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The Supreme Court of Samoa (Samoan: Faamasinoga Sili o Samoa)[1] is the superior court dealing with the administration of justice in Samoa.[2]
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.[con 1] Acting Judges may be appointed for a fixed term.[con 2]
The court has jurisdiction over the interpretation of the constitution,[con 3] enforcement of fundamental rights,[con 4] and membership of the Legislative Assembly of Samoa.[con 5] It also has "such original, appellate and revisional jurisdiction as may be provided by Act".[con 6] 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.[4]
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.[con 7]
- ^ "Faamasino Fou o le Faamasinoga Sili". Samoa Observer. Retrieved 2021-05-28.
- ^ a b "General Information Courts". Ministry of Justice and Courts Information. Retrieved 16 December 2017.
- ^ "Constitution of the Independent State of Samoa" (PDF). Parliament of Samoa. Retrieved 16 December 2017.
- ^ "Constitution Amendment Act 2020" (PDF). Parliament of Samoa. 5 January 2021. Retrieved 7 August 2021.
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