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Kiribati Consolidated Legislation |
THE CONSTITUTION OF KIRIBATI
ARRANGEMENT OF SECTIONS
CHAPTER
I
THE REPUBLIC AND
THE CONSTITUTION
Section
1.
Declaration of Republic
2.
Constitution is supreme law
CHAPTER
II
PROTECTION OF
FUNDAMENTAL RIGHTS AND
FREEDOMS
OF THE
INDIVIDUAL
3. Fundamental rights and
freedoms of the individual
4.
Protection of right to life.
5.
Protection of right to personal
liberty
6. Protection from slavery and
forced labour
7. Protection from
inhuman treatment
8. Protection from
deprivation of property
9. Protection
for privacy of home and other
property
10. Provisions to secure
protection of law
11. Protection of
freedom of conscience
12. Protection
of freedom of expression
13.
Protection of freedom of assembly and
association
14. Protection of freedom
of movement
15. Protection from
discrimination on the grounds of race,
etc
16. Provisions for periods of
public emergency
17. Enforcement of
protective provisions
18.
Interpretation and savings
CHAPTER
III
CITIZENSHIP
19. Rights of persons of
I-Kiribati descent
20. Persons born,
naturalised or registered in Kiribati before Independence
Day
21. Persons born outside Kiribati
before Independence Day
22. Wives of
persons who become citizens on Independence
Day
23. Persons entitled to be
registered as citizens
24. Avoidance
of dual nationality
25. Persons born
after the day prior to Independence
Day
26. Marriage to citizens of
Kiribati
27. Commonwealth
citizens
28. Powers of the Maneaba ni
Maungatabu
29.
Interpretation
CHAPTER
IV
THE
EXECUTIVE
Part I - The Beretitenti
30. The office of
Beretitenti
31. First
Beretitenti
32. Election of
Beretitenti
33. Tenure of office of
Beretitenti
34. Removal of Beretitenti
on grounds of incapacity
35. Vacancy
in the office of Beretitenti
36.
Discharge of functions of Beretitenti during absence, illness,
etc
37. Oath of
Beretitenti
38. Conduct of elections
of Beretitenti
Part II - The Kauoman-ni-Beretitenti
39.
Kauoman-ni-Beretitenti
Part III - The Cabinet
40. The
Cabinet
41. The
Ministers
42.
Attorney-General
43. Oath of Cabinet
members
44. Secretary to the
Cabinet
Part IV - Executive Functions
45. Executive authority of
Kiribati
46. Functions of
Beretitenti
47. Functions of
Ministers
48. Proceedings in
Cabinet
49. Council of
State
50. Prerogative of
mercy
51. Constitution of
offices
CHAPTER
V
THE
LEGISLATURE
Part I - Composition
52 Establishment of
Maneaba ni Maungatabu
53 Composition
of Maneaba
54. Election of elected
members
55. Qualifications for elected
membership
56. Disqualifications for
elected membership
57. Tenure of
office of elected members
58. Vacation
of seat on sentence
59. Vacation of
seat after petition and referendum
60.
Determination of questions as to
membership
61. Penalty for sitting or
voting whilst unqualified
62.
Electoral Commission
63 Functions of
Electoral Commission
64. The
franchise
65. Salaries of
members
Part II - Legislation and Procedure
66. Power to make
laws
67. Rules of
procedure
68 Introduction of Bills,
etc
69. Alteration of
Constitution
70. Oath of
members
71. The
Speaker
79. Presiding in
Maneaba
73
Voting
74.
Quorum
75. Proceedings in
Maneaba
76 Privileges of
Maneaba
Part III - Summoning, Dissolution and Elections
77. Summoning of
Maneaba
78. Dissolution of
Maneaba
79. General elections and
by-elections
CHAPTER
VI
THE
JUDICIARY
Part I - The High Court
80. Establishment of High
Court
81. Appointment of Judges of
High Court
82. Oath of
judges
83. Tenure of office of judges
of High Court
84. Commissioners of
High Court
85. Oath of
Commissioners
86. Judge may sit after
appointment has terminated
87. Seal of
High Court
88. Jurisdiction of High
Court in constitutional questions
89.
High Court and subordinate courts
Part II - The Court of Appeal
90. Establishment of Court
of Appeal
91. Judges of Court of
Appeal
92. Oath of
office
93. Tenure of office of judges
of Court of Appeal
94. Judge may sit
after appointment has terminated
95.
Seal of Court of Appeal
Part III - General
96. Court
officers
97. Rules of
court
CHAPTER
VII
THE PUBLIC
SERVICE
98. Public Service
Commission
99. Appointments, etc., of
public employees
100. Appointment of
certain public employees
101. Tenure
of office of certain public
employees
102. Appointment, etc., of
junior police officers
103.
Applicability of pensions law
104.
Pensions, etc., charged on the Consolidated
Fund
105. Grant and withholding of
pensions, etc
CHAPTER
VIII
FINANCE
106.
Taxation
107. Consolidated Fund and
Special Funds
108. Withdrawal of money
from the Consolidated Fund
109.
Authorisation of expenditure
110.
Authorisation of expenditure in advance of
appropriation
111. Delay in
Appropriation Act owing to
dissolution
112. Public
debt
113. Remuneration of certain
persons
114. The Director of
Audit
115. Public Accounts
Committee
116.
Interpretation
CHAPTER
IX
BANABA AND THE
BANABANS
117. Nominated member of
Maneaba ni Maungatabu
118. Elected
representation in Maneaba
119. Land on
and access to Banaba
120. Movement of
persons into Banaba
121. Banaba Island
Council
122. Independent Commission of
Inquiry
123. Appeals to Judicial
Committee
124
Entrenchment
125.
Interpretation
CHAPTER
X
MISCELLANEOUS
126. Disciplined
forces
127. Kiribati text of
Constitution
128. National
seal
129.
Oaths
130.
Resignations
131. Performance of
functions of Commissions and
Tribunals
132.
Interpretation
133. References to
public office, etc.
134. Powers of
appointment and acting
appointments
135. Reappointments and
concurrent appointments
136. Removal
from office
137. Saving for
jurisdiction of courts
138. Power to
amend and revoke instruments, etc.
139
Consultation
SCHEDULE
I
OATHS AND AFFIRMATIONS
SCHEDULE
2
TERRITORY OF KIRIBATI
------------------------------
THE CONSTITUTION OF KIRIBATI
We the people of Kiribati,
acknowledging God as the Almighty Father in whom we put our trust, and with
faith in the enduring value
of our traditions and heritage, do now grant
ourselves this Constitution establishing a sovereign democratic
State.
In implementing this
Constitution, we declare that-
1.
the will of the people shall ultimately be paramount in the conduct of the
government of Kiribati;
2. the
principles of equality and justice shall be
upheld
3. the natural resources of
Kiribati are vested in the people and their
Government;
4. we shall continue
to cherish and uphold the customs and traditions of Kiribati.
CHAPTER
I
THE REPUBLIC AND
THE CONSTITUTION
Declaration
of Republic
1. Kiribati is a
sovereign democratic
Republic.
Constitution
is supreme law
2. This
Constitution is the supreme law of Kiribati and if any other law is inconsistent
with this Constitution, that other law shall,
to the extent of the
inconsistency, be void.
CHAPTER
II
PROTECTION OF
FUNDAMENTAL RIGHTS AND
FREEDOMS
OF THE
INDIVIDUAL
Fundamental
rights and freedoms of the
individual
3. Whereas every person
in Kiribati is entitled to the fundamental rights and freedoms of the
individual, that is to say, the right,
whatever his race, place of origin,
political opinions, colour, creed or sex, but subject to respect for the rights
and freedoms
of others and for the public interest, to each and all of the
following, namely-
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for the privacy of his home and other property and from deprivation of property without compensation,
the
provisions of this Chapter shall have effect for the purpose of affording
protection to those rights and freedoms subject to such
limitations on that
protection as are contained in those provisions, being limitations designed to
ensure that the enjoyment of the
said rights and freedoms by any individual does
not prejudice the rights and freedoms of others or the public
interest.
Protection
of right to life
4.
(1) No person shall be deprived of his life intentionally save in execution of
the sentence of a court in respect of a criminal
offence under the law in force
in Kiribati of which he has been convicted.
(2)
A person shall not be regarded as having been deprived of his life in
contravention of this section if he dies as the result of
the use, to such
extent and in such circumstances as are permitted by law, of such force as is
reasonably justifiable-
(a) for the defence of any person from violence or for the defence of property;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or mutiny; or
(d) in order to prevent the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war.
Protection
of right to personal liberty
5.
(1) No person shall be deprived of his personal liberty save as may be
authorised by law in any of the following cases, that is
to say-
(a) in consequence of his unfitness to plead to a criminal charge;
(b) in execution of the sentence or order of a court, whether established for Kiribati or some other country, in respect of a criminal offence of which he has been convicted;
(c) in execution of the order of a court of record punishing him for contempt of that court or of a court inferior to it;
(d) in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law;
(e) for the purpose of bringing him before a court in execution of the order of a court;
(f) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in Kiribati;
(g) in the case of a person who has not attained the age of eighteen years, under the order of a court or with the consent of his parent or guardian, for the purpose of his education or welfare;
(h) for the purpose of preventing the spread of an infectious or contagious disease;
(i) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant for the purpose of his care or treatment or the protection of the community;
(j) for the purpose of preventing the unlawful entry of that person into Kiribati, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Kiribati or for the purpose of restricting that person while he is being conveyed through Kiribati in the course of his extradition or removal as a convicted prisoner from one country to another; or
(k) to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Kiribati or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person relating to the making of any such order, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of Kiribati in which in consequence of any such order, his presence would otherwise be unlawful.
(2)
Any person who is arrested or detained shall be informed as soon as reasonably
practicable, and in a language that he understands,
of the reasons for his
arrest or detention.
(3) Any
person who is arrested or detained-
(a) for the purpose of bringing him before a court in execution of the order of a court; or
(b) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in Kiribati,
and who is not released, shall be brought without undue delay before a court; and if any person arrested or detained upon reasonable suspicion of his having committed or being about to commit a criminal offence is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.
(4)
Any person who is unlawfully arrested or detained by any other person shall be
entitled to compensation therefor from that other
person.
Protection from slavery and forced labour
6.
(1) No person shall be held in slavery or servitude.
(2)
No person shall be required to perform forced
labour.
(3) For the purposes of
this section, the expression "forced labour" does not include-
(a) any labour required in consequence of the sentence or order of a court;
(b) any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;
(c) any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a disciplined force, any labour that that person is required by law to perform in place of such service;
(d) any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation; or
(e) any labour reasonably required as part of reasonable and normal communal or other civic obligations.
Protection from inhuman treatment
7.
(1) No person shall be subjected to torture or to inhuman or degrading
punishment or other treatment.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any description of punishment that was lawful in Kiribati immediately before the coming into operation of this Constitution.
Protection
from deprivation of property
8.
(1) No property of any description shall be compulsorily taken possession of,
and no interest in or right over property of any
description shall be
compulsorily acquired, except where the following conditions are satisfied, that
is to say-
(a) the taking of possession or acquisition is necessary or expedient in the interests of defence, public safety, public order, public morality, public health town or country planning or the development or utilisation of any property for a public purpose; and
(b) there is reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the property; and
(c) provision is made by a law applicable to that taking of possession or acquisition-
(i) for the payment of adequate compensation within a reasonable time; and
(ii) securing to any person having an interest in or right over the property a right of access to the High Court, whether direct or on appeal from any other authority, for the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right and the amount of any compensation to which he is entitled, and for the purpose of obtaining that compensation.
(2)
Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of this
section-
(a) to the extent that the law in question makes provision for the taking of possession or acquisition of any property-
(i) in satisfaction of any tax, rate or duty;
(ii) by way of penalty for breach of the law of forfeiture in consequence of a breach of the law;
(iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
(iv) in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;
(v) in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or injurious to the health of human beings, animals or plants;
(vi) in consequence of any law with respect to the limitation of actions or acquisitive prescription;
(vii) for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, the carrying out thereon-
(A) of work of soil conservation or of conservation of other natural resources; or
(B) of work relating to agricultural development or improvement which the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out; or
(viii) pursuant to rights granted to any person to prospect for or mine minerals where the law in question makes reasonable provision for the payment of royalties and provides for adequate compensation for disturbance of surface rights,
except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; or
(b) to the extent that the law in question makes provision for the taking of possession or acquisition of-
(i) enemy property;
(ii) property of a deceased person, a person of unsound mind, a person who has not attained the age of eighteen years or a person who is absent from Kiribati, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;
(iii) property of a person declared to be insolvent or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the insolvent or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or
(iv) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.
(3) Nothing in this section shall be construed as affecting the making or operation of any law for the compulsory taking of possession in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or right is held by a body corporate established for public purposes by any law and in which no money s have been invested other than moneys provided by the Government.
Protection
for privacy of home and other property
9.
(1) Except with his own consent, no person shall be subjected to the search of
his person or his property or the entry by others
on his premises.
(2)
Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of this
section to the extent that the law
in question makes provision-
(a) in the interests of defence, public safety, public order, public morality, public health, town or country planning, the development or utilisation of mineral resources, or the development or utilisation of any other property in such a manner as to promote the public benefit;
(b) for the purpose of protecting the rights or freedoms of other persons;
(c) for the purpose of authorising an officer or agent of the Government, a local government council or a body corporate established by law for a public purpose to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or duty or in order to carry out work connected with any property that is lawfully on those premises and that belongs to that Government, council or body corporate, as the case may be;
(d) for the purpose of authorising the entry upon any premises in pursuance of an order of a court for the purpose of enforcing the judgment or order of a court in any proceedings; or
(e) for the purpose of authorising the entry upon any premises for the purpose of preventing or detecting criminal offences,
and except so far as that provision or, as the case may be, any thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
Provisions to secure protection of law
10.
(1) If any person is charged with a criminal offence, then, unless the charge is
withdrawn, the case shall be afforded a fair
hearing within a reasonable time by
an independent and impartial court established by law.
(2)
Every person who is charged with a criminal offence-
(a) shall be presumed to be innocent until he is proved or has pleaded guilty;
(b) shall be informed as soon as reasonably practicable, in detail and in a language that he understands, of the nature of the offence charged;
(c) shall be given adequate time and facilities for the preparation of his defence;
(d) shall be permitted to defend himself before the court in person or, at his own expense, by a representative of his own choice;
(e) shall be afforded facilities to examine in person or by his representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and
(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge,
and,
except with his own consent, the trial shall not take place in his absence
unless he so conducts himself as to render the continuance
of the proceedings in
his presence impracticable and the court has ordered him to be removed and the
trial to proceed in his
absence.
(3) When a person is
tried for any criminal offence, the accused person or any person authorised by
him in that behalf shall, if he
so requires and subject to payment of such
reasonable fee as may be prescribed by law, be given within a reasonable time
after judgment
a copy for the use of the accused person of any record of the
proceedings made by or on behalf of the
court.
(4) No person shall be held
to be guilty of a criminal offence on account of any act or omission that did
not, at the time it took
place, constitute such an offence, and no penalty shall
be imposed for any criminal offence that is severer in degree or description
than the maximum penalty that might have been imposed for that offence at the
time when it was committed.
(5) No
person who shows that he has been tried by a competent court for a criminal
offence and either convicted or acquitted shall
again be tried for that offence
or for any other criminal offence of which he could have been convicted at the
trial for that offence,
save upon the order of a superior court in the course of
appeal or review proceedings relating to the conviction or
acquittal.
(6) No person shall be
tried for a criminal offence if he shows that he has been pardoned for that
offence.
(7) No person who is
tried for a criminal offence shall be compelled to give evidence at the
trial.
(8) Any court or other
adjudicating authority prescribed by law for the determination of the existence
or extent of any civil right
or obligation shall be established or recognised by
law and shall be independent and impartial; and where proceedings for such a
determination are instituted by any person before such a court or other
adjudicating authority, the case shall be given a fair hearing
within a
reasonable time.
(9) Except with
the agreement of all the parties thereto, all proceedings of every court and
proceedings for the determination of
the existence or extent of any civil right
or obligation before any other adjudicating authority, including the
announcement of the
decision of the court or other authority, shall be held in
public.
(10) Nothing in the
preceding subsection shall prevent the court or other adjudicating authority
from excluding from the proceedings
persons other than the parties thereto and
their representatives to such extent as the court or other
authority-
(a) may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of decency, public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or
(b) may by law be empowered or required so to do in the interests of defence, public safety or public order.
(11)
Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of-
(a) subsection (2) (a) of this section to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts;
(b) subsection (2) (e) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or
(c) subsection (5) of this section to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law.
(12)
In this section "criminal offence" means a criminal offence under the law in
force in Kiribati.
Protection of freedom of conscience
11.
(1) Except with his own consent, no person shall be hindered in the enjoyment of
his freedom of conscience, and for the purposes
of this section the said freedom
includes freedom of thought and of religion, freedom to change his religion or
belief, and freedom,
either alone or in community with others, and both in
public and in private, to manifest and propagate his religion or belief in
worship, teaching, practice and observance.
(2)
Every religious community shall be entitled, at its own expense, to establish
and maintain places of education and to manage any
place of education which it
wholly maintains.
(3) No religious
community shall be prevented from providing religious instruction for persons of
that community in the course of
any education provided at any place of education
which it wholly maintains or in the course of any education which it otherwise
provides.
(4) Except with his own
consent (or, if he is a person who has not attained the age of eighteen years,
the consent of his guardian)
no person attending any place of education shall be
required to receive religious instruction or to take part in or attend any
religious
ceremony or observance if that instruction, ceremony or observance
relates to a religion other than his
own.
(5) No person shall be
compelled to take any oath which is contrary to his religion or belief or to
take any oath in a manner which
is contrary to his religion or
belief.
(6) Nothing contained in
or done under the authority of any law shall be held to be inconsistent with or
in contravention of this
section to the extent that the law in question makes
provision which is reasonably required-
(a) in the interests of defence, public safety, public order, public morality or public health; or
(b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without the unsolicited intervention of members of any other religion,
and
except so far as that provision or, as the case may be, the thing done under the
authority thereof is shown not to be reasonably
justifiable in a democratic
society.
(7) References in this
section to a religion shall be construed as including references to a religious
denomination and cognate expressions
shall be construed accordingly.
Protection
of freedom of expression
12.
(1) Except with his own consent, no person shall be hindered in the enjoyment of
his freedom of expression, and for the purposes
of this section the said freedom
includes the freedom to hold opinions without interference, freedom to receive
ideas and information
without interference, freedom to communicate ideas and
information without interference and freedom from interference with his
correspondence.
(2)
Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of this
section to the extent that the law
in question makes provision-
(a) in the interests of defence, public safety, public order, public morality or public health;
(b) for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, or regulating the administration or the technical operation of telephony, telegraphy, posts, wireless or broadcasting; or
(c) that imposes restrictions upon public employees,
and
except so far as that provision or, as the case may be, the thing done under the
authority thereof is shown not to be reasonably
justifiable in a democratic
society.
Protection of freedom of assembly and association
13.
(1) Except with his own consent, no person shall be indfered
(sic)
in the enjoyment of his freedom of assembly and association, that is to say, his
right to assemble freely and associate with other
persons and in particular to
form or belong to associations for the advancement or protection of his
interests.
(2)
Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of this
section to the extent that the law
in question makes provision-
(a) in the interests of defence, public safety, public order, public morality or public health;
(b) for the purpose of protecting the rights or freedoms of other persons; or
(c) that imposes restrictions upon public employees,
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
Protection
of freedom of movement
14.
(1) No person shall be deprived of his freedom of movement, and for the purposes
of this section the said freedom means the right
to move freely throughout
Kiribati, the right to reside in any part of Kiribati, the right to enter and to
leave Kiribati and immunity
from expulsion from Kiribati.
(2)
Any restriction on a person's freedom of movement that is involved in his lawful
detention shall not be held to be inconsistent
with or in contravention of this
section.
(3) Nothing contained in
or done under the authority of any law shall be held to be inconsistent with or
in contravention of this
section to the extent that the law in question makes
provision-
(a) for the imposition of restrictions on the movement or residence within Kiribati of any person or on any person's right to leave Kiribati that are reasonably required in the interests of defence, public safety or public order;
(b) for the imposition of restrictions on the movement or residence within Kiribati or on the right to leave Kiribati of persons generally or any class of persons that are reasonably required in the interests of defence, public safety, public order, public morality, public health, environmental conservation or in fulfilment of the international treaty obligations of Kiribati;
(c) for the imposition of restrictions on the movement or residence within Kiribati of any person who is not a citizen of Kiribati or the exclusion or expulsion from Kiribati of any such person;
(d) for the imposition of restrictions on the acquisition or use by any person of land or other property in Kiribati;
(e) for the imposition of restrictions upon the movement or residence within Kiribati of public employees that are reasonably required for the purpose of ensuring the proper performance of their functions;
(f) for the removal of a person from Kiribati to be tried or punished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in that other country in execution of the sentence of a court in respect of a criminal offence under the law in force in Kiribati of which he has been convicted;
(g) for the imposition of restrictions, by order of a court, on the movement or residence within Kiribati of any person or on any person's right to leave Kiribati either in consequence of his having been found guilty of a criminal offence under the law of Kiribati or for the purpose of ensuring that he appears before a court at a later date for trial or for proceedings relating to his extradition or lawful removal from Kiribati; or
(h) for the imposition of restrictions on the right of any person to leave Kiribati in order to secure the fulfilment of any obligations imposed upon that person by law, except so far as the provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
(4)
If any person whose freedom of movement has been restricted by virtue only of
such a provision as is referred to in subsection
(3) (a) of this section so
requests at any time during the period of that restriction not earlier than six
months after he last made
such a request during that period, his case shall be
reviewed by an independent and impartial
Tribunal.
(5) On any review by a
Tribunal in pursuance of the preceding subsection of the case of a person whose
freedom of movement has been
restricted, the Tribunal may make recommendations
concerning the necessity or expediency of continuing the restriction to the
authority
by which it was ordered but, unless it is otherwise provided by law,
that authority shall not be obliged to act in accordance with
any such
recommendations.
Protection
from discrimination on the grounds of race, etc.
15.
(1) Subject to the provisions of subsections (4), (5) and (8) of this section,
no law shall make any provision that is discriminatory
either of itself or in
its effect.
(2)
Subject to the provisions of subsections (6), (7) and (8) of this section, no
person shall be treated in a discriminatory manner
by any person acting by
virtue of any written law or in the performance of the functions of any public
office or any public
authority.
(3) In this section,
the expression " discriminatory" means affording different treatment to
different persons attributable wholly
or mainly to their respective descriptions
by race, place of origin, political opinions, colour or creed whereby persons of
one such
description are subjected to disabilities or restrictions to which
persons of another such description are not made subject or are
accorded
privileges or advantages which are not accorded to persons of another such
description.
(4) Subsection (1) of
this section shall not apply to any law so far as that law makes
provision-
(a) for the imposition of taxation or the appropriation of revenue by the Government or any local authority or body for local purposes;
(b) with respect to persons who are not citizens of Kiribati;
(c) for the application, in the case of persons of any such description as is mentioned in the preceding subsection (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description;
(d) with respect to land, the tenure of land, the resumption and acquisition of land and other like purposes; or
(e) whereby persons of any such description as is mentioned in the preceding subsection may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.
(5)
Nothing contained in any law shall be held to be inconsistent with or in
contravention of subsection (1) of this section to the
extent that it makes
provision with respect to standards or qualifications (not being standards or
qualifications specifically relating
to race, place of origin, political
opinions, colour or creed) to be required of any person who is appointed to any
office in the
public service, any office in a disciplined force, any office in
the service of a local government council or any office in a body
corporate
established directly by any law for public
purposes.
(6) Subsection (2) of
this section shall not apply to anything which is expressly or by necessary
implication authorised to be done
by any such provision of law as is referred to
in subsection (4) or (5) of this
section.
(7) Subsection (2) of
this section shall not affect any discretion relating to the institution,
conduct or discontinuance of civil
or criminal proceedings in any court that is
vested in any person by or under this Constitution or any other
law.
(8) Nothing contained in or
done under the authority of any law shall be held to be inconsistent with or in
contravention of this
section to the extent that the law in question makes
provision whereby persons of any such description as is mentioned in subsection
(3) of this section may be subjected to any restriction on the rights and
freedoms guaranteed by sections 9, 11, 12, 13, and 14 of
this Constitution,
being such a restriction as is authorised by section 9(2), 11(6), 12(2), 13(2),
or 14(3), as the case may be.
(9)
Nothing contained in or done under the authority of any law shall be held to be
inconsistent with the provisions of this section-
(a) if that law was in force immediately before the coming into operation of this Constitution and has continued in force at all times since the coming into operation of this Constitution; or
(b) to the extent that the law repeals and re-enacts any provision which has been contained in any enactment at all times since immediately before the coming into operation of this Constitution.
Provisions
for periods of public emergency
16.
(1) In this Chapter "period of public emergency" means any period during
which-
(a) Kiribati is at war; or
(b) there is in force a proclamation made under this section.
(2)
The Beretitenti acting in accordance with the advice of the Cabinet, may at any
time declare that a state of public emergency
exists and make regulations for
the purpose of dealing with the public
emergency.
(3) Any declaration or
regulations under the preceding subsection shall be made by proclamation
published at the office of the
Beretitenti.
(4) A proclamation
made under this section, if not sooner revoked, shall cease to have effect at
the expiration of 3 days (or, in
the case of a proclamation made otherwise than
during a meeting of the Maneaba ni Maungatabu, 30 days) from the date of
publication
unless it has in the meantime been approved by a resolution of the
Maneaba, and a proclamation that has been so approved shall remain
in force so
long as the resolution remains in force and no
longer.
(5) Nothing contained in
or done under the authority of any law or regulation shall be held to be
inconsistent with or in convention
of section 5, 6(2), 9, 11, 12, 13, 14 or 15
of this Constitution to the extent that the law or regulation in question makes
in relation
to any period of public emergency provision, or authorises the doing
during any such period of any thing, that is reasonably justifiable
in the
circumstances of any situation arising or existing during the period for the
purpose of dealing with that situation.
(6)
Where a person is detained by virtue of such a law or regulation as is referred
to in the preceding subsection, the following
provisions shall apply, that is to
say-
(a) he shall, as soon as reasonably practicable and in any case not more than 10 days after the commencement of his detention, be furnished with a statement in writing, in a language that he understands, specifying in detail the grounds upon which he is detained;
(b) not more than 14 days after the commencement of his detention, a notification shall be published at the office of the Beretitenti stating that he has been detained and giving particulars of the provision of law under which his detention is authorised;
(c) not more than 1 month after the commencement of his detention and thereafter during his detention at intervals of not more than 6 months, his case shall be reviewed by an independent and impartial Tribunal consisting of a Chairman appointed by the Chief Justice and 2 other members appointed by the Chief Justice sitting with the Public Service Commission;
(d) he shall be afforded reasonable facilities to consult a representative of his own choice who shall be permitted to make representations to the Tribunal; and
(e) at the hearing of his case by the Tribunal he shall be permitted to appear in person or through a representative of his own choice.
(7)
On any review by a Tribunal in pursuance of this section of the case of a
detained person, the Tribunal may make recommendations
concerning the necessity
or expediency of continuing his detention to the authority by which it was
ordered but, unless it is otherwise
provided by law, that authority shall not be
obliged to act in accordance with any such
recommendations.
(8) Nothing in
subsection (6) (d) or (e) of this section shall be construed as entitling a
person to representation at public expense.
Enforcement
of protective provisions
17.
(1) Subject to the provisions of subsection (5) of this section, if any person
alleges that any of the provisions of sections
3 to 16 (inclusive) of this
Constitution has been, is being or is likely to be contravened in relation to
him (or in the case of
a person who is detained, if any other person alleges
such a contravention in relation to the detained person) then, without prejudice
to any other action with respect to the same matter which is lawfully available,
that person (or that other person) may apply to
the High Court for
redress.
(2)
The High Court shall have original jurisdiction-
(a) to hear and determine any application made by any person in pursuance of the preceding subsection;
(b) to determine any question arising in the case of any person which is referred to it in pursuance of the next following subsection,
and
may make such orders, issue such writs and give such directions as it may
consider appropriate for the purpose of enforcing or
securing the enforcement of
any of the provisions of sections 3 to 16 (inclusive) of this
Constitution:
Provided that the
High Court may decline to exercise its powers under this subsection if it is
satisfied that adequate means of redress
for the contravention alleged are or
have been available to the person concerned under other provisions of this
Constitution or under
any other law.
(3)
If in any proceedings in any subordinate court any question arises as to the
contravention of any of the provisions of sections
3 to 16 (inclusive) of this
Constitution, the person presiding in that court may, and shall if any party to
the proceedings so requests,
refer the question to the High Court unless, in his
opinion, the raising of the question is merely frivolous or
vexatious.
(4) The Maneaba ni
Maungatabu may by law confer upon the High Court powers additional to those
conferred by this section for the purpose
of enabling that court more
effectively to exercise the jurisdiction conferred upon it by this
section.
(5) Rules of court making
provision with respect to the practice and procedure of the High Court in
relation to the jurisdiction conferred
on it by or under this section (including
rules with respect to the time within which any application or reference shall
or may be
made or brought) may be made by the person or authority for the time
being having power to make rules of court with respect to the
practice and
procedure of that court generally.
Interpretation
and savings
18. (1) In this
Chapter, unless the context otherwise requires-
"contravention", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;
"court" means any court of law having jurisdiction in Kiribati other than a court established by a disciplinary law, and includes the Judicial Committee and in sections 4 and 6 of this Constitution a court established by a disciplinary law;
"disciplinary law" means a law regulating the discipline of any disciplined force;
"disciplined force" means-
(a) the Kiribati Police;
(b) the Prison Service;
(c) the Marine Protection Service;
(d) the Marine Training School;
"member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline.
(2)
In relation to any person who is a member of a disciplined force of Kiribati,
nothing contained in or done under the authority
of the disciplinary law of that
force shall be held to be inconsistent with or in contravention of any of the
provisions of this
Chapter other than sections 4, 6 and
7.
(3) In relation to any person
who is a member of a disciplined force that is not a disciplined force of
Kiribati and who is present
in Kiribati in pursuance of arrangements made
between the Government of Kiribati and another Government or an international
organisation,
nothing contained in or done under the authority of the
disciplinary law of that force shall be held to be inconsistent with or in
contravention of any of the provisions of this
Chapter.
(4) No measures taken in
relation to a person who is a member of a disciplined force of a country with
which Kiribati is at war and
no law, to the extent that it authorises the taking
of any such measures, shall be held to be inconsistent with or in contravention
of any of the provisions of this Chapter.
CHAPTER
III
CITIZENSHIP
Rights
of person of I-Kiribati
descent
19. Every person of
I-Kiribati descent shall have an inalienable right to enter and reside in
Kiribati and on Independence Day shall
as hereinafter provided, become or have
and continue to have thereafter the right to become a citizen of
Kiribati.
Persons
born, naturalised or registered in Kiribati before Independence Day
20.
(1) Every person of I-Kiribati descent who, having been born in Kiribati, is on
the day prior to Independence Day a citizen of
the United Kingdom and Colonies
shall become a citizen of Kiribati on Independence Day.
(2)
Every person not of I-Kiribati descent who, having been born in Kiribati, is an
eligible person shall become a citizen of Kiribati
on Independence
Day.
(3) Every person who is of
I-Kiribati descent or an eligible person and who acquired the status of citizen
of the United Kingdom and
Colonies under the British Nationality Acts 1948 to
1965 by virtue of having been naturalised or registered under those Acts, or
naturalised as a British subject before 1949, while resident in Kiribati, shall
become a citizen of Kiribati on Independence Day.
Persons
born outside Kiribati before Independence Day
21.
(1) Every person of I-Kiribati descent who having been born outside Kiribati is
on the day prior to Independence Day a citizen
of the United Kingdom and
Colonies shall, if his father becomes or would but for his death or renunciation
of his citizenship of
the United Kingdom and Colonies have become a citizen of
Kiribati by virtue of subsection (1) or (3) of the preceding section, become
a
citizen of Kiribati on Independence Day.
(2) Every person not of I-Kiribati descent who having been born outside Kiribati is an eligible person shall, if his father becomes or would but for his death have become a citizen of Kiribati by virtue of subsection (2) or (3) of the preceding section, become a citizen of Kiribati on Independence Day.
Wives
of persons who become citizens on Independence
Day
22. Every woman who, having
been married to a person who becomes, or would but for his death or renunciation
of his citizenship of
the United Kingdom and Colonies have become, a citizen of
Kiribati by virtue of section 20 or 21 of this Constitution, acquired the
status
of citizen of the United Kingdom and Colonies, automatically or by registration,
on the grounds of that marriage and who possesses
that status on the day prior
to Independence Day, shall become a citizen of Kiribati on Independence
Day.
Persons
entitled to be registered as
citizens
23. Every person of
I-Kiribati decent who does not become a citizen of Kiribati on Independence Day
by virtue of section 20, 21 or
22 of this Constitution shall, at any time
thereafter, be entitled upon making application in such manner as may be
prescribed to
be registered as a citizen of
Kiribati.
Avoidance
of dual nationality
24.
Any person, other than a person of I-Kiribati descent, who-
(a} has attained the age of 18 years before Independence Day;
(b) becomes a citizen of Kiribati by virtue of section 20 or 21 of this Constitution; and
(c) is on Independence Day a national of some other country,
shall cease to be a citizen of Kiribati at the expiry of a period of 2 years after Independence Day or such longer period as may be prescribed, unless before the expiry of that period he has renounced or lost his nationality of that other country or, if the law of that other country makes no provision for or does not permit him to renounce his nationality of that other country, made such a declaration as may be prescribed.
Persons
born after the day prior to Independence Day
25.
(1) Every person born in Kiribati after the day prior to Independence Day shall
become a citizen of Kiribati at the date of his
birth unless on that date, not
being a person of I-Kiribati descent or a person whose father is a citizen of
Kiribati, he becomes
a citizen of some other country:
Provided
that a person shall not become a citizen of Kiribati by virtue of this
subsection if at the time of his birth-
(a) his father possesses such immunity from suit and legal process as is accorded to any envoy of a foreign sovereign power accredited to Kiribati and neither of his parents is a citizen of Kiribati; or
(b) his father is a citizen of a country with which Kiribati is at war and the birth occurs in a place then under occupation of such country.
(2) Every person born outside Kiribati after the day prior to Independence Day shall become a citizen of Kiribati at the date of his birth if at that date his father is, or would but for his death have been, a citizen of Kiribati.
Marriage
to citizens of Kiribati
26. Any
women who after the day prior to Independence Day marries a person who is or
becomes a citizen of Kiribati shall be entitled,
upon making application in such
manner as may be prescribed, to be registered as a citizen of
Kiribati.
Commonwealth
citizens
27.
(1) Every person who under this Constitution or any other law is a citizen of
Kiribati or under any enactment for the time being
in force in any country to
which this section applies is a citizen of that country shall, by virtue of that
citizenship, have the
status of a Commonwealth citizen.
(2)
Every person who is a British subject without citizenship under the British
Nationality Act 1948, continues to be a British subject
under section 2 of that
Act or is a British subject under the British Nationality Act 1965 shall, by
virtue of that status, have
the status of a Commonwealth
citizen.
(3) Save as may be
otherwise provided by the Maneaba ni Maungatabu the countries to which this
section applies are Australia, The
Bahamas, Bangladesh, Barbados, Botswana,
Canada, Cyprus, Dominica, Fiji, The Gambia, Ghana, Grenada, Guyana, India,
Jamaica, Kenya,
Lesotho, Malawi, Malaysia, Malta, Mauritius, Nauru, New Zealand,
Nigeria, Papua New Guinea, Saint Lucia, Seychelles, Sierra Leone,
Singapore,
Solomon Islands, Southern Rhodesia, Sri Lanka, Swaziland, Tanzania, Tonga,
Trinidad and Tobago, Tuvalu, Uganda, the United
Kingdom and Colonies, Western
Samoa and Zambia.
Powers
of the Maneaba ni Maungatabu
28.
The Maneaba ni Maungatabu may make provision-
(a) for the acquisition of citizenship of Kiribati by persons who are not eligible or who are no longer eligible to become citizens of Kiribati by virtue of this Chapter;
(b) for the renunciation by any person of his citizenship of Kiribati;
(c) for the maintenance of a register of citizens of Kiribati who are also citizens of other countries;
(d) for depriving of his citizenship of Kiribati-
(i) any person not of I-Kiribati descent who is a citizen of Kiribati otherwise than by virtue of this Chapter;
(ii) any other person not of I-Kiribati descent who being a citizen of Kiribati has after the day prior to Independence Day acquired another nationality.
Interpretation
29.
(1) For the purpose of this Chapter-
(a) "a person of I-Kiribati descent" means a person one of whose ancestors was born in Kiribati before 1900;
(b) an "eligible person" means a person who on the day prior to Independence Day-
(i) is a citizen of the United Kingdom and Colonies, and
(ii) has no other nationality,
provided that-
(iii) neither he, his father nor his father's father was born in the United Kingdom or was registered or naturalised in the United Kingdom as a citizen of the United Kingdom and Colonies or a British subject;
(c) any reference to the father of a person shall, in relation to a person born out of wedlock, be construed as a reference to the mother of that person;
(d) a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the Government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.
(2)
For the purpose of the definition of "an eligible person" in subsection (1) (b)
of this section, where a person has a nationality
other than citizenship of the
United Kingdom and Colonies he shall be deemed to have lost that other
nationality if-
(a) the law of the country of that other nationality makes no provision for or does not permit him to renounce that nationality; and
(b) he has before Independence Day signed and delivered to the Government of the Gilbert Islands a declaration that he no longer regards himself as having that other nationality and will not claim the benefits of that nationality and wishes to become a citizen of Kiribati.
CHAPTER
IV
THE
EXECUTIVE
Part I - The Beretitenti
The
office of Beretitenti
30.
(1) There shall be a president of Kiribati, who shall be known as
Beretitenti.
(2) The Beretitenti shall be the Head of State and the Head of Government.
First
Beretitenti
31.
(1) The first Beretitenti shall be the person who immediately before
Independence Day holds the office of Chief Minister under
the
Constitution.
(2)
The first Beretitenti shall be deemed to have assumed office at the coming into
operation of this Constitution.
Election of Beretitenti
32.
(1) Nomination for and an election to the office of Beretitenti shall be held in
such manner as is prescribed by this section
and, subject thereto, by or under
law-
(a) as soon as practicable after the first sitting of the Maneaba ni Maungatabu following a general election and before proceeding on any Bill;
(b) in the circumstances specified in section 35(4) of this Constitution.
(2)
The Maneaba shall after the election of the Speaker nominate, from among members
of the Maneaba, not less than 3 nor more than
4 candidates for election as
Beretitenti, and no other person may be a
candidate.
(3) Every person who is
entitled to vote in a general election shall be entitled to vote in an election
of Beretitenti.
(4) A person
elected to the office of Beretitenti under this section shall assume that office
on the day upon which he is declared
elected.
(5) A person may assume
office as Beretitenti after election on not more than 3
occasions:
Provided that a person
who assumes office as Beretitenti under section 35(2) of this Constitution may
assume office as Beretitenti
on not more than 2 subsequent occasions.
Tenure
of office of Beretitenti
33.
(1) The Beretitenti, unless he ceases to be Beretitenti by virtue of this
section or the next following section, shall continue
in office until the person
elected at the next election of Beretitenti after a general election assumes
office.
(2)
The Beretitenti shall cease to be Beretitenti-
(a) if he resigns his office, by notice in writing addressed to the Speaker;
(b) if a motion of no confidence in the Beretitenti or the Government is supported in the Maneaba ni Maungatabu by the votes of a majority of all the members of the Maneaba;
(c) if, in respect of any matter before the Maneaba, the Beretitenti notifies the Speaker that a vote on that matter raises an issue of confidence, and in a subsequent vote on that matter it is rejected by a majority of all the members of the Maneaba;
(d) if he ceases to be a member of the Maneaba otherwise than by reason of a dissolution of the Maneaba; or
(e) in the circumstances specified in the next following section.
Removal
of Beretitenti on grounds of incapacity
34.
(1) If the Maneaba ni Maungatabu resolves, upon a motion supported by the votes
of a majority of all the members thereof (other
than the Beretitenti), that the
question of the mental or physical capacity of the Beretitenti to discharge the
functions of his
office ought to be investigated, the Speaker shall notify the
Chief Justice who shall appoint a Medical Board consisting of not less
than 3
persons who are qualified as medical practitioners under the law of Kiribati or
under the law of any other country in the
Commonwealth, and the Board shall
inquire into the matter and shall report to the Maneaba stating the opinion of
the Board whether
or not the Beretitenti is, by reason of any infirmity of body
or mind, incapable of discharging the functions of his office.
(2) If the Maneaba, having received the report of the Medical Board, resolves by a majority of all the members of the Maneaba (other than the Beretitenti) that the Beretitenti is, by reason of infirmity of body or mind, incapable of discharging the functions of his office the Beretitenti shall cease to hold office forthwith.
Vacancy
in the office of Beretitenti
35.
(1) If the office of Beretitenti becomes vacant by reason of the Beretitenti
ceasing to hold office by virtue of paragraph (b)
or (c) of section 33 (2) of
this Constitution, the Council of State shall perform the functions of
Beretitenti until the person elected
at the next election of Beretitenti
following a general election assumes office.
(2) If the office of Beretitenti becomes vacant for any other reason, the Kauoman-ni-Beretitenti shall assume the office of Beretitenti and, if the Maneaba ni Maungatabu by resolution confirms his assumption of the office of Beretitenti, he shall continue to hold such office until he ceases to be Beretitenti under section 33 of this Constitution.
(3) A person assuming the office of Beretitenti under the preceding subsection shall, at the next following meeting of the Maneaba, propose a motion for a resolution confirming his assumption of the office of Beretitenti, and the motion shall be debated and decided at that meeting.
(4)
If the assumption of the office of Beretitenti by the Kauoman-ni-Beretitenti is
not confirmed by the Maneaba, an election to the
office of Beretitenti shall be
held before proceeding on any Bill and as soon as practicable in accordance with
section 32 of this
Constitution, and the person who assumed the office of
Beretitenti under subsection (2) of this section shall cease to be Beretitenti
(unless he ceases sooner under section 33 (2) of this Constitution) when the
person elected as Beretitenti at that election assumes
office.
(5) If the office of
Beretitenti becomes vacant during any period when the office of
Kauoman-ni-Beretitenti is also vacant, the Cabinet
shall elect 1 of the
Ministers to assume the office of Beretitenti under subsection (2) of this
section, and the provisions of subsections
(2), (3) and (4) of this section
shall apply to that person as if he had been Kauoman-ni-Beretitenti.
Discharge
of functions of Beretitenti during absence, illness, etc.
36.
(1) Whenever the Beretitenti is absent or considers it desirable so to do by
reason of illness or accident he may, by directions
in writing, authorise the
Kauoman-ni-Beretitenti to discharge such of the functions of the office of
Beretitenti as he may specify
and the Kauoman-ni-Beretitenti shall discharge
those functions until his authority is revoked by the Beretitenti.
(2)
If the Beretitenti is incapable by reason of illness or accident of discharging
the functions of his office and the infirmity
is of such a nature that the
Beretitenti is unable to authorise another person under this section to
discharge those functions, the
Kauoman-ni-Beretitenti shall discharge the
functions of the office of
Beretitenti
(3) Any person
discharging the functions of the office of Beretitenti by virtue of the
preceding subsection shall cease to discharge
those functions if he is notified
by the Beretitenti that the Beretitenti is about to resume those
functions.
(4) It shall be a
condition precedent to the discharge by the Kauoman-ni-Beretitenti of the
functions of the office of Beretitenti
by virtue of subsection (2) of this
section that the Secretary to the Cabinet shall have a certificate of a medical
practitioner
registered under the law of Kiribati that the Beretitenti is
incapable by reason of illness or accident of discharging the functions
of his
office, and at the first Cabinet meeting summoned thereafter the certificate
shall be presented to the
Cabinet:
Provided that any such
certificate shall cease to have effect if the Beretitenti notifies any person
under the preceding subsection
that he is about to resume the functions of the
office of Beretitenti.
Oath of
Beretitenti
37. A person assuming
the office of Beretitenti shall, before entering upon the duties of that office,
take and subscribe before the
Chief Justice an oath in the form set out in
Schedule I to this
Constitution.
Conduct
of elections of Beretitenti
38.
(1) The Chief Justice shall have superintendence over elections to the office of
Beretitenti, which elections shall be conducted
by the Electoral
Commission.
(2)
Any question which may arise as to whether-
(a) any provision of this Constitution or any law relating to the election of a Beretitenti under section 39 of this Constitution has been complied with; or
(b) any person has been validly elected under that section,
shall
be referred to and determined by the Chief Justice whose decision shall not be
questioned in any court.
Part II - The Kauoman-ni-Beretitenti
Kauoman-ni-Beretitenti
39.
(1) There shall be a vice-president of Kiribati, who shall be known as
Kauoman-ni-Beretitenti.
(2)
The Beretitenti shall, as soon as practicable after assuming that office,
appoint a Kauoman-ni-Beretitenti from among the
Ministers.
(3) The
Kauoman-ni-Beretitenti shall cease to be Kauoman-ni-Beretitenti-
(a) if he resigns his office, by notice in writing addressed to the Beretitenti;
(b) if he ceases to be a member of the Maneaba ni Maungatabu otherwise than by reason of a dissolution of the Maneaba;
(c) if he is removed from office by the Beretitenti;
(d) when the Beretitenti who appointed him as Kauoman-ni-Beretitenti ceases to hold office as Beretitenti following an election of Beretitenti; or
(e) when the Beretitenti ceases to hold office by virtue of paragraph (b) or (c) of section 33(2) of this Constitution.
(4)
The Kauoman-ni-Beretitenti shall, before entering upon the duties of his office,
take and subscribe before the Chief Justice an
oath in the form set out in
Schedule 1 to this
Constitution.
(5) If the
Kauoman-ni-Beretitenti is absent from Kiribati or is incapacitated by reason of
illness or any other cause of discharging
the functions of his office, the
Beretitenti shall appoint one of the other Ministers to perform the functions of
the office of Kauoman-ni-Beretitenti
and any person so appointed shall discharge
those functions accordingly until-
(a) his appointment is revolved by the Beretitenti;
(b) he ceases to be a Minister; or
(c) any person assumes the office of Beretitenti.
(6)
Where the Kauoman-ni-Beretitenti is performing the functions of the office of
Beretitenti in accordance with section 36 of this
Constitution he may appoint
one of the other Ministers to perform the functions of the office of
Kauoman-ni-Beretitenti and any person
so appointed may discharge those functions
accordingly until-
(a) his appointment is revoked by the Kauoman-ni-Beretitenti;
(b) he ceases to be a Minister; or
(c) the Kauoman-ni-Beretitenti ceases to perform the functions of the office of Beretitenti.
(7)
During any period when, while the functions of the office of Beretitenti are
required under section 36 (2) of this Constitution
to be discharged by the
Kauoman-ni-Beretitenti, there is no Kauoman-ni-Beretitenti or the
Kauoman-ni-Beretitenti is absent from Kiribati
or is incapable by reason of
illness or accident of discharging the functions of his office and there is no
subsisting appointment
under the preceding subsection, the functions of the
office of Beretitenti shall be performed by such Minister as the Cabinet shall
elect:
Provided that any person
performing the functions of the office of Beretitenti under this subsection
shall not exercise the power
of the Beretitenti to remove the
Kauoman-ni-Beretitenti from
office.
(8) It shall be a
condition precedent to the discharge of the functions of the office of
Beretitenti by the Minister elected under
the preceding subsection that the
Secretary to the Cabinet shall have a certificate of a medical practitioner
registered under the
law of Kiribati that the Kauoman-ni-Beretitenti is
incapable by reason of illness or accident of discharging the functions of his
office, and at the first Cabinet meeting summoned thereafter the certificate
shall be presented to the Cabinet:
Provided that any such certificate shall cease to have effect if the Beretitenti or the Kauoman-ni-Beretitenti notifies the Minister elected under the preceding subsection that he is about to resume the functions of the office of Beretitenti.
Part III - The Cabinet
The
Cabinet
40. There shall be a
Cabinet which shall consist of the Beretitenti, the Kauoman-ni-Beretitenti and
not more than 8 other Ministers,
and the
Attorney-General.
The
Ministers
41.
(1) The Beretitenti shall, as soon as practicable after assuming that office,
appoint the Ministers from among members of the
Maneaba ni
Maungatabu.
(2)
If occasion arises for making an appointment to the office of a Minister while
the Maneaba is dissolved under section 78 (2) of
this Constitution, the
Beretitenti may appoint as a Minister a person who was a member of the Maneaba
before the dissolution.
(3) A
Minister shall cease to be a Minister if-
(a) he resigns his office, by notice in writing addressed to the Beretitenti;
(b) he ceases to be a member of the Maneaba otherwise than by reason of a dissolution of the Maneaba;
(c) he is removed from office by the Beretitenti;
(d) any person assumes the office of Beretitenti; or
(e) the Beretitenti ceases to hold office by virtue of paragraph (b) or (c) of section 33 (2) of this Constitution.
Attorney-General
42.
(1) There shall be an Attorney-General for Kiribati who shall be the principal
legal adviser to the Government.
(2)
The Attorney-General shall be appointed, and may be removed from office, by the
Beretitenti.
(3) No person shall
be qualified to hold or to act in the office of Attorney-General unless he is
qualified to practise in Kiribati
as an advocate in the High
Court.
(4) The Attorney-General
shall have power in any case in which he considers it desirable to do
so-
(a) to institute and undertake criminal proceedings against any person before any court established for Kiribati in respect of any offence alleged to have been committed by that person;
(b) to intervene in, take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and
(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.
(5)
The Attorney-General shall exercise all such functions as may be from time to
time conferred upon him by
law.
(6) The powers of the
Attorney-General under subsection (4) or (5) of this section may be exercised by
him in person or by officers
subordinate to him acting in accordance with his
general or specific
instructions.
(7) Subject to the
provisions of the preceding subsection, the powers conferred on the
Attorney-General by subsection (4) (b) and
(c) of this section shall be vested
in him to the exclusion of any other person or
authority:
Provided that where any
other person or authority has instituted criminal proceedings, nothing in this
subsection shall prevent the
withdrawal of those proceedings by or at the
instance of that person or authority and with the leave of the
court.
(8) In the exercise of the
functions vested in him by subsection (4) of this section the Attorney-General
shall not be subject to
the direction or control of any other person or
authority.
(9)
For the purposes of this section, any appeal from any judgment in any criminal
proceedings before any court, or any case stated
or question of law reserved for
the purpose of any such proceedings, to any other court shall be deemed to be
part of those
proceedings:
Provided that the
power conferred on the Attorney-General by subsection (4) (c) of this section
shall not be exercised in relation
to any appeal by a person convicted in any
criminal proceedings or to any case stated or question of law reserved at the
instance
of such a person.
Oath of
Cabinet members
43. A member of
the Cabinet shall, before entering upon the duties of his office, take and
subscribe before the Chief Justice an oath
in the form set out in Schedule 1 to
this
Constitution.
Secretary
to the Cabinet
44.
(1) There shall be a Secretary to the Cabinet whose office shall be a public
office.
(2) The Secretary to the
Cabinet shall be responsible, in accordance with such instructions as may be
given to him by the Cabinet,
for arranging the business for, and keeping the
minutes of, the Cabinet and for conveying the decisions of the Cabinet to the
appropriate
person or authority, and shall have such other functions as the
Cabinet or the Beretitenti may direct.
Part IV - Executive Functions
Executive
authority of Kiribati
45. The
executive authority of Kiribati shall vest in the Cabinet, which shall be
collectively responsible to the Maneaba ni Maungatabu
for the executive
functions of the
Government.
Functions
of Beretitenti
46.
(1) In the exercise of any function conferred upon him by this Constitution or
any other law the Beretitenti shall, unless it
is otherwise provided, act in his
own deliberate judgment and shall not be obliged to follow the advice tendered
by any other person
or authority.
(2)
Where the Beretitenti is by this Constitution or any other law directed to
exercise any function in accordance with the advice
of any person or authority,
he may, before acting in accordance with such advice, once refer it back for
reconsideration by the person
or authority concerned.
Functions of Ministers
47.
(1) The Kauoman-ni-Beretitenti and each of the other Ministers shall be
responsible for such business of the Government (including
the administration of
any department) as the Beretitenti may assign to him.
(2) Where any Minister has been charged with responsibility for the administration of any department of government, he shall exercise direction and control over that department and, subject to such direction and control, the department shall be under the supervision of the Secretary to the department, whose office shall be a public office.
Proceedings
in Cabinet
48. (1) The Cabinet
shall be summoned by the Beretitenti.
(2)
The Beretitenti shall, so far as is practicable, attend and preside at all
meetings of the Cabinet.
(3) No
business except that of adjournment shall be transacted in the Cabinet if
objection is taken by any member present that there
are less than 5 members
present.
(4) Subject to the
provisions of the preceding subsection, the Cabinet shall not be disqualified
for the transaction of business by
reason of any vacancy in its membership, and
any proceedings of the Cabinet shall be valid notwithstanding that some person
who was
not entitled to do so took part in those proceedings.
(5)
The Beretitenti shall decide what business shall be considered at any meeting of
the Cabinet.
(6) The person
presiding in the Cabinet may summon any person to a meeting of the Cabinet,
notwithstanding that that person is not
a member of the Cabinet, when in the
opinion of the person presiding the business before the Cabinet makes the
presence of that person
desirable.
Council
of State
49.
(1) There shall be a Council of State which shall consist of the persons for the
time being holding or acting in the offices of
Chairman of the Public Service
Commission, who shall be Chairman, Chief Justice and Speaker.
(2) In the event of the Beretitenti ceasing to hold office in the circumstances specified in paragraph (b) or (c) of section 33 (2) of this Constitution, the Council of State shall perform the functions of the Beretitenti and the other executive functions of the Government until the person elected at the next election of Beretitenti following a general election assumes office.
Prerogative
of mercy
50. The Beretitenti,
acting in accordance with the advice of the Cabinet, may-
(a) grant to any person concerned in or convicted of any offence against the law in force in Kiribati a pardon, either free or subject to lawful conditions;
(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence;
(c) substitute a less severe form of punishment for any punishment imposed on any person for any offence; and
(d) remit the whole or part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Government on account of any offence.
Constitution
of offices
51. Subject to the
provisions of this Constitution and of any Act, the powers of constituting and
abolishing public offices for Kiribati
shall vest in the Beretitenti, acting in
accordance with the advice of the Cabinet.
CHAPTER
V
THE
LEGISLATURE
Part I - Composition
Establishment
of Maneaba ni Maungatabu