Chief Justice of Samoa

The chief justice of Samoa (Samoan: Faamasino Sili o le Faamasinoga Sili o Samoa) is the chief justice of the Supreme Court of Samoa. The qualifications and powers of the office are governed by Part VI of the Constitution of Samoa and the Judicature Ordinance 1961. The position is currently held by Satiu Simativa Perese.

Under the American–British–German condominium, the Supreme Court of Justice for Samoa was established by Article III of the Treaty of Berlin (1889), with the single judge of the court being called the Chief Justice per Section 1 of that Article. The first Chief Justice was Swedish jurist Conrad Cedercrantz, who was appointed in 1890. The position of Chief Justice was subsequently held by Americans Henry Clay Ide from 1893 to 1897 and William Lea Chambers from 1897 to 1899. Chambers' ruling in the kingship dispute between Malietoa Tanumafili I and Mata'afa Iosefo in December 1898 angered the Germans and led to the Second Samoan Civil War.

After the war ended in 1899, Samoa was partitioned into separate German and American colonies in accordance with the Tripartite Convention which superseded the Treaty of Berlin, abolishing the position of Chief Justice. The existing German consular court at Apia was then converted into a court of second instance, headed by a chairman. The chief judicial officer was the Imperial Chief Judge (German: Kaiserlicher Oberrichter), who was advised on matters of Samoan customary law by a Samoan Chief Judge (Samoan: Faʻamasino Sili). The first colonial governor Wilhelm Solf appointed Erich Schultz-Ewerth to the position of Imperial Chief Judge. Schultz succeeded Solf as governor in 1910 but continued to hold the position of Imperial Judge as well.

German rule was ended by New Zealand's occupation of German Samoa in 1914. New Zealand then ruled Samoa as a League of Nations mandate and subsequently a United Nations Trust Territory from 1920 to 1962, officially called the Western Samoa Trust Territory. During this period, Part III of the Samoa Constitution Order 1920 provided for a High Court of Western Samoa, headed by a Chief Judge. John Luxford served as Chief Judge from 1929 to 1935, during which time he was involved in controversies including the inquest into Black Saturday and the deportation of Olaf Frederick Nelson.

After independence in 1962, New Zealand expatriates continued to hold the post of Chief Justice for some years, as in other Pacific Islands Commonwealth countries. Public demand for a Samoan to be appointed to the position became stronger in the wake of CJ Bryan Nicholson's controversial decision to uphold an election petition to remove two members of the Legislative Assembly who had been returned in the 1979 general election. The first Samoan to become Chief Justice was Vaovasamanaia Phillips, appointed in 1983.

The O le Ao o le Malo (the head of state) appoints the Chief Justice, acting on the advice of the Prime Minister. Judges of the Supreme Court, including the Chief Justice, must have eight years' total experience as barristers in Samoa or other approved countries, and must meet other qualifications prescribed by the Head of State, acting on the advice of the Judicial Service Commission. A Samoan citizen appointed as Chief Justice has life tenure until reaching the age of 68, which may be extended by the Head of State acting on the advice of the Prime Minister, while a non-Samoan citizen is appointed for a term of years. Judges of the Supreme Court may only be removed by the Head of State with the approval of a two-thirds supermajority of the Legislative Assembly, though the Head of State acting on the advice of the Prime Minister may suspend the Chief Justice when the Legislative Assembly is not in session.

Historically, under the Treaty of Berlin the Chief Justice was appointed by agreement among the three state parties, or failing that by the King of Sweden and Norway, and could be removed either by the appointing authority, or at the request of at least two of the three state parties.

Under New Zealand administration, the Chief Judge was appointed by, and held office at the pleasure of, New Zealand's Minister of External Affairs.