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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
52. There
shall be a legislature for Kiribati which shall be known as the Maneaba ni
Maungatabu and shall consist of a single
chamber.
Composition
of Maneaba
53.
(1) Subject to the provisions of this section, the Maneaba ni Maungatabu shall
be composed of-
(a) 35 elected members;
(b) the member provided for in section 117 of this Constitution; and
(c) if he is not an elected member, the Attorney-General as an ex officio member.
(2)
A person who assumes the office of Beretitenti in accordance with this
Constitution shall not, by reason of the fact that he holds
that office, cease
to be a member of the Maneaba.
(3)
Where a person who assumes the office of Beretitenti in accordance with this
Constitution is, at the time of assuming that office,
the member of the Maneaba
for an electoral district entitled to be represented by only 1 member, a
by-election shall be held in that
electoral district, within 3 months of that
person assuming the office of Beretitenti, for the election of 1 additional
member of
the Maneaba.
(4) The
number of elected members of the Maneaba may be altered by the Maneaba in
accordance with section 63 of this Constitution.
Election
of elected members
54.
(1) Subject to the provisions of this Constitution, the elected members of the
Maneaba ni Maungatabu shall be elected in such
manner as may be
prescribed.
(2) For the purpose of the election of the elected members of the Maneaba, electoral districts shall be established within Kiribati having such boundaries and such number of elected representatives as may be prescribed.
(3) Until such time as it is otherwise provided under this Constitution, Kiribati shall be divided into 23 electoral districts the respective boundaries and number of elected representatives of which shall be the same as those prescribed in the Elections Ordinance 1977 for the 23 electoral districts established by that Ordinance.
Qualifications
for elected membership
55. Subject
to the provisions of the next following section and of section 118 (1) of this
Constitution a person shall be qualified
to be elected as an elected member of
the Maneaba ni Maungatabu if, and shall not be so qualified
unless-
(a) he is a citizen of Kiribati; and
(b) he has attained the age of 21 years.
Disqualifications for elected membership
56.
(1) No person shall be qualified to be elected as an elected member of the
Maneaba ni Maungatabu who-
(a) is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state;
(b) is in lawful detention by reason of his having been certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Kiribati;
(c) is under sentence of death imposed on him by a court in any part of the Commonwealth, or is serving a sentence of imprisonment (by whatever name called) for a term of or exceeding 12 months, imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court;
(d) is disqualified from membership of the Maneaba under any law in force in Kiribati relating to offences connected with elections;
(e) holds, or is acting in, any office the functions of which involve any responsibility for, or in connection with, the conduct of any election or the compilation or revision of any electoral register; or
(f) subject to such exemptions as may be prescribed by any law in force in Kiribati, holds, or is acting in, any public office.
(2)
For the purposes of paragraph (c) of the preceding subsection-
(a) 2 or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms; and
(b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.
(3) No person shall be disqualified to be elected as an elected member of the Maneaba by virtue of subsection (1) (a) of this section by reason only that he possesses the nationality of a state other than Kiribati.
Tenure
of office of elected members
57.
Subject to the provisions of section 118 (2) of this Constitution the seat of an
elected member of the Maneaba ni Maungatabu shall
become vacant-
(a) on a dissolution of the Maneaba;
(b) if he is absent from the sittings of the Maneaba for such period and in such circumstances as may be prescribed in the rules of procedure of the Maneaba;
(c) if he resigns his seat, by notice in writing addressed to the Speaker;
(d) if he ceases to be a citizen of Kiribati;
(e) if any circumstances arise which, if he were not a member of the Maneaba, would cause him to be disqualified for election thereto by virtue of paragraph (a), (b), (d), (e) or (f) of subsection (1) of the preceding section;
(f) in the circumstances specified in the next following section; or
(g) in the circumstances specified in section 59 of this Constitution.
Vacation
of seat on sentence
58.
(1) Subject to the provisions of this section, if an elected member of the
Maneaba ni Maungatabu is sentenced by a court in any
part of the Commonwealth to
death or to imprisonment (by whatever name called), and serves any part of such
a sentence of imprisonment,
he shall forthwith cease to discharge his functions
as a member of the Maneaba, and his seat in the Maneaba shall become vacant at
the expiration of a period of 30 days thereafter:
Provided that the Speaker may, at the request of the member, from time to time extend that period of 30 days to enable the member to pursue any appeal in respect of his conviction or sentence, so, however, that extensions of time exceeding in the aggregate 150 days shall not be granted without the approval of the Maneaba signified by resolution.
(2) If at any time before
the member vacates his seat he receives a free pardon or his conviction is set
aside or a punishment other
than imprisonment is substituted, his seat in the
Maneaba shall not become vacant under the preceding subsection and he may again
discharge his functions as a member of the
Maneaba.
Vacation
of seat after petition and referendum
59.
(1) Subject to the provisions of subsections (6) and (7) of this section. if the
Speaker receives a petition calling for the removal
of an elected member of the
Maneaba ni Maungatabu signed by a majority of the persons who were registered as
electors, at the time
of the last election of that member, in the electoral
district from which that member was last elected, he shall send the petition
forthwith to the Electoral Commission.
(2)
The Electoral Commission shall, as soon as practicable after receipt of a
petition under the preceding subsection, conduct a referendum
to determine
whether the member named in the petition should vacate his seat in the
Maneaba.
(3) No person shall be
entitled to vote in a referendum under this section unless he was registered as
an elector, at the time of
the last election of the member named in the
petition, in the electoral district from which that member was last
elected.
(4) If in a referendum
under this section a majority of those entitled to vote in that referendum vote
for the removal from the Maneaba
of the member named in the petition, that
member shall vacate his seat in the Maneaba
forthwith.
(5) Where a member
vacates his seat in the Maneaba under the preceding subsection, a by-election
shall be held within 3 months (unless
the Maneaba is sooner dissolved) to fill
that seat in the Maneaba.
(6) No
action shall be taken on a petition delivered to the Speaker under this section
until the expiration of 6 months following-
(a) the last occasion on which the member named in the petition was elected to the Maneaba; or
(b) the date of any referendum held under this section which determined that the member named in the petition was not required to vacate his seat in the Maneaba under subsection (4) of this section.
(7) This section shall not apply to a member of the Maneaba during any period when he is holding or acting in the office of Beretitenti, Kauoman-ni-Beretitenti or any other Minister, or Attorney-General.
Determination
of questions as to membership
60.
(1) The High Court shall have jurisdiction to hear and determine any question
whether-
(a) any person has been validly elected as a member of the Maneaba ni Maungatabu; or
(b) any elected member of the Maneaba has vacated his seat therein or is required by virtue of section 58 of this Constitution to cease to perform his functions as a member.
(2)
An application to the High Court for the determination of-
(a) any question under paragraph (a) of the preceding subsection may be made by any person entitled to vote in the electoral district, and at the election, to which the application relates or by any person who was a candidate in that district at that election or by the Attorney-General;
(b) any question under paragraph (b) of the preceding subsection may be made by any person entitled to vote at an election in the electoral district for which the member concerned was returned or by any elected member of the Maneaba or by the Attorney-General:
Provided
that if such an application is made by a person other than the Attorney-General,
the Attorney-General may intervene and may
then appear or be represented in the
proceedings.
(3) The Maneaba may
make provision with respect to-
(a) the circumstances and manner in which and the imposition of conditions upon which any application may be made to the High Court for the determination of any question under subsection (1) of this section; and
(b) the powers, practice and procedure of the High Court in relation to any such application.
(4)
No appeal shall lie from any decision of the High Court in proceedings under
subsection (1) of this
section.
Penalty
for sitting or voting whilst unqualified
61.
(1) Any person who sits or votes in the Maneaba ni Maungatabu knowing or having
reasonable grounds for knowing that he is not
entitled to do so shall be liable
to a penalty not exceeding $20 for each day upon which he so sits or
votes.
(2)
Any such penalty shall be recoverable by civil action in the High Court at the
suit of the Attorney-General.
Electoral Commission
62.
(1) There shall be an Electoral Commission consisting of a Chief Electoral
Commissioner and not less than 2 nor more than 4 Commissioners.
(2)
The members of the Commission shall be appointed by the Beretitenti, acting in
accordance with the advice of the
Cabinet.
(3) The name of any
person appointed as a member of the Commission shall be laid before the Maneaba
ni Maungatabu within 48 hours
of the day on which the next meeting of the
Maneaba commences, and each appointment shall stand unless the Maneaba by
resolution
rejects it.
(4) A
person shall not be qualified for appointment as a member of the Commission if
he is a member of the Maneaba, and no person
shall be qualified for appointment
as Chief Electoral Commissioner unless he is a judge or magistrate in
Kiribati.
(5) A member of the
Commission shall vacate his office-
(a) at the expiration of five years after the date of his appointment; or
(b) if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such.
Functions
of Electoral Commission
63.
(1) The Electoral Commission shall have general responsibility for, and shall
supervise, the registration of electors for the
election of members of the
Maneaba ni Maungatabu and the conduct of elections of such members and of
referenda under this Constitution,
and the Commission shall have such other
functions relating to such registration, elections and referenda as may be
prescribed.
(2)
The Commission shall have responsibility for the conduct of elections to the
office of Beretitenti under the supervision of the
Chief
Justice.
(3) The Commission shall,
at intervals of not more than 4 years, review the number of electoral districts,
the boundaries of those
districts, and the number of members of the Maneaba to
be elected to represent each electoral district, taking account
of-
(a) the most recent census date for citizens of Kiribati, subject to the provisions of section 118 (4) of this Constitution; and
(b) the movement of people within Kiribati.
(4)
Having conducted a review in accordance with the preceding subsection, the
Commission shall make recommendations to the
Maneaba.
(5) The Maneaba may
approve or reject the recommendations of the Commission under the preceding
subsection but may not vary them;
and, if so approved, the Chairman of the
Commission shall thereupon by order under this Constitution make provision for
the recommendations
as have been so approved which shall have effect as from the
date of the next dissolution of the Maneaba.
The franchise
64.
(1) Subject to the provisions of this section and of section 118 (3) of this
Constitution, every person who-
(a) is a citizen of Kiribati;
(b) has attained the age of 18 years; and
(c) is a person resident within an electoral district established by or under this Constitution,
shall
be entitled to be registered as an elector in the electoral district in which he
is resident, and when so registered to vote
at an election of a member of the
Maneaba ni Maungatabu for that electoral
district.
(2) Notwithstanding the
preceding subsection no person who-
(a) is serving a sentence of imprisonment (by whatever name called) for a term of or exceeding 12 months imposed on him by a court in any part of the Commonwealth or substituted by competent authority for some other sentence imposed on him by such a court; or
(b) is certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Kiribati; or
(c) is disqualified from registering as an elector or voting by any law in force in Kiribati relating to offences connected with elections,
shall
be registered as an elector for an electoral district or, being registered,
shall be entitled to vote at an election.
(3) An elector shall not be entitled to have his name retained on the register of electors for any electoral district if for a continuous period of 12 months he has ceased to be resident within the electoral district or if he becomes disqualified from voting under the preceding subsection.
Salaries
of members
65.
(1) There shall be a standing independent Maneaba Members' Salaries Tribunal to
review the salaries and allowances of members
of the Maneaba ni Maungatabu,
including the salaries and allowances of the Beretitenti, and the
Kauoman-ni-Beretitenti and the other
Ministers.
(2)
The Tribunal shall consist of not less than 3 nor more than 5 suitably qualified
persons who shall be appointed, and may be removed,
by the Chairman of the
Public Service Commission acting after consultation with the
Speaker.
(3) Having conducted a
review in accordance with this section, the Tribunal shall make recommendations
to the Maneaba.
Part II - Legislation and Procedure
Power
to make laws
66.
(1) Subject to the provisions of this Constitution, the Maneaba ni Maungatabu
shall have power to make laws for the peace, order
and good government of
Kiribati.
(2)
The power of the Maneaba to make laws shall be exercised by Bills passed by the
Maneaba and assented to by the Beretitenti, and
such laws shall be called
"Acts".
(3) The Beretitenti may
withhold his assent to a Bill only if he is of the opinion that the Bill, if
assented to, would be inconsistent
with this
Constitution.
(4) If the
Beretitenti withholds his assent to a Bill under the preceding subsection, the
Bill shall be returned to the Maneaba for
amendment.
(5) If a Bill which has
been returned to the Maneaba under the preceding subsection is again presented
to the Beretitenti, and the
Beretitenti is still of the opinion that the Bill,
if assented to, would be inconsistent with this Constitution, the Beretitenti
shall refer the Bill to the High Court for a declaration as to whether or not
the Bill, if assented to, would be inconsistent with
this
Constitution.
(6)
If the High Court declares that the Bill, if assented to, would not be
inconsistent with this Constitution, the Beretitenti shall
assent to the Bill
forthwith; if the High Court declares otherwise, the Bill shall be returned to
the Maneaba.
(7) An Act shall,
unless it otherwise provides, come into operation on publication of assent by
the Beretitenti.
(8) The assent of
the Beretitenti to a Bill shall be published, together with the law assented to,
by exhibition at the Maneaba ni
Maungatabu.
Rules
of procedure
67. Subject to the
provisions of this Constitution, the Maneaba ni Maungatabu may make rules of
procedure for the regulation and orderly
conduct of its
proceedings.
Introduction
of Bills, etc.
68.
(1) Subject to the provisions of this Constitution and of the rules of procedure
of the Maneaba ni Maungatabu, any member may
introduce any Bill or propose any
motion for debate in, or may present any petition to, the Maneaba, and the same
shall be debated
and disposed of according to the rules of procedure of the
Maneaba.
(2)
Except on the recommendation of the Cabinet signified by a Minister, the Maneaba
shall not-
(a) proceed upon any Bill (including any amendment to a Bill) which in the opinion of the person presiding in the Maneaba, makes provision for imposing or increasing any tax, for imposing or increasing any charge on the Consolidated Fund or other funds of Kiribati, or for altering any such charge otherwise than by reducing it, or for compounding or reducing any debt due to the Government; or
(b) proceed upon any motion (including any amendment to a motion) the effect of which in the opinion of the person presiding in the Maneaba is that provision would be made for any of the purposes aforesaid.
(3)
The Maneaba shall not proceed on a Bill after its first reading in the Maneaba
until the next following meeting of the Maneaba
unless-
(a) the Bill has been certified as urgent by the Beretitenti; or
(b) the Maneaba expressly resolves, by a majority of all the members of the Maneaba, to proceed with consideration of the Bill.
Alteration
of Constitution
69.
(1) Subject to the provisions of this Constitution, the Maneaba ni Maungatabu
may by Act alter this Constitution.
(2)
Subject to the additional limitations specified in section 124 of this
Constitution, a Bill for an Act to alter any of the provisions
of this
Constitution shall not be passed by the Maneaba unless-
(a) consideration of the Bill is deferred after its first reading in the Maneaba until the next following meeting of the Maneaba; and
(b) the Bill is supported at its second reading in the Maneaba by the votes of not less than two-thirds of all the members of the Maneaba.
(3)
In so far as it alters Chapter II of this Constitution, an Act under this
section shall not come into operation unless the provisions
contained in the Act
effecting that alteration have, in accordance with any law in that behalf, been
submitted to a referendum in
which all persons who are registered as electors
for the purposes of a general election shall be entitled to vote and unless
those
provisions have been supported by the votes of not less than two-thirds of
all the persons entitled to vote in the
referendum.
(4) In this
section-
(a) references to this Constitution include references to any other law in so far as that law alters the Constitution;
(b) references to altering this Constitution include references-
(i) to repealing it with or without re-enactment thereof or the making of different provision in lieu thereof;
(ii) to modifying it, whether by omitting or amending any of its provisions or inserting additional provisions in it or otherwise;
(iii) to suspending its operation for any period, or terminating any such suspension; and
(iv) to making any other provision that is repugnant to or otherwise inconsistent with it.
Oath
of members
70. No member of the
Maneaba ni Maungatabu shall be permitted to take part in the proceedings of the
Maneaba (other than proceedings
necessary for the purpose of this section) until
he has made before the Maneaba an oath in the form set out in Schedule 1 to this
Constitution.
The
Speaker
71.
(1) There shall be a Speaker of the Maneaba ni Maungatabu.
(2)
The Speaker shall be elected by the members of the Maneaba from among persons
who are not members of the
Maneaba.
(3) The Chief Justice
shall preside at any sitting of the Maneaba for the purpose of the election of a
Speaker and shall be responsible
for the conduct of any such
election.
(4) A person shall
vacate the office of Speaker-
(a) when the Maneaba first meets after a dissolution of the Maneaba;
(b) if he announces the resignation of his office to the Maneaba or if, by notice in writing addressed to the Maneaba and received by the Clerk of the Maneaba, he resigns that office;
(c) if the Maneaba so resolves by resolution supported by the votes of not less than two-thirds of all the members of the Maneaba.
Presiding
in Maneaba
72. Subject to the
provisions of subsection (3) of the preceding section, the Speaker or, in his
absence or when his office is vacant,
a member of the Maneaba ni Maungatabu (not
being the Beretitenti, a Minister or the Attorney-General) elected by the
Maneaba for
that sitting shall preside at each sitting of the
Maneaba
Voting
73.
(1) Subject to the provisions of this Constitution, all questions proposed for
decision in the Maneaba ni Maungatabu shall be
determined by a majority of the
votes of the members present and voting.
(2)
If the person presiding is-
(a) the Speaker, he shall have neither an original nor a casting vote;
(b) a member elected in accordance with the preceding section, he shall not have an original vote but shall have and shall exercise a casting vote if on any question the votes are equally divided.
(3) Subject to subsection (2)(b) of this section, and unless otherwise provided in the rules of procedure of the Maneaba, if upon any question the votes are equally divided the motion shall be declared lost.
Quorum
74.
(1) If objection is taken by any member of the Maneaba ni Maungatabu present
that there are present in the Maneaba (besides the
person presiding) less than a
quorum of members and, after such interval as may be prescribed in the rules of
procedure of the Maneaba,
the person presiding ascertains that the number of
members present is still less than a quorum of members, he shall thereupon
adjourn
the Maneaba.
(2) In this section, "a quorum of members'' means the number of members that is 1 less than one-half the total number of members of the Maneaba, or, in the event of the total number being an odd number, 1 less than the highest number that is less than one-half.
Proceedings
in Maneaba
75. The Maneaba ni
Maungatabu shall not be disqualified for the transaction of business by reason
of any vacancy in its membership,
and any proceedings in the Maneaba shall be
valid notwithstanding that some person who was not entitled to do so took part
in those
proceedings.
Privileges
of Maneaba
76.
(1) Subject to the provisions of this section, the Maneaba ni Maungatabu may
determine the privileges, immunities and Maneaba
powers of the Maneaba and of
its members.
(2)
No civil or criminal proceedings may be instituted against any member of the
Maneaba for words spoken before or written in a report
to the Maneaba or a
committee of the Maneaba or by reason of any matter or thing brought by him in
the Maneaba or in a committee
of the
Maneaba.
(3) No process issued by
any court in the exercise of its civil jurisdiction shall be served or executed
within the precincts of the
Maneaba while the Maneaba is sitting.
Part III - Summoning, Dissolution and Elections
Summoning
of Maneaba
77.
(1) Subject to the provisions of this Constitution and of the rules of procedure
of the Maneaba ni Maungatabu, each meeting of
the Maneaba shall be held at such
place within Kiribati and shall commence at such time as the Speaker may
appoint.
(2)
The Beretitenti or one-third of the members of the Maneaba may, subject to the
provisions of this Constitution and of the rules
of procedure of the Maneaba,
advise the Speaker to summon the Maneaba at any
time.
(3) Meetings of the Maneaba
shall be held within 30 days of the second ballot in a general election and
shall otherwise be held so
that a period of 12 months does not intervene between
the end of one meeting and the first sitting of the Maneaba in the next
meeting.
Dissolution
of Maneaba
78. (1) The Maneaba ni
Maungatabu shall stand dissolved-
(a) if a motion of no confidence in the Beretitenti or the Government is supported in the Maneaba by the votes of a majority of all the members of the Maneaba; or
(b) 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.
(2) The Maneaba, unless sooner dissolved under the preceding subsection, shall continue for 4 years from the date of the first sitting of the Maneaba after any general election and shall then stand dissolved.
General
elections and by-elections
79.
(1) There shall be a general election within 3 months of every dissolution of
the Maneaba ni Maungatabu.
(2) Except when the Maneaba is sooner dissolved, there shall be a by-election within 3 months of a member's seat falling vacant in the Maneaba in order to fill that seat.
CHAPTER
VI
THE
JUDICIARY
Part I - The High Court
Establishment
of a High Court
80.
(1) There shall be a High Court of Kiribati which shall be a superior court of
record with such jurisdiction and powers as may
be prescribed by this
Constitution or by any law in force in Kiribati.
(2) The judges of the High Court shall be the Chief Justice and such number of other judges, if any, as may be prescribed.
Appointment
of judges of High Court
81.
(1) The Chief Justice shall be appointed by the Beretitenti, acting in
accordance with the advice of the Cabinet tendered after
consultation with the
Public Service Commission.
(2)
The other judges of the High Court, if any, shall be appointed by the
Beretitenti, acting in accordance with the advice of the
Chief Justice sitting
with the Public Service
Commission.
(3) A person shall not
be qualified to be appointed as Chief Justice or other judge of the High Court
unless he has held office as
a judge in any country or has been qualified for
not less than 5 years to practise as a barrister or solicitor.
Oath of
judges
82. Every judge of the High
Court shall, before entering upon the duties of his office, take and subscribe
before the Beretitenti
an oath in the form set out in Schedule I to this
Constitution.
Tenure
of office of judges of High Court
83.
(1) Subject to the provisions of this section, the office of a judge of the High
Court shall become vacant upon the expiration
of the period of his appointment
to that office.
(2)
A judge of the High Court may be removed from office only for inability to
discharge the functions of his office (whether arising
from infirmity of body or
mind or any other cause) or for misbehaviour and shall not be removed except in
accordance with the provisions
of the next following
subsection.
(3) A judge of the
High Court may be removed from office by the Beretitenti in pursuance of a
resolution of the Maneaba ni Maungatabu
if the question of the removal of that
judge has been referred to a Tribunal appointed under the next following
subsection and the
Tribunal has advised the Maneaba that he ought to be removed
from office for inability as aforesaid or for
misbehaviour.
(4) If the
Beretitenti considers, or the Maneaba resolves, that the question of removing a
judge of the High Court from office for
inability as aforesaid or for
misbehaviour ought to be investigated then-
(a) the Beretitenti shall appoint a Tribunal which shall consist of a Chairman and not less than 2 other members, 1 of whom holds or has held judicial office; and
(b) the Tribunal shall inquire into the matter and report on the facts thereof to the Maneaba and advise the Maneaba whether that judge should be removed under this section.
(5) If the question of removing a judge of the High Court from office has been referred to a Tribunal under the preceding subsection, the Beretitenti may suspend that judge from performing the functions of his office, and any such suspension may at any time be revoked by the Beretitenti and shall in any case cease to have effect if the Tribunal advises the Maneaba that that judge should not be removed from office.
Commission
of High Court
84.
(1) Whenever he is satisfied that no or insufficient judges of the High Court
are available to attend to the business of the High
Court, the Beretitenti,
acting in accordance with the advice of the Chief Justice sitting with the
Public Service Commission, may
appoint a person who is qualified to practise as
a barrister or solicitor in Kiribati to perform-
(a) all or any of the functions of a judge of the High Court either generally or in respect of any particular case or class of cases; or
(b) such functions of a judge of the High Court as it shall appear to the person appointed under this section are required to be performed without delay,
subject
to such limitations and conditions, if any, as may be specified in the
instrument of appointment.
(2) A
person appointed under this section shall be called a Commissioner of the High
Court, and all things done by him in accordance
with the terms of his
appointment shall have the same validity and effect as if they had been done by
a judge of the High Court and
in respect thereof he shall have the same powers
and enjoy the same immunities as if he had been a judge of the High
Court.
Oath of
Commissioners
85. Every
Commissioner of the High Court shall, before entering upon the duties of his
office, take and subscribe before the Beretitenti
an oath in the form set out in
Schedule 1 to this
Constitution.
Judge
may sit after appointment has
terminated
86. A judge of the High
Court whose appointment has terminated otherwise than by reason of his removal
from office may sit as a judge
of that Court for the purpose of giving judgment
or otherwise in relation to any proceedings commenced before him while his
appointment
was
subsisting.
Seal
of High Court
87.
(1) The High Court shall have, and use as occasion requires, a seal bearing on
it the words "The High Court of Kiribati" and such
device as the Maneaba ni
Maungatabu shall approve.
(2)
Until such time as a seal is approved such stamp as the Chief Justice may
authorise shall be used in place of a seal.
Jurisdiction of High Court in constitutional questions
88.
(1) Subject to the provisions of this Constitution, if any person alleges that
any provision of this Constitution (other than
Chapter II) has been contravened
and that his interests are being or are likely to be affected by such
contravention, then, without
prejudice to any other action with respect to the
same matter which is lawfully available, that person may apply to the High Court
for a declaration and for relief under this section.
(2)
The High Court shall have jurisdiction, in any application made by any person
under the preceding subsection or in any other proceedings
lawfully brought
before the Court, to determine whether any provision of this Constitution (other
than Chapter II) has been contravened
and to make a declaration
accordingly:
Provided that the
High Court shall not make a declaration in pursuance of the jurisdiction
conferred by this subsection unless it
is satisfied that the interests of the
person by whom the application under the preceding subsection is made or, in the
case of other
proceedings before the Court, a party to those proceedings, are
being or are likely to be affected.
(3) Where the High Court makes a declaration under the preceding subsection that any provision of this Constitution has been contravened and the person by whom the application under subsection (1) of this section was made or, in the case of other proceedings before the Court, the party in those proceedings in respect of whom the declaration is made, seeks relief, the High Court may grant to that person such remedy, being a remedy available against any person in any proceedings in the High Court under any law in force in Kiribati, as the Court considers appropriate.
(4)
Nothing in the foregoing provisions of this section shall confer jurisdiction on
the High Court to hear or determine any such
question as is referred to in
section 60 or 117 of this Constitution otherwise than upon an application made
in accordance with that
section.
(5) The High Court shall
have jurisdiction to make a declaration as to whether any Bill referred to it by
the Beretitenti under section
66(5) of this Constitution, if assented to, would
be inconsistent with this
Constitution.
(6) Subject to the
provisions of this Constitution, the High Court shall have original jurisdiction
to hear and determine any question
as to the interpretation of this
Constitution:
Provided that the
following authorities only are entitled to make application to the High Court
under this subsection-
(a) the Beretitenti, acting in accordance with the advice of the Cabinet;
(b) the Attorney-General; and
(c) the Speaker.
High
Court and subordinate courts
89.
(1) The High Court shall have jurisdiction to supervise any civil or criminal
proceedings before any subordinate court and may
make such orders, issue such
writs and give such directions as it may consider appropriate for the purpose of
ensuring that justice
is duly administered by any such court.
(2)
Where any question as to the interpretation of any provision of this
Constitution (other than Chapter II) arises in any subordinate
court and the
court is of the opinion that the question involves a substantial question of
law, the court shall refer the question
to the High
Court.
(3) Where any question is
referred to the High Court under the preceding subsection, the High Court shall
give its decision upon the
question and the court in which the question arose
shall dispose of the case in accordance with that decision or, if that decision
is the subject of an appeal to the Court of Appeal or to the Judicial Committee,
in accordance with the decision of the Court of
Appeal or the Judicial
Committee.
Part II - The Court of Appeal
Establishment
of Court of Appeal
90. There shall
be a Court of Appeal for Kiribati which shall be a superior court of record and
shall have such jurisdiction and powers
to hear and determine appeals as may be
conferred on it by any law in force in
Kiribati.
Judges
of Court of Appeal
91. (1) The
judges of the Court of Appeal shall be-
(a) the Chief Justice and the other judges of the High Court; and
(b) such persons, possessing the qualifications prescribed in section 81 (3) of this Constitution, as may be appointed from time to time by the Beretitenti acting in accordance with the advice of the Chief Justice sitting with the Public Service Commission.
(2)
An appointment under paragraph (b) of the preceding subsection shall be for a
period of time or for the trial or hearing of particular
causes or matters, as
may be specified in the instrument of
appointment.
(3) The President of
the Court of Appeal shall be appointed by the Beretitenti, acting in accordance
with the advice of the Cabinet
tendered after consultation with the Public
Service Commission.
(4) Any 3
judges of the Court of Appeal may exercise all the powers of the
Court:
Provided that the Court may
have its judgment delivered by any one of its members who is also a judge of the
High Court, and if there
is no such member then through the Chief
Registrar.
(5) Any judgment of the
Court of Appeal shall be in accordance with the opinion of the majority of the
judges present.
(6)
A judge of the Court of Appeal shall not sit as a judge of the Court on the
hearing of an appeal-
(a) from any decision given by himself or any decision given by any court of which he was sitting as a member; or
(b) against a conviction or sentence if he was the judge by or before whom the appellant was convicted.
(7) Nothing in this section shall preclude the offices of Chief Justice and President of the Court of Appeal from being held by the same person.
Oath of
office
92. Every person appointed
under section 91(1)(b) of this Constitution shall, before entering upon the
duties of his office, take
and subscribe before the Beretitenti an oath in the
form set out in Schedule 1 to this
Constitution.
Tenure
of office of judges of Court of Appeal
93.
(1) Subject to the provisions of this section, the office of a judge of the
Court of Appeal shall become vacant upon the expiration
of the period of his
appointment to that office.
(2)
A judge of the Court of Appeal may be removed from office only for inability to
discharge the functions of his office (whether
arising from infirmity of body or
mind or any other cause) or for misbehaviour and shall not be removed except in
accordance with
the provisions of the next following
subsection.
(3) A judge of the
Court of Appeal may be removed from office by the Beretitenti in pursuance of a
resolution of the Maneaba ni Maungatabu
if the question of the removal of that
judge from office has been referred to a Tribunal appointed under the next
following subsection
and the Tribunal has advised the Maneaba that he ought to
be removed from office for inability as aforesaid or for
misbehaviour.
(4) If the
Beretitenti considers, or the Maneaba resolves, that the question of removing a
judge of the Court of Appeal from office
for inability as aforesaid or for
misbehaviour ought to be investigated, then-
(a) the Beretitenti shall appoint a Tribunal which shall consist of a Chairman and not less than 2 other members, 1 of whom holds or has held high judicial office; and
(b) the Tribunal shall inquire into the matter and report on the facts thereof to the Maneaba and advise the Maneaba whether that judge should be removed under this section.
(5)
If the question of removing a judge of the Court of Appeal from office has been
referred to a Tribunal under the preceding subsection,
the Beretitenti may
suspend that judge from performing the functions of his office, and any such
suspension may at any time be revoked
by the Beretitenti and shall in any case
cease to have effect if the Tribunal advises the Maneaba that that judge should
not be removed
from
office.
Judge
may sit after appointment has
terminated
94. A judge of the
Court of Appeal whose appointment has terminated otherwise than by reason of his
removal from office may sit as
a judge of that Court for the purpose of giving
judgment or otherwise in relation to any proceedings commenced before him while
his
appointment was
subsisting.
Seal
of Court of Appeal
95.
(1) The Court of Appeal shall have, and use as occasion requires, a seal bearing
on it the words "The Court of Appeal of Kiribati"
and such device as the Maneaba
ni Maungatabu shall approve.
(2) Until such time as a seal is approved such stamp as the President of the Court of Appeal may authorise shall be used in place of a seal.
Part III - General
Court
officers
96.
(1) There shall be such registrars and other officers of the High Court and the
Court of Appeal as the Chief Justice, subject
to any law in force in Kiribati,
may appoint, and every such registrar or other officer shall discharge such
duties as may b e prescribed
by law or by rules of court or as a judge of the
High Court or of the Court of Appeal may direct:
Provided
that a judge may, subject to any directions given by the Chief Justice, appoint
a person temporarily to discharge, in relation
to any case or matter, the duties
of a registrar or other officer of the High Court or the Court of Appeal, and
such person shall
discharge such duties
accordingly.
(2) Any appointment
made under this section may, at any time, be determined by the Chief Justice,
acting after consultation with the
Public Service Commission.
Rules
of Court
97.
There shall be a Rules Committee, consisting of the Chief Justice, the President
of the Court of Appeal, and the Attorney-General
(who shall constitute a quorum)
and such other persons, not exceeding 2 in number, as the Beretitenti may
appoint, which may make
rules of court regulating the practice and procedure of
the High Court and the Court of Appeal, the admission of legal practitioners
to
practise in Kiribati, prescribing the fees to be paid in respect of any
proceedings and generally for making provision for the
proper and effectual
exercise of the jurisdiction of the High Court and the Court of Appeal,
including the procedure for the making
and hearing of appeals to the High Court
from subordinate courts and for the making and hearing of appeals from the High
Court to
the Court of Appeal:
Provided that rules prescribing or affecting the amount of any fees or the recovery thereof shall not come into operation unless approved, either before or after being made, by the Maneaba ni Maungatabu.
CHAPTER
VII
THE PUBLIC
SERVICE
Public
Service Commission
98.
(1) There shall be a Public Service Commission which shall consist of a Chairman
and 4 other Commissioners who shall be appointed,
and may be removed, by the
Beretitenti, acting in accordance with the advice of the Speaker and the Chief
Justice acting jointly.
(2)
The Commissioners shall be appointed for 3 years or for such lesser period as
may be specified by the Beretitenti in their respective
instruments of
appointment.
(3) A person shall be
disqualified for appointment as a Commissioner if he is a member of the Maneaba
ni Maungatabu or a public
employee.
(4) A person shall not,
while he holds or is acting in the office of a Commissioner or within a period
of 18 months commencing with
the date on which he last held or acted in that
office, be eligible for appointment to or to act in any public
office.
(5) The office of a
Commissioner shall become vacant-
(a) at the expiration of the period of his appointment;
(b) if he becomes a member of the Maneaba; or
(c) if he is removed from office in accordance with subsection (1) of this section.
Appointments, etc. of public employees
99.
(1) Subject to the provisions of this Constitution power to make appointments to
public offices, and to remove and to exercise
disciplinary control over persons
holding or acting in such offices, is vested in the Beretitenti, acting in
accordance with the
advice of the Public Service Commission.
(2)
The Beretitenti may delegate to the Public Service Commission his power to make
appointment to certain public offices or certain
classes of public
office.
(3) The Public Service
Commission shall have such other functions as may be prescribed.
Appointment
of certain public employees
100.
(1) Power to make appointments to the offices of Secretary to the Cabinet and
Secretary to a department of government, and power
to transfer the holders of
such offices to other posts of equivalent rank, is vested in the Beretitenti,
acting after consultation
with the Public Service Commission.
(2)
Power to make appointments to the office of Director of Audit is vested in the
Beretitenti, acting in accordance with the advice
of the Public Service
Commission.
(3) Power to make
appointments to the office of Commissioner of Police is vested in the
Beretitenti, acting in accordance with the
advice of the Cabinet tendered after
consultation with the Public Service Commission.
Tenure
of office of certain public employees
101.
(1) The provisions of this section shall apply in relation to persons holding
the offices of Director of Audit and Commissioner
of Police.
(2)
Subject to the provisions of this section a person to whom this section applies
shall vacate his office when he attains the age
of 55
years.
Provided that the
Beretitenti may permit a person to whom this section applies who attains the age
of 55 years to continue in office
until he has attained such later age as may
have been agreed between the Beretitenti and that
person.
(3) A person to whom this
section applies may be removed from office only for inability to discharge the
functions of his office (whether
arising from infirmity of body or mind or any
other cause) or for misbehaviour and shall not be so removed except in
accordance with
the provisions of the next following
subsection.
(4) A person to whom
this section applies shall be removed from office by the Beretitenti if the
question of his removal from office
has been referred to a Tribunal appointed
under the next following subsection and the Tribunal has recommended to the
Beretitenti
that he ought to be removed from office for inability as aforesaid
or for misbehaviour.
(5) If the
Beretitenti considers that the question of removing a person to whom this
section applies from office for inability as
aforesaid or for misbehaviour ought
to be investigated, then-
(a) the Beretitenti shall appoint a Tribunal which shall consist of a Chairman who is a person who holds or has held judicial office, and not less than 2 other members; and
(b) that Tribunal shall inquire into the matter and report on the facts thereof to the Beretitenti and recommend to the Beretitenti whether the person ought to be removed from office for inability as aforesaid or for misbehaviour.
(6)
If the question of removing the Commissioner of Police has been referred to a
Tribunal under the preceding subsection the Beretitenti,
acting in accordance
with the advice of the Chairman of the Public Service Commission, may suspend
the Commissioner from performing
the functions of his office and any such
suspension may at any time be revoked by the Beretitenti acting as aforesaid,
and shall
in any case cease to have effect if the Tribunal recommends to the
Beretitenti that the Commissioner should not be
removed.
(7) The provisions of
this section shall not apply in relation to a person appointed to act in any
office referred to in subsection
(1) of this section during any period when that
office is vacant or the holder thereof is unable to perform the functions of his
office; and the appointment of such a person may be revoked by the Public
Service Commission at any time before the expiration of
that period.
Appointment,
etc. of junior police officers
102.
(1) Power to make appointments to any office in the Kiribati Police below the
rank of Assistant Superintendent, and to remove
and to exercise disciplinary
control over persons holding or acting in such offices, is vested in the
Commissioner of Police.
(2)
There shall be a right of appeal to the Public Service Commission from any
decision of the Commissioner of Police in exercise
of his power of removal or
disciplinary control under the preceding
subsection.
(3) The Commissioner
of Police may subject to such conditions as he thinks fit, delegate any of his
powers under subsection (1) of
this section, by directions in writing, to any
other officer of the Kiribati Police.
Applicability
of pensions law
103.
(1) Subject to the provisions of section 105 of this Constitution, the law
applicable to the grant and payment to any person,
or to his widow, children,
dependents or personal representatives, of any pension, gratuity or other like
allowance (in this section
and sections 104 and 105 of this Constitution
referred to as an "award") in respect of the service of that person in a public
office
shall be that in force on the relevant day or any later law not less
favourable to the person concerned.
(2)
For the purposes of this section the relevant day is-
(a) in relation to an award granted before Independence Day, the day on which the award was granted;
(b) in relation to an award granted or to be granted on or after Independence Day to or in respect of a person who was a public employee before that day, the day immediately before that day;
(c) in relation to an award granted or to be granted to or in respect of a person who first becomes a public employee on or after Independence Day, the day on which he becomes a public employee.
(3)
For the purposes of this section, in so far as the law applicable to an award
depends on the option of the person to or in respect
of whom it is granted or to
be granted, the law for which he opts shall be taken to be more favourable to
him than any other law
for which he might have opted.
Pensions
etc. charged on the Consolidated
Fund
104. Awards granted under any
law in force in Kiribati are (except so far as they are a charge on some other
fund and are duly paid
out of that fund to the person to whom payment is due)
hereby charged on and shall be paid out of the Consolidated
Fund.
Grant and
withholding of pensions, etc.
105.
(1) The power to grant any award under any pensions law in force in Kiribati
(other than an award to which, under that law, the
person to whom it is payable
is entitled as of right) and, in accordance with any provisions in that behalf
in any such law, to withhold,
reduce in amount or suspend any award payable
under any such law shall vest in the Beretitenti, acting in accordance with the
advice
of the Public Service Commission.
(2) In this section,
"pensions law" means any law relating to the grant to any person, or to the
widow, children, dependants or personal
representatives of that person, of an
award in respect of the services of that person in a public
office.
CHAPTER
VIII
FINANCE
Taxation
106.
No taxation shall be imposed or altered except by or under
law.
Consolidated
Fund and Special Funds
107.
(1) There shall be in and for Kiribati a Consolidated Fund into which, subject
to the provisions of any law in force in Kiribati,
shall be paid all revenues of
the Government.
(2)
The Maneaba ni Maungatabu may make provision for the establishment of Special
Funds, which shall not form part of the Consolidated
Fund.
(3) The receipts, earnings
and accruals of Special Funds established under this section and the balance of
such funds at the close
of each financial year shall not be paid into the
Consolidated Fund but shall be retained for the purposes of those
funds.
Withdrawal
of money from the Consolidated
Fund
108. (1) No money shall be
issued from the Consolidated Fund except upon the authority of a warrant under
the hand of the Minister
of Finance.
(2)
No warrant shall be issued by the Minister of Finance for the purpose of meeting
any expenditure unless-
(a) the expenditure has been authorised for the financial year during which the issue is to take place by an Appropriation Act; or
(b) the expenditure has been authorised in accordance with the provisions of section 109 (4), 110 or 111 of this Constitution: or
(c) it is statutory expenditure.
Authorisation
of expenditure
109.
(1) The Minister of Finance shall cause to be prepared and laid before the
Maneaba ni Maungatabu before or not later than 60
days after the commencement of
each financial year estimates of the revenues and expenditure of the Government
for that year.
(2)
The heads of expenditure contained in the estimates (other than statutory
expenditure) shall be included in a Bill to be known
as an Appropriation Bill
which shall be introduced into the Maneaba to provide for the issue from the
Consolidated Fund of the sums
necessary to supply those heads and the
appropriation of those sums for the purposes specified
therein.
(3) If in respect of any
financial year it is found that the sum appropriated by the Appropriation Act
for any purpose is insufficient
or that a need has arisen for expenditure for a
purpose for which no sum has been appropriated by that law, a supplementary
estimate
showing the sums required shall be included in a Supplementary
Appropriation Bill for
appropriation.
(4) Where in
respect of any financial year the Minister of Finance is satisfied that an
urgent and unforeseen need has arisen to authorise
for any purpose advances from
the Consolidated Fund for expenditure in excess of the sum appropriated for that
purpose by an Appropriation
Act, or for a purpose for which no sum has been so
appropriated, he may, subject to the provisions of any law in force in that
regard,
authorise such advances by warrant and shall include such amount in a
Supplementary Appropriation Bill for appropriation at the meeting
of the Maneaba
next following the date on which the warrant was issued.
(5)
If at the close of account for any financial year it is found that any moneys
have been expended on any head in excess of the
sum appropriated for that head
by an Appropriation Act or for a purpose for which no money has been
appropriated, the excess or the
sum expended but not appropriated as the case
may be shall be included in a statement of heads in excess which, together with
the
report of the Public Accounts Committee thereon, shall be presented to the
Maneaba.
(6) Statutory expenditure
shall not be voted on by the Maneaba but, without further authority of the
Maneaba, shall he paid out of
the Consolidated Fund by warrant under the hand of
the Minister of Finance.
Authorisation
of expenditure in advance of
appropriation
110. If the
Appropriation Act in respect of any financial year has not come into operation
by the beginning of that financial year,
the Maneaba ni Maungatabu by resolution
may empower the Minister of Finance to authorise the issue of moneys from the
Consolidated
Fund for the purpose of meeting expenditure necessary to carry on
the public services at a level not exceeding the level of these
services in the
previous financial year, until the expiration of 4 months from the beginning of
that financial year or the coming
into operation of the Appropriation Act,
whichever is the
earlier.
Delay
in Appropriation Act owing to
dissolution
111. Where at any time
the Maneaba ni Maungatabu has been dissolved before any provision or any
sufficient provision is made under
this Chapter for the carrying on of the
government of Kiribati, the Minister of Finance may issue a warrant for the
payment out of
the Consolidated Fund of such sums as he may consider necessary
for the continuance of the public services at a level not exceeding
the level of
these services in the previous financial year, until the expiration of 3 months
from the date on which the Maneaba first
meets after that dissolution, but a
statement of the sums so authorised shall, as soon as practicable, be laid
before the Maneaba
and the aggregate sums shall be included, under the
appropriate heads, in the next Appropriation
Bill.
Public
debt
112.
(1) There shall be charged on the Consolidated Fund all debt charges for which
the Government is liable.
(2)
For the purposes of this section debt charges include interest, sinking fund
charges, the repayment or amortisation of debt, and
all expenditure in
connection with the raising of loans on the security of the revenue of the
Government or the Consolidated Fund
and the service and redemption of debt
thereby created.
Remuneration of certain persons
113.
(1) There shall be paid to the holders of the offices to which this section
applies such salary or other remuneration and such
allowances as may be
prescribed.
(2)
The remuneration and allowances payable to the holders of those offices are
hereby charged on and shall be paid out of the Consolidated
Fund.
(3) The remuneration
prescribed under this section in respect of the holder of any such office and
his other terms of service (other
than allowances that are not taken into
account in computing, under any law in that behalf, any pension payable in
respect of his
service in that office) shall not be altered to his disadvantage
after his appointment except as part of any alteration generally
applicable to
public employees.
(4) Where a
person's remuneration or other terms of service depend upon his option, the
remuneration or terms for which he opts shall,
for the purposes of the preceding
subsection, be deemed to be more advantageous to him than any others for which
he might have opted.
(5) This
section applies to the offices of Speaker, Chief Justice and other judges of the
High Court? President and other judges of
the Court of Appeal, Attorney-General
(if he is not an elected member of the Maneaba), Director of Audit, Commissioner
of Police,
Chief Electoral Commissioner and other members of the Electoral
Commission, and Chairman and other members of the Public Service
Commission.
The
Director of Audit
114. (1) There
shall be a Director of Audit whose office shall be a public
office.
(2)
The public accounts of Kiribati and of all departments, offices, courts and
authorities of the Government shall be audited and
reported on annually by the
Director of Audit, and for that purpose the Director of Audit or any person
authorised by him in that
behalf shall at all times be entitled to access to all
books, records, returns and other documents relating to such
accounts.
(3) The Director of
Audit shall submit his reports made under the preceding subsection to the
Speaker who shall cause them to be laid
before the Maneaba ni Maungatabu; and he
shall also send a copy of each report to the Beretitenti and to the Minister of
Finance.
(4) In the exercise of
his functions under this section, the Director of Audit shall not be subject to
the direction or control of
any other person or
authority.
(5) Nothing in this
section shall prevent the performance by the Director of Audit
of-
(a) such other functions in relation to the accounts of the Government and the accounts of other public authorities and statutory or other bodies administering public funds in Kiribati as may be prescribed; or
(b) such other functions in relation to the supervision and control of expenditure from public funds in Kiribati as may be prescribed.
Public
Accounts Committee
115.
(1) There shall be a Public Accounts Committee of the Maneaba ni Maungatabu
which shall consist of 3 members of the Maneaba elected
by the
Maneaba.
(2)
No person shall be qualified for election as a member of the Committee if he
holds or is acting in the office of Beretitenti,
Kauoman-ni-Beretitenti or other
Minister, or Attorney-General.
(3)
The seat of a member of the Committee shall become vacant-
(a) if he ceases to be a member of the Maneaba;
(b) if he assumes the office of Beretitenti or is acting as such;
(c) if he is appointed to the office of Kauoman-ni-Beretitenti or other Minister, or Attorney-General, or to act as such; or
(d) if he is removed by the Maneaba by resolution.
(4)
The functions of the Committee shall be-
(a) to consider the accounts of the Government in conjunction with the report of the Director of Audit;
(b) to report to the Maneaba, in the case of any excess or unauthorised expenditure of funds, the reasons for such expenditure;
(c) to propose any measures it considers necessary to ensure that the funds of the Government are properly and economically spent; and
(d) where a report on the examination and audit of the accounts of any corporation, statutory board, body or commission is required by law to be laid before the Maneaba, to consider, report on and make recommendations to the Maneaba in respect of such accounts.
Interpretation
116.
In this Chapter-
(a) "financial year" means the twelve months ending on 31st December in any year or on such other date as may from time to time be prescribed;
(b) "statutory expenditure" means expenditure charged on the Consolidated Fund by virtue of any of the provisions of this Constitution or by virtue of any provision of any other law in force in Kiribati.
CHAPTER
IX
BANABA AND THE
BANABANS
Nominated
member of Maneaba ni Maungatabu
117.
(1) In the Maneaba ni Maungatabu 1 seat shall be reserved for a nominated
representative of the Banaban community (in this section
referred to as "the
nominated member").
(2)
The Electoral Commission shall declare the nominated member to be such person,
qualified under the next following subsection,
as shall have been nominated by
the Rabi council to fill the seat provided for by this
section.
(3) No person shall be
qualified to be a nominated member unless-
(a) he is a Banaban; and
(b) he is qualified to be elected as an elected member of the Maneaba in accordance with sections 55 (b) and 56 of this Constitution.
(4)
The seat of the nominated member shall become vacant-
(a) if he ceases to be a Banaban; or
(b) in any of the circumstances specified in paragraphs (a), (b), (c), (e) and (f) of section 57 and section 58 of this Constitution.
(5)
The High Court shall have jurisdiction to hear and determine any question
whether any person has been validly declared to be the
nominated member or the
nominated member has vacated his seat in the Maneaba or is required by virtue of
the preceding subsection
and section 58 of this Constitution to cease to perform
his functions as a member.
(6) An
application to the High Court for the determination of any question under the
preceding subsection may be made by the nominated
member, the Rabi Council, the
Electoral Commission or the
Attorney-General:
Provided that if
such an application is made by a person other than the Attorney-General, the
Attorney-General may intervene and may
then appear or be represented in the
proceedings.
Elected
representation in Maneaba
118.
(1) Notwithstanding the provisions of section 55 of this Maneaba Constitution, a
person who has attained the age of 21 years
shall be qualified to be elected as
an elected member of the Maneaba ni Maungatabu for an electoral district
comprising or including
Banaba if he is a citizen of Kiribati or a
Banaban.
(2)
Section 57 of this Constitution shall have effect in relation to an elected
member of the Maneaba for an electoral district comprising
or including Banaba
subject to the qualification that the seat of such a member shall become vacant
if that member ceases to be either
a citizen of Kiribati or a
Banaban
(3) A person shall be
entitled to be registered as an elector on Banaba if he is a Banaban or a
citizen of Kiribati and is otherwise
entitled under section 64 of this
Constitution to be registered as an elector in that
place.
(4) In reviewing the number
of electoral districts, the boundaries of electoral districts and the number of
elected representatives
as these relate to Banaba, the Electoral Commission
shall take account of the most recent census data for citizens of Kiribati and
for Banabans on Banaba whether or not they are citizens of Kiribati.
Land on
and access to Banaba
119.
(1) Where any Banaban possesses any right over or interest in any land in
Banaba, such right or interest shall not be affected
in any way by reason of the
fact that he resides in Rabi Island in Fiji.
(2)
Where the Republic has acquired any right over or interest in land in
Banaba-
(a) from any Banaban for the purpose of phosphate extraction; or
(b) by operation of law where the Crown had acquired it before Independence Day from any Banaban for that purpose,
the Republic shall transfer that right or interest to the Banaban from whom it was acquired (whether by the Republic or the Crown) or to his heirs and successors upon the completion of phosphate extraction from that land.
(3)
Where any Banaban possesses any right over or interest in land in Banaba, no
such right or interest shall be compulsorily acquired
other than a leasehold
interest and in accordance with section 8 (1) of this Constitution, and then
only where the following conditions
are satisfied, that is to
say-
(a) the Banaba Island Council has been consulted; and
(b) every reasonable effort has been made to acquire the interest by agreement with the person who possesses the right over or interest in the land.
(4)
Every Banaban shall have an inalienable right to enter and reside in Banaba and
accordingly section 14 of this Constitution shall
apply to Banabans in relation
to Banaba as if paragraph (c) of subsection (3) of that section were
deleted.
Movement
of persons into Banaba
120.
Nothing contained in or done under the authority of any law shall he held to he
inconsistent with or in contravention of section
14 of this Constitution to the
extent that the law in question makes provision for the imposition of
restrictions on the movement
of persons other than Banabans into
Banaba.
Banaba
Island Council
121. (1) There
shall be a Banaba Island Council.
(2) The powers and duties of the Banaba Island Council shall be prescribed by or under law.
Independent
Commission of Inquiry
122.
(1) At the expiration of a period of 3 years after Independence Day, the
Government shall appoint an independent Commission of
Inquiry, which shall
review the operation of the provisions of-
(a) this Chapter; and
(b) Chapter III, to the extent that the provisions of that Chapter confer rights on Banabans.
(2)
Having conducted a review under this section, the Commission shall make such
recommendations as it thinks fit, which shall be
presented to the Maneaba ni
Maungatabu.
(3) In the exercise of
its functions under this section the Commission shall not be subject to the
direction or control of any other
person or authority.
Appeals
to Judicial Committee
123.
(1) An appeal shall lie as of right to the Judicial Committee from any decision
of the High Court involving the interpretation
of this Constitution in any
proceedings in which application has been made to the High Court alleging that
any provision of this
Constitution has been contravened and the rights or
interests of any Banaban or of the Rabi Council under this Chapter or Chapter
III are being or are likely to be affected by such contravention.
(2)
Any decision by the Judicial Committee in any appeal under this section shall be
enforced in like manner as if it were a decision
of the High
Court.
(3) The Judicial Committee
shall, in relation to any appeal to it under this section in any case, have all
the jurisdiction and powers
possessed in relation to that case by the High
Court.
Entrenchment
124.
(1) A Bill for an Act to alter any of the provisions of-
(a) this Chapter; and
(b) Chapter III, to the extent that the provisions of that Chapter confer rights on Banabans,
shall not be passed by the Maneaba ni Maungatabu except in accordance with this section.
(2)
Consideration of any such Bill shall be deferred after its first reading in the
Maneaba until the next following meeting of the
Maneaba
(3) At its second reading
in the Maneaba the Bill shall not be passed if-
(a) it is not supported by the votes of at least two-thirds of all the members of the Maneaba; or
(b) either the nominated member or a Banaba elected member votes against the Bill.
(4)
If the nominated member is not present in the Maneaba at the time of voting on
the second reading of the Bill (whether or not
any Banaba elected member is
present at that time), consideration of the Bill shall be deferred until the
next following meeting
of the Maneaba, and the Rabi Council and the Banaba
Island Council shall be so informed in
writing.
(5) At the next following
meeting of the Maneaba a further vote on the bill may be held,
and-
(a) if the Bill is supported by the votes of at least two-thirds of all the members of the Maneaba and the nominated member does not vote against it, the Bill shall be passed;
(b) if the Bill is not supported by the votes of at least two thirds of all the members of the Maneaba, or if the nominated member votes against it, the Bill shall not be passed.
(6)
In this section-
(a) "nominated member" means the member of the Maneaba provided for in section 117 of this Constitution;
(b) "Banaba elected member" means an elected member of the Maneaba for an electoral district comprising or including Banaba;
(c) references to provisions of this Constitution include references to any other law in so far as that law alters those provisions;
(d) references to altering provisions of this Constitution include references-
(i) to repealing them, with or without re-enactment thereof or the making of different provision in lieu thereof;
(ii) to modifying them, whether by omitting or amending any such provisions or inserting additional provisions in the Constitution or otherwise;
(iii) to suspending their operation for any period, or terminating any such suspension; and
(iv) to making any other provision that is repugnant to them or otherwise inconsistent with them.
Interpretation
125.
In this Chapter-
(a) "Banaban" and "Banabans" means the former indigenous inhabitants of Banaba and such other persons one of whose ancestors was born in Kiribati before 1900 as may now or hereafter be accepted as members of the Banaban community in accordance with custom;
(b) "Rabi Council" means the Council of Leaders established by the Banaban Settlement Ordinance 1970 of Fiji, and includes such successor body as represents the Banaban community on Banaba and Rabi Island in Fiji.
CHAPTER
X
MISCELLANEOUS
Disciplined
forces
126. No disciplined force
shall be established other than the Kiribati Police, the Prison Service, the
Marine Protection Service and
the Marine Training
School.
Kiribati
text of Constitution
127. The
provisions of this Constitution shall be published in a Kiribati language text
as well as this English text, but in the event
of any inconsistency between the
2 texts this English text shall
prevail.
National
seal
128. There shall be a
national seal of the Republic bearing on it such device as the Maneaba ni
Maungatabu shall approve by
law.
Oaths
129.
(1) Before entering upon the duties of his office a person to whom this section
applies shall take and subscribe such oaths as
may be prescribed.
(2)
This section applies to any person appointed to hold or to act
in-
(a) the office of magistrate; and
(b) such other offices as may be prescribed.
Resignations
130.
Save as otherwise provided in this Constitution, any person. who is appointed to
or to act in any office established by this
Constitution may resign from that
office by notice in writing addressed to the person by whom he was appointed;
and the resignation
of any person from any such office by notice in writing
addressed in accordance with this Constitution to any other person shall
take
effect, and the office shall accordingly become vacant-
(a) at such time or on such date (if any) as may be specified in the notice; or
(b) when the notice is received by that other person,
whichever is the
later:
Provided that the
resignation may be withdrawn before it takes effect if the person to whom the
resignation is addressed consents
to its
withdrawal.
Performance
of functions of Commissions and Tribunals
131.
(1) Any Commission established by this Constitution may by regulations make
provision for regulating and facilitating the performance
by the Commission of
its functions under this Constitution.
(2) Any decision by any such Commission shall require the concurrence of a majority of all the members thereof and, subject as aforesaid, the Commission may act notwithstanding the absence of any member:
Provided that if in any particular case a vote of all the members is taken to decide the question and the votes cast are equally divided the chairman shall have and shall exercise a casting vote.
(3)
Subject to the provisions of this section, any such Commission may regulate its
own procedure.
(4) In the exercise
of its functions under this Constitution, no such Commission shall be subject to
the direction or control of any
other person or authority, except where
otherwise provided by this
Constitution.
(5) In addition to
the functions conferred upon it by or under this Constitution any such
Commission shall have such other functions
(if any) as may be
prescribed.
(6) The validity of
the transaction of business of any such Commission shall not be affected by the
fact that some person who was
not entitled to do so took part in the
proceedings.
(7)
The provisions of subsections (1), (2), (3) and (4) of this section shall apply
in relation to a Tribunal established for the
purposes of sections 14(4), 16(6),
83(4), 93(4) or 101(5) of this Constitution as they apply in relation to a
Commission established
by this Constitution, and any such Tribunal shall have
the same powers as the High Court in respect of the attendance and examination
of witnesses (including the administration of oaths and the examination of
witnesses abroad) and in respect of the production of
documents.
(8) The provisions of
subsections (1), (2), (3) and (4) of this section shall apply in relation to the
Maneaba Members' Salaries Tribunal
established by section 65 of this
Constitution as they apply in relation to a Commission established by this
Constitution.
Interpretation
132.
(1) In this Constitution, unless the context otherwise requires-
"Commonwealth" means Kiribati and any country to which section 27 of this Constitution for the time being applies, and includes the dependencies of any such country;
"Court of Appeal" means the Court of Appeal of Kiribati established by this Constitution;
"functions" includes rights, duties and powers;
"general election" means a general election of elected members of the Maneaba ni Maungatabu;
"the Government" means the Government of Kiribati;
"High Court" means the High Court of Kiribati established by this Constitution;
"high judicial office" means the office of judge of a court having unlimited jurisdiction in civil and criminal matters or a court having jurisdiction in appeals from any such court;
"Independence Day" means 12th July 1979;
"the Judicial Committee" means the Judicial Committee of the Privy Council established by the Judicial Committee Act 1833;
"Kiribati" means the territories which immediately before Independence Day comprised the colony of the Gilbert Islands, and which are more particularly specified in Schedule 2 to this Constitution;
"meeting" means, in relation to the Maneaba ni Maungatabu, the sittings of the Maneaba commencing when the Maneaba first meets after being summoned at any time and ending when the Maneaba is adjourned sine die or is dissolved;
"oath" includes affirmation;
"prescribed" means prescribed by or under law;
"public employee" means a person holding or acting in any public office;
"public office" means an office of emolument m the public service;
"public service" means the service of the Government in a civil capacity;
"the Republic" means the Republic of Kiribati;
"sitting" means, in relation to the Maneaba ni Maungatabu, a period during which the Maneaba is sitting continuously without adjournment and includes any period during which the Maneaba is in committee;
"the Speaker" means the Speaker of the Maneaba ni Maungatabu;
"subordinate court" means any court established for Kiribati other than the High Court, the Court of Appeal, or the Judicial Committee.
(2) Save as otherwise provided in this Constitution, the Interpretation Act 1978 shall apply, with the necessary adaptations, for the purpose of interpreting this Constitution, and otherwise in relation thereto, as it applies for the purpose of interpreting, and in relation to, Acts of the Parliament of the United Kingdom.
References
to public office, etc.
133. (1) In
this Constitution the expression "public office" shall not be construed as
including-
(a) the office of Beretitenti, or Kauoman-ni-Beretitenti or other Minister;
(b) the office of Speaker, elected member of the Maneaba ni Maungatabu, or the member of the Maneaba provided for in section 117 of this Constitution;
(c) the office of Chief Electoral Commissioner or other member of the Electoral Commission, or Chairman or other member of the Public Service Commission;
(d) except in sections 103 and 105 of this Constitution, the office of Chief Justice or other judge of the High Court, or President or other judge of the Court of Appeal.
(2)
For the purposes of this Constitution a person shall not be treated as holding
or acting in a public office by reason only that
he-
(a) is on leave of absence pending relinquishment of a public office, or is on leave of absence without salary from a public office;
(b) is receiving a pension or other like allowance from the Government;
(c) is a retired or reserve member of any disciplined force or a special constable;
(d) is a member, officer or servant of any local government council, or of any magistrates court and is paid as a magistrate sitting fees only; or
(e) is the holder of an office in the service or appointment of the Government or is performing any functions on behalf of the Government, if the only payments he receives in respect of that office or those functions are by way of travelling or subsistence allowances or a refund of out-of-pocket expenses.
Powers
of appointment and acting appointments
134.
(1) Any reference in this Constitution to power to make appointments to any
office shall be construed as including a reference
to power to make appointments
on promotion and transfer to that office and to power to appoint a person to act
in that office during
any period during which it is vacant or the holder thereof
is unable to perform the functions of that office.
(2)
In this Constitution, unless the context otherwise requires, a reference to the
holder of an office by the term designating his
office shall be construed as
including a reference to any person who is for the time being lawfully acting in
or performing the functions
of that
office.
(3) Where by this
Constitution any person is directed, or power is conferred on any person or
authority to appoint a person, to act
in or otherwise to perform the functions
of an office if the holder thereof is unable to perform the functions of that
office, the
validity of any performance of those functions by the person so
directed or of any appointment made in exercise of that power shall
not be
called in question in any court on the ground that the holder of the office is
not unable to perform the functions of the
office.
Reappointments
and concurrent appointments
135. (1) Where any person has vacated any office established by this Constitution, he may, if qualified, again be appointed or elected to hold that office in accordance with the provisions of this Constitution.
(2)
Whenever the holder of any office constituted by or under this Constitution, or
any public office otherwise constituted, is on
leave of absence pending
relinquishment of his office-
(a) another person may be appointed to that office; and
(b) that person shall, for the purpose of any function of that office, be deemed to be the sole holder of that office.
Removal from office
136.
(1) References in this Constitution to the power to remove a public employee
from his office shall be construed as including
references to any power
conferred by any law to require appointments or permit that employee to retire
from the public service and
to any power or right to terminate a contract on
which a person is employed as a public employee and to determine whether any
such
contract shall or shall not be renewed:
Provided
that nothing in this subsection shall be construed as conferring on any person
or authority power to require the Chief Justice
or any other judge of the High
Court, the President or any other judge of the Court of Appeal, the Commissioner
of Police or the
Director of Audit to retire from the public
service.
(2) Any provision of this
Constitution that vests in any person or authority power to remove any public
employee from his office shall
be without prejudice to the power of any person
or authority to abolish any office or to any law providing for the compulsory
retirement
of public employees generally or any class of public employee on
attaining an age specified therein.
Saving
for jurisdiction of courts
137. No
provision of this Constitution that any person or authority shall not be subject
to the direction or control of any other
person or authority in the exercise of
any functions under this Constitution shall be construed as precluding a court
of law from
exercising jurisdiction in relation to any question whether that
person or authority has performed those functions in accordance
with this
Constitution or any other law or should not perform those
functions.
Power
to amend and revoke instruments,
etc.
138. Where any power is
conferred by this Constitution to make any proclamation, regulation, order or
rule, or to give any direction
or instructions, the power shall be construed as
including the power, exercisable in like manner, to amend or revoke any such
proclamation,
regulation, order, rule, direction or
instructions.
Consultation
139.
Where any person or authority is directed by this Constitution to exercise any
function after consultation with any other person
or authority, that person or
authority shall not be obliged to exercise that function in accordance with the
advice of that other
person or authority.
SCHEDULE
I
(Sections 37, 39
(4), 43, 70, 72, 85 and 92)
OATHS AND AFFIRMATIONS
1. Oath of
Beretitenti.
I,.................,
swear by Almighty God [or solemnly affirm] that I will uphold the dignity of the
office of Beretitenti, and will
justly and faithfully carryout my duties in the
administration of the Independent and Sovereign Republic of Kiribati in
accordance
with the Constitution and the
law.
2. Oath of
Kauoman-ni-Beretitenti and other Ministers and
Attorney-General.
I,.................,
swear by Almighty God [or solemnly affirm] that I will well and truly serve the
Independent and Sovereign Republic
of Kiribati in accordance with the
Constitution and the law, and I do further swear [or solemnly affirm] that I
will not directly
or indirectly reveal such matters as shall be debated in
Cabinet and committed to my secrecy, but that I will in all things be a
true and
faithful [Kauoman-ni-Beretitenti] [Minister]
[Attorney-General].
3. Oath of
Member of the Maneaba ni
Maungatabu
I,................,
swear by Almighty God [or solemnly affirm] that I will be faithful and bear true
allegiance to the Independent
and Sovereign Republic of Kiribati, and that I
will justly and faithfully carry out my duties as a Member of the Maneaba ni
Maungatabu
of Kiribati.
4. Oath to
be taken by Judges and Commissioners of the High Court and Judges of the Court
of Appeal.
I,................,
swear by Almighty God [or solemnly affirm] that I will well and truly serve the
Independent and Sovereign Republic
of Kiribati as a judicial officer, and I will
in all things uphold the Constitution and the law, and I will do right to all
manner
of people after the laws and usages of Kiribati, without fear or favour,
affection or ill will.
SCHEDULE
2
(Section
132)
TERRITORY OF KIRIBATI
The land territory of
Kiribati comprises the following islands together with all small islands,
islets, rocks and reefs depending
on them-
Abaiang
Abemama
Aranuka
Arorae
Banaba
Beru
Birnie
Butaritari
Caroline
Enderbury
Flint
Kanton (otherwise known as Abariringa or Canton)
Kiritimati (otherwise known as Christmas)
Kuria
Maiana
Makin
Malden
Manra (otherwise known as Sydney)
Marakei
McKean
Nikumaroro (otherwise known as Gardner)
Nikunau
Nonouti
Onotoa
Orona (otherwise known as Hull)
Rawaki (otherwise known as Phoenix)
Starbuck
Tabiteuea
Tabuaeran (otherwise known as Fanning)
Tamana
Tarawa
Teraina (otherwise known as Washington)
Vostok
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