The O le Ao o le Malo (lit.'chief of the state' in Samoan)[a] is the head of state of Samoa. The office is equivalent to a ceremonial president in parliamentary republics. In English, it is alternatively referred to using the title of Head of State (HOS).[4]
At the time the constitution was adopted, it was anticipated that future heads of state would be chosen from among the four tamaʻāiga paramount chieftains in line with customary protocol.[5] This is not a constitutional requirement, so Samoa can be considered a parliamentary republic rather than a constitutional monarchy. The government press secretariat describes the O le Ao o le Malo as a "ceremonial president". Similar to monarchs, the holder is given the formal style of His Highness, as is the case with the four tamaʻāiga.
The Council of Deputies collectively acts as the deputy to the head of state, substituting in the event of a vacancy or when the head of state cannot otherwise fulfill their duties. The incumbent head of state is Tuimalealiʻifano Vaʻaletoʻa Sualauvi II, who was elected to a five-year term in 2017 and re-elected in 2022.[6]
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.[7][8] 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.[5] 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.[7][5]
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.[2] 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.[11]
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.[7]
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.[7] A 2019 amendment to the constitution states that the head of state can serve no more than two terms.[2]
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;[7]
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.[12][13] 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.[14] 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.[12]
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.[13] They also have the power to grant pardons.[15]
↑"Head of State | O le Ao o le Malo". Government of Samoa. 15 July 2014. Retrieved 6 July 2024. Afioga Tuimalealiifano Vaaletoa Sualauvi II was sworn in as the Head of State of the Independent State of Samoa on the 21st July, 2017.
↑"Pacific news in brief for October 19". RNZ Pacific. 19 October 2022. Retrieved 30 October 2022. Samoa's head of state has been sworn in by the Chief Justice for a second term of five years. [...] In August Parliament endorsed the appointment of Tuimalealiʻifano as head of state for a second term.
12Kogan Page; World of information (2003). Asia and Pacific Review 2003/04, 21st edition. Essex, England: Walden Publishing Ltd. p.41. ISBN0-7494-4063-5.
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