DOCSLIB.ORG

12 GEO V 1921 No 16 Samoa

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
12 GEO V 1921 No 16 Samoa 12 GEO. V.] Samoa. [1921, No. 16. 41 New Zealand. ANALYSIS. Title. 31. Regulations as to revenue and expenditure. Preamble. 32. Expenditure by Administrator. • I. Short Title and oommenoemeilt. 33. Loans to Samoan Treasury. 2. Application. 3. Interpretation. Public Health. 34. Chief Medical Officer of Samoa. 35. Assistant Medical Officers. PART L 36. QuaIifica tion of Medical Offioers. THE EXEOUTIVE GOVERNMENT 011' SAMOA. 37. Duties of Medical Officers. 4. Executive government vested in the Crown. 38. Hospitals and other institutions of public health. The AdminiBtrator. PriB01UJ and Police. 5. Administrator of Western Samoa. 39. Establishment of prisons. 6. Deputy Administrator of Western Samoa. 40. Detention, and removal from one prison to 7. Acting·Administrator. another. 8. Incapacity of Administrator. 41. Temporary confinement elsewhere than in prison. The Samoan Public Service. 42. Appointment of officers of polioe and prisons. 9. Samoan Public Service. 10. Delegation of power of appointment to Ad· Education. ministrator. 43. Establishment of public schools. 11. Regulations as to Samoan Public Service. 12. Payment from Samoan Treasury. The Seal oJ Samoa. 13. Appointment of acting officers by Adminis· 44. The Seal of Western Samoa. trator. Regulatiom. 14. Suspension of officers. 15. Appointment of New Zealand officers to 45. Governor-General may. by Order in Council. Samoan Public Service. make regulations for the peace, order, and 16. Status of officers belonging to both services. good government of Samoa. 17. New Zealand officers in Samoa to be deemed absent on leave. PART li. 18. Contributions to superannuation fund. 19. Transfer from New Zealand Service to THE LEGISLATIVE GOVERNMENT 011' SAMOA. Samoan Service. 46. Administrator may make Ordinances. 20. Pay of supernumerary officers, 47. Legislative Council of Western Samoa. 21. Appointment of supernumerary officers to 48. Membership of Legislative Council New Zealand Service. 49. Meetings of Legislative Council. 22. Contributions of supernumerary officers to 50. Administrator to preside at meetings of Buperannuation fund. Council. 23. Computation of length of service in Samoa. 51. Quorum. 24. Public Service Act, 1912, not applicable. 52. Rules of prooedure. 25. Superannuation Acts not applicable. 53. Clerk of Legislative Council. 26. Appointments in anticipation of vacancies. 54. Assent of Administrator. 55. Commenoement of Ordinanoes so assented to. The Samoan Tr6fUJury. 56. Transmission to Minister of Ordinances so 27. Moneys forming part of Samoan revenue. assented to. 28. Samoan Treasury. 57. Disallowanoe of Ordinanoes. 29. Treasurer of Samoa. 58. Language of Ordinanoes. 30. Expenditure of Samoa. 59. Publication in Western Samoa Gazetu • • 42 1921, No. 16.] Samoa. [12 GEO. V. 60. Partial validity of Ordinances. 103. Homicide. 61. Scope of Ordinances. 104. Homicide, culpable and not culpable. 62. Limitation of powers of Legislative or Execu· 105. Murder. tive Government of Samoa. 106. Further provisions as to murder. 107. Manslaughter. 108. Penalty for murder. PART Ill. 109. Penalty for manslaughter. THE HIGH COURT OF WESTERN SAMOA. llO. Omissions dangerous to life. 111. Omission to supply the necessaries of life. 63. High Court established. 112. Liability of persons having charge of dan- 64. Judges and Commissioners of the High Court. gerous things. 65. Powers of Judges. 113. Hastenjng death. 66. Commissioners of the High Court. 114. Indireot oause of death: 67. Appointment and jurisdiction of Native n5. Attempted murder. Judges. ll6. Conspiraoy and inciting to murder. 68. Registrar of the High Court. 117. Attempted suicide. 69. Deputy Registrars. ll8. Counselling suicide. 70. Administrative officers. 119. ConcealPlCnt of birth. 71. Seal of the High Court. 120. Grievous bodily harm. 72. Recordi of the High Court. 121. Actual bodily harm. 73. Jurisdiction of the High Court. 122. Ac~ or omissions causing bodily harm under 74. Rules and procedure of Court. CIrcumstances that if death had been 75. Memorials and execution of judgments. caused would have made person causing 76. Contempt of Court defined. harm guilty of manslaughter. 77. Punishment of contempt. 123. Indecent assault. 78. Jurisdiction of Court in offences of contempt. 124. Assault. 79. Discharge of persons in contempt. 125. Rape. 126. Carnal knowledge of girl under twelve years PART IV. of age. 127. Carnal knowledge of idiots or lunatics. THE SUPREME COURT OF NEW ZEALAND. 128. Adultery by married persons. Jurisdiction of the Supreme Gourt in Samoa. 129. Adultery with married woman. 130. 80. Civil jurisdiction of Supreme Court extends Procuring miscarriage of woman or girl. to Samoa. 131. Act .of w~man or girl proouring her own 81. Criminal jurisdiction of Supreme Court in rmscarnage. respect of Samoa. 132. Supplying means of miscarriage. 133. Bigamy. Gases stated by the High Gourt. 134. Buggery. 82. ffigh Court may state a case for the Supreme 135. Attempted buggery and indecent assault<l on Court. males. 136. Incest. Appeals .from the High Gourt. 137. Indecent acts. 83. Jurisdiction of Supreme Court on appeal 138. Indecent documents. from the High Court. 139. Brothels. 84. Order granting leave to appeal. 140. Gaming-houses. 85. Transmission of record. 141. Gaming. 86. Dismissal of appeal for non·prosecution. 142. Stealing children. 87. Procedure on appeal. 143. Riot. 88. Special leave to appeal may be granted by 144. Forcible entry. the Supreme Court. 145. Aflrays. 89. Powers of Supreme Court on appeal. 146. Official corruption. 90. Evidence on appeal 147. Perjury. 91. Stay of execution. 148. Fabricating evidence. 92. Release of appellant from oustody. 149. Conspiraoy to pervert justice. 93. Appeal not to be allowed for irregularities in 150. Breaking prison. procedure. 151. Esoape. 94. Right of audience on appeal. 152. Rescue. 95. Transmission of order of Supreme Court on 153. Defamatory libel. • appeal. 154. Threate~g, abusive, or insulting words 01' 96. No appeal to the Court of Appeal. behaVIOur towards or in respect of officials. 97. Certiorari, mandamus, and prohibition taken 155. Punishment of theft. 156. Definition of theft. away. 157. Ineffectual defences to charge of theft. Enforcement in Samoa oJ Judgments of New 158. Extended definition of theft. Zealand Gourts. - 159. Obtaining money or goods by false pretences 98. Judgments of Supreme Court or Magistrate's to be deemed theft. Court in New Zealand may be enforced by 160. Stealing documents. 161. Receiving stolen property. the High Court. 99. Enforcement of judgments of Supreme Court 162. Robbery. by High Court by way of proceedings fol' 163. Breach of trust. oontempt. 164. Menaces. 165. Witohcraft. FART V. 166. Obtaining credit by fraud. 167. Aocusation of oriminal offences. CRIMINAL OFFENOES. 168. Conspiracy to defraud. 100. Treason. 169. Obtaining execution of valuable securities 101. Inoiting to mutiny. by fraud. 02. Seditious offences. 170. Burglary• • 12 GEO. V.] Samoa. [1921, No. 16. 43 171. Unlawful entry on dwellinghouse by night. 236. Withdrawal of information. 172. Intimidation by breaking house or ,discharge 237. Drawing-up of conviction. of firearms. 238. Defects of information, summons, or warrant. 173. Threats to kill or do bodily harm. 239. Payment of witnesses. 174. Being armed with intent to.commit a crime. 240. Conviction without sentence. 175. Having in possession instruments of house­ 241. Bail. breaking, or being disguised with intent 242. Stay of proceedings by Attorney-General. to commit a crims. 243. Search-warrants. 176. Forgery. 244. Pardon and remission of sentence. 177. Extended definition of forgery. 245. New trial. 178. Making counterfeit coin. 246. Restitution of property. 179. Lightening coin. 180. Uttering counterfeit coin. 181. Arson. PART VII. 182. Wilful mischief to property. LAW OF EVIDENOE. 183. Provoking breach of the peace. 184. Disorderly conduct in public places. 247. Definitions. 185. Furious driving. 248. Discretionary power of admitting evidenoe. 186. Cattle trespass. 249. All witnesses competent. 187. Obstructing public place. 250. Evidence of parties and their hushands and 188. Drunkenness. wives. 189. Prostitution. 251. Evidence of accused persons and their 190. Laying poison. husbands and wives. 191. Polluting water. 252. Cross-examination as to oredit. 192. Sale of unwholesome provisions. 253. Crimiuating questions. 193. Insanitary premises. 254. Evidence of prisoners. 194. Wilful trespass. 255. Judicial notice of Aots, &0. 195. Cruelty to animals. 256. Judicial notice of certain seals and signa­ 196. Falsely trading as an incorporated company. tures. 197. CoW!piracy. 257 Power to administer oaths or to take affirma- 198. Attempts. tions. 199. Inciting. 258. Form of oath. 200. Parties to offences. 259. Form of oath. 201. Common criminal purpose. 260. Absence of religious belief. 202. Counselling or procuring. 261. Affirmation in lieu of oath. 203. Common-law defences. 262. Evidence of children without oath. 204. Common-law offences. 263. Necessity of oath. 205. Sentence of death. 206. Maximum fines and terms of imprisonment. PART VIII. 207. Enforcement of fines. 208. Imprisonment in Samoa. CROWN SUITS. 209. Imprisonment and hard labour. 264. Prosecution of claims against HIS Majesty. 210. Transfer of prisoners to New Zealand. 265. Autho,ity of Attorney-General and Solicitor­ 211. Exile. General. 212. Cumulative sentences. 266. Prosecution of claims by His Majesty. 267. Warrant to sue in name and on behalf of PART VI. His Majesty. CRIMINAL PROOEDURE. PART IX. 213. Jurisdiction of High
Load more

Recommended publications
  • Conflicting Power Paradigms in Samoa's
    Copyright is owned by the Author of the thesis. Permission is given for a copy to be downloaded by an individual for the purpose of research and private study only. The thesis may not be reproduced elsewhere without the permission of the Author. CONFLICTING POWER PARADIGMS IN SAMOA’S “TRADITIONAL DEMOCRACY” FROM TENSION TO A PROCESS OF HARMONISATION? A thesis presented in partial fulfilment of the Requirements for the degree of Doctor of Philosophy in Political Science at Massey University, Albany, New Zealand Christina La’alaai-Tausa 2020 COPYRIGHT Copyright is owned by the Author of the thesis. Permission is given for a copy to be downloaded by an individual for the purpose of research and private study only. The thesis may not be reproduced elsewhere without the permission of the Author. 2 ABSTRACT This research argues that the tension evident between western democracy and Samoa’s traditional leadership of Fa’amatai has led to a power struggle due to the inability of the government to offer thorough civic education through dialectical exchange, proper consultation, discussion and information sharing with village council leaders and their members. It also argues that Fa’amatai are being disadvantaged as the government and the democratic system is able to manipulate cultural practices and protocols to suit their political needs, whereas village councils are not recognized or acknowledged by the democratic system (particularly the courts), despite cultural guidelines and village laws providing stability for communities and the country. In addition, it claims that, despite western academics’ arguments that Samoa’s traditional system is a barrier to a fully-fledged democracy, Samoa’s Fa’amatai in theory and practice in fact proves to be more democratic than the democratic status quo.
    [Show full text]
  • Fetuunai Muniao Lipoti O Suesuega Galuega Faatino 1
    FETUUNAI MUNIAO LIPOTI O SUESUEGA GALUEGA FAATINO 1 “Suesue ma Iloilo tulafono a Samoa; ia atagia tu ma aganuu a Samoa i totonu o le Tulafono Faavae, i totonu o aiaiga o le Tulafono Faavae.” 1 © Samoa Law Reform Commission Table of Contents BACKGROUND ........................................................................................................................... 3 1. PART 1: INTRODUCTION .................................................................................................. 4 A. Government .......................................................................................................... 4 B. Parliament XVIth Symposium ......................................................................... 5 C. Other Materials Relied Upon .......................................................................... 6 2. PART 2: CURRENT STATUS OF CUSTOM IN SAMOA’S LAWS ............................. 7 A. Custom in the Constitution ............................................................................. 7 B. Custom in the Current Acts of Parliament of Samoa ............................ 8 3. PART 3: CUSTOM IN THE COURT JUDGMENTS OF SAMOA ............................. 12 A. Courts Jurisdiction on Customary Matters ............................................ 12 B. Guidelines for Judicial Procedures............................................................ 13 4. PART 4: CUSTOM IN PACIFIC ISLANDS CONSTITUTIONS and LAW REFORM LEGISLATION .................................................................................................
    [Show full text]
  • Samoa's Constitution of 1962 with Amendments Through 2013
    PDF generated: 26 Aug 2021, 16:46 constituteproject.org Samoa's Constitution of 1962 with Amendments through 2013 This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:46 Table of contents Preamble . 6 PART I: THE INDEPENDENT STATE OF SAMOA AND ITS SUPREME LAW . 6 1. Name and description . 6 2. The Supreme Law . 6 PART II: FUNDAMENTAL RIGHTS . 7 3. Definition of the State . 7 4. Remedies for enforcement of rights . 7 5. Right to life . 7 6. Right to personal liberty . 7 7. Freedom from inhuman treatment . 8 8. Freedom from forced labour . 8 9. Right to a fair trial . 8 10. Rights concerning criminal law . 9 11. Freedom of religion . 10 12. Rights concerning religious instruction . 10 13. Rights regarding freedom of speech, assembly, association, movement and residence . 10 14. Rights regarding property . 11 15. Freedom from discriminatory legislation . 12 PART III: THE HEAD OF STATE . 13 16. O le Ao o le Malo . 13 17. Repealed by clause (5) . 13 18. Election of Head of State . 13 19. Term of office of Head of State . 13 20. Disabilities of Head of State . 14 21. Resignation and removal from office . 14 22. Salary of Head of State . 15 23. Absence or incapacity . 15 24. Special provisions as to absence or incapacity . 15 25. Council of Deputies . 15 26. Head of State to act on advice . 17 27. Information for Head of State . 17 28. Oath of office .
    [Show full text]
  • Constitution of the Independent State of Samoa
    1 CONSTITUTION OF THE INDEPENDENT STATE OF SAMOA SAMOA Arrangement of Provisions PART I INDEPENDENT STATE OF SAMOA AND ITS SUPREME LAW 1. Name and description 2. The Supreme law PART II FUNDAMENTAL RIGHTS 3. Definition of the State 4. Remedies for enforcement of rights 5. Right to life 6. Right to personal liberty 7. Freedom from inhuman treatment 8. Freedom from forced labour 9. Right to a fair trial 10. Rights concerning criminal law 2 11. Freedom of religion 12. Rights concerning religious instruction 13. Rights regarding freedom of speech, assembly, association, movement and residence 14. Rights regarding property 15. Freedom from discriminatory legislation PART III HEAD OF STATE 16. O le Ao o le Malö 17. Repealed 18. Appointment of Head of State 19. Term of office of Head of State 20. Disabilities of Head of State 21. Resignation and removal from office 22. Salary of Head of State 23. Absence or incapacity 24. Special provisions as to absence or incapacity 25. Council of Deputies 26. Head of State to act on advice 27. Information for Head of State 28. Oath of office 29. Public Seal 30. Secretary to Head of State PART IV EXECUTIVE 31. Executive power 32. Cabinet 33. Vacation of office 34. Official oath 35. Assignment of responsibilities to Ministers 3 36. Summoning of Cabinet 37. Cabinet procedure 38. When decisions of Cabinet are to take effect 39. Executive Council 40. Consideration of Cabinet decisions by Executive Council 41. Attorney-General 41A. Director of Public Prosecutions PART V PARLIAMENT 42. Parliament 43. Power to make laws 44.
    [Show full text]
  • Persecution of Religious Minorities in Samoa: the Bahá’Ís Struggle to Face a Common Problem Zoe Bryan SIT Study Abroad
    SIT Graduate Institute/SIT Study Abroad SIT Digital Collections Independent Study Project (ISP) Collection SIT Study Abroad Fall 2010 Persecution of Religious Minorities in Samoa: The Bahá’ís Struggle to Face a Common Problem Zoe Bryan SIT Study Abroad Follow this and additional works at: https://digitalcollections.sit.edu/isp_collection Part of the Inequality and Stratification Commons, and the Religion Commons Recommended Citation Bryan, Zoe, "Persecution of Religious Minorities in Samoa: The ahB á’ís Struggle to Face a Common Problem" (2010). Independent Study Project (ISP) Collection. 924. https://digitalcollections.sit.edu/isp_collection/924 This Unpublished Paper is brought to you for free and open access by the SIT Study Abroad at SIT Digital Collections. It has been accepted for inclusion in Independent Study Project (ISP) Collection by an authorized administrator of SIT Digital Collections. For more information, please contact [email protected]. Persecution of Religious Minorities in Samoa: The Bahá’ís Struggle to Face a Common Problem Zoe Bryan Karen Te‟o- Advisor Jackie Faasisila- Academic Director S.I.T. Samoa, Fall 2010 1 Abstract The aim of this research is to determine the prevalence of religious persecution and examine how minority religions, particularly within the Bahá‟í Faith, have experienced it in Samoa. Case studies from the Bahá‟í and research looking at prominent stories of persecution will demonstrate the overarching problem that a lack of religious freedom presents in Samoa for minority religions. Understanding Samoans‟ perceptions of religious persecution will be gleaned from the survey portion of the research. Finally, the paper will yield some ideas for improvement in looking at the future of the Bahá‟í Faith and religious freedom in Samoa.
    [Show full text]
  • The Influence of Religion and Culture on Planning and Decision-Making Processes in Samoa
    The Influence of Religion and Culture on Planning and Decision-making Processes in Samoa Ekrina Melenuutausi Iose A thesis submitted in partial fulfilment for the degree of Master of Planning at the University of Otago, Dunedin, New Zealand November 2nd 2018 i ABSTRACT Culture and religion form the foundation for all political, economic and social organisations in the Pacific Island nation of Samoa, and are inextricably linked (So’o, 2008). They are two of the most fundamental aspects present in the everyday lives of Samoan people. Both aspects dictate the day to day routines and practices of Samoa’s people whether it is in the home, workplace, or social setting. The importance of religion is reflected in the national emblem which states ‘E faavae I le Atua Samoa’ which translates to ‘Samoa is founded in God’. Culture is also important and this is highlighted in the way Samoan people are determined not to abandon their customs and traditions and so, instead of evolving into a government based completely on western democracy, the two world views were combined. It was a case of western democracy meets Samoan customs and traditions, and this is how Samoa has been governed ever since. The overall aim of this study was to establish the extent to which religion and culture influence planning and decision-making processes in Samoa. To answer this aim, four key questions were established. These questions looked at the significance of religion in Samoa, the nature of the relationship between religion and government, the influence religion has on planning and decision-making processes, and lastly, the hierarchy of importance in government of religion and culture.
    [Show full text]
  • GOVERNMENT of SAMOA and UNICEF 2006 Samoa
    SAMOA GOVERNMENT OF SAMOA AND UNICEF 2006 Samoa. A Situation Analysis of Children, Women and Youth. UNICEF Pacific Ofiice, Fiji. 2006 Copies of this publication are available from United Nations Childrenís Fund 3rd & 5th Floors, FDB Building 360 Victoria Parade, Suva, Fiji Email:[email protected] www.unicef.org Prepared by: Dr Chris McMurray This situation analysis was prepared for UNICEF Pacific by Dr Chris McMurray in collaboration with Key counterparts in Samoa. The views expressed are those of the author and donot necessarilly reflect the polices or views of UNICEF and of the Government. Any part of this publication may be reproduced without prior authorization from UNICEF but accreditation of the source would be appreciated. Table of Contents Acknowledgments List of Acronyms List of Table List of Figures The Situational Analysis 1.0 An Overview of Samoa 1.1 Samoa: a developing Pacific island country 1.2 A high level of political stability 1.3 Samoa as part of the Global Community 2.0 The Social economic and cultural context of children's, youth and women's lives in Samoan society 2.1 The place of children 2.2 The place of youth (young people) 2.3 The place of women 3.0 Patterns of Change 3.1 Social and cultural change 3.2 The provision of social welfare services for children, youth and women 3.3 The role of the media and information technology in social change 3.4 Population change 3.5 Economic change 3.6 Change in health patterns 4.0 The Issues 4.1 Issues for Children Children in the Population Definition of a child Children's survival
    [Show full text]
  • Iati Iati-Civil Society in Samoa.Pdf (763.9Kb)
    Pacific Dynamics: Volume 1 Number 1 July 2017 Journal of Interdisciplinary Research http://pacificdynamics.nz Civil Society and Political Accountability Creative Commons Attribution 4.0 In Samoa ISSN: 2463-641X Iati Iati University of Otago Introduction The year 1994 was a particularly interesting one in Samoan politics. Samoan politics is never short on controversy: corruption, allegations of corruption, inefficient government spending, and the odd challenge to a fistfight between MPs are not uncommon. However, 1994 seemed an even more special year in so far as these kinds of activities are concerned. It was the year that the Samoan Auditor General1 tabled a report in parliament that documented widespread corruption in the public sector. It implicated members of the government who were as highly ranked as Cabinet ministers. It was also the year that a nation-wide protest, led by a traditional group known as Tumua and Pule, was launched against the government. The protest had as two of its objectives the official recognition of the Auditor General’s report, and for the government to hold those indicted by the report accountable. This paper looks at these events in the context of an important topic in Samoan politics in particular and Pacific politics in general, governance. In particular, it focuses on the relationship between civil society and political accountability, something that is emerging as an important but largely unknown factor in governance issues in Samoa and the Pacific. Over the past two decades, multilateral development organizations, aid donors, and regional organizations have espoused the so-called good governance agenda, particularly within developing countries.
    [Show full text]
  • General Assembly Distr.: General 14 February 2011
    United Nations A/HRC/WG.6/11/WSM/1 General Assembly Distr.: General 14 February 2011 Original: English Human Rights Council Working Group on the Universal Periodic Review Eleventh session Geneva, 2–13 May 2011 National report submitted in accordance with paragraph 15 (a) of the annex to Human Rights Council resolution 5/1 Samoa* * The present document has been reproduced as received. Its content does not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations. GE.11-10674 A/HRC/WG.6/11/WSM/1 I. Introduction1 1. The term ‘human rights’ is unfamiliar or new to many Samoans. However, the practice of respect for human rights and entitlement of every Samoan to basic human rights has and continues to be a feature of Samoa’s culture. Samoan culture (fa’asamoa) promotes and protects human rights by providing the foundation of a peaceful and cohesive society. Despite the changes associated with modernization that have had an impact on Samoa, the fa’asamoa continues to connect its people to the values of respect for one another and the principles of reciprocity, whereby great store is given to the well being of the individual, the family and the community. 2. Samoa became an independent state in January 1962 from New Zealand; which had administered Samoa initially as a League of Nations Mandate and then as a United Nations trusteeship. Samoa was the first Pacific Island country to gain independence. The Government of the then newly independent Samoa assumed responsibility for economic and social development as well as the fundamental rights of all its citizens.
    [Show full text]
  • Samoa Policy and Legislative Review Report
    Review of Policy and Legislation Relating to the Use and Management of Mangrove Ecosystems in Samoa MANGROVE ECOSYSTEMS FOR CLIMATE CHANGE ADAPTATION AND LIVELIHOOD TABLE OF CONTENTS LIST OF LEGISLATION ............................................................................................................................... 1 ACRONYMS AND ABBREVIATIONS .......................................................................................................... 2 Executive Summary ................................................................................................................................. 3 PART 1: INTRODUCTION ......................................................................................................................... 5 1.1 Background of the Review ....................................................................................................................... 5 1.2 Purpose, Scope and Methodology of the Review ................................................................................... 5 1.3 Structure of the Review ........................................................................................................................... 6 PART 2: MANGROVES IN SAMOA ............................................................................................................ 7 2.1 Mangrove Area ........................................................................................................................................ 7 2.2 Mangrove Uses .......................................................................................................................................
    [Show full text]
  • "Steady As She Goes" – the Constitution and the Court of Appeal of Samoa
    145 "STEADY AS SHE GOES" – THE CONSTITUTION AND THE COURT OF APPEAL OF SAMOA A H Angelo* I INTRODUCTION In 2012, Samoa celebrated 50 years of independence. It was a year of celebration, not just of a Constitution, but of constitutional stability in a challenging and fast-changing world. With political and economic uncertainty affecting many Pacific island nations, Samoa has maintained a pattern of political stability and economic prosperity. That stability is an achievement in respect of which Samoa may take great satisfaction. It is the purpose of this paper to consider the role of the Court of Appeal in some key constitutional cases and to reflect on the extent to which the Court has contributed to that stability. The cases are well- known.1 The focus is on cases of Samoa but a limited comparison, in the conclusion, supports the overall thesis that "steady as she goes" is a better judicial approach than one that is less conservative. II BRIEF OVERVIEW A Independence Western Samoa2 gained its independence on 1 January 1962, after having spent the first part of the 20th century under various forms of foreign rule.3 Independence * Professor, Faculty of Law, Victoria University of Wellington 1 Attorney-General v Saipa'ia (Olomalu) [1982] WSCA 3 (Olomalu); Taamale v Attorney-General [1995] WSCA 12 (Taamale); In re the Constitution, Le Tagaloa Pita v Attorney-General [1995] WSCA 6 (Le Tagaloa Pita); In re the Constitution, Mulitalo v Attorney-General [2001] WCSA 8 (Mulitalo); Samoa Party v Attorney-General [2010] WSCA 4 (Samoa Party). The last in the series, Samoa Party v Attorney-General, is dealt with here both because of its significance and because of the appearance in it of the late Helen Aikman QC as counsel for the appellant.
    [Show full text]
  • State of Human Rights Report
    1 Komesina o Sulufaiga 2 STATE OF HUMAN RIGHTS REPORT 3 4 5 6 "HOW FAR HAVE WE COME?" June 2019 Photo 2: Asia Development Bank | Photo 3, 6: David Kirkland | Photos 1, 4, 5: NHRI Samoa © Office of the Ombudsman, Samoa National Human Rights Institution 2019 All rights reserved. You can copy, download or print this publication’s content for your own use, and you can include excerpts from it in your own documents, presentations, blogs, websites and teaching materials, provided that suitable acknowledgement of the Office of the Ombudsman/NHRI Samoa as source and copyright owner is given. All requests for public or commercial use and translation rights should be submitted to [email protected]. June 2019 Design and layout: Charles Dean Printing: Government Printers Contact: The Office of the Ombudsman, Level 5, Central Bank Building, APIA, SAMOA Phone: +685 25394 | Fax: +685 21862 Email: [email protected] State of Human Rights Report 2019 PAGE | 2 Foreword …………………………………………………………………………………………………………….4 Overview of the 3 State of Human Rights Reports (Statistics)……………………………………….5 Introduction ……………………………………………………………………………………………………. 6-11 Mandate and objectives Previous SHRRs Process of discussing SHRR and role of the State in implementing recommendations Samoa’s Human Rights Obligations Fa’asamoa and Human Rights Timeline and Methodology Report Structure Categorization of progress of recommendations 2015 Progress Report ……………………………………………………………………..…………………12-59 Overview Analysis 2016 Progress Report ………………………………………………………………………………………. 60-83 Overview Analysis 2017 Progress Report ……………………………………………………………………………………… 84-92 Overview Analysis Recommendations ……………………………………………………………………………………….… 93-94 Appendices …………………………………………………………………………………………………… 95-99 Full list of recommendations of 2015, 2016 and 2017 SHRRs List of stakeholders consulted State of Human Rights Report 2019 PAGE | 3 Human rights are integral to the development and wellbeing of any individual, community and country.
    [Show full text]