O le Ao o le Malo

History

The 1960 constitution of Samoa stipulated that heads of state were to be elected by the Legislative Assembly for five-year terms. At the same time, it created an exception for Tupua Tamasese Meaʻole and Malietoa Tanumafili II, named jointly for a life tenure beginning on Samoa's independence day on 1 January 1962. They represented, respectively, the paramount lineages of the Tupua Tamasese and Malietoa; both had fiercely competed in a civil war during the late 19th century for control for the four district chieftain titles, known as pāpā. The two officeholders were jointly known as O Ao o le Malo and individually as O le Ao o le Malo. On the death or resignation of either, the surviving counterpart would remain in office alone, and the article which constituted their appointment would be sunset after the end of both terms.

The former home of writer Robert Louis Stevenson in Vailima served as the head of state's official residence until it was damaged in cyclones in the 1990s; the building subsequently became the Robert Louis Stevenson Museum.

Tui Ātua Tupua Tamasese Efi was the first head of state to be elected by the Legislative Assembly, after Malietoa's death in 2007. A son of Meaʻole, he had previously served as Prime Minister from 1976 to 1982.

In 2019, the Samoan government led by the Human Rights Protection Party (HRPP) amended the constitution, introducing a two-term limit for the head of state. In November 2021, the government of the Faʻatuatua i le Atua Samoa ua Tasi (FAST) party announced that it was considering an amendment to make the office a lifetime appointment. This suggestion was part of a review of the constitution.

Qualifications

Article 18 of the Samoan constitution sets the qualifications for the position of head of state. They must:

• be eligible for election as a member of the Legislative Assembly;
• possess such qualifications as the Legislative Assembly may determine by resolution;
• not have previously been removed from the office on the grounds of misbehavior or infirmity.

Term of office

The head of state is elected by the Legislative Assembly for five years and can be re-elected once. The exceptions to this were Tupua Tamasese Meaʻole and Malietoa Tanumafili II, who were exempted from the election and term length clauses laid down by Article 19. A 2019 amendment to the constitution states that the head of state can serve no more than two terms.

A head of state's term may be terminated by:

• resignation;
• removal by the Legislative Assembly on the grounds of misbehavior or mental or physical infirmity;
• approval by two-thirds of the Legislative Assembly of a resolution for removal that is proposed and supported by at least a fourth of its members, following at least fourteen days between the notice of motion and debate on the motion;
• death.

Duties and powers

Although the head of state formally leads the executive, in practice they only act on the advice of the Prime Minister, making the position that of a ceremonial figurehead. The head of state has the ability to appoint the prime minister from any member of the Legislative Assembly commanding the confidence of a majority of members of the Assembly. As in other parliamentary systems, this is typically the leader of the political party holding the most seats in the Assembly. Cabinet ministers, the Speaker of the Legislative Assembly and justices of the Supreme Court can only formally take office upon subscribing to an oath in the presence of the head of state as provided by the constitution.

While the head of state "does not play an active role in government", they can dissolve the Assembly, and no act of the Assembly becomes law without their approval, akin to royal assent in monarchies. They also have the power to grant pardons.

Elections

To date, there have been four elections for the office of head of state. The first was held on 16 June 2007, in which Tui Ātua Tupua Tamasese Efi was elected unopposed by the 49-member strong parliament. The second was held on 19 July 2012, in which Efi was nominated by Prime Minister Tuila'epa Sa'ilele Malielegaoi and seconded by Palusalue Faʻapo II, the leader of the opposition. The third was held on 30 June 2017, in which Tuimalealiʻifano Vaʻaletoʻa Sualauvi II was elected unopposed. The fourth was held on 23 August 2022, in which Sualauvi II was reelected unopposed.

List of officeholders

;Political affiliations

;Status

;Symbols Constitutional referendum

As member of the Council of Deputies

Died in office

Timeline

ImageSize = width:1050 height:auto barincrement:14 PlotArea = top:3 bottom:80 right:190 left:20 AlignBars = late

Define $today =

DateFormat = dd/mm/yyyy Period = from:01/01/1962 till:$today TimeAxis = orientation:horizontal ScaleMajor = unit:year increment:5 start:1962 ScaleMinor = unit:year increment:1 start:1962

Colors = id:none value:gray(0.7) legend:Independent

Legend = columns:2 left:130 top:40 columnwidth:230

TextData = pos:(20,45) textcolor:black fontsize:M text:"Political parties:"

BarData = bar:TupuaTamaseseMea'ole bar:MalietoaTanumafiliII bar:TuiAtuaTupuaTamaseseEfi bar:Tuimaleali'ifanoVa'aleto'aSualauviII

PlotData = width:5 align:left fontsize:S shift:(5,-4) anchor:till

bar:TupuaTamaseseMea'ole from: 01/01/1962 till: 05/04/1963 color:none text:"Tupua Tamasese Meaʻole" bar:MalietoaTanumafiliII from: 01/01/1962 till: 11/05/2007 color:none text:"Malietoa Tanumafili II" bar:TuiAtuaTupuaTamaseseEfi from: 20/06/2007 till: 21/07/2017 color:none text:"Tui Ātua Tupua Tamasese Efi" bar:Tuimaleali'ifanoVa'aleto'aSualauviII from: 21/07/2017 till: $today color:none text:"Tuimalealiʻifano Vaʻaletoʻa Sualauvi II"

Notes

References

References

1. (14 September 2018). "$600,000 residence for Head of State re-opens". Samoa Observer.
2. (17 February 2019). "Parliament reduces Head of State's term to ten years". Samoa Observer.
3. Hill, Bruce. (28 September 2016). "Samoan leaders salaries published by newspaper".
4. (15 July 2014). "Head of State {{!}} O le Ao o le Malo".
5. (19 October 2022). "Pacific news in brief for October 19". RNZ Pacific.
6. "Constitution of the Independent State of Western Samoa 1960". University of the South Pacific.
7. (2002). "Asia-Pacific Constitutional Systems". Cambridge University Press.
8. New Zealand Herald. (28 June 2007). "Name says it all for Samoa's new leader". The New Zealand Herald.
9. "Robert Louis Stevenson Museum".
10. New Zealand Herald. (16 June 2007 }}{{Dead link). "New head of state for Samoa". The New Zealand Herald.
11. (4 November 2021). "Samoa's Head of State could be appointed for life". RNZ Pacific.
12. "Samoa 1962 (rev. 2017) Constitution".
13. So’o, Asofou. (2008). "The Establishment and Operation of Sämoa’s Political Party System". ANU Press.
14. (2003). "Asia and Pacific Review 2003/04, 21st edition". Walden Publishing Ltd..
15. eDiplomat.com. "Samoa".
16. [https://www.rnz.co.nz/international/pacific-news/334479/new-head-of-state-for-samoa New head of state for Samoa] Radio New Zealand International, 5 July 2017
17. (24 August 2022). "Samoan Parliament re-elects Head of State". [[RNZ Pacific]].