Legal System of Samoa
Samoa is located in Australia Oceania. It is geographically situated in oceania, group of islands in the south pacific ocean, about halfway between hawaii and new zealand. The country achieved independence on 1 january 1962 (from new zealand-administered un trusteeship). The capital is Apia.
Government Overview
Government Type: parliamentary republic Chief of State: TUIMALEALI’IFANO Va’aletoa Sualauvi II (since 21 July 2017) Head of Government: Prime Minister LA’AULIALEMALIETOA La’auli Leuatea Schmidt (since 16 September 2025) Cabinet: Cabinet appointed by the chief of state on the advice of the prime minister Administrative Divisions: 11 districts; A’ana, Aiga-i-le-Tai, Atua, Fa’asaleleaga, Gaga’emauga, Gagaifomauga, Palauli, Satupa’itea, Tuamasaga, Va’a-o-Fonoti, Vaisigano National Holiday: Independence Day Celebration, 1 June (1962) Suffrage: 21 years of age; universal
Legal System
The legal system of Samoa is described as mixed system of English common law and customary law; judicial review of legislative acts involving fundamental citizen rights International Law: has not submitted an ICJ jurisdiction declaration; accepts ICCt jurisdiction
Constitutional Framework
The constitution has the following history: several previous (pre-independence); latest 1 January 1962 Amendment Process: proposed as an act by the Legislative Assembly; passage requires at least two-thirds majority vote by the Assembly membership in the third reading, provided at least 90 days have elapsed since the second reading, and assent of the chief of state; passage of amendments affecting constitutional articles on customary land or constitutional amendment procedures also requires at least two-thirds majority approval in a referendum
Judicial Branch
Highest Court(s): Court of Appeal (consists of the chief justice and 2 Supreme Court judges and meets once or twice a year); Supreme Court (consists of the chief justice and several judges) Judge Selection: chief justice appointed by the chief of state on the advice of the prime minister; other Supreme Court judges appointed by the Judicial Service Commission, a 3-member body chaired by the chief justice and includes the attorney general and an appointee of the Minister of Justice; judges normally serve until retirement at age 68 Subordinate Courts: District Court; Magistrates’ Courts; Land and Titles Courts; village chief councils
Legislative Branch
The legislative structure consists of unicameral
Citizenship and Suffrage
Citizenship by Birth: no Citizenship by Descent: at least one parent must be a citizen of Samoa Suffrage: 21 years of age; universal
Historical Background
The first Austronesian settlers arrived in Samoa around 1000 B.C., and early Samoans traded and intermarried with Fijian and Tongan nobility. The fa’amatai system of titles and nobility developed, which dominates Samoan politics to this day; all but two seats in the legislature are reserved for matai, or heads of families. A Dutch explorer was the first European to spot the islands in 1722.
This article provides a summary of the legal system and governmental structure of Samoa based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.