Supreme Court of Samoa

The Supreme Court of Samoa (Samoan: Faamasinoga Sili o Samoa)[1] is the superior court dealing with the administration of justice in Samoa.[2]

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It was established by Part VI of the Constitution of Samoa.[3] It consists of the Chief Justice of Samoa and other judges as appointed by the Head of State on the advice of the Prime Minister of Samoa. Judges serve until they reach the age of 68 years, and can only be removed from office on the address of the Legislative Assembly on grounds of misbehaviour or infirmity; this requires a two-thirds majority of all MPs.[4] Acting Judges may be appointed for a fixed term.[5]

The court has jurisdiction over the interpretation of the constitution,[6] enforcement of fundamental rights,[7] and membership of the Legislative Assembly of Samoa.[8] It also has "such original, appellate and revisional jurisdiction as may be provided by Act".[9] At present this is criminal jurisdiction where there is a statutory maximum sentence of more than seven years and a civil jurisdiction where the amount claimed is more than $20,000. It can hear both civil and criminal appeals from the District Court of Samoa.[2] In 2020 the jurisdiction of the court was amended by the Land and Titles Bill to exclude review of any decision falling within the jurisdiction of the Land and Titles Court of Samoa.[10]

Decisions of the Supreme Court can, with leave of the court, be appealed to the Court of Appeal of Samoa. The Court of Appeal consists of the Chief Justice and the other judges of the Supreme Court, but a judge cannot sit on an appeal from their own decision.[11]

Judges

The court is made up of the following judges:[12][13]

In addition, former Justice Lesatele Rapi Vaai was reappointed for a period of 12 months in November 2020.[14]

On 4 August 2021 five former New Zealand judges were appointed as acting judges for a term of two years:[15]

  • Justice Robert Fisher
  • Justice Peter Blanchard
  • Justice Rhys Harrison
  • Justice Rodney Hansen
  • Justice Raynor Asher

References
  1. "Faamasino Fou o le Faamasinoga Sili". Samoa Observer. Retrieved 2021-05-28.
  2. "General Information Courts". Ministry of Justice and Courts Information. Retrieved 16 December 2017.
  3. "Constitution of the Independent State of Samoa" (PDF). Parliament of Samoa. Retrieved 16 December 2017.
  4. Constitution of the Independent State of Samoa, Article 68(5)
  5. Constitution of the Independent State of Samoa, Article 71
  6. Constitution of the Independent State of Samoa, Article 73(2)
  7. Constitution of the Independent State of Samoa, Article 4
  8. Constitution of the Independent State of Samoa, Article 47
  9. Constitution of the Independent State of Samoa, Article 73(1)
  10. "Constitution Amendment Act 2020" (PDF). Parliament of Samoa. 5 January 2021. Retrieved 7 August 2021.
  11. Constitution of the Independent State of Samoa, Article 77
  12. "Head of State welcomes new Supreme Court Justices". Samoa Observer. 15 December 2016. Retrieved 16 December 2017.
  13. "Ministry of Justice bid farewell to Justice Lesatele Rapi Vaai" (PDF). Ministry of Justice and Courts Administration. Retrieved 16 December 2017.
  14. Maina Vai (6 November 2020). "Supreme Court of Samoa Recalls Lesatele Rapi Vaai". Samoa Global News. Retrieved 20 July 2021.
  15. "Five NZ High Court Judges Sworn-In to Assist Samoa's Bench". Samoa Global News. 14 August 2021. Retrieved 14 August 2021.
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