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PNG - Constitutional Planning Committee Report 1974

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Constitutional Planning Committee Report 1974

Constitutional Planning Committee

Amendments, Errors and Ommissions [PDF - 172KB]

Chapter 1 - Introduction

          Establishment of the Committee
          Course of Committee's work
          Consultative process
          Implications of "home-grown" Constitution
          Conclusion

Chapter 2 - National Goals and Directive Principles

          The significance of Self Government and Independence
         
What kind of society do we want?
          The relevance of the Eight Improvement Aims
NATIONAL GOALS
GOALS AND DIRECTIVE PRINCIPLES

1.    INTEGRAL HUMAN DEVELOPMENT LIBERATION AND FULFILMENT
       Education
       International solidarity
2.    EQUALITY AND PARTICIPATION
      
Political and administrative decentralisation
       Equality of opportunity and equitable sharing of benefits
       Equal status and opportunity for women
       Broad representation in official bodies
       National languages
3     NATIONAL SOVEREIGNTY AND SELF-RELIANCE
      
Impact of Multinational Corporations on development
4     NATURAL RESOURCES AND THE ENVIRONMENT
5     PAPUA NEW GUINEAN WAYS

IMPLEMENTATION OF THE GOALS AND PRINCIPLES
           Investment Code

NATIONAL GOALS AND DIRECTIVE PRINCIPLES Recommendations

NATIONAL GOALS AND DIRECTIVE PRINCIPLES
IMPLEMENTATION OF THE GOALS AND PRINCIPLES
          The goals and principles as a guide in judicial interpretation
          Investment Code

Chapter 3 - The Leadership Code

           Quality of Leadership
           The Leadership Code - underlying considerations
           Superannuation Scheme for certain leaders
           Supervision and enforcement of the Code
"THE LEADERSHIP CODE"
           Annual Declaration
           Bribery and misapplication of funds
           Interests in government contracts
           Shares in foreign companies or partnerships with foreign citizens
           Leaders not to accept loans, etc. from foreign controlled companies or firms
           Outside benefits not to be accepted
           Official Information
           Certain assets to be disposed of
           Disclosure of interest before debate or discussion
           Effect of breach of the Code
           Reimbursement of accountancy fees relating to declarations
ADDITIONAL LIMITATIONS UPON MINISTERS
           Ministers not to hold directorships
           Behaviour of Ministers
ADDITIONAL LIMITATIONS UPON CONSTITUTIONAL OFFICE-HOLDERS AND SPECIFIED OFFICE-HOLDERS
           Restrictions on remuneration, gain or profit
           Limitation on acceptance of directorship or consultancy of a foreign company
           Special provision in respect of non-citizens
           Code not to affect provisions of Criminal Code and other laws
ENFORCEMENT OF THE CODE
           Powers of the Ombudsman Commission in relation to enforcement of the Code
           Tribunals to hear charges of breach of the Code
           The right of citizens to make complaints of breaches of the Code

THE LEADERSHIP CODE Recommendations

           Superannuation Scheme for Leaders
           Definition of "Leader"
           Leadership Code
     "THE LEADERSHIP CODE" (sub paras.)
     ADDITIONAL LIMITATIONS UPON MINISTERS"
     ADDITIONAL LIMITATIONS UPON SPECIFIED OFFICE-HOLDERS AND CONSTITUTIONAL OFFICE-HOLDERS (sub paras.)
     ENFORCEMENT OF THE CODE
           Ombudsman Commission to make rules, publish guidelines and specify office-holders as leaders etc.
           Power of the Ombudsman Commission to give directions to leaders
           Tribunals to hear charges of breach of the Leadership Code
           The right of all citizens to make complaints of breaches of the Code
DEFINITIONS

Chapter 4 - Citizenship

          Some underlying considerations
          Single citizenship
          Acquisition of citizenship
          Automatic citizenship
          Citizenship by registration
          Naturalization
          People born in Papua New Guinea who have no real foreign citizenship but do not become citizens automatically or by registration
          Foreign citizens
          Foreign citizens with two indigenous grandparents
          Irianese
          Foreign spouses of citizens
          Foreign residents of more than twenty years standing
          Conditions for naturalization
          Applications must be processed
          Administration of citizenship provisions
          Advisory Committee on Citizenship Matters
          Loss of Papua New Guinean citizenship
          Regaining Papua New Guinean citizenship
TRANSITIONAL PROVISIONS
          Political office-holders
          Conclusion

CITIZENSHIP Recommendations

     SINGLE CITIZENSHIP : PRINCIPLE
     AUTOMATIC CITIZENSHIP
          Persons born in Papua New Guinea before Citizenship Day
          Persons born in Papua New Guinea after Citizenship Day
     CITIZENSHIP BY REGISTRATION
          Persons born outside Papua New Guinea before C-Day
          Persons born outside Papua New Guinea after C-Day
          Registration of certain children of citizens, born before C-Day
     CITIZENSHIP BY NATURALIZATION
          Persons born in Papua New Guinea before C-Day who are Not Papua New Guinean citizens automatically, but have "no real citizenship"
          Required periods of residence
          Conditions for naturalization
          Naturalization of children of foreign citizens
          Advice as to result of applications for naturalization
          Administration of Citizenship Law - Advisory Committee on Citizenship Matters
          Composition of Committee
          Appointment and removal of members of Advisory Committee
          Loss of Papua New Guinean citizenship
TRANSITIONAL PROVISIONS
          Membership of Advisory Committee on Citizenship Matters
          Protection in employment for certain foreign citizens
          Political office-holders
          Persons who at C-Day hold political office

Chapter 5A - Human Rights and Obligations and Emergency Powers

PART I - HUMAN RIGHTS AND OBLIGATIONS

A       DECLARATION OF FUNDAMENTAL RIGHTS AND FREEDOMS

          "Human rights" - the historical background
          International recognition of human rights
          Effect of the Universal Declaration of Human Rights
          Enforceable Human Rights provisions in the constitutions of nations
          Human Rights in Papua New Guinea
          The Human Rights Ordinance 1971
          Incorporation of human rights and freedoms in the Constitution
          The rights and freedoms for inclusion in the Constitution
          Exceptions: "Reasonably justifiable in a democratic society"
          The form in which the rights and freedoms are expressed

THE CONSTITUTIONAL DECLARATION OF FUNDAMENTAL RIGHTS AND FREEDOMS

1          THE RIGHT TO LIFE
2          PROTECTION OF PERSONAL LIBERTY
3          PROTECTION FROM FORCED LABOUR
4          PROTECTION FROM INHUMAN TREATMENT
5                    PROTECTION FROM ARBITRARY SEARCH OR ENTRY
6          PROTECTION OF LAW
7          FREEDOM OF CONSCIENCE, THOUGHT AND RELIGION
8          FREEDOM OF EXPRESSION
9                    FREEDOM OF ASSEMBLY AND ASSOCIATION
10        FREEDOM OF EMPLOYMENT
11        FREEDOM OF MOVEMENT
12        THE RIGHT TO PRIVACY
13                THE RIGHT TO STAND FOR ELECTION TO PUBLIC OFFICE AND TO VOTE
14        FREEDOM OF INFORMATION
15        PROTECTION FROM DEPRIVATION OF PROPERTY

Chapter 5B - Human Rights and Obligations and Emergency Powers

B         DECLARATION OF FUNDAMENTAL OBLIGATIONS

1          Constitutional Obligations
2          Political Obligations
3          Social Obligations
4          Economic Obligations

C         GENERAL

Enforcement of rights and freedoms
Suspension of or derogation from human rights in the interests of defence, public safety, public order, public health or public welfare
Action under valid law invalid if excessive or oppressive
Permanent Committee to review laws and policies for compliance with the Human Rights and Obligations and National Goals And Directive Principles set out in the Constitution 
Transitional Provisions
Immediate implementation of Human Rights Provisions

PART I - HUMAN RIGHT AND OBLIGATIONS Recommendations

A       DECLARATION OF FUNDAMENTAL RIGHTS AND FREEDOMS

Protection of right to life
Protection of personal liberty
Protection from forced labour
Protection from inhuman treatment
Protection against arbitrary search or entry
Provision to secure protection of law
Protection of Freedom of conscience, thought and religion
Protection of freedom of expression
Protection of freedom of assembly and association
Protection of freedom of employment
Protection of freedom of movement
Protection of right to privacy
The right to stand for election to public office and to vote
Protection of freedom of information
Protection from deprivation of property

B        DECLARATION OF FUNDAMENTAL OBLIGATIONS

C        GENERAL

Enforcement of rights and freedoms
Suspension of or derogation from Human Rights in interests of defence etc.
Action under valid law invalid, excessive or oppressive
Parliamentary supervision of compliance with Human Rights and Obligations and with the National Goals and Directive Principles
Effect of Fundamental Obligations
Implementation of human rights provisions

TRANSITIONAL PROVISION

Amendments to legislation and changes to policy concerning Human rights and Obligations, National Goals and Directive Principles

PART 2 - EMERGENCY POWERS

Emergency Situations
Underlying Principles
Parliamentary Supervision of Declarations of Emergency
Additional Powers during State of Emergency
Right to a fair trial
Safeguards against abuse of possible power of preventive detention
Powers of the review tribunals
Report to Parliament and gazettal of names and addresses of persons detailed
Invalidity of certain acts done under Emergency Powers

PART 2 - EMERGENCY POWERS Recommendations

Proclamation of "State of Emergency"
Extension of Proclamation
Control of manpower
Control of products and services
Suspension of human rights provisions concerning personal liberty and protection of law
Preventive Detention during State of Emergency
Preventive Detention during time of war
Safeguards against abuse of possible powers of preventive detention
Powers of Review Tribunal
Recommendations of Review Tribunal binding
Report to Parliament and gazettal of names and addresses of persons detained
Emergency legislation to be in force only during a State of Emergency
Invalidity of certain acts done under Emergency Powers

Chapter 6 - The Legislature

A       COMPOSITION OF PARLIAMENT

The National Parliament
Qualifications for membership
Disqualifications for membership
The Speaker
Parliamentary Service
Parliamentary Salaries Tribunal
Parliament building

B       POWERS AND PROCEDURES OF PARLIAMENT

Power to make laws
Powers of disallowance
AMENDMENT OF THE CONSTITUTION

OTHER POWERS AND PROCEDURES OF PARLIAMENT

Introduction of bills, motions, petitions
Privileges and immunities
Quorum
Voting
Bill becomes law
Tabling of documents
Minutes of proceedings
Permanent Parliamentary Committees

C       SUMMONING AND DISSOLUTION OF PARLIAMENT 

Summoning the National Parliament
Meetings
Dissolution of Parliament

D       ELECTIONS FOR PARLIAMENT

General elections

Electoral Commission

Boundaries Commissioners

Qualifications for electors

System of voting

General electoral provisions

Candidates' deposits

Restrictions on financing parties ane candidates

Political parties

Election expenses of candidates

TRANSITIONAL PROVISIONS

THE LEGISLATURE Recommendations

A       COMPOSITION OF PARLIAMENT

National Parliament

Composition

Qualifications for membership

Disqualifications for membership

Tenure of office of members

Speaker

Deputy Speaker

Vacancy in office of Speaker

Absence or incapacity of Speaker

Questions as to membership

Filling of vacancies

Parliamentary Service

Parliamentary Salaries Tribunal

New Parliament Building

B        POWERS AND PROCEDURES OF PARLIAMENT

Power to make laws
Powers of disallowance
AMENDMENT OF THE CONSTITUTION
Introduction of bills, motions, petitions
Privileges and immunities
Quorum
Presiding in National Parliament
Bill becomes law
Tabling of documents
Minutes of proceedings
Disputes
Other procedures
Permanent Parliamentary Committees

C       SUMMONING AND DISSOLUTION OF PARLIAMENT

Summoning National Parliament
Dissolution of National Parliament

D         ELECTIONS FOR PARLIAMENT

General elections

Electoral Commission

Boundaries Commissioners

Qualifications for electors

System of voting

General electoral provisions

Candidates' deposits

Political Parties - Restrictions on finance

Limitation on electoral expenses

TRANSITIONAL PROVISIONS

Chapter 7 - The Executive

Power belongs to the people

Executive Power

Arguments for and against a separate Head of State

The National Executive Council

Size of the Ministry

Ministers chosen from parliament

Appointment of Prime Minister

Appointment of other Ministers

Delays in forming a Ministry

Removal of Ministers

Continuity of government

Acting Prime Minister

Changing the government

Government departments

Ministerial Secretariats

TRANSITIONAL PROVISIONS

THE EXECUTIVE Recommendations

A         NATIONAL EXECUTIVE COUNCIL

Composition

Executive power of Papua New Guinea

Summoning of National Executive Council (NEC)

Presiding

Quorum

Decisions

Secretary to the NEC

NEC procedures non-justiciable

B          PRIME MINISTER AND OTHER MINISTERS

Election of Prime Minister

Appointment of other Ministers

Assignment of responsibilities to Ministers

Tenure of office of Prime Minister

No confidence motion

Vacancy in Office of Prime Minister

Absence or incapacity of Prime Minister

Tenure of Office of other Ministers

C         GOVERNMENT DEPARTMENTS AND MINISTERIAL SECRETARIATS

Heads of departments

Reorganization of government departments

Ministerial Secretariats

TRANSITIONAL PROVISIONS

Chapter 8 - The Administration of Justice

Administration of Justice

A       THE JUDICIARY

Structure of the Judiciary

The Supreme Court

The National Court of Justice

Powers of the Supreme Court and National Court

Qualifications of judges

Assistant judges

Chief Justice

THE JUDICIAL AND LEGAL SERVICE COMMISSION

Composition, powers, functions

Appointment of members of the Commission

Tenure of members of the Commission

The Magisterial Service

The Chief Magistrate

Reports

Restrictions on appointment of judges

TENURE OF JUDGES

Employment Security

Retirement of judges

Protection of judges' salaries and other conditions of employment

Acting judges

Oath or affirmation of office

SUSPENSION AND REMOVAL OF JUDGE

   Removal of judges from office

GENERAL

Rules of court

Supervision of the work of the Visiting Justices

The need for reform of the legal system

TRANSITIONAL PROVISIONS

B          THE PUBLIC PROSECUTOR

Qualifications

Appointment

Powers

Suspension and removal

C         THE PUBLIC SOLICITOR

Qualifications

Disqualifications, tenure of office, protection of salary and conditions of service

Appointment

The grant of legal aid

Powers and functions

Rights of application to National Court where legal aid is refused

Suspension and removal from office

D         POWER OF MERCY

E          RESOLUTION OF CONSTITUTIONAL QUESTIONS

  Advisory opinions

THE ADMINISTRATION OF JUSTICE Recommendations

Justice in the name of the people

A         THE JUDICIARY

Independence of the Judiciary

Composition

The Supreme Court

Jurisdiction of the Supreme Court

National Court of Justice

Jurisdiction of the National Court

Powers of the Supreme Court and the National Court

Qualification of Judges

Assistant Judges

Appointment of Chief Justice

Vacancy in office of Chief Justice

Responsibilities of Chief Justice

JUDICIAL AND LEGAL SERVICE COMMISSION

Composition

Tenure of office of members of the Commission

Appointment of members of the Commission

Powers of the Commission

The Magisterial Service

The Chief Magistrate

Responsibilities of Chief Magistrate

Term and Protection from Suspension and Removal

Reports

Restrictions on appointment of non-citizen judges

TENURE OF JUDGES

Protection of Judges not re-appointed

Retirement of Judges

Extension of term

Judgement after retirement age

Acting Judges

Oath or Affirmation of office

REMOVAL AND SUSPENSION OF JUDGES

Grounds for removal of Judges

Removal of Judges other than the Chief Justice

Removal of the Chief Justice

Suspension of Judges

Restriction on abolition of office of Judge

GENERAL

Rules of Court

Supervision of Visiting Justices

Reform of the Legal System

TRANSITIONAL PROVISIONS

B          THE PUBLIC PROSECUTOR

Establishment

Independence

Qualifications

Appointment

Powers

Appeals in Criminal Matters

Other powers

Exercise of Powers

Suspension and Removal

 

C.          THE PUBLIC SOLICITOR

 

Establishment

Independence

Qualifications

Appointment

Powers and Functions

Appeal against Refusal of Legal Aid

Suspension and Removal

Staff of Public Solicitor

 

D           THE POWER OF MERCY

 

Power of the National Executive Council

Advisory Committee on Power of Mercy

Tenure of Members of Advisory Committee

Removal

Functions of Advisory Committee

Reports

 

E          RESOLUTION OF CONSTITUTIONAL QUESTIONS

 

Original Jurisdiction of Supreme Court

Advisory Jurisdiction

Admissibility of Report of Constitutional Planning Committee 

Chapter 9 - Financial Control

Ultimate parliamentary authority

Revenue raising

Consolidated fund

Executive initiative

Budget and Accounts

Revenue and expenditure without prior approval

Contingency Fund

Auditor-General

Parliamentary scrutiny of public accounts

 

FINANCIAL CONTROL Recommendations

 

A.        FINANCE AND PARLIAMENT

                        

Ultimate Parliamentary Control

Taxation and loans

Consolidated Fund

Executive initiative

Budget and accounts

Revenue and expenditure without prior approval

Contingency Fund

 

B         AUDITOR GENERAL

 

Qualifications and appointment

Independence

Functions

Jurisdiction

Staff and facilities

Reports

 

C         PARLIAMENTARY SCRUTINY OF PUBLIC ACCOUNTS

Chapter 10A - Provincial Government

Some underlying considerations

The importance of district-level government

A flexible system of provincial government established in the Constitution

Establishment in stages

The Provincial Assembly

Co-opted members

Provincial elections

The provincial executive

Salaries, allowances and other benefits attached to elective offices

The distribution of powers and functions

Finance

Expenditure, investment and administration of provincial government funds

National government grants

Establishment of National Fiscal Commission

Provincial Administration

Co-ordination : agency functions and the Provincial Secretary

Implications of administrative re-organization for national government departments

Consultation between governments

Constitution of provinces

Resolution of inter-governmental disputes

Suspension of Provincial Government

Establishment of Provincial Government

Protection of local government bodies

Interim Provincial Governments

Stage Two Provincial Government (single structure)

Stage Two Provincial Government (dual structure)

Review of Provincial Government provisions

Follow-up to CPC

Conclusion

Chapter 10B - Provincial Government: Recommendations

Basic principles

 

PROVINCIAL ASSEMBLY

 

Name

Composition

Qualifications for membership of the Provincial Assembly

Election

Timing of Election

Dissolution

Qualifications for electors

Regulation of Assembly procedures

Co-opted members

Powers, privileges and immunities

 

PROVINCIAL EXECUTIVE

 

Head of Executive

Executive Body

Premier's membership of Assembly and Council

Election and removal of Premier

Composition of Council

Kind of Executive

Salaries, allowances and other benefits

 

POWERS AND FUNCTIONS

 

Responsibility at local level

Law and Policy making

Powers and functions

Devolution and delegation

 

FINANCE

 

Sources of Finance for provincial governments

Distribution of revenue sources

Additional sources of revenue for provincial governments

Use of revenue-raising powers by the national government

Accounting, budgeting and recurrent expenditure

Allocation of national government funds

Conditions to grants

Criteria for grants

Grants for any purpose

Responsibility for projects

Loans

Unspent money

Non-renewable resource trust funds

National Fiscal Commission

Composition of Commission

Qualifications for membership of Commission

Reports of the National Fiscal Commission

 

PROVINCIAL ADMINISTRATION

 

Provincial government staff

Public officers

Administrative devolution

Transfers of public officers

Provincial Secretary

Eligibility and manner of employment for Provincial Secretary

Appointment, removal and transfer of Provincial Secretary

Salary and conditions of Provincial Secretary

Assistance for Provincial Secretary

Co-ordination by Provincial Secretary

Agency functions

Performance of agency functions

Revocation of agency functions

 

RELATIONS BETWEEN GOVERNMENTS

 

Provincial Premiers and the National Executive Council

Constitution of provinces

Premiers' Council

Summoning of Premiers' Council

Regulation of Council procedures

Reports by the Premiers' Council

Resolution of conflict

Disputes between governments

Suspension of provincial governments

Minister responsible for provincial government affairs

 

IMPLEMENTATION AND INTERIM PROVISIONS AND FOLLOW-UP

 

Establish provincial governments without delay

Establishment in stages

Establishment before Constitution in force

Three stages

Initiative in establishment of provincial governments

Request for provincial government to National Executive Council

Implementing resolution to establish provincial government

Reports to Parliament on implementation

Election and removal of Provincial Council

Protection for local government bodies

Stage One and Stage Two Accounts

Interim Provincial Government

Interim Provincial Assembly

Direct elections for Interim Provincial Assembly

Chairman of Interim Provincial Government

Interim Provincial Council

Allowances for members of Interim Provincial Assembly

Powers and functions at Stage One

Revenue-raising at Stage One

Chapter 11 - The Ombudsman Commission

General considerations

The role of the Ombudsman

An "Ombudsman" for Papua New Guinea the Ombudsman Commission, its powers and functions

Independence of the Ombudsman Commission

Qualifications of Chief Ombudsman

Qualifications of the other Ombudsmen

Vacancy in Office of Chief Ombudsman

Salaries

Staff and facilities

Organisation of the Commission

Jurisdiction - three main areas of responsibility

General jurisdiction

Supervision of Leadership Code and discriminatory practices legislation

Limitations on jurisdiction

Procedures and Powers

Rights and duties of witnesses

Investigation of complaints

Recommendations

Publication of recommendations

Reports

Disciplinary action against officials and leaders

Action against persons committing acts of discrimination

Immunities of the Commission

Commission may make rules and publish guidelines etc.

Relation to other laws

Spokesman for the Commission

Decentralisation

 

THE OMBUDSMAN COMMISSION Recommendations

 

Establishment

Composition

Independence

Ombudsman Commission Appointments Committee

Qualifications of Chief Ombudsman

Qualifications of the Ombudsmen

Vacancy in office of Chief Ombudsman

Salaries

Non abolition of offices

Staff and facilities

Organization of Office

Jurisdiction

Procedures and Powers

Quorum

Rights and duties of witnesses

Investigation of complaints

Recommendations

Publication of recommendations

Reports

Disciplinary action against officials and leaders

Action against persons involved in discriminatory practices

Immunities of the Commission

Commission may make rules and publish guidelines etc.

Relation to other laws

Chapter 12 - The Public Services

Need for a Public Service

Basic principles

Division of Public Service functions

Public Services Commission

Composition and appointment

Direction on general policy only

Senior appointments in public services

Tenure of Senior Appointees

Jurisdiction of the Commission

Department responsible for management matters

Jurisdiction of the department

Allowance for variations

Delegation

Exceptions

Incentives for service in remote areas

Right of Ministers to lay charges

Restrictions on political activity

Division between Commission and Department Summary

 

THE PUBLIC SERVICES Recommendations

 

A         THE PUBLIC SERVICES COMMISSION

 

Composition

Appointments

Chairman

Powers

Delegation of Powers

Direction on general policy only

Annual report

 

B          SENIOR APPOINTMENTS IN THE PUBLIC SERVICES

 

Notification of vacancies

Heads of Departments

Other Senior Officers and Office-holders

Tenure

 

C         DEPARTMENT RESPONSIBLE FOR MANAGEMENT MATTERS

 

Ministerial control

Functions

Annual report

 

D         GENERAL

 

Public servants and teachers for remote areas

Rights of Ministers to lay charges

Restrictions on political activity

Conduct of government negotiations

Chapter 13 - The Disciplined Forces

  Need for Disciplined Forces

Civilian control

 

A         THE POLICE FORCE

 

Commissioner and other senior officers

Conditions of service and establishments

Functions of the Police Force

 

B          THE DEFENCE FORCE

 

Some underlying considerations

Other armies outlawed

Control of Defence Force

Higher Command Organization and Defence Department

Functions of the Defence Force

Assistance to the Civil Authorities

Active service outside Papua New Guinea

Liaison with the National Parliament

 

C         "INTERNAL SECURITY"

 

D         COMMISSION OF INQUIRY

 

THE DISCIPLINED FORCES Recommendations

 

A         THE POLICE FORCE

 

PNG Police Force

Control by National Executive Council and Minister

Commissioner of Police

Senior appointments

Functions of Police Force

 

 B          THE DEFENCE FORCE

 

Other armies outlawed

PNG Defence Force

Control by NEC and Minister

Commander of Defence Force

Senior military appointments

Secretary for Defence

Department of Defence

Functions of Defence Force

Active Service outside PNG

PNG defined for defence purposes

Call-out

Declaration of war

Liaison with National Parliament

Conditions of Service

 

C         "INTERNAL SECURITY"

 

D         "COMMISSION OF INQUIRY"

Chapter 14 - General

One person one office

Use of masculine gender

 

A         CONSTITUTIONAL OFFICE-HOLDERS

 

Tenure

Oath or affirmation

Resignation

Retirement

Uncompleted work

Salary and other conditions

Disqualifications

Suspension and removal from office

Acting appointments

Consultation

Reports to parliament

Conclusion to Part A

 

TRANSITIONAL PROVISIONS

 

B          NATIONAL INTERPRETATION SERVICE

 

GENERAL Recommendations

 

One person one office

Use of masculine gender

 

A            CONSTITUTIONAL OFFICE-HOLDERS

 

Definition of "Constitutional Office-holder"

Tenure

Oath or affirmation

Resignation

Retirement

Uncompleted work

Salary and other conditions

Disqualifications

Removal

Investigating tribunal

Suspension

Acting appointments

Consultation

Reports to parliament

 

TRANSITIONAL PROVISIONS

 

Citizen control

 

 B          NATIONAL INTERPRETATION SERVICE

Chapter 15 - MISCELLANEOUS

Constitution to be "home-grown"

Adoption of laws

Preamble to the Constitution

Name of the country, flag, emblem and motto

Sovereignty over Natural Resources

 

TRANSITIONAL

 

New and existing offices and institutions

Select Committee

 

MISCELLANEOUS Recommendations

 

Constitution to be "home-grown"

Adoption of laws

  Preamble to the Constitution

 

 TRANSITIONAL

 

New and existing offices and institutions

Select Committee as consultative body



ACKNOWLEDGEMENTS

 

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Part 2 [PDF - 2MB]

 

NOTE: PART II of this Report incorporates the following:-

 

            FIRST SCHEDULE                 -        Foreign Investment Code

 

            SECOND SCHEDULE           -        Division of Powers and Functions as between National

and Provincial Governments.

            THIRD SCHEDULE                -        PART A           :           Recommendations not for

inclusion in the Constitution.

                               PART B          :           Recommendations for inclusion in the

                                                                Constitution, and their respective degrees

                                                                of entrenchment.

 

            FOURTH SCHEDULE            -        Oaths of Office

 

            APPENDIX A                -          PART I            :           Record of Itinerary of Committee's Internal Meetings.

 

   PART II           :           Tour Itinerary of the Committee.

 

            APPENDIX B              -            PART I           :           Written Submissions received by the Committee from Discussion Groups.                                       

  PART II          :           Written Submissions from individuals, groups, organizations and institutions.

 

   PART III         :           Persons who gave advisory assistance.

 

       APPENDIX C                 -          Discussion Papers

 


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