67. Are there provisions for conflict of interests for candidates and/or elected officials?
Samoa
8. Public servants to resign when wanting to become a candidate – (1) As an exception to any other enactment, if a public servant wants to be nominated as a candidate for election as a Member of Parliament, the public servant must resign from the public service pursuant to the law that regulates public servants.
(2) A public servant who does not resign pursuant to subsection (1) is taken to have resigned from the date of filing his or her nomination.
(3) In this section, “public servant” means a person appointed or engaged under the Public Service Act 2004, and includes:
(a) a Judge of any Court;
(b) a police officer, prison officer, member of other disciplined force or any uniformed branch of any defence force established by law;
(c) a member of a board of or person employed or engaged by a public body the Public Bodies (Performance and Accountability) Act 2001;
(d) a person employed or engaged by any other office of the Government or State established by law;
(e) a member of any government board, commission, committee, corporation or council, whether or not established by law;
(f) any person or a member of an office or body, prescribed by regulations.
Source: Article 8, Electoral Act 1963 as consolidated to December 2016
3. CEO contesting an election-(1) A person who has been appointed as a CEO under section 12 of the Act and who desires to become a candidate for election as a Member of Parliament is required to take, and shall be granted, special leave of absence for the purpose of that candidature.
(2) That special leave shall commence on a day to be nominated by the CEO, being a day not later than nomination day, and continues until the CEO withdraws the nomination before nomination day or, in any other case, the 7th day after polling day.
(3) During that period of special leave, the CEO shall not be required or permitted to carry out any official duties and is not entitled to receive any salary or other remuneration except in relation to any other paid leave to which the CEO is entitled.
(4) Subject to subregulation (5), during that period of special leave, the CEO is not entitled to use any government property such as a motor vehicle which otherwise would be available to the CEO as part of the terms and conditions of appointment of the CEO.
(5) Subregulation (4) does not apply in relation to any government housing or housing assistance to which the CEO is entitled.
(6) For the purposes of subsection 12(6) of the Act, the terms and conditions of appointment of the CEO under subsection 12(4) of the Act are accordingly varied.
Source: Article 3, Election Candidate Regulations 2006
4. Contract employee contesting an election-(1) A contract employee who desires to become a candidate for election as a Member of Parliament is required to take, and shall be granted, special leave of absence for the purpose of that candidature.
(2) That special leave shall commence on a day to be nominated by the employee, being a day not later than nomination day, and continues until the employee withdraws the nomination before nomination day or, in any other case, the 7th day after polling day.
(3) During that period of special leave, the employee shall not be required or permitted to carry out any official duties and is not entitled to receive any salary or other remuneration except in relation to any other paid leave to which the employee is entitled.
(4) Subject to subregulation (5), during that period of special leave, the employee is not entitled to use any government property such as a motor vehicle which otherwise would be available to the employee as part of the terms and conditions of appointment of the employee.
(5) Subregulation (4) does not apply in relation to any government housing or housing assistance to which the employee is entitled.
(6) For the purposes of subsection 72(2) of the Act, the terms and conditions of appointment of contract employees are accordingly varied.
Source: Article 4, Election Candidate Regulations 2006
23. No member to vote if he or she has direct pecuniary interest – (1) A member shall not in or before the Assembly or any committee thereof take part in the discussion of any matter in which the member has a direct pecuniary interest without disclosing the extent of that interest.
(2) A member who acts in contravention of this section may be adjudged guilty of contempt by the Assembly and is liable to the penalties provided in section 21 for such contempt.
Source: Article 23, Legislative Assembly Powers and Privileges Ordinance 1960 consolidated to December 2016
Public servants must resign before nominating as a candidate and CEOs and government contractors must take special leave when nominating as a candidate. Elected officials may not vote on any matter in which they have a direct pecuniary interest without disclosing the extent of that interest
