative Assembly Western Samoa)
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| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 62 of the Constitution, SO 142 of the Standing Orders of the Legislative Assembly Western Samoa, Art. 20 to 22 of the Legislative Assembly Powers and Privileges Ordinance).
· Penalties foreseen for violation of the rules of conduct (= contempt of Parliament in cases of misconduct of Members; Art. 21 (4) of the Legislative Assembly Powers and Privileges Ordinance): penal jurisdiction:
- Reprimand
- Suspension from the House
· Competent body to judge such cases/to impose penalties (Art. 21 (2) of the Legislative Assembly Powers and Privileges Ordinance): the Assembly after referral to the Privileges and Ethics Committee, the court after referral to the Prime Minister
· Procedure (Art. 62 of the Constitution, Art. 21 (2) to (5) and 22 of the Legislative Assembly Powers and Privileges Ordinance; see also SO 139A to 139E of the Standing Orders of the Legislative Assembly Western Samoa). In this case, MPs have no means of recourse.
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| Relations between MPs and pressure group |
· There is one legal provision in this field (Art. 20 of the Legislative Assembly Powers and Privileges Ordinance; see Code of conduct).
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