Human Rights & Democracy Movement

Executive Power

31. (1) The executive power of Western Samoa shall vest in the Head of State and shall be exercised by him under the provisions of this Constitution.
(2) Nothing in Clause (1) shall prevent Parliament from conferring by Act functions on authorities other than the Head of State.
Cabinet

32. (1) There shall be a Cabinet of Ministers, who shall have the general direction and control of the executive government of Samoa and shall be collectively responsible therefore to Parliament.
(2) Cabinet shall be appointed as follows:
a) The Head of State shall appoint as Prime Minister to preside over Cabinet a Member of Parliament who commands the confidence of a majority of the Members of Parliament.
b) The Head of State shall, acting on the advice of the Prime Minister, appoint eight other Members of Parliament to be Ministers.
c) If an appointment is to be made while the Legislative Assembly is dissolved, a person who was a Member of Parliament immediately before the Assembly was last dissolved may be appointed to be Prime Minister or a Minister.
d) Appointments under the provisions of this Clause shall be made by the Head of State by instrument under the Public Seal.

Assignment of responsibilities to Minister

35. (1) The Prime Minister may, by in writing under his hand-
a) Charge any Minister with the responsibility for any Department or subject; and
b) Revoke or vary any direction given under the provisions of this Clause.
(2) The Prime Minister may retain in his charge any Department or subject.

Summoning of Cabinet

36. Cabinet shall be summoned only by the Prime Minister or, in his absence, by such Minister as the Prime Minister shall appoint in that behalf.

When decisions of Cabinet are to take effect
38. (1) A decision of Cabinet shall take effect-
a) On its approval by the Head of State, acting in his discretion; or
b) On the expiry of four days after the date of the decision, unless a meeting of the Executive Council is sooner held under the provisions of Article 40; or
c) If the issue involved in the decision is, in the opinion of a majority of Ministers present and voting at the meeting at which the decision is taken, of extreme urgency, on the expiry of one day after the date of the decision, unless a meeting of the Executive Council is sooner held under the provisions of Article 40; or
d) Under the provisions of Article 40.
Executive Council
39. (1) There shall be an Executive Council of Western Samoa, which shall consist of:
a) The Head of State
b) The Prime Minister and Ministers holding office under the provisions of Articles 32 and 33.
(2) Subject to the provisions of this Constitution, the Executive Council may regulate its procedure (including the fixing of a quorum) in such manner as it thinks fit.
(3) The Secretary to Cabinet shall be Clerk of the Executive Council.
Consideration of Cabinet decisions by Executive Council
40. (1) The Head of State, acting in his discretion, or the Prime Minister may summon a meeting of the Executive Council to consider any decision recorded in the minutes of a Cabinet meeting.
(2) If at a meeting of the Executive Council thus summoned the Head of State supports the decision concerned, that decision shall take effect as a decision of Cabinet.
(3) If a meeting of the Executive Council thus summoned the Head of State opposes the decision concerned or requests any amendment thereto, Cabinet shall thereupon be summoned under the provisions of Article 36 and requested to reconsider that decision.
(4) If Cabinet after that reconsideration reaffirms its original decision or accepts the amendment requested by the Head of State, the original decision or the decision as so amended, as the case may be, shall forthwith take effect as a decision of Cabinet.
(5) If Cabinet after that reconsideration adopts a decision which incorporates an amendment to its original decision, other than an amendment requested by the Head of State under the provisions of Clause (3), the decision as so amended shall operate as a new decision of Cabinet to which the provisions of Clauses (5) and (6) of Article 37 shall apply.
COOK ISLANDS
The Cook Island Constitution of 1964, with its special relation to New Zealand, preserved the Queen’s Representative as Head of State, but otherwise, the provisions for an operating executive are identical to those of Western Samoa, with Article 12 of the Cook Islands Constitution being a near copy of Article 31 of the Western Samoa Constitution, and the Articles 13-25 of the Cook Islands Constitution tracking Article 32-40 of the Western Samoa Constitution. The relevant sections, set out below, are from the New Zealand statute of 1964. In 1980, the terminology was upgraded; for Premier, now read Prime Minister, for High Commissioner read Queen’s Representative, and for Legislative Assembly read Parliament.
The Executive Government of the Cook Islands
12. Executive authority-
1) The executive authority of the Cook Islands shall be vested in Her Majesty the Queen in right of New Zealand.
2) Subject to the provisions of this Constitution, the executive authority of the Cook Islands may be exercised on behalf of Her Majesty by the High Commissioner, either directly or through officers subordinate to him.
3) Nothing in this Article shall prevent the Legislative Assembly from conferring functions on persons or authorities other than the High Commisioner.
Cabinet
13. Cabinet-
(1) There shall be a Cabinet of Ministers, comprising the Premier of the Cook Islands (who shall preside over Cabinet) and not fewer than 3 nor more than 5 other Ministers, which shall have the general direction and control of the executive government of the Cook Islands, and shall be collectively responsible to the Legislative Assembly.
(2) The Premier shall be appointed as follows:
a) If the appointment is to be made while the Legislative Assembly is in session, the High Commissioner shall appoint as Premier a member of the Assembly who commands the confidence of a majority of the members of the Assembly:
b) If the appointment is to be made while the Legislative Assembly is not in session, the High Commissioner shall appoint as Premier a member of the Assembly who in the opinion of the High Commissioner, acting in his discretion, is likely to command the confidence of a majority of the members of the Assembly:
c) If the appointment is to be made after a dissolution of the Legislative Assembly and before the holding of the general election of the Assembly following that dissolution, the High Commissioner shall appoint as Premier a person who was a member of the Assembly immediately before that dissolution and who in the opinion of the High Commissioner, acting in his discretion, is likely to command the confidence of a majority of the persons who were members of the Assembly immediately before that dissolution:
Provided that where the Legislative Assembly has been dissolved pursuant to subclause (2) of Article 37 hereof, the High Commissioner shall appoint as Premier a person who was a member of the Assembly immediately before that dissolution and who in the opinion of the High Commissioner, acting in his discretion, is capable of performing the functions of the Premier.
(3) The Ministers other than the Premier shall be appointed by the High Commissioner on the advice of the Premier. No person shall be so appointed unless-
a) He is a member of the Legislative Assembly; or
b) If the appointment is to be made after a dissolution of the Legislative Assembly and before the holding of the general election of the Assembly following that dissolution, he was a member of the assembly immediately before that dissolution; or
c) If the appointment is to be made after the holding of a general election of the Legislative Assembly and before the commencement of the first session of the Assembly following the election, he was elected as a member of the Assembly at that election.
14. Duration of office of members of Cabinet-
(1) The appointment of the Premier who is in office immediately before that date of the holding of a general election of the Legislative Assembly may be terminated by the High Commissioner, acting in his discretion, after the date of the holding of that election and before the date of the commencement of the first session of the Assembly following that election.

(2) The appointment of the premier who is in office at the commencement of the first session of the Legislative Assembly following a general election thereof shall be terminated by the High Commissioner on the seventh day of that session if the Premier has not sooner resigned.

(3) The appointment of the Premier shall also be terminated by the High Commissioner-
(a) If the Premier ceases to be a member of the Legislative Assembly for any reason other than the dissolution of the Assembly; or
(b) If the Legislative Assembly passes a motion in express words of no confidence in Cabinet or if Cabinet is defeated on any question or issue which the Premier has declared to be a question or issue of confidence: Provided that, if after the passing of such a motion or after that defeat the Premier so requests, the High Commissioner, acting in his discretion, may dissolve the Legislative Assembly instead of terminating the appointment of the Premier; or
© If the Premier resigns his office by writing under his hand delivered to the High Commissioner; or
(d) If the Premier is absent from the Cook Islands, otherwise than on official business, for a period of more than 3 months without written authority given by the High Commissioner, acting in his discretion.
16. Assignment of responsibilities to Ministers-
(1) The Premier may, by discretion in writing under his hand,-
a) Charge any Minister with the responsibility for any Department or subject; and
b) Revoke or vary any direction given under the provisions of this subclause.
(2) The Premier may retain in his charge any Department or such subject.
17. Summoning of Cabinet – Cabinet shall be summoned only by the Premier or, in his absence, by such Minister as the Premier appoints in that behalf.

19. When decision of Cabinet takes effect-
(1) A decision of Cabinet shall take effect-
a) On its approval by the High Commissioner, actingin his discretion; or
b) On the expiry of 4 days after the date of the decision, unless a meeting of the Executive Council is sooner held under the provisions of Article 25 hereof; or
c) If the issue involved in the decision is, in the opinion of Cabinet, of extreme urgency, on the expiry of 2 days after the date of the decision, unless a meeting of the Executive Council is sooner held under the provisions of Article 25 hereof; or
d) Under the provisions of Article 25 hereof.
The Executie Council
22. Executive Council-

(1) There shall be an Executive Council of the Cook Islands, which shall consist of
a) The High Commisioner; and
b) The members of Cabinet
(2) No business shall be transacted at any meeting of the Executive Council unless there are present the High Commisioner and at least 3 members of Cabinet or, if there are for the time being only 4 members of Cabinet, unless there are present the High Commisioner and at least 2 members of Cabinet.
(3) Subject to the provisions of this Constitution, the Executive Council may regulate its procedure in such manner as it thinks fit.

25. Consideration of Cabinet decisions by Executive Council-

(1) A meeting of the Executive Council may be summoned to consider any decision recorded in the minutes of Cabinet meeting.

(2) If at a meeting of the Executive Council thus summoned the High Commissioner, acting in his discretion, concurs in the decision concerned, that decision shall take effect as a decision of Cabinet.

(3) If at a meeting of the Executive Council thus summoned the High Commissioner, acting in his discretion does not concur in the decision concerned or requests any amendment thereto, Cabinet shall thereupon be summoned under the provisions of Article 17 hereof and requested to reconsider that decision.

(4) If Cabinet after that reconsideration Reaffirms its Original Decision or Accepts The Amendment Requested by the High Commissioner, the original decision or the decision as so amended, as the case may be, shall forthwith take effect as a decision of Cabinet.

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