- Arrangement of Provisions
- TITLE
- PART I THE INDEPENDENT STATE OF SAMOA AND ITS SUPREME LAW
- PART II FUNDAMENTAL RIGHTS
- PART III THE HEAD OF STATE
- PART IV THE EXECUTIVE
- PART V PARLIAMENT
- PART VI THE JUDICIARY
- PART VII THE PUBLIC SERVICE
- PART VIII FINANCE
- PART IX LAND AND TITLES
- PART X EMERGENCY POWERS
- PART XI GENERAL AND MISCELLANEOUS
- PART XII TRANSITIONAL
- Schedules
- PART I THE INDEPENDENT STATE OF SAMOA AND ITS SUPREME LAW
- PART II FUNDAMENTAL RIGHTS
- 3. Definition of the State
- 4. Remedies for enforcement of rights
- 5. Right to life
- 6. Right to personal liberty
- 7. Freedom from inhuman treatment
- 8. Freedom from forced labour
- 9. Right to a fair trial
- 10. Rights concerning criminal law
- 11. Freedom of religion
- 12. Rights concerning religious instruction
- 13. Rights regarding freedom of speech, assembly, association, movement and residence
- 14. Rights regarding property
- 15. Freedom from discriminatory legislation
- PART III THE HEAD OF STATE
- 16. O le Ao o le Malo
- 17. Repealed by clause (5)
- 18. Election of Head of State
- 19. Term of office of Head of State
- 20. Disabilities of Head of State
- 21. Resignation and removal from office
- 22. Salary of Head of State
- 23. Absence or incapacity
- 24. Special provisions as to absence or incapacity
- 25. Council of Deputies
- 26. Head of State to act on advice
- 27. Information for Head of State
- 28. Oath of office
- 29. Public Seal
- 30. Secretary to Head of State
- PART IV THE EXECUTIVE
- 31. Executive power
- 32. Cabinet
- 33. Vacation of office
- 34. Official oath
- 35. Assignment of responsibilities to Ministers
- 36. Summoning of Cabinet
- 37. Cabinet procedure
- 38. When decisions of Cabinet are to take effect
- 39. Executive Council
- 40. Consideration of Cabinet decisions by Executive Council
- 41. Attorney-General
- PART V PARLIAMENT
- 42. Parliament
- 43. Power to make laws
- 44. Members of the Legislative Assembly
- 45. Qualifications for membership
- 46. Tenure of office of members
- 47. Decisions on questions as to membership
- 48. Filling vacancies
- 49. Election of Speaker
- 50. The Deputy Speaker
- 51. Clerk of the Legislative Assembly
- 53. Standing Orders
- 54. Languages
- 55. Presiding over Legislative Assembly
- 56. Proceedings are valid
- 57. Quorum
- 58. Voting
- 59. Introduction of bills, etc., into Legislative Assembly
- 60. Bills assented to become Acts of Parliament
- 61. Oath of allegiance
- 62. Privileges of Legislative Assembly
- 63. Prorogation and dissolution of Legislative Assembly
- 64. General elections
- PART VI THE JUDICIARY
- 65. Constitution of the Supreme Court
- 66. Powers of Judges of the Supreme Court
- 67. Oath of office
- 69. Salaries of Judges of the Supreme Court
- 70. Acting Chief Justice
- 71. Acting Judge of the Supreme Court
- 72. Judicial Service Commission
- 73. Jurisdiction of the Supreme Court
- 74. Subordinate Courts
- 75. Constitution of Court of Appeal
- 76. Number of Judges
- 77. Judges not to sit on appeals from own decisions
- 78. Oath of office
- 79. General jurisdiction of Court of Appeal
- 80. Jurisdiction on constitutional questions
- 81. Jurisdiction in respect of fundamental rights
- 82. Definition of "decision
- PART VII THE PUBLIC SERVICE
- PART VIII FINANCE
- 90. Public funds
- 91. Restriction on taxation
- 92. Public revenue
- 93. Payment out of public funds
- 94. Appropriation of expenditure
- 95. Expenditure in anticipation of appropriation
- 96. Unforseen expenditure
- 97. Controller and Chief Auditor
- 98. Salary of Controller and Chief Auditor
- 99. Audit of accounts
- PART IX LAND AND TITLES
- PART X EMERGENCY POWERS
- PART XI GENERAL AND MISCELLANEOUS
- PART XII TRANSITIONAL
- 114. Existing law to continue
- 115. Functions of Council of State
- 116. Tenure of office of Ministers
- 117. First Legislative Assembly
- 118. Existing Judges
- 119. Existing legal proceedings
- 120. Existing officers to continue in office
- 121. Laws not brought into force before Independence Day
- 122. Adaptation of existing law
- 123. Vesting of property
- 124. Transitional amendments to Constitution
- SCHEDULES
- FIRST SCHEDULEELECTION OF THE HEAD OF STATE
- SECOND SCHEDULEMEMBERS OF PARLIAMENT TO BE ELECTED BY PERSONS WHOSE NAMES APPEAR ON THE INDIVIDUAL VOTERS' ROLL
- THIRD SCHEDULEFORMS OF OATH
- REVISION NOTES 1997
- REVISION NOTES 2008
- REVISION NOTES 2008 No.2
Constitution of the Independent State of Samoa 1960
CONSOLIDATED ACTS OF SAMOA 2008
THE CONSTITUTION OF THE INDEPENDENT STATE OF SAMOA
Arrangement of Provisions
TITLE
PART I THE INDEPENDENT STATE OF SAMOA AND ITS SUPREME LAW
1. Name and description 2. The supreme law
PART II FUNDAMENTAL RIGHTS
3. Definition of the State 4. Remedies for enforcement of rights 5. Right to life 6. Right to personal liberty 7. Freedom from inhuman treatment 8. Freedom from forced labour 9. Right to a fair trial 10. Rights concerning criminal law 11. Freedom of religion 12. Rights concerning religious in-struction 13. Rights regarding freedom of speech, assembly, association, movement and residence 14. Rights regarding property 15. Freedom from discriminatory leg-islation
PART III THE HEAD OF STATE
16. O le Ao o le Malö 17. Repealed 18. Election of Head of State 19. Term of office of Head of State 20. Disabilities of Head of State 21. Resignation and removal from of-fice 22. Salary of Head of State 23. Absence or incapacity 24. Special provisions as to absence or incapacity 25. Council of Deputies 26. Head of State to act on advice 27. Information for Head of State 28. Oath of office 29. Public Seal 30. Secretary to Head of State
PART IV THE EXECUTIVE
31. Executive power 32. Cabinet 33. Vacation of office 34. Official oath 35. Assignment of responsibilities to Ministers 36. Summoning of Cabinet 37. Cabinet procedure 38. When decisions of Cabinet are to take effect 39. Executive Council 40. Consideration of Cabinet decisions by Executive Council 41. Attorney-General
PART V PARLIAMENT
42. Parliament 43. Power to make laws 44. Members of the Legislative Assem-bly 45. Qualifications for membership 46. Tenure of office of members 47. Decisions on questions as to membership 48. Filling vacancies 49. Election of Speaker 50. The Deputy Speaker 51. Clerk of the Legislative Assembly 52. Meetings of the Legislative Assembly 53. Standing Orders 54. Languages 55. Presiding over Legislative Assem-bly 56. Proceedings are valid 57. Quorum 58. Voting 59. Introduction of bills, etc., into Legislative Assembly 60. Bills assented to become Acts of Parliament 61. Oath of allegiance 62. Privileges of Legislative Assembly 63. Prorogation and dissolution of Legislative Assembly 64. General elections
PART VI THE JUDICIARY
65. Constitution of the Supreme Court 66. Powers of Judges of the Supreme Court 67. Oath of office 68. Tenure of office 69. Salaries of Judges of the Supreme Court 70. Acting Chief Justice 71. Acting Judge of the Supreme Court 72. Judicial Service Commission 73. Jurisdiction of the Supreme Court 74. Subordinate Courts 75. Constitution of Court of Appeal 76. Number of Judges 77. Judges not to sit on appeals from own decisions 78. Oath of office 79. General jurisdiction of Court of Appeal 80. Jurisdiction on constitutional questions 81. Jurisdiction in respect of funda-mental rights 82. Definition of "decision"
PART VII THE PUBLIC SERVICE
83. Interpretation 84. Public Service Commission 85. Term of office 86. Salaries 87. Functions of the Commission 88. Procedure and Annual Report 89. Public Service Board of Appeal
PART VIII FINANCE
90. Public funds 91. Restriction on taxation 92. Public revenue 93. Payment out of public funds 94. Appropriation of expenditure 95. Expenditure in anticipation of appropriation 96. Unforeseen expenditure 97. Controller and Chief Auditor 98. Salary of Controller and Chief Auditor 99. Audit of accounts
PART IX LAND AND TITLES
100. Matai titles 101. Land in Samoa 102. No alienation of customary land 103. Land and Titles Court 104. Land below high-water mark
PART X EMERGENCY POWERS
105. Proclamation of Emergency 106. Emergency Orders 107. Orders to be laid before Legislative Assembly 108. Restriction on detention
PART XI GENERAL AND MISCELLANEOUS
109. Amendment of Constitution 110. Power of pardon 111. Interpretation 112. Authoritative texts 113. Coming into force
PART XII TRANSITIONAL
114. Existing law to continue 115. Functions of Council of State 116. Tenure of office of Ministers 117. First Legislative Assembly 118. Existing Judges 119. Existing legal proceedings 120. Existing officers to continue in office 121. Laws not brought into force before Independence Day 122. Adaptation of existing law 123. Vesting of property 124. Transitional amendments to Constitution Schedules First Schedule - Election of the Head of State Second Schedule - Members of Parliament to be elected by persons whose names appear on the Individual Voters’ Roll Third Schedule - Forms of Oath IN THE HOLY NAME OF GOD, THE ALMIGHTY, THE EVER LOVING WHEREAS sovereignty over the Universe belongs to the Omnipresent God alone, and the authority to be exercised by the people of Samoa within the limits prescribed by His commandments is a sacred heritage WHEREAS the Leaders of Samoa have declared that Samoa should be an Independent State based on Christian principles and Samoan custom and tradition AND WHEREAS the Constitutional Convention, representing the people of Samoa, has resolved to frame a Constitution for the Independent State of Samoa WHEREIN the State should exercise its powers and authority through the chosen representatives of the people WHEREIN should be secured to all the people their fundamental rights WHEREIN the impartial administration of justice should be fully maintained AND WHEREIN the integrity of Samoa, its independence, and all its rights should be safeguarded NOW THEREFORE, we the people of Samoa in our Constitutional Convention, this 28th day of October 1960, do hereby adopt, enact and give to ourselves this Constitution. Tupua Tamasese,C.B.E (Fautua) Malietoa Tanumafili II, C.B.E (Fautua) Fiame Mataafa Faumuina Mulinu'u II, C.B.E (Prime Minister, M.L.A., Lotofaga) Tuimaleali'ifano S. II (Tama Aiga) Anapu Solofa (M.L.A. Safata) AmoTausilia L. (M.L.A Aleipata - Itupa i lalo) Aiono Urima (M.L.A Aana Alofi Nu 1) Asiata Lagolago (M.L.A Satupaitea, Alataua) Iuli Veni (M.L.A Anoamaa East) Ufagalilo Fa'atafa (M.L.A Faasaleleaga Nu 3) Ulualofaiga Talamaivao V (M.L.A. Vaa-o-Fonoti) Ulumalautea Papali'i F (M.L.A Vaimauga East) Usu To'avalu (M.L.A Alataua West) Faalava'au Galu (M.L.A Samatau/Falelatai) Fatialofa M. Faimalo (M.L.A Lepa) Fenunuti Tauafua (M.L.A Lefaga, Faleaseela) Luamanuvae Eti Alesana (M.L.A. Faasaleleaga No. 1). Leasi Avaula (M.L.A Gagaifomauga Nu.3) Leiataua S (M.L.A Aiga i le Tai) Lesatele Rapi (M.L.A Vaisigano Nu.2) Luafatasaga Su'e Taule'alo (M.L.A. Sagaga-Le Usoga). Luatua Mata'ese (M.L.A Sagaga-Le-Falefa) Matai'a Europa (M.L.A Faleata East) Maposua Seilala (M.L.A Palauli-Le-Falefa) Papali'i Pesamino (M.L.A Faasa;e;eaga Nu.2) Peseta Seko J. S (M.L.A Gagaifomauga Nu.1 Pilia'e Leilua Iuliano (M.L.A Aana Alofi Nu.2) Pulepule M (M.L.A Anoamaa West) Saipaia U (M.L.A Aana Alofi Nu.3) Sagapolutele Posë (M.L.A Aleipata itupa i luga) Seiuli Tolova'a Iakopo (M.L.A Faleata West) Seuamuli Etimani (M.L.A Gagaemauga Nu.3) Soifu- Solia Gese (M.L.A Falealupo) Tualaulelei M (M.L.A Palauli) Tuatagaloa Leutele Satele Te'o Simaile (M.L.A. Filially). Tomato Lilomaiava T (M.L.A Salega) Tevaga Paletasala (M.L.A Gagaemauga Nu.1) Tofaeono Muliaga (M.L.A Vaimauga West) Toloafa Lafaele (M.L.A Siumu) Tufuga Fatu Lemana (M.L.A Vaisigano Nu.1) Tugaga Isa'aka (M.L.A Gagaifomauga Nu.2) Tuala Tiaina (M.L.A Gagaemauga Nu.2) Tuatö Poto (M.L.A Palauli West) Vui Fale (M.L.A Faasaleleaga Nu.4) G. F. D. Betham (M.L.A Apia) Hans J. Keil (M.L.A Apia) F. C. F. Nelson (M.L.A Apia) Eugene F. Paul (M.L.A Apia) Leilua P. Plowman (M.L.A Apia) Ale Pusi (A.S.M. Faleata West) A'e'au Taulupo'o (A.S.M. Falealupo) Asiata Tulelei (A.S.M. Satupaitea-Alataua) Aiolupotea Mana'ia (A.S.M. Alataua West) Auali'itia Faa'ole'ole (A.S.M. Gagaemauga Nu.1) Asi Falana'ipupu Ulu Filiva'a (A.S.M. Vaimauga West). Afamasaga Maua II (A.S.M. Aana Alofi Nu.3) Auelua Filipo (A.S.M. Lepa) Auelua Tagoa'i Tufi (A.S.M. Lepa) One Sofai (A.S.M. Gagaifomauga Nu.3) Ugapo Tauaneai (A.S.M.Aana Alofi Nu.2) Umaga Pa'u (A.S.M. Aana Alofi Nu.2) Ulugia Fa'alua (A.S.M. Faleata West) Fafai Tuivale (A.S.M. Sagaga Le Usoga) Fata M (A.S.M. Sagaga Le Usoga) Fonoti Faagalu (A.S.M. Filially) Fuimaono Faafete (A.S.M. Filially) Faamoe Sasi (A.S.M. Gagaemauga Nu.3) Fao Isaia (A.S.M. Vaisigano Nu.1) Fesola'i Pio (A.S.M. Aana Alofi Nu.1) Faletufuga Asiasi (A.S.M. Faasaleleaga Nu.2) Fuiono Alefosio (A.S.M. Falealupo) Fasavalu Faali'i (A.S.M. Salega) Feiloaivao Pa'u Peter (A.S.M. Aana Alofi Nu.3) Fiu Tanielu (A.S.M. Gagaifomauga Nu.3) Faanana Fenika (A.S.M. Satupaitea - Alataua) Fiso Faamotu L (A.S.M. Lotofaga) Faiumu A (A.S.M. Palauli West) Fiso Fusi (A.S.M. Palauli) Fui Eli Seuamuli (A.S.M. Gagaifomauga Nu.2) Fuataga Penita (A.S.M. Aleipata Itupa i luga) Faoasau Ausage (A.S.M. Vaimauga East) Fui Tauaivale (A.S.M. Lefaga Faleaseela) Faolotoi M (A.S.M. Lepa) Faliuila T (A.S.M. Aleipata Itupa i lalo) Gasü Taatua (A.S.M. Satupaitea - Alataua) Leleua Peni (A.S.M. Faleata East) Leapai Sefo (A.S.M. Sagaga Le Usoga) Leota Iakopo (Gagaemauga Nu.3) Leaupepe Aifualaau (A.S.M. Aana Alofi Nu.1) Leiataua Pöai (A.S.M. Aiga i le Tai) Levaa Fofoa (A.S.M. Aiga i le Tai) Li'omatefili T (A.S.M. Siumu) Leausa Foe (A.S.M. Vaa o Fonoti) Leota Leauma (A.S.M. Anoamaa West) Luafalealo Pesa (A.S.M. Anoamaa West) Lavea Lal- S (A.S.M. Gagaifomauga Nu.1) Lealuga Vaaiga (A.S.M. Vaisigano Nu.2) Lagaaia Faamaga (A.S.M. Palauli) Leiataatimu P (A.S.M. Sagaga Le Falefa) Luatuanuu Tolai (A.S.M. Sagaga Le Falefa) Lauago M. Tofu (A.S.M. Gagaemauga Nu.2) Leniu Fanene (A.S.M. Vaimauga West) A. Le - Mamea Matatumua, O.B.E. (A.S.M. Lefaga - Faleaseela). Moeono Alai'a K (A.S.M. Anoama'a East). Moala Maugatai Limutau Asueru (A.S.M. Anoama'a East). Magele Tagaileono Ate (A.S.M. Faasaleleaga Nu.1) Matai'a Tavale (A.S.M. Gagaemauga Nu.3) Masoe Pele (A.S.M. Vaisigano Nu.1) Mata'utia Ueni (A.S.M. Palauli Le Falefa) Matalë Tuugafala (A.S.M. Palauli West) Malaitai Lautaimi (A.S.M. Gagaifomauga Nu.2) Mata'utia Fetaui (A.S.M. Aleipata Itupa i Lalo) Matai’a Si’utaulalova’a (A.S.M. Faleata West) Mano Togamau (A.S.M. Siumu) Moalele Mau'afu (A.S.M. Faasaleleaga Nu.2) Mata'u Fiaali'i (A.S.M. Vaisigano Nu.2) Mauisii Sefo (A.S.M. Palauli Le Falefa) Muagututi'a Tautau (A.S.M. Lotofaga) Matafeo Siatiu (A.S.M. Faasaleleaga Nu.4) Mulitalo Faleniu (A.S.M. Faasaleleaga Nu.4) Nonoa Aleli F (A.S.M. Anoamaa East) Polataivao Luni (A.S.M. Gagaifomauga Nu.3) Paitomaleifi Siaki (A.S.M. Filially) Pini F (A.S.M. Faasaleleaga Nu.3) Pa'u Titö (A.S.M. Samatau/Falelatai) Peseta Tavai (A.S.M. Faasaleleaga Nu.4) Soalaupule Sale (A.S.M. Safata) Seumanu Saleilua (A.S.M. Faasaleleaga Nu.1) Savusa Faavela (A.S.M. Vaa o Fonoti) Segi Lafa (A.S.M. Faasaleleaga Nu.3) Solia Sikuka (A.S.M. Falealupo) Seinafolava Sofara (A.S.M. Lotofaga) Safuneituuga Meatuai (A.S.M. Gagaifomauga Nu.2) Semau Peleseuma (A.S.M. Gagaemauga Nu.2) Seuala Meauli (A.S.M. Aleipata Itupa i Luga) Saumalu Tui (A.S.M. Aleipata Itupa i Luga) Taala Ioelu (A.S.M. Faleata East) Taimalie Meapelo (A.S.M. Aana Alofi Nu.2) Tui- Iosefa (A.S.M. Safata) Tofilau Moeloa (A.S.M. Faasaleleaga Nu.1) Tapu Atonio Fidow (A.S.M. Vaisigano Nu.1) Tapusoa Peni II (A.S.M. Gagaifomauga Nu.1) Tapuaï Kuka (A.S.M. Salega) To'ala Mulifusi (A.S.M. Palauli Le Falefa) Tuai'aufa'i Fuifui (A.S.M. Alataua West) Tuala Osooso (A.S.M. Gagaemauga Nu.1) Tofa Peleti (A.S.M. Faasaleleaga Nu.3) Telea Fasi (A.S.M. Sagaga Le Falefa) Tauvalaau Lua (A.S.M. Aana Alofi Nu.3) Tuala Siaki (A.S.M. Lefaga/Faleaseela) Tataivaatele Ioane (A.S.M. Aleipata Itupa i Lalo) Tuaautoto'a Iefata (A.S.M. Aana Alofi Nu.1) Taupaü Semu (A.S.M. Aiga i le Tai) Tuimalatü Suli (A.S.M. Vaa o Fonoti) Tagaloa Tuala Siaosi (A.S.M. Anoamaa West) Tuilagi Pa'ö (A.S.M. Faasaleleaga Nu.2) Timu Kolio (A.S.M. Gagaifomauga Nu.1) Tuisalega E (A.S.M. Salega) Tanuvasa Taotafa (A.S.M. Alataua West) Toluono Lama. (A.S.M. Palauli) Tuala Milo (A.S.M. Gagaemauga Nu.1) Tevaga Mataf- (A.S.M. Gagaemauga Nu.2) Toomalatai Fiso (A.S.M. Vaimauga West) Tuiletufuga Taualai (A.S.M. Vaimauga West) Tuli'aupupu Muliaga S (A.S.M.Vaimauga East) Vaitagutu S (A.S.M. Faleata East) W. F. Betham (A.E.M. Apia) O. R. Crichton (A.E.M. Apia) A. M. Gurau (A.E.M. Apia)
PART I THE INDEPENDENT STATE OF SAMOA AND ITS SUPREME LAW
1. Name and description - (1) The Independent State of Samoa (hereinafter referred to as Samoa) shall be free and sovereign. (2) Samoa shall comprise the islands of Upolu, Savai'i, Manono and Apolima in the South Pacific Ocean, together with all other islands adjacent thereto and lying between the 13th and 15th degrees of south latitude and the 171st and 173rd degrees of longitude west of Greenwich. (As to clause (2) see also the Territorial Sea Act 1971, and Article 43.) 2. The Supreme Law - (1) This Constitution shall be the supreme law of Samoa. (2) Any existing law and any law passed after the date of coming into force of this Constitution which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void. (In respect of the coming into force of the Constitution, see Article 113)
PART II FUNDAMENTAL RIGHTS
3. Definition of the State - In this Part, unless the context otherwise requires, "the State" includes the Head of State, Cabinet, Parliament and all local and other authorities established under any law. 4. Remedies for enforcement of rights - (1) Any person may apply to the Supreme Court by appropriate proceedings to enforce the rights conferred under the provisions of this Part. (2) The Supreme Court shall have power to make all such orders as may be necessary and appropriate to secure to the applicant the enjoyment of any of the rights conferred under the provisions of this Part. 5. Right to life - (1) No person shall be deprived of his life intentionally, except in the execution of a sentence of a Court following his conviction of an offence for which this penalty is provided by Act. (2) Deprivation of life shall not be regarded as having been inflicted in contravention of the provisions of this Article when it results from the use of force to such extent and in such circumstances as are prescribed by law and as are reasonably justifiable:
(a) In defence of any person from violence; or
(b) In order to effect an arrest or to prevent the escape of a person detained, if the person who is being arrested or who is escaping is believed on reasonable grounds to be in the possession of a firearm; or
(c) For the purpose of suppressing a riot, insurrection or mutiny.
6. Right to personal liberty - (1) No person shall be deprived of his personal liberty except in accordance with law. (2) Where complaint is made to the Supreme Court that a person is being unlawfully detained, the Court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the Court and shall release him. (3) Every person who is arrested shall be informed promptly of the grounds of his arrest and of any charge against him and shall be allowed to consult a legal practitioner of his own choice without delay. (4) Every person who is arrested or otherwise detained shall be produced before a Judge of the Supreme Court, some other judicial officer, the Registrar of the Supreme Court or of any subordinate Court or any Deputy Registrar of the Supreme Court or of any subordinate Court from time to time approved in writing for this purpose by the Registrar of the Supreme Court (hereinafter collectively referred to as "remanding officers") within a period of 24 hours (excluding the time of any necessary journey), and no such person shall be detained beyond that period without the authority of one of the remanding officers.
7. Freedom from inhuman treatment - No person shall be subjected to torture or to inhuman or degrading treatment or punishment. 8. Freedom from forced labour - (1) No person shall be required to perform forced or compulsory labour. (2) For the purposes of this Article, the term "forced or compulsory labour" shall not include:
(a) Any work required to be done in consequence of a sentence of a Court; or
(b) Any service of a military character or, in the case of conscientious objectors, service exacted instead of compulsory military service; or
(c) Any service exacted in case of an emergency or calamity threatening the life or well-being of the community; or
(d) Any work or service which is required by Samoan custom or which forms part of normal civic obligations.
9. Right to a fair trial - (1) In the determination of his civil rights and obligations or of any charge against him for any offence, every person is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established under the law. Judgment shall be pronounced in public, but the public and representatives of news service may be excluded from all or part of the trial in the interests of morals, public order or national security, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the Court in special circumstances where publicity would prejudice the interests of justice. (2) Nothing in clause (1) shall invalidate any law by reason only that it confers upon a tribunal, Minister or other authority power to determine questions arising in the administration of any law that affect or may affect the civil rights of any person. (3) Every person charged with an offence shall be presumed innocent until proved guilty according to law. (4) Every person charged with an offence has the following minimum rights:
(a) To be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
(b) To have adequate time and facilities for the preparation of his defence;
(c) To defend himself in person or through legal assistance of his own choosing and, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
(d) To examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
(e) To have the free assistance of an interpreter, if any doubt exists as to whether he can understand or speak the language used in Court.
(5) No person accused of any offence shall be compelled to be a witness against himself. 10. Rights concerning criminal law - (1) No person shall be convicted of an offence other than an offence defined by law. (2) No person shall be held guilty of any offence on account of any act or omission which did not constitute an offence at the time when it was committed; nor shall a heavier penalty be imposed than the one that was applicable at the time that the offence was committed. (3) No person who has been tried for any offence shall, after conviction or acquittal, again be tried for that offence except:
(a) Where a retrial is ordered or conducted by a Court or judicial officer exercising a jurisdiction superior to that under which that person was acquitted or convicted; or
(b) In the case of a conviction entered in a trial conducted by a Judge or Judges of the Supreme Court, where a retrial is ordered by a Judge of that Court on an application made within 14 days of that conviction.
11. Freedom of religion - (1) Every person has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in a community with others, and, in public or private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. (2) Nothing in clause (1) shall affect the operation of any existing law or prevent the State from making any law in so far as that existing law or the law so made imposes reasonable restrictions on the exercise of the right conferred under the provisions of that clause in the interests of national security or of public order, health or morals, or for protecting the rights and freedom of others, including their rights and freedom to observe and practice their religion without the unsolicited interference of members of other religions. 12. Rights concerning religious instruction - (1) No person attending any educational institution shall be required to receive religious instruction or take part in any religious ceremony or attend religious worship, if that instruction, ceremony or worship relates to a religion other than his own. (2) Every religious community or denomination shall have the right to establish and maintain educational institutions of its own choice and to provide therein religious instruction for pupils of that community or denomination. (3)