This Press Release serves to provide the general public with information and clarification
in relation to public statements and queries about the Constitution Amendment Act
2020, Land and Titles Act 2020 and the Judicature Act 2020 (“3 Acts”).
Head of the Judiciary and the Judicial Services Commission:
1. Pursuant to the Constitution Amendment Act 2020 (“CAA”), the Chief Justice remains
the Head of the Judiciary.
2. The reforms amend the composition of the Judicial Service Commission (“JSC”)
constituted under Part VI of the Constitution, by substituting the ‘President of the Land
and Titles Court’ with the ‘Ombudsman’. The members of the JSC are; the Chief Justice
who remains the Chairperson (current member of the JSC), the Attorney-General
(current member of the JSC), a community member appointed by the Minister of Justice
(current member of the JSC), the Ombudsman (substituting the President LTC) and a
retired Supreme Court Judge who is appointed by the Head of State on the advice of
Cabinet in consultation with the Chief Justice (current member of the JSC). The Attorney
General and Ombudsman are constitutional offices and are thus members by virtue of
the offices held.
Procedure for the removal of Judges of the Supreme Court:
3. The removal of the Chief Justice remains to be by the Head of State on an address of
two–thirds (2/3) majority of Parliament.
4. The change introduced by the Constitution Amendment Act 2020 (“CAA”) is that the
Judges of the Supreme Court will be removed by the Head of State on the advice of the
JSC, rather than a 2/3 rd majority of Parliament.
5. The removal by a 2/3 rd majority of Parliament of Supreme Court Judges, is but one
mechanism to remove Judges. The Commonwealth Secretariat “The Appointment,
Tenure and Removal of Judges under Commonwealth Principles: A Compendium and

Analysis of Best Practice” Report 2015 notes that only 16% of Commonwealth countries
use this particular mechanism for the removal of Judges, while the majority of countries
utilise an independent body or other constituted bodies (such as the Judicial Service
Commission) or an ad hoc committee set up for this purpose.
6. It is therefore not unusual for Supreme Court Judges to be removed by independent, ad
hoc or other constituted bodies. In these reforms, Samoa has joined the rest of some
84% Commonwealth countries that remove Supreme Court Judges by means other than
a 2/3 rd majority of Parliament, i.e. by the Head of State on the advice of the Judicial
Services Commission.