| Parliament name (generic / translated) |
Fono / Legislative Assembly |
| Structure of parliament |
Unicameral |
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POLITICAL SYSTEM
|
| Type of political regime |
parliamentary |
| Notes |
Samoa's political system is modelled on the Westminster system of Government. |
| Head of the executive |
Head of State |
| Notes |
The executive power is vested in the Head of State (Article 31 of the Constitution). The cabinet of ministers has the general direction and control of the executive Government. Except as otherwise provided in the Constitution, the Head of State in the performance of his or her functions acts on the advice of cabinet, the Prime Minister or the appropriate minister, as the case may be (Article 26 of the Constitution).. |
| Method for appointing the executive |
Two of Samoa's paramount chiefs at the time of independence (1962), Malietoa Tanumafili II and Tupua Tamasese Meaole, were given lifetime appointments to hold jointly the office of Head of State. After their death, the Head of State will be elected by the legislative Assembly (Article 18 of the Constitution). The Head of State appoints as Prime Minister the Assembly member who commands the confidence of its majority. Acting on the advice of the Prime Minister, he or she also appoints not less than eight and not more than 12 parliamentarians to be ministers. If an appointment is to be made while the Assembly is dissolved, a person who was a parliamentarian immediately before the Assembly was last dissolved may be appointed. |
| Term of office of the executive and coincidence with the term of the legislature |
Paramount chief Malietoa Tanumafili II has held this post alone since the death of Tupua Tamasese Meaole in 1963. His eventual successor will be selected for a five-year term (Article 19 of the Constitution). The person who will hold the office as Head of State will be eligible for re-election. The five-year term of the Assembly will not necessarily coincide with the term of the Head of State. |
| Incompatibility of the functions of member of the executive and member of Parliament |
No |
Members of Government are selected from among parliamentarians, and their appointment is terminated if they cease to be an Assembly member. |
| Dissolution of Parliament |
Yes |
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The Assembly can be dissolved before the end of its term by the Head of State. |
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Dissolution can occur on the request of the Prime Minister, following the passing of a motion of no confidence or defeat on a question of confidence. The Assembly can also decide to dissolve itself. This is usually done two to three months before the expiry of the Assembly's term, to permit parliamentarians campaign time before elections. The dissolution procedure requires prior notification of the Speaker of the Assembly. Between 1991 and 2001, the Assembly was dissolved three months prior to the 1996 elections, and two months prior to the 2001 elections. |
|
ACCOUNTABILITY
|
| Accountability of Government to Parliament |
Yes |
The cabinet, which has the general direction and control of the executive Government, is collectively responsible to the parliament (Article 32 of the Constitution). |
| Modalities of oversight |
- Oral and written questions of parliamentarians
|
Government accountability to the parliament is brought into play by questions posed to ministers. Questions cannot give rise to a debate. |
- Government reports to Parliament
|
Government accountability to the parliament is brought into play by annual reports and votes thereon. |
| Measures |
- Vote of confidence on Government programs and/or legislative proposals
|
The appointment of the Prime Minister is terminated by the Head of State if the cabinet is defeated on any question or issue that the Prime Minister has declared to be a question or issue of confidence (Article 33 of the Constitution). |
| Motions of censure and votes of no confidence (sub-report) |
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The Legislative Assembly may pass a motion of no confidence in the cabinet (Article 33 of the Constitution). |
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After the passing of a motion of no confidence the Head of State may dissolve the Assembly instead of terminating the appointment of the Prime Minister. |
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The appointment of the Prime Minister is terminated by the Head of State if the Legislative Assembly passes a motion of no confidence. Between 1991 and 2001, one question of confidence was raised by Government and adopted by the Assembly. |
| Dismissal and/or impeachment of Government and other public officials (sub-report) |
- Circumstances and persons concerned
|
The Head of State may be removed from office by the Legislative Assembly (Article 21.2 of the Constitution). The appointment of the members of the cabinet may be terminated by the Head of State (Article 33 of the Constitution). |
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The mandate of the Prime Minister and other ministers can be terminated by the Head of State if they are absent from Samoa without the written permission of the Head of State. The Head of State may be removed from office by the Legislative Assembly on the grounds of misbehaviour or of infirmity of body or mind. No proposal for the removal from office is effective unless (i) notice of motion setting out the grounds for the proposed removal has been given in writing and signed by not less than one fourth of the total number of parliamentarians; (ii) a period of at least 14 days has elapsed between that notice and the debate on the motion; and (iii) the motion has been agreed to by not less than two thirds of the total number of parliamentarians.
Whenever the Chief Justice declares in writing that he is satisfied by evidence, which includes the evidence of the wife and of at least two physicians, that the Head of State is by reason of infirmity of body or mind incapable for the time being of performing his functions, or that he is satisfied by evidence that the Head of State is for some definite cause unavailable for the performance of those functions, then, until it is declared in like manner that the Head of State has so far recovered his health as to warrant his resumption of the functions of the office of Head of State or has become available for the performance thereof, as the case may be, those functions shall be performed by the Council of Deputies (Article 23 of the Constitution) |
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A resolution removing the Head of State from his office comes into effect from the date on which it was passed. |
- Have these procedures been applied?
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OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
|
| Oversight over the actions of the Government administration |
Yes |
The cabinet is collectively responsible to the parliament (Article 32 of the Constitution). |
| Means and modalities of oversight |
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The committee of the Assembly may upon a motion require any Government department to submit a report explaining any bill, motion, or other matter that may be under consideration, or to designate a representative to appear as a witness for the purpose of explaining such bill, motion, or other matter. |
- Committees of inquiry and missions to Government departments
|
The parliament exercises oversight over the actions of the administration through committees of inquiry. |
- Oral and written questions of parliamentarians
|
Questions may be put to ministers or other members relating to affairs within their official functions, or to bills, motions, or other public matters for which they are responsible. Notices of questions must be given by members in writing to the Clerk and specify whether an oral or written reply is desired. Notices of questions for oral answers must be given two days before the date on which the answer is required, those for written answers five days before that date. Any parliamentarian desiring to ask an urgent question in the public interest may give the Clerk and the minister concerned a copy of it at least one day before the answer is required. After questions for oral answers have been taken, the Speaker states each question's nature to the Assembly, whereupon the question may be put.
A reply to a question requiring a written answer is given by delivering it to the Clerk together with a copy to be supplied to the member who asked the question. The reply is furnished to the Clerk for delivery to the member not later than the fifth working day following the first appearance of the notice of question on the order paper. Both the question and reply are printed by the Clerk in the order paper and Hansard. The reply to any question must be concise and confined to the subject matter of the question asked, and may not contain unrelated statements and references, unless they are strictly necessary to answer the question. Every sitting day, 30 minutes are reserved for oral questions, while written questions are answered for an unlimited time on Thursday sittings only. Questions may not give rise to a debate in the plenary session. |
- Role of Parliament in the appointment of senior Government officials
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The parliament has an inquiry and advisory role through its special posts standing select committee. |
- Activity reports of the Government administration and of public services or establishments
|
All Government departments and confirmations are required by law to submit reports to the parliament. |
- Representation of Parliament in governing bodies of the Government administration
|
Not applicable |
| Existence of an ombudsman |
Yes |
|
- Method for appointing the executive
|
The Ombudsman is appointed by the parliament. |
- Relationship to Parliament
|
The main function of the Ombudsman is to investigate any decision or recommendation made, or any act done or omitted, relating to a matter of administration and affecting any person by any Government department or organisation, or any officer or employee. The Ombudsman reports annually to the parliament. |
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BUDGETARY OVERSIGHT
|
| Consultation of Parliament in the preparation of the national budget
|
No |
The estimates of expenditure are introduced into the Assembly by a message from the Head of State. |
| Modalities of oversight |
- Examination of the budget / finance act by Parliament
|
Each year, an appropriation bill containing the estimated financial requirements for expenditure on the revenue account for all Government services for the succeeding financial year is introduced into the Legislative Assembly. The details of these financial requirements are contained in the draft estimates of expenditure and the financial statement that is tabled by the minister of finance following the first reading of the bill. The parliament may reduce the budget but can only increase it through a message from the Head of State acting on the advice of the Prime Minister. When the debate is resumed it is confined to the financial and economic state and the Government's financial policy.
When the appropriation bill has been read a second time, the Assembly proceeds to consider it together with the draft estimates in detail and refers to the report of the public accounts committee during consideration. A maximum of 14 days are allotted for consideration of the appropriation bill and the draft estimates and the hours of sitting of any day or days shall be arranged by the business committee to complete the consideration by the required date. When the bill has passed consideration in detail, the minister of finance moves the third reading forthwith. No debate is permitted on the motion for the third reading. |
- Reports on the budget / finance act by Committees
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After the motion for the second reading has been made and seconded, the debate thereon is adjourned for not less than 14 days and the draft estimates of expenditure then stand referred to the public accounts committee for consideration and a report thereon. |
| Fields overseen |
|
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Not applicable |
- Budget of special departments
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The parliament exercises oversight over all public funds. |
- Role of Parliament in national development plans
|
The parliament only has an advisory role to play when development plans are tabled by Government. |
| Parliament's deadline for the examination and adoption of the budget / finance act |
The finance act must be passed before the end of the current financial year. |
| Consequences of failure by Parliament to adopt the budget / finance act |
One per cent of the total budget is at the free disposal of Government, from which it can draw for its work during a budgetary deadlock. |
| Budgetary autonomy of Parliament |
Yes |
The budget of the parliament is incorporated into the state budget through the minister for the Legislative Assembly. The latter's involvement with the department of the Legislative Assembly is limited to budget dealings. |
|
OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
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| Evaluation of Government spending |
| Parliament approves Government expenditures annually |
No |
Not applicable |
| Parliamentary oversight of public companies |
Yes |
Parliamentary standing select committees may be instructed to examine policies, administration and expenditure, and may consider annual reports and investigate matters on issues contained in such reports. |
| Modalities of oversight |
- Body for auditing the Government's books and method for appointing
|
Auditing is carried out by the office of the Controller and Chief Auditor, who is appointed by the Head of State, acting on the advice of the Prime Minister (Article 97 of the Constitution). He or she holds office for a term of three years and is eligible for reappointment. The Controller and Chief Auditor may not be a member of the Legislative Assembly and may not hold any office for profit or engage in any occupation for reward outside the duties of his or her office. He or she may be suspended and removed from office by the Head of State on the advice of the Prime Minister. |
- Reports of the public auditor's office
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The Controller and Chief Auditor audits the treasury fund, such other public funds or accounts as may be established, the accounts of all departments and offices of executive Government and the accounts of such other public, statutory or local authorities and bodies as may be provided for by law. He or she reports at least once annually to the Legislative Assembly on the performance of his or her functions and must in his or her report draw attention to any irregularities in the accounts audited. |
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Not applicable |
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OVERSIGHT OVER FOREIGN POLICY
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| Foreign Relations Committee (sub-report) |
- Functions of the Committee
|
The parliament exercises oversight over foreign policy through the foreign relations committee. |
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The committee has the duties to (i) consider any petition and any other matters on foreign relations including foreign affairs; world peace and international environment issues including inter-relationships in the Pacific; whether administered by Government department, Government corporation or any other body as may be referred by the Assembly; and to (ii) examine the policies, administration and expenditure of the departments and associated Government organisations related to foreign relations. |
- Composition of the Committee
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The committee consists of seven members. |
- Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
|
Not applicable |
- Plenary debates on foreign policy issues
|
Not applicable |
| Involvement of Parliament |
- Participation of Parliament in inter-governmental meetings
|
The parliament can take the initiative to send parliamentary delegations to intergovernmental meetings. |
- Modalities and procedures for ratifying international treaties and agreements (sub-report)
|
Not applicable |
- Other mechanisms for participation in foreign policy by Parliament
|
There are no other parliamentary oversight mechanisms in addition to the above. |
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OVERSIGHT OVER NATIONAL DEFENCE POLICY
|
| National Defence Committee (sub-report) |
- Functions of the Committee
|
Not applicable |
|
|
Not applicable |
- Composition of the Committee
|
Not applicable |
| Parliamentary oversight of public arms manufacturing companies |
Not applicable |
| Circumstances and involvement |
- Modalities and procedures in case of war, an armed attack or a state of emergency
|
Not applicable |
- Role of Parliament in sending troops abroad
|
Not applicable |
- Other mechanisms for participation in national defence policy by Parliament
|
There are no national defence policies in existence in Samoa. |
|
STATE OF EMERGENCY
|
| Circumstances |
If the Head of State is satisfied, acting in his discretion after consultation with cabinet, that a grave emergency exists whereby the security or economic life of the country or any part thereof is threatened, whether by war, external aggression, internal disturbance or natural catastrophe, he may by proclamation declare that a state of emergency exists (Article 105 of the Constitution). Such a proclamation remains in force for a period of 30 days, if not sooner revoked. If the Legislative Assembly is meeting at the time the proclamation is made, the latter must forthwith be laid before the Assembly. If the Assembly is not meeting at that time, the Head of State appoints a time for the Assembly to meet, and the proclamation must forthwith be laid before the Assembly. Not less than one half of the total number of parliamentarians may require a time for such a meeting by notice in writing to the Head of State.
When a proclamation of emergency has been made and so long as it remains in force, the Head of State may from time to time make such orders as appear to him to be necessary or expedient for securing the public safety, the defence and the efficient prosecution of war, for maintaining public order and the supplies and services essential to the life of the community, and generally for safeguarding the interests and maintaining the welfare of the community. Emergency orders may empower authorities to make regulations, rules or by-laws for any of the purposes for which orders are authorised, and may contain such incidental and supplementary provisions as appear to the Head of State to be necessary or expedient for making effective the powers conferred. No provision of any order, and no regulation, rule or by-law duly made under the provisions of any such order, may be invalid because it deals with any matter already provided for under any law or because of any inconsistency with any such law. |
| Can parliament take the initiative to declare a state of emergency |
No |
|
| Consequences of a state of emergency for Parliament |
If the Legislative Assembly is meeting at the time an emergency order is made, the order must forthwith be laid before the Assembly, and, if the Assembly is not then meeting, the order must be laid before it as soon as the next meeting thereof commences (Article 107 of the Constitution). When an order has been laid before the Assembly, a notice of motion, signed by six parliamentarians and made within 10 days, praying that the order be revoked, may be debated in the Assembly at the first convenient opportunity within four sitting days next after the day on which notice of motion was given and, if the Assembly resolves that the order be revoked, it ceases to be in force. All emergency orders made, if not sooner revoked, expire on the date on which the proclamation of emergency ceases to be in force or, where more than one such proclamation is made in respect of the emergency, when the last of those proclamations ceases to be in force. The revocation or expiry of an order may not affect the previous operation thereof, the validity of anything done or omitted to be done thereunder, or any offence committed or any penalty or punishment incurred. |
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VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
|
| Modalities of oversight |
- Body ruling on the constitutionality of laws
|
The courts |
The courts exercise the verification of the constitutionality of laws, especially the Supreme Court and the Court of Appeal. |
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The Supreme Court has such original, appellate and revision jurisdiction as may be provided for by law (Article 73 of the Constitution). Without prejudice to any appellate or revision jurisdiction of the Supreme Court, where in any proceedings before another court (except the Court of Appeal) a question arises as to the interpretation or effect of any provision of the Constitution, the Supreme Court may, on the application of any party to the proceedings, determine that question and either dispose of the case or remit it to that other court to be disposed of in accordance with the determination. The Head of State, acting on the advice of the Prime Minister, may refer to the Supreme Court for its opinion any question as to the interpretation or effect of any provision of the Constitution which has arisen or appears likely to arise, and the Court pronounces its opinion on any question so referred to it.
The Court of Appeal may be solicited on any decision of the Supreme Court in any proceeding, if the Supreme Court certifies that the case involves a substantial question of law as to the interpretation or effect of any provision of the Constitution (Article 80 of the Constitution). |
| Evaluation of laws |
No |
Not applicable |
| Measures |
|
Compare data for parliamentary chambers in the Oversight module
