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Nauru Sessional Legislation |
THE CONSTITUTION OF NAURU*
WHEREAS we the people of Nauru acknowledge God as the almighty and
everlasting Lord and the giver of all good things:
And Whereas we
humbly place ourselves under the protection of His good providence and seek His
blessing upon ourselves and upon our lives:
And Whereas we have
declared that Nauru shall be a republic:
And Whereas a
Constitutional Convention representing us has prepared a constitution for
Nauru:
Now Therefore we the people of Nauru in our Constitutional
Convention this twenty-ninth day of January, One thousand nine hundred and
sixty-eight, do hereby adopt, enact and give to ourselves this Constitution to
come into force on the thirty-first day of January,
One thousand nine hundred
and sixty-eight.
ARRANGEMENT OF PARTS
Part I. The Republic of Nauru and the Supreme Law of Nauru (Articles I and 2).
Part II. Protection of Fundamental Rights and Freedoms (Articles 3-15).
Part III. The President and the Executive (Articles 16-25).
Part IV. The Legislature (Articles 26-47).
Part V. The Judicature (Articles 48-57).
Part VI. Finance (Articles 58-67).
Part VII. The Public Service (Articles 68-70).
Part VIII. Citizenship (Articles 71-76).
Part IX. Emergency Powers (Articles 77-79).
Part X. General (Articles 80-84).
Part XI. Transitional Provisions (Articles 85-100).
* This print of the Constitution of Nauru incorporates the alterations made by the Constitutional Convention of Nauru under Article 92 on 17 May 1968.
-------------------
PART I.
THE REPUBLIC OF NAURU AND THE SUPREME LAW OF NAURU
The Republic of Nauru
1. Nauru is an independent
republic.
Supreme Law of Nauru
2. (1.) This Constitution is
the supreme law of Nauru.
(2.) A law inconsistent with this Constitution
is, to the extent of the inconsistency, void.
PART II.
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
Preamble
3. Whereas every person in Nauru is entitled to
the fundamental rights and freedoms of the individual, that is to say, has 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 freedoms, namely:-
(a) life, liberty, security of the person, the enjoyment of property and the protection of the law;
(b) freedom of conscience, of expression and of peaceful assembly and association; and
(c) respect for his private and family life,
the subsequent
provisions of this Part have effect for the purpose of affording protection to
those rights and freedoms, subject to
such limitations of that protection as are
contained in those provisions, being limitations designed to ensure that the
enjoyment
of those rights and freedoms by a person does not prejudice the rights
and freedoms of other persons or the public interest.
Protection of
right to life
4.-(1.) No person shall be deprived of his life
intentionally, except in execution of a sentence of a court following his
conviction
of an offence for which the penalty of deprivation of life is
prescribed by law.
(2.) Deprivation of the life of a person is not a
contravention of the provisions of clause (1.) of this Article where it results
from the use, to such an extent and in such circumstances as is permitted by
law, of such force as is reasonably justifiable in the
circumstances of the
case-
(a) for the defence of a person from violence;
(b) for the defence of public property;
(c) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; or
(d) for the purpose of suppressing a riot, insurrection or muting.
Protection of personal liberty
5.-(1.) No person shall be
deprived of his personal liberty, except as authorised by law in any of the
following cases:-
(a) in execution of the sentence or order of a court in respect of an offence of which he has been convicted;
(b) for the purpose of bringing him before a court in execution of the order of a court;
(c) upon reasonable suspicion of his having committed, or being about to commit, an offence;
(d) under the order of a court, for his education during any period ending not later than the thirty-first day of December after he attains the age of eighteen years;
(e) under the order of a court, for his welfare during any period ending not later than the date on which he attains the age of twenty years;
(f) for the purpose of preventing the spread of disease;
(g) in the case of a person who is, or is reasonably suspected to be, of unsound mind or addicted to drugs or alcohol, for the purpose of his care or treatment or the protection of the community; and
(h) for the purpose of preventing his unlawful entry into Nauru, or for the purpose of effecting his expulsion, extradition or other lawful removal from Nauru.
(2.) A person who is arrested or detained shall be
informed promptly of the reasons for the arrest or detention and shall be
permitted
to consult in the place in which he is detained a legal representative
of his own choice.
(3.) A person who has been arrested or detained in the
circumstances referred to in paragraph (c) of clause (1.) of this Article and
has not been released shall be brought before a judge or some other person
holding judicial office within a period of twenty-four
hours after the arrest or
detention and shall not be further held in custody in connexion with that
offence except by order of a
judge or some other person holding judicial
office.
(4.) Where a complaint is made to the Supreme Court that a person
is unlawfully detained, the Supreme Court shall enquire into the
complaint and,
unless satisfied that the detention is lawful, shall order that person to be
brought before it and shall release him
Protection from forced
labour
6.-(1.) No person shall be required to perform forced
labour.
(2.) For the purposes of this Article, "forced labour" does not
include-
(a) labour required by the sentence or order of a court;
(b) labour required of a person while he is lawfully detained, being labour that, though not required by the sentence or order of a court, is reasonably necessary for the purposes of hygiene or for the maintenance of the place at which he is detained;
(c) labour required of a member of a disciplined force in pursuance of his duties as such a member; or
(d) labour reasonably required as part of reasonable and normal communal or other civic obligations.
Protection from inhuman treatment
7. No person shall be
subjected to torture or to treatment or punishment that is inhuman or
degrading.
Protection from deprivation of property
8.-(1.)
No person shall be deprived compulsorily of his property except in accordance
with law for a public purpose and on just terms.
(2.) Nothing contained
in or done under the authority of a law shall be held to be inconsistent with or
in contravention of the provisions
of clause (1.) of this Article to the extent
that that law makes provision-
(a) for the taking of possession or acquisition of any property-
(i) in satisfaction of a tax;
(ii) by way of penalty for breach of the law or forfeiture in consequence of 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 a judgment or order 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 is injurious to the health of human beings, animals or plants; or
(vi) in consequence of any law with respect to the limitation of actions; or
(b) for the taking of possession or acquisition of any of the following property:-
(i) property of a deceased person, a person of unsound mind or a person who has not attained the age of twenty years, for the purpose of administering it for the benefit of the person entitled to the beneficial interest in that property;
(ii) property of a person adjudged bankrupt or insolvent or of a body corporate in liquidation, for the purpose of administering it for the benefit of the creditors of the bankrupt or insolvent or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property;
(iii) 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; and
(iv) property held by a body corporate established by law for public purposes.
Protection of person and
property
9.-(1.) No person shall without his consent be subject to
the search of his person or property or the entry on his premises by other
persons.
(2.) Nothing contained in or done under the authority of any
law shall be held to be inconsistent with or in contravention of the
provisions
of clause (1.) of this Article to the extent that that law makes
provision-
(a) that is reasonably required in the interests of defence, public safety, public order, public morality, public health, the development or utilisation of natural resources or the development or utilisation of any property for a purpose beneficial to the community;
(b) that is reasonably required for protecting the rights or freedoms of other persons;
(c) that authorises an officer or agent of the Republic of Nauru or of a body corporate established by law for public purposes to enter, where reasonably necessary, on the premises of a person in order to inspect those premises or anything in or on them in relation to any tax or in order to carry out work connected with any property that is lawfully in or on those premises and belongs to the Republic or body corporate as the case may be; or
(d) that authorises, for the purpose of enforcing the judgment or order of a court, the search of a person or property by order of a court or entry upon any premises under such an order.
Provision to secure protection of law
10. (1.) No person shall
be convicted of an offence which is not defined by law.
(2.) A person
charged with an offence shall, unless the charge is withdrawn, be afforded a
fair hearing within a reasonable time by
an independent and impartial
court.
(3.) A person charged with an offence-
(a) shall be presumed innocent until proved guilty according to law;
(b) shall be informed promptly in a language that he understands and in detail of the nature of the offence with which he is charged;
(c) shall be given adequate time and facilities for the preparation of his defence;
(d) shall be permitted to have without payment the assistance of an interpreter if he cannot understand or speak the language used at the trial of the charge;
(e) shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice or to have a legal representative assigned to him in a case where the interests of justice so require and without payment by him in any such case if he does not, in the opinion of the court, have sufficient means to pay the costs incurred; and
(f) shall be afforded facilities to examine in person or by his legal representative the witnesses called before the court by the prosecution, and to obtain the attendance and carry out the examination of witnesses and to testify before the court on his own behalf, on the same conditions as those applying to witnesses called by the prosecution,
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.
(4.) No person shall be convicted of an 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 an offence that
is more severe 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 an offence and
either convicted or acquitted shall again
be tried for that offence, except upon
the order of a superior court made in the course of appeal or review proceedings
relating
to the conviction or acquittal.
(6.) No person shall be tried
for an offence for which he has been pardoned.
(7.) No person who is
tried for an offence shall be compelled to give evidence at the
trial.
(8.) No person shall be compelled in the trial of an offence to be
a witness against himself.
(9.) A determination of the existence or
extent of a civil right or obligation shall not be made except by an independent
and impartial
court or other authority prescribed by law and proceedings for
such a determination shall be fairly heard and within a reasonable
time.
(10.) Except with the agreement of the parties thereto, proceedings
of a court and proceedings for the determination of the existence
or extent of
any civil right or obligation before any other authority, including the
announcement of the decision of the court or
other authority, shall be held in
public.
(11.) Nothing in clause (10.) of this Article shall prevent the
court or other authority from excluding from the hearing of the proceedings
persons, other than the parties thereto and their legal representatives, to such
extent as the court or other authority-
(a) is by law empowered to do and considers necessary or expedient in the interests of public morality or in circumstances where publicity would prejudice the interests of justice, the welfare of persons under the age of twenty years or the protection of the private lives of persons concerned in the proceedings; or
(b) is by law empowered or required to do in the interests of defence, public safety or public order.
(12.) Nothing contained in or
done under the authority of any law shall be held to be inconsistent with or in
contravention of the
provisions
(a) paragraph (a) of clause (3.) of this Article by reason that that law places upon a person charged with an offence the burden of proving particular matters; or
(b) paragraph (f) of clause (3.) of this Article by reason that that law imposes reasonable conditions which must be satisfied if witnesses called to testify on behalf of a person charged with an offence are to be paid their expenses out of public funds.
Freedom of conscience
11.-(1.) A person has the right to
freedom of conscience, thought and religion, including freedom to change his
religion or beliefs
and freedom, either alone or in community with others and in
public or private, to manifest and propagate his religion or beliefs
in worship,
teaching, practice and observance.
(2.) Except with his consent, no
person shall be hindered in the enjoyment of a right or freedom referred to in
clause (1.) of this
Article.
(3.) Except with his consent or, if he is
under the age of twenty years, the consent of his parent or guardian, no
person attending a place of education is required to receive religious
instruction or to
take part in or attend a religious ceremony or observance if
that instruction, ceremony or observance relates to a religion other than
his own religion or belief.
(4.) Nothing contained in or done under the
authority of any law shall be held to be inconsistent with or in contravention
of the
provisions of this Article to the extent that that law makes provision
which is reasonably required-
(a) in the interests of defence, public safety, public order, public morality or public health;
(b) for protecting the rights and freedoms of other persons, including the right to observe and practise any religion without the unsolicited intervention of members of some other religion; or
(c) for regulating the secular education provided in any place of education in the interests of the persons receiving instruction in that place.
Protection of freedom of expression
12.-(1.) A person has the right to freedom of expression.
(2.) Except with his consent, no person shall be hindered in the
enjoyment of his right to freedom of expression.
(3.) Nothing contained
in or done under the authority of any law shall be held to be inconsistent with,
or in contravention of, the
provisions of this Article to the extent that that
law makes provision-
(a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health;
(b) that is reasonably required 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 or maintaining the authority and independence of the courts;
(c) that is reasonably required for the purpose of regulating the technical administration or technical operation of telephony, telegraphy, posts, wireless broadcasting or television or restricting the establishment or use of telephonic, telegraphic, wireless broadcasting or television equipment or of postal services; or
(d) that regulates the use of information obtained by public officers in the course of their employment.
Protection of freedom of assembly and association
13.-(1.)
Persons have the right to assemble and associate peaceably and to form or belong
to trade unions or other associations.
(2.) Except with his consent, no
person shall be hindered in the enjoyment of a right referred to in clause (1.)
of this Article.
(3.) Nothing contained in or done under the authority of
any law shall be held to be inconsistent with, or in contravention of, the
provisions of this Article to the extent that that law makes provision that is
reasonably required-
(a) in the interests of defence, public safety, public order, public morality or public health; or
(b) for protecting the rights and freedoms of other persons.
Enforcement of fundamental rights and freedoms
14.-(1.) A right
or freedom conferred by this Part is enforceable by the Supreme Court at the
suit of a person having an interest
in the enforcement of that right or
freedom.
(2.) The Supreme Court may make all such orders and declarations
as are necessary and appropriate for the purposes of clause (1.)
of this
Article.
Interpretation
15. In this Part, 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;
"disciplined force" means-
(a) the Police Force; or
(b) any other body established by law for the purposes of defence or maintaining public safety or public order;
"legal representative" means a person entitled to be in or to enter Nauru and entitled by law to appear in proceedings before a court on behalf of a party to those proceedings;
"member", in relation to a disciplined force, includes a person who, under the law regulating the discipline of that force, is subject to that discipline;
"public property" includes property of a body corporate established by law for public purposes.
PART III.1
THE PRESIDENT AND THE EXECUTIVE
The President
16. (1.) There shall be a President of Nauru,
who shall be elected by Parliament.
(2.) A person is not qualified to be
elected President unless he is a member of Parliament.
(3.) The Speaker
and the Deputy Speaker are not qualified to be elected President.
(4.)
The President holds office until the election of another person as
President.
(5.) Parliament shall elect a President-
(a) whenever the office of President is vacant;
(b) at the first sitting of Parliament next following its dissolution; and
(c) whenever-
(i) the President tenders the resignation of his office by writing under his hand delivered to the Speaker;
(ii) a resolution for the removal from office of the President and Ministers is approved under Article 24; or
(iii) the President ceases to be a member of Parliament otherwise than by reason only of its dissolution.
Executive Authority vests in the Cabinet
17.-(1.) The executive
authority of Nauru is vested in a Cabinet constituted as provided by this Part
and the Cabinet has the general
direction and control of the government of
Nauru.
(2.) The Cabinet is collectively responsible to
Parliament.
The Cabinet
18.-(1.) The Cabinet consists of
the President and the Ministers appointed under Article 19.
(2.) A member
of the Cabinet shall, before entering upon the duties of his office, take and
subscribe the oath set out in the First
Schedule.
(3.) A member of the
Cabinet shall not hold an office of profit in the service of Nauru or of a
statutory corporation.
Appointment of Ministers
19.-(1.)
Whenever a President is elected, he shall as soon as practicable appoint four or
five members of Parliament to be Ministers
of the Cabinet.
(2.) Whenever
there are less than four Ministers the President shall appoint a member of
Parliament to be a Minister but if Parliament
is dissolved the President shall
appoint a person who was a member immediately before the dissolution of
Parliament.
(3.) Whenever there are four but not five Ministers the
President may appoint a member of Parliament to be a
Minister.
Vacation of office
20. A Minister ceases to hold
office-
(a) upon the election of a President;
(b) upon resigning his office by writing under his hand delivered to the President;
(c) upon being removed from office by the President; or
(d) upon ceasing to be a member of Parliament otherwise than by reason only of its dissolution.
Provision for Minister to act as
President
21. The Cabinet may appoint a Minister to perform the
duties and exercise the functions of the President during any period during
which the President is unable to act owing to illness, absence from Nauru or any
other cause.
Meetings of Cabinet
22.-(1.) The President
shall preside at meetings of the Cabinet.
(2.) Subject to this
Constitution, the Cabinet may regulate its own procedure.
Appointment
of Ministers to Departments
23. The President may assign to himself
or to a Minister responsibility for any business of the government of Nauru and
may revoke
or vary an assignment made under this Article.
Vote of no
confidence
24.-(1.) Where Parliament on a resolution approved by at
least one-half of the total number of members of Parliament resolves that
the
President and Ministers be removed from office on the grounds that it has no
confidence in the Cabinet, an election of a President
shall be held.
(2.)
Where a President has not been elected before the expiration of a period of
seven days after the day on which a resolution under
clause (1.) of this Article
is approved Parliament shall stand dissolved.
Chief
Secretary
25.-(1.) There shall be a Chief Secretary of Nauru, who
shall be appointed by the Cabinet.
(2.) A member of Parliament is not
qualified to be appointed Chief Secretary.
(3.) The Chief Secretary may
resign his office by writing under his hand delivered to the President and may
be removed from office
by the Cabinet.
(4.) The Chief Secretary has such
powers and functions as the Cabinet directs and as are conferred on him by this
Constitution or
by law.
PART IV.
THE LEGISLATURE**
** The name of the Legislature was changed from "the Legislative Assembly" to "Parliament" on 17 May 1968.
Establishment of
legislature
26. There shall be a Parliament of
Nauru.
Legislative powers of legislature
27. Subject to
this Constitution, Parliament may make laws for the peace, order and good
government of Nauru; laws so made may have
effect outside as well as within
Nauru.
The Parliament
28.-(1.) Parliament shall consist of
eighteen members or such greater number as is prescribed by law.
(2.) For
the purpose of the election of members of Parliament, Nauru shall be divided
into constituencies.
(3.) Unless otherwise prescribed by law, the
constituencies and the number of members of Parliament to be returned by each of
the
constituencies are those described in the Second Schedule.
(4.) A
person shall not be at the same time a member of Parliament for more than one
constituency.
Electors for Parliament
29. Members of
Parliament shall be elected in such manner as is prescribed by law, by Nauruan
citizens who have attained the age of
twenty years.
Qualification for
membership of Parliament
30. A person is qualified to be elected a
member of Parliament if, and is not so qualified unless, he-
(a) is a Nauruan citizen and has attained the age of twenty years; and
(b) is not disqualified under this Constitution.
Disqualifications for membership of
Parliament
31. No person is qualified to be elected a member of
Parliament if he-
(a) is an undischarged bankrupt or insolvent who has been declared bankrupt or insolvent according to law;
(b) is a person certified to be insane or otherwise adjudged according to law to be mentally disordered;
(c) has been convicted and is under sentence or is subject to be sentenced for an offence punishable according to law by death or by imprisonment for one year or longer;
(d) does not possess such qualifications relating to residence or domicile in Nauru as are prescribed by law; or
(e) holds an office of profit in the service of Nauru or of a statutory corporation, being an office prescribed by law for the purposes of this paragraph.
Vacation of seats by members of Parliament
32.-(1.) A member of
Parliament vacates his seat-
(a) upon the dissolution of Parliament next after his election;
(b) upon becoming disqualified under Article 31 to be elected a member of Parliament;
(c) upon resigning his seat by writing under his hand delivered, in the case of a member other than the Speaker, to the Speaker and, in the case of the Speaker, to the Clerk of Parliament;
(d) if he is absent without leave of Parliament on every day on which a meeting of Parliament is held during a period of two months; or
(e) upon ceasing to be a Nauruan citizen.
(2.) In the event
of the occurrence of a vacancy in the office of a member of Parliament,
an election shall be held in the manner prescribed by law of a member to fill
the vacant office.
Clerk of Parliament
33.-(1.) There shall
be a Clerk of Parliament, who shall be appointed by the Speaker.
(2.) A
member of Parliament is not qualified to be appointed Clerk of
Parliament.
(3.) The Clerk of Parliament may at any time resign his
office by writing under his hand delivered to the Speaker and may be removed
from office by the Speaker at any time.
(4.) Before or during the absence
of the Clerk of Parliament, the Speaker may appoint a person who is not a member
of Parliament to
perform the functions of the Clerk during his
absence.
Speaker of Parliament
34.-(1.) Parliament shall,
before it proceeds to the despatch of any other business, elect one of its
members to be Speaker and, whenever
the office of Speaker is vacant, shall not
transact any business other than the election of one of its members to fill that
office.
(2.) A member of the Cabinet is not qualified to be elected
Speaker.2
(3.) The Speaker ceases to hold
office-3
(a) when Parliament first meets after a dissolution;
(b) upon ceasing to be a member of Parliament otherwise than by reason only of its dissolution;
(c) upon becoming a member of the Cabinet;
(d) upon being removed from office by a resolution of Parliament; or
(e) upon resigning his office by writing under his hand delivered to the Clerk of Parliament.
Deputy Speaker of
Parliament
35.-(1.) Parliament shall, after the election of the
Speaker and before it proceeds to the despatch of any other business, elect one
of its members to be Deputy Speaker and, whenever the office of Deputy Speaker
is vacant, shall, as soon as possible, elect one of
its members to fill that
office.
(2.) A member of the Cabinet is not qualified to be elected
Deputy Speaker.4
(3.) The Deputy Speaker ceases to hold
office5-
(a) when Parliament first meets after a dissolution;
(b) upon ceasing to be a member of Parliament otherwise than by reason only of its dissolution;
(c) upon becoming a member of the Cabinet;
(d) upon being removed from office by a resolution of Parliament; or
(e) upon resigning his office by writing under his hand delivered to the Clerk of Parliament.
(4.) The powers and functions conferred by
this Constitution upon the Speaker shall, if there is no person holding the
office of Speaker
or if the Speaker is absent from a sitting of Parliament or is
otherwise unable to exercise those powers and perform those functions,
be
exercised and performed by the Deputy Speaker and, if he is also absent or
unable to exercise those powers and perform those functions,
Parliament may
elect one of its members to exercise those powers and perform those
functions.
Determination on questions of membership of
Parliament
36. Any question that arises concerning the right of a
person to be of or to remain a member of Parliament shall be referred to and
determined by the Supreme Court.
Powers privileges and immunities of
Parliament
37. The powers, privileges and immunities of Parliament
and of its members and committees are such as are declared by
Parliament.
Procedure in Parliament
38.-(1.) Parliament may
make, amend or repeal rules and orders with respect to-
(a) the mode in which its powers, privileges and immunities may be exercised and upheld; and
(b) the conduct of its business and proceedings.
(2.)
Parliament may act notwithstanding a vacancy in its membership and the presence
or participation of a person not entitled to
be present at, or to participate
in, the proceedings of Parliament does not invalidate those
proceedings.
General Elections for
Parliament6
39. A general election of members of
Parliament shall be held at such time within two months after a dissolution of
Parliament as
the Speaker in accordance with the advice of the President
appoints.
Sessions of Parliament7
40.-(1.) Each
session of Parliament shall be held at such place and shall begin at such time,
not being later than twelve months after
the end of the preceding session if
Parliament has been prorogued, or twenty-one days after the last day on which a
candidate at
a general election is declared elected if Parliament has been
dissolved, as the Speaker in accordance with the advice of the President
appoints.
(2.) Subject to the provisions of clause (1.) of this Article,
the sittings of Parliament shall be held at such times and places as it,
by its rules of procedure or otherwise, determines.
Prorogation and
dissolution of Parliament
41.-(1.) The Speaker, in accordance with
the advice of the President, may at any time prorogue Parliament.
(2.)
The Speaker shall, if he is advised by the President to dissolve Parliament,
refer the advice of the President to Parliament
as soon as practicable and in
any case before the expiration of fourteen days after his receipt of the
advice.8
(3.) For the purposes of clause (2.) of this Article,
and notwithstanding Article 40, the Speaker shall, if necessary, appoint a time
for the beginning of a session, or for a sitting, of Parliament.
(4.)
Where the Speaker has, under clause (2.) of this Article, referred the advice of
the President to Parliament, and no resolution
for the removal from office of
the President and Ministers under Article 24 is approved after the date on which
the advice was so
referred, he shall dissolve Parliament on the seventh day
after that date.
(5.) The President may withdraw his advice at any time
before the Speaker has dissolved Parliament and where the President so withdraws
his advice, the Speaker shall not dissolve Parliament.
(6.)
Notwithstanding the preceding provisions of this Article, where a resolution for
the removal from office of the President and
Ministers is approved under Article
24, the Speaker shall not-
(a) prorogue Parliament; or
(b) dissolve Parliament,
during the period of seven days
after the day on which the resolution is approved.
(7.) Parliament shall,
unless sooner dissolved, continue for a period of three years from and including
the date of the first sitting
of Parliament after any dissolution and shall then
stand dissolved.
Sessions of Parliament at request of one-third of
members
42.-(1.) Where-
(a) Parliament is not in session; and
(b) there is delivered to the Speaker a request that complies with clause (2.) of this Article for the holding of a session,9
the
Speaker shall appoint a time for the holding of a session of Parliament, being a
time before the expiration of fourteen days after
the request is
delivered.
(2.) A request referred to in clause (1.) of this
Article10-
(a) shall be in writing;
(b) shall be signed by a member of Parliament for each of at least three constituencies and by a number of members of Parliament which is at least one-third of the total number of members of Parliament; and
(c) shall set out particulars of the business proposed to be dealt with at the session of Parliament.
Oath of members of Parliament
43.-(1.) A member of Parliament
shall, before taking his seat, take and subscribe before Parliament the oath set
out in the Third
Schedule, but a member may before taking and subscribing that
oath take part in electing the Speaker.
(2.) The Speaker shall, if he has
not taken and subscribed the oath set out in the Third Schedule, take and
subscribe that oath before entering upon the duties of his
office.
Speaker to preside
44. The Speaker shall preside at
a sitting of Parliament.
Quorum
45. No business shall be
transacted at a sitting of Parliament if the number of its members present,
other than the person presiding
at the sitting, is less than one-half of the
total number of members of Parliament.
Voting
46.-(1.)
Except as otherwise provided by this Constitution, a question before Parliament
shall be decided by a majority of the votes
of its members present and
voting.
(2.) The Speaker or other member presiding in Parliament shall
not vote unless on a question the votes are equally divided in which
case he has
and shall exercise a casting vote.
Enactment of laws
47. A
proposed law becomes law on the date when the Speaker certifies that it has been
passed by Parliament.
PART V.
THE JUDICATURE
Supreme Court of Nauru
48.-(1.) There shall be a Supreme
Court of Nauru, which shall be a superior court of record.
(2.)
The Supreme Court has, in addition to the jurisdiction conferred on it by this
Constitution, such jurisdiction as is prescribed
by law.
Chief Justice
and Judges of Supreme Court
49.-(1.) The Supreme Court consists of a
Chief Justice and such number, if any, of other judges as is prescribed by
law.
(2.) The judges of the Supreme Court shall be appointed by the
President.11
(3.) A person is not qualified to be appointed a
judge of the Supreme Court unless he is entitled as prescribed by law to
practise
as a barrister or solicitor in Nauru and has been so entitled for not
less than five years.
Vacation of office
50.-(1.) A judge
of the Supreme Court ceases to hold office on attaining the age of sixty-five
years or, if a greater age is prescribed
by law for the purposes of this
Article, on attaining that greater age.
(2.) A law that prescribes a
greater age for the purposes of this Article may provide that that law applies
only to specified judges.
Removal from office and
resignation
51.-(1.) A judge of the Supreme Court may not be removed
from office except on a resolution of Parliament approved by not less than
two-thirds of the total number of members of Parliament praying for his removal
from office on the ground of proved incapacity or
misconduct.
(2.) A
judge of the Supreme Court may resign his office by writing under his hand
delivered to the President.12
Oath of office
52.
A judge of the Supreme Court shall not enter upon the duties of his office
unless he has taken and subscribed the oath set out
in the Fourth
Schedule.
Acting judges
53.-(1.) If the office of Chief
Justice is vacant or if the Chief Justice is for any reason unable to perform
the duties of his office
then until a person has been appointed to and has
assumed the duties of that office or until the person holding that office has
resumed
those duties, as the case may be, those duties shall be discharged by
such one of the other judges of the Supreme Court as is designated
by the
President or, if there is no other judge of the Supreme Court, by a person
designated by the President, being a person who
is qualified to be appointed a
judge of the Supreme Court.13
(2.) If the office of a judge of
the Supreme Court other than the office of the Chief Justice is vacant or if the
person holding that
office is for any reason unable to perform the duties of his
office or if the state of business in the Supreme Court so requires,
the
President may appoint a person qualified to be appointed a judge of the Supreme
Court to act as a judge of the Supreme Court
and a person so appointed may act
as a judge of the Supreme Court notwithstanding that he has attained the age of
sixty five years
or, if a greater age is prescribed by law for the purposes of
Article 50, has attained that greater age.14
(3.) The
provisions of clause (2.) of this Article apply in respect of the office of
Chief Justice if at a time when the office of
the Chief Justice is vacant no
other person holds office as a judge of the Supreme Court.
(4.) A person
appointed under clause (2.) of this Article to act as a judge of the Supreme
Court shall continue to act for the period
of his appointment or, if no such
period is specified, until his appointment is revoked by the
President.15
Matters concerning the
Constitution
54.-(1.) The Supreme Court shall, to the exclusion of
any other court, have original jurisdiction to determine any question arising
under or involving the interpretation or effect of any provision of this
Constitution.
(2.) Without prejudice to any appellate jurisdiction of the
Supreme Court, where in any proceedings before another court a question
arises
involving the interpretation or effect of any provision of this Constitution,
the cause shall be removed into the Supreme
Court, which shall determine that
question and either dispose of the case or remit it to that other court to be
disposed of in accordance
with the determination.
The Cabinet may
refer questions on Constitution to the Supreme Court16
55.
The President or a Minister may, in accordance with the approval of the Cabinet,
refer to the Supreme Court for its opinion any
question concerning the
interpretation or effect of any provision of this Constitution which has arisen
or appears to the Cabinet
likely to arise, and the Supreme Court shall pronounce
in open court its opinion on the question.
Subordinate
courts
56. There shall be such subordinate courts as are established
by law and those courts possess such jurisdiction and powers as are
prescribed
by law.
Appeals
57.-(1.) Parliament may provide that an
appeal lies as prescribed by law from a judgment, decree, order or sentence of
the Supreme
Court constituted by one judge to the Supreme Court constituted by
not less than two judges.
(2.) Parliament may provide that an appeal lies
as prescribed by law from a judgment, decree, order or sentence of the Supreme
Court
to a court of another country.
PART VI.
FINANCE
Treasury Fund
58. All revenues and other moneys raised or
received by Nauru, not being revenues or other moneys payable by law into
another fund
established for a specific purpose, shall be paid into and form a
Treasury Fund.17
Withdrawals from Treasury Fund and public
funds
59.-(1.) No moneys shall be withdrawn from the Treasury Fund
except to meet expenditure that is charged upon the Treasury Fund by
this
Constitution or in accordance with law.
(2.) No moneys shall be withdrawn
from any fund referred to in Article 58 other than the Treasury Fund except in
accordance with law.
(3.) A proposed law for the withdrawal of moneys
from the Treasury Fund or any other fund referred to in Article 58 shall not
receive
the certificate of the Speaker under Article 47 unless the purpose of
the withdrawal has been recommended to Parliament by the
Cabinet.18
(4.) The Cabinet shall cause to be prepared and
laid before Parliament before the date of commencement of each financial year
(or
if, in respect of a particular financial year, Parliament, by resolution,
determines a later date, before that later date), estimates
of the revenues and
expenditure of Nauru for that
year.19
Taxation
60. No tax shall be raised
except as prescribed by law and a proposed law for the imposition of a
tax shall not receive the certificate of the Speaker under Article 47 unless the
imposition of the tax has
been recommended to Parliament by the
Cabinet.20
Withdrawal of moneys in advance of appropriation
law
61.-(1.) If the appropriation law in respect of a financial year
has not received the certificate of the Speaker under Article 47 on or
before the twenty-first day before the commencement of that financial
year, the
Cabinet may, in accordance with clause (2.) of this Article, recommend to
Parliament a proposed law authorising the withdrawal
of moneys from the Treasury
Fund for the purpose of meeting expenditure necessary to carry on the services
of the Republic of Nauru
after the commencement of that financial year until the
expiration of three months or the coming into operation of the appropriation
law, whichever is the earlier.21
(2.) A recommendation by the
Cabinet referred to in clause (1.) of this Article shall be in writing delivered
to the Speaker not later
than the fourteenth day before the commencement of the
financial year and the Speaker shall, on receiving the recommendation, lay
it
before Parliament as soon as practicable.22
(3.) For the
purposes of clause (2.) of this Article and notwithstanding Article 40, the
Speaker shall, if necessary, appoint a time
for the beginning of a session, or
for a sitting, of Parliament.23
(4.) Where the Cabinet has
recommended a proposed law under clause (1.) of this Article and neither the
appropriation law nor that
proposed law has come into operation on or before the
commencement of that financial year, the Cabinet may authorise the withdrawal
of
moneys in accordance with that proposed law but the amount of moneys so
withdrawn shall not exceed one-quarter of the amount withdrawn
under the
authority of the appropriation law or laws in respect of the preceding financial
year.24
Long Term Investment Fund
62.-(1.) There
shall be a Long Term Investment Fund constituted by the moneys that immediately
before the commencement of this Constitution
constituted a fund called the
Nauruan Community Long Term Investment Fund and by such other moneys as are
appropriated by law for
payment into the fund or are paid into the fund as
provided by clause (2.) of this Article.
(2.) Moneys constituting the
Long Term Investment Fund may be invested as prescribed by law and income
derived from moneys so invested
shall be paid into the fund.
(3.)
Notwithstanding the provisions of Article 59, no moneys shall be withdrawn from
the Long Term Investment Fund (otherwise than
for investment under clause (2.)
of this Article) until the recovery of the phosphate deposits in Nauru has, by
reason of the depletion
of those deposits, ceased to provide adequately for the
economic needs of the citizens of Nauru.
Phosphate
royalties
63.-(1.) Parliament may provide for the establishment of a
fund for the benefit of persons from whose land phosphate deposits have
been
recovered and for the payment into that fund of amounts from the Treasury Fund
and for the payment of moneys out of that fund
to those persons.
(2.)
Parliament may provide for the payment from the Treasury Fund to persons from
whose land phosphate deposits have been recovered
of such royalties as are
prescribed by law.
Contingencies Fund
64.-(1.) Parliament
may provide for the establishment of a Contingencies Fund and for authorising
the Cabinet, if satisfied that there
has arisen an urgent and unforeseen need
for expenditure for which no other provision exists, to make advances from that
fund for
the purposes of that expenditure.25
(2.) Where an
advance is made from the Contingencies Fund, provision may be made by law for
replacing the amount so advanced.
Remuneration of certain
officers
65.-(1.) There shall be paid to the holders of the offices
to which this Article applies such salary and such allowances as are prescribed
by law.26
(2.) The salaries and allowances payable to the
holders of the offices to which this Article applies are a charge on the
Treasury
Fund.
(3.) The salary and allowances payable to the holder of an
office to which this Article applies and his other conditions of service
shall
not be altered to his disadvantage during the term of his
appointment.
(4.) This Article applies to the office of judge of the
Supreme Court, Clerk of Parliament and Director of Audit.
Director of
Audit
66.-(1.) There shall be a Director of Audit, whose office is a
public office.
(2.) The powers and functions and the conditions of
service of the Director of Audit are, subject to this Constitution, as
prescribed
by law.
(3.) The Director of Audit shall not hold or act in any other public
office during his period of service and a person who has held
the office of
Director of Audit shall not hold or act in any public office during the period
of three years after he ceases to be
Director of Audit.
(4.) The Director
of Audit may resign his office at any time by writing under his hand delivered
to the Speaker.
(5.) The Director of Audit may not be removed from office
except on a resolution of Parliament approved by not less than two-thirds
of the
total number of members of Parliament praying for his removal from office on the
ground of proved incapacity or misconduct.
Public
debt
67.-(1.) All debt charges for which Nauru is liable are a charge
on the Treasury Fund.
(2.) For the purposes of this Article, debt charges
include interest, sinking fund charges, repayment or amortisation of debt and
all expenditure in connexion with the raising of loans and the service and
redemption of the debt thereby created.
PART VII.***
*** Part VII., Articles 68-70 substituted 17.5.68
THE PUBLIC SERVICE
Appointments etc., in the Public Service
68.-(1.) Except as
otherwise provided by law under Article 69, there is vested in the Chief
Secretary the power -
(a) to appoint, subject to clause (3.) of this Article, persons to hold or act in offices in the Public Service;
(b) to exercise disciplinary control over persons holding or acting in such offices; and
(c) to remove such persons from office.
(2.) The Chief
Secretary may, by instrument in writing under his hand, delegate to a
public officer power to exercise disciplinary control over persons holding
or
acting in such public offices, other than offices referred to in clause (3.) of
this Article, as the Chief Secretary specifies
in the instrument and such
delegation is subject to such conditions, if any, as the Chief Secretary
specifies in the instrument.
(3.) The Chief Secretary may not exercise
his power under paragraph (a) of clause (1.) of this Article in relation to the
office of
a person in charge of a department of government and such other
offices as are prescribed by law except in accordance with the approval
of the
Cabinet.
(4.) The Chief Secretary shall report to the Cabinet on such
matters relating to the exercise of the powers under this Article as
are
prescribed by law at least once a year and the Cabinet shall cause a copy of the
report to be laid before Parliament.
Power of Parliament to establish
Public Service Board and to make special provisions regarding
police
69.-(1.) Parliament may make provision for either or both of
the following:-
(a) vesting the powers and functions of the Chief Secretary under clauses (1.) and (2.) of Article 68 in a Public Service Board consisting of the Chief Secretary, who shall be Chairman, and not less than two other persons who are not members of Parliament; and
(b) subject to clause (2.) of this Article, vesting in the public officer in charge of the Nauru Police Force the powers and functions of the Chief Secretary under clause (1.) of Article 68, in so far as they apply to or in respect of public officers in the Nauru Police Force.
(2.) Where
Parliament makes provision under paragraph (b) of clause (1.) of this Article
-
(a) it shall also make provision for establishing a Police Service Board consisting of not less than three persons, who are not members of Parliament, of whom one shall be the Chief Justice, who shall be Chairman, one shall be the Chief Secretary, and one shall be a person elected by members of the Nauru Police Force in such manner and for such term as are prescribed by law;
(b) the power of the public officer in charge of the Nauru Police Force to appoint persons to hold or act in offices in the Nauru Police Force shall be subject to such consent, if any, of the Police Service Board as is required by law; and
(c) the Chief Secretary or, where Parliament has made provision for a Public Service Board, the Public Service Board, shall not exercise the powers or perform the functions under clauses (1.) and (2.) of Article 68 in so far as they apply to or in respect of public officers in the Nauru Police Force.
(3.) An appeal lies to the Police Service Board from a
decision of the public officer in charge of the Nauru Police Force under this
Article to remove a public officer from office or to exercise disciplinary
control over a public officer at the instance of the public
officer in respect
of whom the decision is made.
(4.) The Police Service Board shall
exercise such other powers and functions as are conferred on it by law and
shall, subject to this
Article and any law, regulate its own
procedure.
(5.) Except as otherwise provided by law, no appeal lies from
a decision of the Police Service Board.
Public Service Appeals
Board
70.-(1.) There shall be a Public Service Appeals Board which
shall consist of the Chief Justice, who shall be Chairman, one person
appointed
by the Cabinet and one person elected by public officers as prescribed by
law.
(2.) A member of Parliament is not qualified to be a member of the
Public Service Appeals Board.
(3.) A member of the Public Service Appeals
Board ceases to hold office-
(a) upon being elected a member of Parliament;
(b) if he was appointed by the Cabinet, upon being removed from office by the Cabinet or upon resigning his office by writing under his hand delivered to the President; or
(c) if he was elected by public officers, upon the expiration of the term for which he was elected, upon being removed from office in the manner prescribed by law or upon resigning his office by writing under his hand delivered to the Chief Secretary.
(4.) Whenever a member of the Public Service
Appeals Board, other than the Chief Justice, is unable for any reason or
ineligible under
clause (5.) of this Article to perform the duties of his
office, the Cabinet may-
(a) if the member was appointed by it, appoint a person who is not a member of Parliament; or
(b) if the member was elected by public officers, appoint, subject to such conditions, if any, as are prescribed by law, a person,
to
act as a member of the Public Service Appeals Board during the period of the
inability or ineligibility of the member.
(5.) Parliament may provide
that a member of the Public Service Appeals Board, other than the Chief Justice,
is ineligible to act
in relation to such matters as are prescribed by
law.
(6.) Except where an appeal lies to the Police Service Board under
Article 69, an appeal lies to the Public Service Appeals Board
from a decision
to remove a public office or to exercise disciplinary control over a public
officer at the instance of the public
officer in respect of whom the decision is
made.
(7.) The Public Service Appeals Board shall exercise and perform
such other powers and functions as are conferred on it by law and
shall, subject
to this Constitution and any law, regulate its own procedure.
(8.) Except
as otherwise provided by law, no appeal lies from a decision of the Public
Service Appeals Board.
PART VIII.
CITIZENSHIP
Members of Nauruan community to be Nauruan citizens
71. A
person who on the thirtieth day of January One thousand nine hundred and
sixty-eight was included in one of the classes of persons
who constituted the
Nauruan Community within the meaning of the Nauruan Community Ordinance
1956-1966 of Nauru is a Nauruan citizen.
Persons born on or after
31 January 1968
72.-(1.) A person born on or after the thirty-first
day of January One thousand nine hundred and sixty-eight is a Nauruan citizen
if
his parents were Nauruan citizens at the date of his birth.
(2.) A person
born on or after the thirty-first day of January One thousand nine hundred and
sixty-eight is a Nauruan citizen if he
is born of a marriage between a Nauruan
citizen and a Pacific Islander and neither parent has within seven days after
the birth of
that person exercised a right prescribed by law in the manner
prescribed by law to determine that that person is not a Nauruan
citizen.
Persons born in Nauru on or after 31 January
1968
73. A person born in Nauru on or after the thirty-first day of
January One thousand nine hundred and sixty-eight is a Nauruan citizen
if, at
the date of his birth he would not, but for the provisions of this Article, have
the nationality of any country.
Women married to Nauruan
Citizens
74. A woman, not being a Nauruan citizen, who is married to
a Nauruan citizen or has been married to a man who was, throughout the
subsistence of the marriage, a Nauruan citizen, is entitled, upon making
application in such manner as is prescribed by law, to become
a Nauruan
citizen.27
Powers of Parliament regarding
citizenship
75.-(1.) Parliament may make provision for the
acquisition of Nauruan citizenship by persons who are not otherwise
eligible to become Nauruan citizens under the provisions of this
Part.
(2.) Parliament may make provision for depriving a person of his
Nauruan citizenship being a person who has acquired the nationality
of another
country otherwise than by marriage.
(3.) Parliament may make provision
for depriving a person of his Nauruan citizenship being a person who is a
Nauruan citizen otherwise
than by reason of Article 71 or Article
72.
(4.) Parliament may make provision for the renunciation by a person
of his Nauruan citizenship.
Interpretation
76.-(1.) In this
Part, "Pacific Islander" has, except as otherwise prescribed by law, the same
meaning as in the Nauruan Community Ordinance 1956-1966 of
Nauru.
(2.) A reference in this Part to the citizenship of the parent of
a person at the date of that person's birth shall, in relation to
a person one
of whose parents died before the birth of that person, be construed as a
reference to the citizenship of the parent
at the time of the parent's
death.
PART IX.
EMERGENCY POWERS
Declaration of an emergency
77.-(1.) If the President is
satisfied that a grave emergency exists whereby the security or economy of Nauru
is threatened he may,
by public proclamation, declare that a state of emergency
exists.28
(2.) A declaration of emergency lapses-
(a) if the declaration is made when Parliament is sitting, at the expiration of seven days after the date of publication of the declaration; or
(b) in any other case, at the expiration of twenty-one days after the date of publication of the declaration,
unless it has in the meantime
been approved by a resolution of Parliament approved by a majority of the
members of Parliament present
and voting.
(3.) The President may at any
time revoke a declaration of emergency by public proclamation.
(4.) A
declaration of emergency that has been approved by a resolution of Parliament
under clause (2.) of this Article remains, subject
to the provisions of clause
(3.) of this Article, in force for twelve months or such shorter period as is
specified in the resolution.
(5.) A provision of this Article that a
declaration of emergency lapses or ceases to be in force at a particular time
does not prevent
the making of a further such declaration whether before or
after that time.
Emergency powers
78. (1.) During the
period during which a declaration of emergency is in force, the President may
make such orders as appear to him
to be reasonably required for securing public
safety, maintaining public order or safeguarding the interests or maintaining
the welfare
of the community.29
(2.) An order made by the
President under clause (1.) of this Article30:
(a) has effect notwithstanding anything in Part II of this Constitution or in Article 94;
(b) is not invalid in whole or in part by reason only that it provides for any matter for which provision is made under any law or because of inconsistency with any law; and
(c) lapses when the declaration of emergency lapses unless in the meantime the order is revoked by a resolution of Parliament approved by a majority of the members of Parliament present and voting.
(3.) The revocation
or lapsing of an order made by the President under clause (1.) of this Article
does not affect the previous operation
of that order, the validity of anything
done or omitted to be done under it or any offence committed or penalty or
punishment incurred.31
Restriction on
detention
79.-(1.) For the purposes of this Article there shall be an
advisory board consisting of the Chief Justice, one person nominated by
the
Chief Justice and one person nominated by the Cabinet.32
(2.)
A person detained under an order under Article 78 shall, as soon as practicable,
be informed of the reasons for his detention
and be brought before the advisory
board and permitted to make representations against his detention.
(3.)
No person shall be detained under an order under Article 78 for a period
exceeding three months unless that person has been brought
before the advisory
board and any representations made by him have been considered by it and it has
within that period determined
that there is sufficient cause for the
detention.
PART XI.
GENERAL
Grant of pardon
80. The President may-
(a) grant a pardon, either free or subject to lawful conditions, to a person convicted of an offence;33
(b) grant to a person a respite, either indefinite or for a specified period, of the execution of a punishment imposed on that person for an offence;
(c) substitute a less severe form of punishment for any punishment imposed on a person for an offence; or
(d) remit the whole or a part of a punishment imposed on a person for an offence or of a penalty or forfeiture on account of an offence.
Interpretation
81.-(1.) In this
Constitution, unless the context otherwise requires:-
"Article"
"Article" means Article of this Constitution;
"Cabinet"34
"Cabinet" means the Cabinet established under Article 17;
"Chief Justice"
"Chief Justice" means the Chief Justice of the Supreme Court;
"Chief Secretary"35
"Chief Secretary" means the Chief Secretary of Nauru appointed under Article 25;
"Court"
"Court" means a court of law having jurisdiction in Nauru;
"Existing law"
"Existing law" means a law in force in Nauru immediately before Independence Day;
"Government Gazette"36
"Government Gazette" means the Nauru Government Gazette;
"Independence Day"
"Independence Day" means the thirty-first day of January, One thousand nine hundred and sixty-eight;
"Law"
"Law" includes an instrument having the force of law and an unwritten rule of law and "lawful" and "lawfully" shall be construed accordingly;
"Minister"37
"Minister" means a Minister of the Cabinet;
"Month"
"Month" means calendar month;
"Parliament"38
"Parliament" means the Parliament of Nauru established under Article 26;
"Person"
"Person" includes a body corporate or politic;
"President"39
"President" means the President of Nauru;
"Property"
"Property" includes a right, title or interest in or over property;
"Public office"
"Public office" means an office of emolument in the public service;
"Public officer"
"Public officer" means a person holding or acting in a public office;
"Public service"
"Public service" means, subject to the provisions of this Article, the service of the Republic of Nauru;
"Schedule"
"Schedule" means Schedule to this Constitution;
"Session"40
"Session" means the period beginning when the Legislative Assembly of Nauru first met on Independence Day or after Parliament has at any time been prorogued or dissolved and ending when next Parliament is prorogued or dissolved;
"Sitting"
"Sitting" means a period during which Parliament is sitting without adjournment;
"Speaker"
"Speaker" means the Speaker of Parliament;
"Supreme Court"
"Supreme Court" means the Supreme Court of Nauru established under Article 48;
"Writing"
"Writing" includes any mode of representing or reproducing words in a visible form.
(2.) In this Constitution-41
(a) a reference to an office in the public service does not include-
(i) a reference to the office of President, Minister, Speaker, Deputy Speaker, member of Parliament or Clerk of Parliament;
(ii) a reference to the office of a Judge of the Supreme Court; or
(iii) except in so far as is prescribed by law, a reference to the office of a member of a council, board, panel, committee or other similar body, whether incorporated or not, established by law; and
(b) a reference to an office of profit in the service of Nauru does not include a reference to the office of President, Minister, Speaker, Deputy Speaker, or member of Parliament.
(3.) In this Constitution,
unless the context otherwise requires, a reference to the holder of an office by
an expression designating
his office shall be construed as including, to the
extent of his authority, a reference to a person for the time being authorised
to exercise the powers or perform the functions of that office.
(4.) In
this Constitution, a reference to the total number of members of Parliament is a
reference to the number of members of which
Parliament consists in accordance
with Article 28.
(5.) In this Constitution, unless the context otherwise
requires-
(a) words importing the masculine gender shall be taken to include females; and
(b) words in the singular include the plural and words in the plural include the singular.
(6.) Where a law is repealed, or is deemed to have
been repealed, by, under or by reason of this Constitution, the repeal does
not-
(a) revive anything not in force or existing at the time at which the repeal takes effect;
(b) affect the previous operation of the law or anything only done or suffered under the law;
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the law;
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the law; or
(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment,
and any such investigation, legal proceeding or
remedy may be instituted, continued or enforced, and any such penalty,
forfeiture
or punishment may be imposed, as if the law had not been
repealed.
(7.) Where a person is required by this Constitution to take
and subscribe an oath, he shall be permitted, if he so desires, to comply
with that requirement by making and subscribing an affirmation.
Parts,
etc. of Constitution
82.-(1.) The headings of the Parts into which
this Constitution is divided are part of this Constitution.
(2.) A
Schedule to this Constitution is part of this Constitution.
(3.) The
preamble and the marginal notes to this Constitution do not form part of this
Constitution.
Right to mine phosphate
83.-(1.) Except as
otherwise provided by law, the right to mine phosphate is vested in the Republic
of Nauru.42
(2.) Nothing in this Constitution makes the
Government of Nauru responsible for the rehabilitation of land from which
phosphate was
mined before the first day of July, One thousand nine hundred and
sixty-seven.
Amendment of the
Constitution43
84.-(1.) This Constitution shall not be
altered except in accordance with this Article.
(2.) This Constitution
may be altered by law but a proposed law for that purpose shall not be passed by
Parliament unless-
(a) there has been an interval of not less than ninety days between the introduction of the proposed law in Parliament and the passing of the proposed law by Parliament; and
(b) it is approved by not less than two-thirds of the total number of members of Parliament.
(3.) A proposed law to alter or having the effect
of altering the Fifth Schedule or any of the provisions of this Constitution
specified
in the Fifth Schedule shall not be submitted for the certificate of
the Speaker under Article 47 unless, after it has been passed
by Parliament, it
has been approved by not less than two-thirds of all the votes validly cast on a
referendum held, subject to clause
(4.) of this Article, as prescribed by
law.
(4.) A person who, at the time the referendum is held, is qualified
to vote at an election of members of Parliament, is entitled to
vote at a
referendum held for the purposes of this Article and no other person is so
entitled.
(5.) A proposed law to alter this Constitution shall not
receive the certificate of the Speaker under Article 47 unless it is accompanied
by a certificate under the hand of the Clerk of Parliament that the provisions
of clause (2.) of this Article have been complied
with and, if it is a proposed
law to which clause (3.) of this Article applies, by a certificate under the
hand of a person prescribed
by law stating that it has been approved as provided
by that clause.
PART XI.
TRANSITIONAL PROVISIONS
Existing laws
85.-(1.) A law in force in Nauru immediately
before Independence Day continues in force, subject to this Constitution and to
any amendment
of that law made by a law enacted under this Constitution or by
order under clause (6.) of this Article, until repealed by a law
enacted under
this Constitution.
(2.) A law which has not been brought into force in
Nauru before Independence Day may, subject to this Constitution and to any
amendment
of that law made by law, be brought into force on or after
Independence Day and a law brought into force under this clause continues
in
force subject as aforesaid, until repealed by a law enacted under this
Constitution.
(3.) Clause (1.) of this Article does not apply to the
Nauru Act 1965 of the Commonwealth of Australia, other than sections 4
and 53 of that Act, or to an Act of the Commonwealth of Australia that
immediately before Independence Day extended to Nauru as a Territory of that
Commonwealth.
(4.) The Constitutional Convention Ordinance 1967 of
Nauru shall not be amended so as to affect the membership of the Constitutional
Convention established under that Ordinance.
(5.) Where a matter that,
under this Constitution, is to be prescribed or otherwise provided for by law,
is prescribed or otherwise
provided for by a law continued in force by clause
(1.) or (2.) of this Article, that matter has, on and after Independence Day,
effect as if it had also been prescribed or provided for by a law enacted under
this Constitution.
(6.) For the purposes of bringing the provisions of an
existing law into accord with the provisions of this Constitution (other than
Part II. of this Constitution) the President may, except as otherwise prescribed
by law, within a period of two years after Independence
Day, make, by order
published in the Government Gazette, such adaptations, whether by way of
modification of, addition to or omission
from those provisions, as he deems
necessary or expedient and an order so made has effect, or shall be deemed to
have effect, from
and including such date, not being a date before Independence
Day, as is specified in the order.44
Adaptation of existing
laws
86.-(1) Subject to this Constitution, a reference in a law
continued in force by clause (1.) or (2.) of Article 85 to45-
(a) the Governor-General of the Commonwealth of Australia; or
(b) the Minister of State for Territories of the Commonwealth of Australia,
shall, unless the context otherwise requires, be
read as a reference to the President.
(2.) Subject to this Constitution,
a reference in a law continued in force by clause (1.) or (2.) of Article 85 to
the Administrator
of the Territory of Nauru shall, unless the context otherwise
requires, be read as a reference to the President or where responsibility
for
the administration of that law is assigned to a Minister under Article 23, to
that Minister.
(3.) Subject to this Constitution, a reference in a law
continued in force by clause (1.) or (2.) of Article 85 to the Administrator
of
the Territory of Nauru acting in accordance with the advice of the Executive
Council of the Territory of Nauru shall, unless the
context otherwise requires,
be read as a reference to the Cabinet.
Existing public
officers
87.-(1.) Subject to this Constitution and any law, a person
who immediately before Independence Day hold; or is acting in a public
office
shall, on and after Independence Day, hold or act in that office or the
corresponding office established by this Constitution on the same terms and
conditions as those on which he holds or
is acting in the public office
immediately before Independence Day.
(2.) Nothing in this Article shall
be construed as applying to a person who immediately before Independence Day
holds or is acting
in the office of Administrator, Public Service Commissioner
or Official Secretary.
Existing legal proceedings
88. All
legal proceedings pending or incomplete in the Central Court of the Island of
Nauru immediately before Independence Day shall
stand removed to the Supreme
Court, which shall have jurisdiction to hear and determine the proceedings and
the judgments and orders
of the Central Court of the Island of Nauru given or
made before Independence Day shall have the same force and effect as if they
had
been delivered or made by the Supreme Court.
The first
Parliament46
89.-(1.) The persons who were elected at the
election conducted during January, One thousand nine hundred and sixty-eight at
the instance
of the Constitutional Convention to become members of the
Legislative Assembly of Nauru on Independence Day are members of the first
Parliament and shall be deemed to have been elected in accordance with this
Constitution.
(2.) The first Parliament came into existence on
Independence Day under the name of the Legislative Assembly of Nauru and
continues
under the name of Parliament from and including the date on which this
clause comes into operation.
(3.) The first Parliament shall, unless
sooner dissolved, continue for a period of three years from and including
Independence Day
and shall then stand dissolved.
(4.) In this Article,
"Constitutional Convention" means the Constitutional Convention established
under the Constitutional Convention Ordinance 1967 of
Nauru.
Powers privileges and immunities of Parliament
90.
Until otherwise declared by Parliament, the powers, privileges and immunities of
Parliament and of its members and committees
shall be those of the House of
Commons of the Parliament of the United Kingdom of Great Britain and Northern
Ireland and of its members
and committees as at the commencement of this
Constitution.
Vesting of property, etc.
91.-(1.) All
property and assets which, immediately before Independence Day, were vested in
the Administrator of the Territory of
Nauru or in the Administration of the
Territory of Nauru, vest in the Republic of Nauru.
(2.) All rights,
liabilities and obligations of the Administrator of the Territory of Nauru or of
the Administration of the Territory
of Nauru, whether arising out of contract or
otherwise, are rights, liabilities and obligations of the Republic of
Nauru.
Constitutional Convention to continue in
existence
92.-(1.) Notwithstanding the coming into force of this
Constitution, the Constitutional Convention established under the
Constitutional Convention Ordinance 1967 of Nauru shall, subject
to this Article, continue in existence during the period of five months after
Independence Day or, if the
Constitutional Convention approves by resolution a
shorter period, during that shorter period.
(2.) The Constitutional
Convention shall, in lieu of the powers held by it before Independence Day, have
the powers conferred on it
by clause (3.) of this Article.
(3.) The
Constitutional Convention may, during the period referred to in clause (1.) of
this Article, by resolution approved by a
majority of the members of the
Constitutional Convention, alter any of the provisions of this Constitution
other than this Article
and clause (4.) of Article 85.
(4.) In this
Article, a reference to the members of the Constitutional Convention is a
reference to the number of members of which
it consists on the day on which the
question arises.
Agreement of 14 November 1967 relating to Phosphate
Industry
93.-(1.) The Agreement made on the fourteenth day of
November, One thousand nine hundred and sixty-seven between the Nauru Local
Government
Council of the one part and the Partner Governments of the other part
shall, on and after Independence Day, be construed as an agreement
between the
Government of the Republic of Nauru of the one part and the Partner Governments
of the other part and all rights, liabilities,
obligations and interest of the
Nauru Local Government Council in or under that Agreement are, on and after
Independence Day, rights,
liabilities, obligations and interest of the
Government of the Republic of Nauru.
(2.) In clause (1.) of this Article,
"Partner Governments" means the Government of the Commonwealth of Australia, the
Government of
New Zealand and the Government of the United Kingdom of Great
Britain and Northern Ireland.
Financial provisions to 30 June
1968
94. Notwithstanding the provisions of Part VI. of this
Constitution, no moneys shall be withdrawn from the Treasury Fund or any other
fund referred to in Article 58 before the first day of July, One thousand nine
hundred and sixty-eight, except-
(a) in accordance with the appropriations authorized under the Supply Ordinance 1967-68 of Nauru or the Appropriation Ordinance 1967-68 of Nauru;
(b) for the purpose of allocating, in respect of each ton of phosphate shipped from Nauru before the first day of July, One thousand nine hundred and sixty-eight, to the funds or for the purposes specified in the Sixth Schedule the amounts so specified;47 or
(c) under a law enacted in accordance with Part VI of this Constitution.
Transitional provision relating to judges of the Supreme
Court
95. Notwithstanding clause (3.) of Article 49, until otherwise
provided by law, a person is qualified to be appointed a judge of the
Supreme
Court if -
(a) he is or has been a judge of a court having jurisdiction in some part of the Commonwealth of Australia or in such other place as is approved by Parliament by resolution for the purposes of this Article or
(b) he is entitled to practise as an advocate in or solicitor of such a court and has been so entitled for not less than five years.
Transitional provisions relating to Chief Justice
96.-(1.) The
powers and functions of the Chief Justice may, until the Chief Justice is
first appointed, be exercised or performed by not less than three persons, being
persons who, immediately before
Independence Day, were magistrates of the
Central Court within the meaning of the Nauru Act 1965 of the
Commonwealth of Australia.
(2.) Notwithstanding clause (1.) of this
Article, the powers and functions of the Chief Justice under Articles 69 and 70
may, until
the Chief Justice is first appointed, be exercised or performed by a
person who, immediately before Independence Day, was a magistrate
of the Central
Court referred to in clause (1.) of this
Article.48
Director of Audit
97.-(1.)
Notwithstanding Article 66, until the Director of Audit is first appointed the
Cabinet shall cause to be audited at least
once in every year the public
accounts of Nauru and the accounts of such public bodies as Parliament by
resolution determines.49
(2.) The Cabinet shall cause a report
on the results of an audit under clause (1.) of this Article to be laid before
Parliament as
soon as practicable after completion of the
audit.50
Transitional provisions relating to Superannuation
Board
98.-(1.) Until otherwise provided by law, the Superannuation
Board established under the Superannuation Ordinance 1966 of Nauru
consists of three persons appointed by the Cabinet, of whom one shall be
chairman, one shall be an actuary or a person
experienced in respect of the
investment of moneys and one shall be a person who is a contributor within the
meaning of that Ordinance
elected by contributors in the manner prescribed by or
under law.51
(2.) Notwithstanding clause (1.) of this Article
and until otherwise provided by law, a person who, immediately before this
clause
comes into effect, is a member of the Superannuation Board referred to in
clause (1.) of this Article, shall continue to be a member
of the Superannuation
Board.52
Transitional provisions relating to the first
President and Cabinet53
99.-(1.) Notwithstanding anything
in Part III of this Constitution, the first President shall be elected by
Parliament at its first
sitting held after this Article comes into
effect.
(2.) The powers and functions of the President and of the Cabinet
may, until the first President is elected, be exercised or performed
by the
Council of State.
(3.) In this Article, "Council of State" means the
Council of State of Nauru in existence immediately before Part III of this
Constitution
relating to the President and the Executive comes into
effect.
Transitional provisions relating to Chief
Secretary54
100. Notwithstanding Article 25, the person
who, immediately before this Article comes into effect, holds the office of
Chief Secretary
shall hold the office of Chief Secretary established by this
Constitution.
________
THE SCHEDULES
First Schedule
Article 18.
Oath of member of Cabinet55
I, ........... swear by
Almighty God that I will faithfully carry out my duties as a member of the
Cabinet and that I will not improperly
reveal any matters of which I have become
aware by reason of my membership of the Cabinet. So help me God.
Second Schedule
Article 28.
DIVISION OF NAURU INTO CONSTITUENCIES AND NUMBER OF MEMBERS TO BE RETURNED BY EACH CONSTITUENCY
|
Constituency
|
District or Districts of Nauru comprised in constituency
|
Number of members to be returned by constituency
|
|
|
|
|
|
Aiwo
|
Aiwo
|
2
|
|
Anabar
|
Anabar, Anibare, Ijuw
|
2
|
|
Anetan
|
Anetan, Ewa
|
2
|
|
Boe
|
Boe
|
2
|
|
Buada
|
Buada
|
2
|
|
Meneng
|
Meneng
|
2
|
|
Ubenide
|
Baiti, Denigomodu, Nibok Uaboe
|
4
|
|
Yaren
|
Yaren
|
2
|
Third Schedule
Article 43
Oath of member of Parliament56
Oath
I, ......... swear by Almighty God that I will be faithful and bear true
allegiance to the Republic of Nauru and that I will justly
and faithfully carry
out my duties as a member of Parliament of Nauru. So help me God!
Fourth Schedule
Article 52.
Oath of Judge
I, ............. swear by Almighty God that I
will be faithful and bear true allegiance to the Republic of Nauru in the office
of
............. and that I will do right to all manner of people according to
law, without fear or favour, affection or ill-will. So
help me God!
Fifth Schedule57
(i) Part I
(ii) Part II.
(iii) Articles 16, 17.
(iv) Articles 26, 27, clause (7.) of Article 41.
(v) Articles 58, 59, 60, 62, 65.
(vi) Article 71, clause (1.) of Article 72.
(vii) Article 84.
(viii) Clauses (1.), (2.), (3.) and (5.) of Article 85.
(ix) Article 93.
Sixth Schedule
|
Amount
|
Fund or Purpose
|
|
|
|
|
1. 70
|
Long Term Investment Fund established under Article 62.
|
|
|
|
|
0.50
|
Nauruan Landowners Royalty Trust Fund for the benefit of owners of
phosphate bearing lands.
|
|
|
|
|
0.60
|
Nauru Development Fund for promoting the economic development of
Nauru.
|
|
|
|
|
0.60
|
Nauru Development Fund for promoting the economic development of
Nauru.
|
|
|
|
|
0.80
|
Nauru Housing Fund for erecting, repairing or maintaining houses in
Nauru.
|
|
|
|
|
0.20
|
Nauru Rehabilitation Fund for the purpose of restoring or improving the
parts of the Island of Nauru that have been affected by mining
for
phosphate.
|
|
|
|
|
0.60
|
For payment to the owners of phosphate bearing lands leased to the British
Phosphate Commissioners.
|
|
|
|
|
0.10
|
Nauru Royalty Fund for any of the purposes for which the Nauru Local
Government Council is authorised by the Nauru Local Government Council
Ordinance 1951-1967 of Nauru to expend moneys.58
|
-------------------------------------
END NOTES
1 Part III Articles 16-25 substituted 17.5.68
[for provisions relating to Council of State]
2 Inserted
17.5.68
3 Substituted 17.5.68
4 Inserted
17.5.68
5 Inserted 17.5.68
6 Amended
17.5.68
7 Amended 17.5.68
8 Amended
17.5.68
9 Amended 17.5.68
10 Amended
17.5.68
11 Amended 17.5.68
12 Amended
17.5.68
13 Amended 17.5.68
14 Amended
17.5.68
15 Amended 17.5.68
16 Substituted
17.5.68
17 Amended 17.5.68
18 Amended
17.5.68
19 Amended 17.5.68
20 Amended
17.5.68
21 Amended 17.5.68
22 Substituted
17.5.68
23 Inserted 17.5.68
24 Substituted
17.5.68
25 Amended 17.5.68
26 Amended
17.5.68
27 Amended 17.5.68
28 Amended
17.5.68
29 Amended 17.5.68
30 Amended
17.5.68
31 Amended 17.5.68
32 Amended
17.5.68
33 Amended 17.5.68
34 Inserted
17.5.68
35 Inserted 17.5.68
36 Inserted
17.5.68
37 Inserted 17.5.68
38 Inserted
17.5.68
39 Inserted 17.5.68
40 Amended
17.5.68
41 Substituted 17.5.68
42 Substituted
17.5.68
43 Substituted 17.5.68
44 Inserted
17.5.68
45 Substituted 17.5.68
46 Substituted
17.5.68
47 Amended 17.5.68
48 Amended
17.5.68
49 Amended 17.5.68
50 Amended
17.5.68
51 Amended 17.5.68
52 Inserted
17.5.68
53 Inserted 17.5.68
54 Inserted
17.5.68
55 Inserted 17.5.68
56 Inserted
17.5.68
57 Substituted 17.5.68
58 Inserted
17.5.68
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