Constitution Amendment (No. 2) 2019 (Samoa)

The Constitution Amendment (No. 2) 2019 amends portions of Article 72 of the Constitution of Samoa on the Judicial Service Commission. The amendment adds member to the Commission including the President of the Land and Titles Court, a retired Supreme Court Judge appointed by the Head of State on the advice of Cabinet and the Registrar of the Supreme Court as the Secretary who shall have no voting rights. Article 72(2) on the quorum for transactions of the commission is substituted and renumbered with the following, "[n]o business shall be transacted by the Judicial Service Commission unless any three members appointed under clause (1)(a) - (e) are present, and all questions proposed for decision by the Commission shall be decided by a majority of the votes of those members. (3) Subject to clause (2), a meeting of the Judicial Service may be called by three members except the Registrar." Moreover, Article 72(3) on the power of appointment of judicial officers is substituted and renumbered with "(4) 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 and the President of the Land and Titles Court, is hereby vested in the Head of State, acting on the advice of the Judicial Service Commission as may be provided by
Act.”