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Solomon Islands Consolidated Legislation |
THE CONSTITUTION OF SOLOMON ISLANDS
STATUTORY INSTRUMENTS
1978 NO. 783
PACIFIC ISLANDS
The Solomon Islands Independence Order 1978
Made
- 31st May
1978
Laid before
Parliament - 8th June
1978
Coming into
Operation - 7th July 1978
At
the Court at Buckingham Palace, the 31st day of May
1978
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and
in exercise of the powers in that behalf by the Foreign Jurisdiction Act
1890(a)
or otherwise in Her Majesty vested, is pleased, by and with the advice of Her
Privy Council, to order, and it is hereby ordered,
as
follow:-
Citation
and
commencement
1.-(1)
This Order may be cited as the Solomon Islands Independence Order
1978.
(2) This Order shall be
published in the Gazette and shall come into operation on the appointed
day:
Provided that sections 4(2)
and 6 of this Order shall come into operation
forthwith.
Interpretation
2.-(1)
In this Order-
"the appointed day" means 7th July 1978;
"the Constitution" means the Constitution set out in the Schedule to this Order;
"the existing Constitution" means the Constitution set out in the Schedule to the British Solomon Islands Order 1974(b) as amended by the British Solomon Islands (Amendment) Order 1975(c), the British Solomon Islands (Name of Territory) Order 1975(d), the Solomon Islands Courts Order 1975(e), the Solomon Islands (Amendment) Order 1975(f), the Solomon Islands (Amendment) Order 1976(g), and the Solomon Islands (Amendment) Order 1977(h);
(a) 1890 c. 37. (b) S.I. 1974/1262. (c) S.I. 1975/807. (d) S.I. 1975/808. (e) S.I. 1975/1511. (f) S.I. 1975/1832. (g) S.I. 1976/422. (h) S.I. 1977/590.
"the existing laws" means any Acts of the Parliament of the United Kingdom, Orders of Her Majesty in Council, Ordinances, rules, regulations, orders or other instruments having effect as part of the law of Solomon Islands (whether or not they have been brought into operation) immediately before the appointed day but does not include any Order revoked by this Order;
"the existing Legislative Assembly" means the Legislative Assembly established by the existing Constitution;
"the existing Orders" means the Orders revoked by section 3(1) of this Order.
(2)
The provisions of sections 133(2), 139, 144 and 145 of the Constitution shall
apply for the purposes of interpreting sections
1 to 14 of this Order and
otherwise in relation thereto as they apply for the purpose of interpreting and
in relation to the
Constitution.
Revocations
3.-(1)
The British Solomon Islands Order 1974, the British Solomon Islands (Amendment)
Order 1975, the British Solomons Islands (Name
of Territory) Order 1975, the
Solomon Islands Courts Order 1975, the Solomon Islands (Appeals to Privy
Council) Order
1975(a),
the Solomon Islands (Amendment) Order 1975, the Solomon Islands (Amendment)
Order 1976, and the Solomon Islands (Amendment) Order
1977 are
revoked.
(2) The Emergency Powers
Order in Council
1939(b)
and any Order in Council amending that
Order shall cease to have effect as part of the law of Solomon Islands on the
appointed day.
(a) S.I. 1975/1510. (b) See S.I. 1952 I, p. 621.
Establishment
of
Constitution
4.-(1)
Subject to the provisions of this Order, the Constitution shall come into effect
in Solomon Islands on the appointed
day.
(2) The Governor (as defined
for the purposes of the existing Constitution) may at any time after this
subsection comes into operation
exercise any of the powers conferred upon the
Governor-General by section 5 of this Order or by the Constitution to such
extent as
may in his opinion be necessary or expedient to enable the
Constitution to function as from the appointed
day.
Existing
laws
5.-(1)
The revocation of the existing Orders shall be without prejudice to the
continued operation of any existing laws made, or having
effect as if they had
been made, under any of those Orders; and the existing laws shall have effect on
and after the appointed day
as if they had been made in pursuance of the
Constitution and shall be construed with such modifications, adaptations,
qualifications
and exceptions as may be necessary to bring them into conformity
with the Solomon Islands Act
1978(c)
and this Order.
(c) 1978 c. 15
(2) Where any matter that
falls to be prescribed or otherwise provided for under the Constitution by
Parliament or by any other authority
or person is prescribed or provided for by
or under an existing law (including any amendment to any such law made under
this section)
or is otherwise prescribed or provided for immediately before the
appointed day by or under the existing Orders that prescription
or provision
shall, as from that day, have effect (with such modifications, adaptations,
qualifications and exceptions as may be
necessary to bring it into conformity
with the Solomon Islands Act 1978 and this Order) as if it had been made under
the Constitution
by Parliament or, as the case may require, by the other
authority or person.
(3) The
Governor-General may, by order published in the Gazette, at any time before 31st
December 1978 make such amendments to any
existing law (other than the Solomon
Islands Act 1978 or this Order) as may appear to him to be necessary or
expedient for bringing
that law into conformity with the provisions of this
Order or otherwise for giving effect or enabling effect to be given to those
provisions.
(4) An order made
under this section may be amended or revoked by Parliament or, in relation to
any existing law affected thereby,
by any other authority having power to amend,
repeal or revoke that existing
law.
(5) It is hereby declared,
for the avoidance of doubt, that, save as otherwise provided either expressly or
by necessary implication,
nothing in this Order shall be construed as affecting
the continued operation of any existing
law.
(6) The provisions of this
section shall be without prejudice to any powers conferred by this Order or any
other law upon any person
or authority to make provision for any matter,
including the amendment or repeal of any existing
law.
First
Governor
General
6.
Notwithstanding the provisions of section 27(1) of the Constitution, the first
Governor-General shall be appointed by Her Majesty
in accordance with such
address as may have been made to Her before the appointed day by the existing
Legislative Assembly, and any
such appointment shall take effect as from the
appointed
day.
Ministers
7.-(1)
Any person who immediately before the appointed day holds office as Chief
Minister or any other Minister under the existing Constitution
shall as from
that day hold office as Prime Minister or other Minister, as the case may be, as
if he had been elected or appointed
thereto under section 33 of the
Constitution.
(2) Any person
holding office as Prime Minister or other Minister by virtue of the preceding
subsection who immediately before the
appointed day was assigned responsibility
for any business of the Government shall be deemed to have been assigned
responsibility
for such business under section 37 of the
Constitution.
(3) Any person who
holds office as Prime Minister or other Minister by virtue of subsection (1) of
this section shall be deemed to
have complied with the requirements of section
39 of the
Constitution.
Leaders
of Official Opposition and of Independent
Members
8.
The persons who immediately before the appointed day are the Leader of the
Official Opposition and the Leader of the Independent
Members (as defined for
the purposes of the existing Constitution) shall as from that day hold office
respectively as Leader of the
Official Opposition and Leader of the Independent
Members as if they had been appointed thereto under section 66 of the
Constitution.
Parliament
9.-(1)
Until such time as it is otherwise provided under section 54 of the
Constitution, Solomon Islands shall be divided into thirty-eight
constituencies
the respective boundaries of which shall be the same as those prescribed in the
Electoral Provisions (Legislative
Assembly) Regulations 1976 for the
thirty-eight electoral districts established by those
Regulations.
(2) Notwithstanding
anything in sections 47 and 54 of the Constitution, Parliament shall, until it
is first dissolved, consist of
thirty-eight members, and any person who
immediately before the appointed day is an elected member of the existing
Legislative Assembly
shall on that day become a member of Parliament (whether or
not he becomes a citizen of Solomon Islands on that day) and shall be
deemed to
have complied with the requirements of section 63 of the Constitution and shall
hold his seat in Parliament in accordance
with the provisions of the
Constitution.
(3) Any person who
immediately before the appointed day holds the office of Speaker or Deputy
Speaker of the existing Legislative
Assembly shall on that day become the
Speaker or, as the case may be, the Deputy Speaker of Parliament and shall hold
office as such
in accordance with the provisions of the
Constitution.
(4) The rules and
orders of the existing Legislative Assembly as in force immediately before the
appointed day shall, except as may
be otherwise provided under section 62 of the
Constitution, have effect after the appointed day as if they had been made under
that
section but shall be construed with such modifications, adaptations,
qualifications and exceptions as may be necessary to bring them
into conformity
with this Order.
(5)
Notwithstanding anything in section 73(3) of the Constitution, Parliament shall,
unless sooner dissolved, stand dissolved on 1st
June
1980.
Public
officers
10.-(1)
Every person who immediately before the appointed day holds or is acting in a
public office shall, as from that day, hold or
act in that office or the
corresponding public office established by the Constitution as if he had been
appointed to do so in accordance
with the provisions of the Constitution and
shall be deemed to have taken any oaths required upon such appointment by any
existing
law:
Provided that any
person who under the existing Constitution or any existing law would have been
required to vacate office at the
expiration of any period or on the attainment
of any age shall vacate his office under the Constitution upon the expiration of
that
period or upon the attainment of that
age.
(2) The provisions of this
section shall be without prejudice to any powers conferred by or under the
Constitution upon any person
or authority to make provision for the abolition of
offices and for the removal from office of persons holding or acting in any
office.
(3) For the purpose of
administering the oaths to be taken by the first Governor-General under section
29 of the Constitution, the
Chief Justice (or such other judge of the High Court
or the Court of Appeal as the Chief Justice may have designated under that
section)
shall be deemed to have taken the oaths required by section 141 of the
Constitution.
Transitional
provisions relating to
Commissions
11.-(1)
Any person who immediately before the appointed day holds or is acting in any
office to which this subsection applies shall,
as from that day, hold or act in
the corresponding office established by the Constitution as if he had been
appointed to do so in
accordance with the provisions of the
Constitution:
Provided that any
such person who under the provisions of the existing Constitution would have
been required to vacate his office
on the expiration of any period or at any
other time specified in the instrument by which he was appointed shall vacate
his office
at the expiration of that period or at that
time.
(2) Subsection (1) of this
section applies to the following offices of members of Commissions established
by Chapter V of the existing
Constitution-
(a) any member of the Public Service Commission;
(b) the member of the Judicial and Legal Service Commission appointed under section 68A(2)(d) of the existing Constitution; and
(c) the member of the Police Service Commission appointed under section 68C(2)(c) of the existing Constitution.
(3)
Any power that, immediately before the appointed day, is vested in a Commission
established by Chapter V of the existing Constitution
and that under that
Constitution is then delegated to some other person or authority shall be deemed
to have been delegated to that
person or authority on the appointed day in
accordance with the provisions of the Constitution; and any proceedings
commenced or
pending before any such Commission immediately before the appointed
day may be carried on before the corresponding Commission established
by Chapter
XIII of the
Constitution.
Legal
proceedings
12.-(1)
All proceedings commenced or pending immediately before the appointed day before
the High Court or the Court of Appeal established
by the existing Constitution
may continue on and after that day before the High Court or the Court of Appeal,
as the case may be,
established by the
Constitution.
(2) Any decision
given before the appointed day by the High Court or the Court of Appeal
established by the existing Constitution
shall for the purposes of its
enforcement or, in the case of a decision given by the High Court, for the
purpose of any appeal therefrom,
have effect on and after that day as if it were
a decision of the High Court or the Court of Appeal, as the case may be,
established
by the
Constitution.
(3) Sections 85 to
89 of the Constitution shall come into operation on such date as the
Governor-General may by order prescribe, and
any such order may make such
transitional provision as to pending proceedings or otherwise as the
Governor-General thinks fit.
(4)
Notwithstanding the provisions of this section, until such time as the Court of
Appeal is established under section 85 of the
Constitution, appeals from the
High Court shall lie to the Court of Appeal of Fiji or such other court as
Parliament may
prescribe.
Provincial
government
13.
Until further provision is made by Parliament under section 114 of the
Constitution-
(a) provincial government in Solomon Islands shall be regulated by the provisions of the Local Government Ordinance(a) subject to such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the provisions of the Constitution; and
(a) Cap. 14.
(b) each Local Council shall be redesignated Provincial Assembly, and each Area Committee shall be redesignated Area Council.
Alteration
of this
Order
14.-(1)
Parliament may alter any of the provisions of this Order in the same manner as
it may alter any of the provisions of the Constitution
not specified in section
61(2) of the
Constitution:
Provided that
subsections (1), (2), (3) and (5) of section 9, section 10, subsections (1) and
(2) of section 11 and this section may
be altered by Parliament only in the same
manner as the provisions so
specified.
(2) Section 61(5) of
the Constitution shall apply for the purpose of construing references in this
section to any provision of this
Order and to the alteration of any such
provision as it applies for the purpose of construing references in section 61
of the Constitution
to any provision of the Constitution and to the alteration
of any such provision.
______
SCHEDULE
ARRANGEMENT OF SECTIONS
CHAPTER I
THE STATE AND THE CONSTITUTION
SECTION
1.
THE STATE AND HEAD OF STATE
2.
CONSTITUTION IS SUPREME LAW
CHAPTER II
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
3. FUNDAMENTAL RIGHTS AND
FREEDOMS OF THE INDIVIDUAL
4.
PROTECTION OF RIGHT TO LIFE
5.
PROTECTION OF RIGHT TO PERSONAL
LIBERTY
6. PROTECTION FROM SLAVERY AND
FORCED LABOUR
7. PROTECTION FROM
INHUMAN TREATMENT
8. PROTECTION FROM
DEPRIVATION OF PROPERTY
9. PROTECTION
FOR PRIVACY OF HOME AND OTHER
PROPERTY
10. PROVISIONS TO SECURE
PROTECTION OF LAW
11. PROTECTION OF
FREEDOM OF CONSCIENCE
12. PROTECTION
OF FREEDOM OF EXPRESSION
13.
PROTECTION OF FREEDOM OF ASSEMBLY AND
ASSOCIATION
14. PROTECTION OF FREEDOM
OF MOVEMENT
15. PROTECTION FROM
DISCRIMINATION ON GROUNDS OF RACE,
ETC.
16. PROVISIONS FOR PERIODS OF
PUBLIC EMERGENCY
17. COMPENSATION FOR
CONTRAVENTION OF RIGHTS AND FREEDOMS
18. ENFORCEMENT OF PROTECTIVE
PROVISIONS
19. INTERPRETATION AND
SAVINGS
CHAPTER III
CITIZENSHIP
20. PERSONS WHO BECOME
CITIZENS ON INDEPENDENCE DAY
21.
PERSONS ENTITLED TO BE REGISTERED AS CITIZENS AFTER INDEPENDENCE
DAY
22. PERSONS BORN ON OR AFTER
INDEPENDENCE DAY
23. AVOIDANCE OF DUAL
NATIONALITY
24. COMMONWEALTH
CITIZENS
25. POWERS OF
PARLIAMENT
26.
INTERPRETATION
CHAPTER IV
THE GOVERNOR-GENERAL
27. ESTABLISHMENT OF
OFFICE OF GOVERNOR-GENERAL
28. ACTING
GOVERNOR-GENERAL
29. OATHS TO BE TAKEN
BY GOVERNOR-GENERAL
CHAPTER V
THE EXECUTIVE
30. EXECUTIVE AUTHORITY OF
SOLOMON ISLANDS
31. EXERCISE OF
GOVERNOR-GENERAL'S FUNCTIONS
32.
GOVERNOR-GENERAL TO BE KEPT
INFORMED
33.
MINISTERS
34. TENURE OF OFFICE OF
MINISTERS
35. THE
CABINET
36. PROCEEDINGS IN
CABINET
37. ASSIGNMENT OF
RESPONSIBILITIES TO MINISTERS
38.
PERFORMANCE OF PRIME MINISTER'S FUNCTIONS DURING ILLNESS OR
ABSENCE
39. OATHS TO BE TAKEN BY
MEMBERS OF CABINET
40. DIRECTION, ETC
OF GOVERNMENT DEPARTMENTS
41.
SECRETARY TO CABINET
42.
ATTORNEY-GENERAL
43. COMMISSIONER OF
POLICE
44. CONSTITUTION OF
OFFICES
45. PREROGATIVE OF
MERCY
CHAPTER VI
THE NATIONAL LEGISLATURE
Part I - Parliament
46. ESTABLISHMENT OF
PARLIAMENT
47. COMPOSITION OF
PARLIAMENT
48. QUALIFICATION FOR
MEMBERSHIP
49. DISQUALIFICATION FROM
MEMBERSHIP
50. VACATION OF SEATS BY
MEMBERS
51. VACATION OF SEAT ON
SENTENCE, ETC
52. DETERMINATION OF
QUESTIONS AS TO MEMBERSHIP
53.
CONSTITUENCY BOUNDARIES COMMISSION
54.
CONSTITUENCIES
55. QUALIFICATIONS AND
DISQUALIFICATIONS FOR REGISTRATION AS AN
ELECTOR
56. RIGHT TO VOTE AT
ELECTION
57. ELECTORAL
COMMISSION
58. FUNCTIONS OF ELECTORAL
COMMISSION
Part II - Legislation and Procedure in Parliament
59. POWER TO MAKE
LAWS
60. INTRODUCTION OF BILLS,
ETC
61. ALTERATION OF
CONSTITUTION
62. RULES OF PROCEDURE OF
PARLIAMENT
63. OATH OF
ALLEGIANCE
64. THE SPEAKER AND DEPUTY
SPEAKER
65. PRESIDING IN
PARLIAMENT
66. LEADERS OF OPPOSITION
AND INDEPENDENT GROUPS IN
PARLIAMENT
67.
QUORUM
68. PROCEEDINGS IN
PARLIAMENT
69. PRIVILEGES OF
PARLIAMENT AND ITS MEMBERS
69A.
MEMBERS OF PARLIAMENT (ENTITLEMENTS)
COMMISSION
69B. DETERMINATION OF
ENTITLEMENTS OF PARLIAMENTARIANS
69C.
ADMISSIBILITY OF ENTITLEMENTS TO BE IN ACCORDANCE WITH
REGULATIONS
70. PROCEEDINGS OF
PARLIAMENT TO BE HELD IN PUBLIC
71.
VOTING
72. SESSIONS OF
PARLIAMENT
73. PROROGATION AND
DISSOLUTION
74. GENERAL
ELECTIONS
CHAPTER VII
THE LEGAL SYSTEM
Part I - The Application of Laws
75. APPLICATION OF
LAWS
76. COMMON LAW AND CUSTOMARY LAW,
ETC
Part II - The Judiciary
(a) The High Court
77. ESTABLISHMENT OF HIGH
COURT
78. APPOINTMENT OF JUDGES OF
HIGH COURT
79. ACTING JUDGES AND
COMMISSIONERS OF HIGH COURT
80. TENURE
OF OFFICE OF JUDGES OF HIGH COURT
81.
JUDGE MAY SIT AFTER APPOINTMENT HAS
TERMINATED
82. SEAL OF HIGH
COURT
83. JURISDICTION OF HIGH COURT
IN CONSTITUTIONAL QUESTIONS
84. HIGH
COURT AND SUBORDINATE COURTS
(b) The Court of Appeal
85. ESTABLISHMENT OF COURT
OF APPEAL
86. APPOINTMENT OF JUDGES OF
COURT OF APPEAL
87. TENURE OF OFFICE
OF JUDGES OF COURT OF APPEAL
88. JUDGE
MAY SIT AFTER APPOINTMENT HAS
TERMINATED
89. SEAL OF COURT OF
APPEAL
(c) Rules of Court
90. RULES OF
COURT
Part III-The Director of Public Prosecutions and the Public Solicitor
91. DIRECTOR OF PUBLIC
PROSECUTIONS
92. PUBLIC
SOLICITOR
CHAPTER VIII
LEADERSHIP CODE
93. APPLICATION OF THIS
CHAPTER
94. RESPONSIBILITIES OF
OFFICE
95. FURTHER
PROVISIONS
CHAPTER IX
THE OMBUDSMAN
96. OFFICE OF
OMBUDSMAN
97. FUNCTIONS OF
OMBUDSMAN
98. DISCHARGE OF FUNCTIONS
OF OMBUDSMAN
99. FURTHER
PROVISIONS
CHAPTER X
FINANCE
100. CONSOLIDATED FUND AND
SPECIAL FUNDS
101. WITHDRAWAL OF MONEY
FROM CONSOLIDATED FUND
102.
AUTHORISATION OF EXPENDITURE
103.
AUTHORISATION OF EXPENDITURE IN ADVANCE OF
APPROPRIATION
104. DELAY IN
APPROPRIATION ACT OWING TO
DISSOLUTION
105. PUBLIC DEBT AND
BORROWING
106. IMPOSITION OF
TAXATION
107. REMUNERATION OF CERTAIN
OFFICERS
108.
AUDITOR-GENERAL
109.
INTERPRETATION
CHAPTER XI
LAND
110.
LAND
111. NON-CUSTOMARY
LAND
112. CUSTOMARY
LAND
113. SAVINGS AND
INTERPRETATION
CHAPTER XII
POLITICAL DIVISIONS
114. GOVERNMENT OF HONIARA
CITY AND PROVINCES
CHAPTER XIII
THE PUBLIC SERVICE
115. PUBLIC SERVICE
COMMISSION
116. APPOINTMENTS ETC. OF
PUBLIC OFFICERS
116A. TEACHING SERVICE
COMMISSION
116B. APPOINTMENTS ETC. OF
TEACHERS
117. JUDICIAL AND LEGAL
SERVICE COMMISSION
118. APPOINTMENTS
ETC. OF JUDICIAL AND LEGAL
OFFICERS
119. POLICE AND PRISONS
SERVICE COMMISSION
120. APPOINTMENTS
OF OFFICERS IN POLICE FORCE
121.
REMOVAL AND DISCIPLINE OF MEMBERS OF POLICE FORCE
122.
APPEAL
123. APPOINTMENTS OF OFFICERS
IN PRISONS SERVICE
124. REMOVAL AND
DISCIPLINE OF MEMBERS OF PRISONS
SERVICE
125.
APPEAL
126. REMOVAL FROM OFFICE OF
MEMBERS OF COMMISSION
127.
APPOINTMENTS ETC. TO PARTICULAR
OFFICES
128. APPOINTMENT OF PERMANENT
SECRETARIES
129. TENURE OF OFFICE OF
CERTAIN PUBLIC OFFICERS
130.
APPLICABILITY OF PENSIONS LAW
131.
PENSIONS ETC. CHARGED ON THE CONSOLIDATED
FUND
132. GRAND AND WITHHOLDING OF
PENSIONS ETC
CHAPTER XIV
MISCELLANEOUS
133. POWERS OF APPOINTMENT
AND ACTING APPOINTMENTS
134.
REAPPOINTMENTS AND CONCURRENT
APPOINTMENTS
135. REMOVAL FROM
OFFICE
136.
RESIGNATIONS
137. PERFORMANCE OF
FUNCTIONS OF COMMISSIONS, ETC
138.
SAVING FOR JURISDICTION OF COURTS
139.
POWER TO AMEND AND REVOKE INSTRUMENTS,
ETC
140.
CONSULTATION
141.
OATHS
142. NATIONAL
SEAL
143. ESTABLISHMENT OF CERTAIN
OFFICES
144.
INTERPRETATION
145. REFERENCES TO
PUBLIC OFFICE, ETC
SCHEDULE 1
FORMS OF OATHS AND AFFIRMATIONS
SCHEDULE 2
ELECTION OF PRIME MINISTER
SCHEDULE 3
APPLICATION OF LAWS
----------------------------
LN 43
of 1978
14 of
1982
1 of
1983
1 of
1989
10 of
1992
[Sections
1 to 84 & 90 to 145 - 7th July
1978.
Sections 85
to 89 - 1 December 1982]
We the people of Solomon Islands, proud of the wisdom and the worthy customs of our ancestors, mindful of our common and diverse heritage and conscious of our common destiny, do now, under the guiding hand of God, establish the sovereign democratic State of Solomon Islands;
As a basis of our united nation
DECLARE that -
(a) all power in Solomon Islands belongs to its people and is exercised on their behalf by the legislature, the executive and the judiciary established by this Constitution;
(b) the natural resources of our country are vested in the people and the government of Solomon Islands;
AGREE AND PLEDGE that -
(a) our government shall be based on democratic principles of universal suffrage and the responsibility of executive authorities to elected assemblies;
(b) we shall uphold the principles of equality, social justice and the equitable distribution of incomes;
(c) we shall respect and enhance human dignity and strengthen and build on our communal solidarity;
(d) we shall cherish and promote the different cultural traditions within Solomon Islands;
(e) we shall ensure that participation of our people in the governance of their affairs and provide within the framework of our national unity for the decentralisation of power;
AND for these purposes we now give ourselves this Constitution.
CHAPTER I
THE STATE AND THE CONSTITUTION
The
State and Head of
State
1.-(1)
Solomon Islands shall be a sovereign democratic
State.
(2) Her Majesty shall be
the Head of State of Solomon
Islands.
Constitution
is supreme
law
2.
This Constitution is the supreme law of
Solomon Islands and if any other law is inconsistent with this Constitution,
that other law
shall, to the extent of the inconsistency, be
void.
CHAPTER II
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
Fundamental
rights and freedoms of the
individual
3.
Whereas every person in Solomon Islands is entitled to the fundamental rights
and freedoms of the individual, that is to say, the
right, whatever his race,
place of origin, political opinions, colour, creed or sex, but subject to
respect for the rights and freedoms
of others and for the public interest, to
each and all of the following, namely:-
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience of expression and of assembly and association; and
(c) protection for the privacy of his home and other property and from deprivation of property without compensation,
the
provisions of this Chapter shall have effect for the purpose of affording
protection of 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 the
said rights and freedoms by an individual does
not prejudice the rights and freedoms of others or the public
interest.
Protection
of right to
life
4.-(1)
No person shall be deprived of his life intentionally save in execution of the
sentence of a court in respect of a criminal offence
under the law in force in
Solomon Islands of which he has been
convicted.
(2) A person shall not
be regarded as having been deprived of his life in contravention of this section
if he dies as the result of
the use, to such extent and in such circumstances as
are permitted by law, of such force as is reasonably justifiable-
(a) for the defence of any person from violence or for the defence of property;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or mutiny;
(d) in order to prevent the commission by that person of a criminal offence,
or
if he dies as the result of a lawful act of
war.
Protection
of right to personal
liberty
5.-(1)
No person shall be deprived of his personal liberty save as may be authorised by
law in any of the following cases, that is to
say -
(a) in consequence of his unfitness to plead to a criminal charge;
(b) in execution of the sentence or order of a court, whether established for Solomon Islands or some other country, in respect of a criminal offence of which he has been convicted;
(c) in execution of the order of a court of record punishing him for contempt of that court or of a court inferior to it;
(d) in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law;
(e) for the purpose of bringing him before a court in execution of the order of a court;
(f) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in Solomon Islands;
(g) in the case of a person who has not attained the age of eighteen years, under the order of a court or with the consent of his parent or guardian, for the purpose of his education or welfare;
(h) for the purpose of preventing the spread of an infectious or contagious disease;
(i) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;
(j) for the purpose of preventing the unlawful entry of that person into Solomon Islands, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Solomon Islands or for the purpose of restricting that person while he is being conveyed through Solomon Islands in the course of his extradition or removal as a convicted prisoner from one country to another; or
(k) to such extent as may be necessary in the execution of a lawful order of a court requiring that person to remain within a specified area within Solomon Islands or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person relating to the making of any such order, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of Solomon Islands in which, in consequence of any such order, his presence would otherwise be unlawful.
(2)
Any person who is arrested or detained shall be informed as soon as reasonably
practicable, and in a language that he understands,
of the reasons for his
arrest or detention.
(3) Any
person who is arrested or detained -
(a) for the purpose of brining him before a court in execution of the order of a court;
(b) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in Solomon Islands,
and
who is not released, shall be brought without undue delay before a court; and if
any person arrested or detained upon reasonable
suspicion of his having
committed or being about to commit a criminal offence is not tried within a
reasonable time, then, without
prejudice to any further proceedings that may be
brought against him, he shall be released either unconditionally or upon
reasonable
conditions, including in particular such conditions as are reasonable
necessary to ensure that he appears at a later date for trial
or for proceedings
preliminary to
trial.
Protection
from slavery and forced
labour
6.-(1)
No person shall be held in slavery or
servitude.
(2) No person shall be
required to perform forced
labour.
(3) For the purposes of
this section, the expression "forced labour" does not include -
(a) any labour required in consequence of the sentence or order of a court;
(b) any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;
(c) any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service;
(d) any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation; or
(e) any labour reasonably required as part of reasonable and normal communal or other civic obligations.
Protection
from inhuman
treatment
7.
No person shall be subjected to torture or to inhuman or degrading punishment or
other
treatment.
Protection
from deprivation of
property
8.-(1)
No property of any description shall be compulsorily taken possession of, and no
interest or right over property of any description
shall be compulsorily
acquired, except where the following conditions are satisfied, that is to say
-
(a) the taking of possession or acquisition is necessary or expedient in the interests of defence, public safety, public order, public morality, public health, town or country planning or the development or utilisation of any property in such a manner as to promote the public benefit; and
(b) there is reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the property; and
(c) provision is made by a law applicable to that taking of possession or acquisition -
(i) for the payment of reasonable compensation (the valuable consideration of which may take the form of cash or some other form and may be payable by way of lump sum or by instalments) within a reasonable period of time having due regard to all the relevant circumstances; and
(ii) securing to any person having an interest in or right over the property a right of access to the High Court, whether direct or on appeal from any other authority, for the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the reasonableness of the compensation and the period of time within which it shall be paid.
(2)
Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of this
section -
(a) to the extent that the law in question makes provision for the taking of possession or acquisition of any property -
(i) in satisfaction of any tax, rate or duty;
(ii) by way of penalty for breach of the law of forfeiture in consequence of a breach of the law;
(iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
(iv) in the execution of judgements or orders of a court in proceedings for the determination of civil rights or obligations;
(v) in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or injurious to the health of human beings, animals or plants;
(iv) in consequence of any law with respect to the limitation of actions or acquisitive prescription; or
(vii) for so long only as may be necessary for the purposes of any examination, investigation, trial or enquiry or, in the case of land, the carrying out thereon -
(A) of work of soil conservation or of conservation of other natural resources; or
(B) of work relating to agricultural development or improvement which the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out,
except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; or
(b) to the extent that the law in question makes provision for the taking of possession or acquisition of -
(i) enemy property;
(ii) property of a deceased person, a person of unsound mind, a person who has not attained the age of twenty-one years or a person who is absent from Solomon Islands, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;
(iii) property of a person declared to be insolvent or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the insolvent or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or
(iv) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.
(3)
Nothing in this section shall be construed as affecting the making or operation
of any law for the compulsory taking of possession
in the public interest of any
property, or the compulsory acquisition in the public interest of any interest
in or right over property,
where that property, interest or right is held by a
body corporate established for public purposes by any law and in which no moneys
have been invested other than moneys provided by the
Government.
Protection
for privacy of home and other
property
9.-(1)
Except with his own consent, no person shall be subjected to the search of his
person or his property or the entry by others
on his
premises.
(2) Nothing contained in
or done under the authority of any law shall be held to be inconsistent with or
in contravention of this
section to the extent that the law in question makes
provision -
(a) in the interests of defence, public safety, public order, the prevention and investigation of breaches of the law, public morality, public health, town or country planning, the development and utilisation of mineral resources, or the development or utilisation of any other property in such a manner as to promote the public benefit;
(b) for the purpose of protection the rights or freedoms of other persons;
(c) for the purpose of authorising an officer or agent of the Government, an authority of the property of Honiara city or of a provincial government or a body corporate established by law for a public purpose to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or duty or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the Government, that authority or that body corporate, as the case may be;
1 of 1983, Sched.
(d) for the purpose of authorising the entry upon any premises in pursuance of an order of a court for the purpose of enforcing the judgment or order of a court in any proceedings; or
(e) for the purpose of authorising the entry upon any premises for the purpose of preventing or detecting criminal offences,
and
except so far as that provision or, as the case may be, anything done under the
authority thereof is shown not to be reasonably
justifiable in a democratic
society.
Provisions
to secure protection of
law
10.-(1)
If any person is charged with a criminal offence, then, unless the charge is
withdrawn, that person shall be afforded a fair
hearing within a reasonable time
by an independent and impartial court established by
law.
(2) Every person who is
charged with a criminal offence -
(a) shall be presumed to be innocent until he is proved or has pleaded guilty;
(b) shall be informed as soon as reasonably practicable, in detail and in a language that he understands, of the nature of the offence charged;
(c) shall be given adequate time and facilities for the preparation of his defence;
(d) shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice;
(e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and
(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge,
and,
except with his own consent, the trial shall not take place in his absence
unless he so conducts himself as to render the continuance
of the proceedings in
his presence impracticable and the court has ordered him to be removed and the
trial to proceed in his
absence.
(3) When a person is
tried for any criminal offence, the accused person or any person authorised by
him in that behalf shall, if he
so requires and subject to payment of such
reasonable fee as may be prescribed by law, be given within a reasonable time
after judgement
a copy for the use of the accused person of any record of the
proceedings made by or on behalf of the
court.
(4) No person shall be held
to be guilty of a criminal offence on account of any act or omission that did
not, at the time it took
place, constitute such an offence, and no penalty shall
be imposed for any criminal offence that is severer in degree or description
than the maximum penalty that might have been imposed for that offence at the
time when it was committed.
(5) No
person who shows that he has been tried by a competent court for a criminal
offence and either convicted or acquitted shall
again be tried for that offence
or for any other criminal offence of which he could have been convicted at the
trial for that offence,
save upon the order of a superior court in the course of
appeal of review proceedings relating to the conviction or
acquittal.
(6) No person shall be
tried for a criminal offence if he shows that he has been pardoned for that
offence.
(7) No person who is
tried for a criminal offence shall be compelled to give evidence at the
trial.
(8) Any court or other
adjudicating authority prescribed by law for the determination of the existence
or extent of any civil right
or obligation shall be established or recognised by
law and shall be independent and impartial; and where proceedings for such a
determination are instituted by any person before such a court or other
adjudicating authority, that person shall be given a fair
hearing within a
reasonable time.
(9) Except with
the agreement of all the parties thereto, all proceedings of every court and
proceedings for the determination of
the existence or extent of any civil right
or obligation before any other adjudicating authority, including the
announcement of the
decision of the court or other authority, shall be held in
public.
(10) Nothing in the
preceding subsection shall prevent the court or other adjudicating authority
from excluding from the proceedings
persons other than the parties thereto and
their legal representatives to such extent as the court or other authority
-
(a) may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of decency, public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or
(b) may by law be empowered or required so to do in the interests of defence, public safety or public order;
(11)
Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of –
(a) subsection (2)(a) of this section to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts;
(b) Subsection (2)(e) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or
(c) subsection (5) of this section to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law.
Protection
of freedom of
conscience
11.-(1)
Except with his own consent, no person shall be hindered in the enjoyment of his
freedom of conscience, and for the purposes
of this section the said freedom
includes freedom of thought and of religion, freedom to change his religion or
belief, and freedom,
either alone or in community with others, and both in
public and in private, to manifest and propagate his religion or belief in
worship, teaching, practice and
observance.
(2) Every religious
community shall be entitled, at its own expense, to establish and maintain
places of education and to manage any
place of education which it wholly
maintains.
(3) No religious
community shall be prevented from providing religious instruction for persons of
that community in the course of
any education provided at any place of education
which it wholly maintains or in the course of any education which it otherwise
provides.
(4) Except with his own
consent (or, if he is a person who has not attained the age of eighteen years,
the consent of his guardian)
no person attending any place of education shall be
requires to receive religious instruction or take part in or attend any
religious
ceremony or observance if that instruction, ceremony or observance
relates to a religion other than his
own.
(5) No person shall be
compelled to take any oath which is contrary to his religion or belief or to
take any oath in a manner which
is contrary to his religion or
belief.
(6) Nothing contained in
or done under the authority of any law shall be held to be inconsistent with or
in contravention of this
section to the extent that the law in question makes
provision which is reasonably required -
(a) in the interest of defence, public safety, public order, public morality or public health; or
(b) for the purpose of protecting the rights and freedoms of other persons, including the right to practise and observe any religion without the unsolicited intervention of members of any other religion,
and
except so far as that provision or, as the case may be, the thing done under the
authority thereof is shown not to be reasonably
be justifiable in a democratic
society.
(7) Nothing in this
section shall affect the power of Parliament to prescribe the curriculum and
related matters in all places of
education within Solomon
Islands.
(8) References in this
section to a religion shall be construed as including references to a religious
denomination, and cognate expressions
shall be construed
accordingly.
Protection
of freedom of
expression
12.-(1)
Except with his own consent, no person shall be hindered in the enjoyment of his
freedom of expression, and for the purposes
of this section the said freedom
includes the freedom to hold opinions without interference, freedom to receive
ideas and information
without interference, freedom to communicate ideas and
information without interference and freedom from interference with his
correspondence.
(2) Nothing
contain in or done under the authority of any law shall be held to be
inconsistent with or in contravention of this section
to the extent that the law
in question makes provision-
(a) in the interest of defence, public safety, public order, public morality or public health;
(b) for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, or regulating the administration or the technical operation of telephony, telegraphy, posts, wireless, broadcasting or television; or
(c) that imposes restriction upon public officers,
and
except so far as that provision or, as the case may be, the thing done under the
authority thereof is shown not to be reasonably
justifiable in a democratic
society.
Protection
of freedom of assembly and
association
13.-(1)
Except with his own consent, no person shall be hindered in the enjoyment of his
freedom of assembly and association, that is
to say, his right to assemble
freely and associate with other persons and in particular to form or belong to
political parties or
to form or belong to trade unions or other associations for
the protection of his
interests.
(2) Nothing contained
in or done under the authority of any law shall be held to be inconsistent with
or in contravention of this
section to the extent that the law in question makes
provision -
(a) to the interests of defence, public safety, public order, public morality or public health;
(b) for the purpose of protecting the rights or freedoms of other persons; or
(c) that imposes restrictions upon public officers,
and
except so far as that provision or, as the case may be, the thing done under the
authority thereof is shown not to be reasonably
justifiable in a democratic
society.
Protection
of freedom of
movement
14.-(1)
No person shall be deprived of his freedom of movement, and for the purposes of
this section the said freedom means the right
to move freely throughout Solomon
Islands, the right to reside in any part of Solomon Islands, the right to enter
Solomon Islands
and immunity from expulsion from Solomon
Islands.
(2) Any restriction on a
person's freedom of movement that is involved in his lawful detention shall not
be held to be inconsistent
with or in contravention of this
section.
(3) Nothing contained in
or done under the authority of any law shall be held to be inconsistent with or
in contravention of this
section to the extent that the law in question makes
provision -
(a) for the imposition of restrictions on the movement or residence within Solomon Islands of any person or on any person's right to leave Solomon Islands that are reasonably required in the interests of defence, public safety or public order;
(b) for the imposition of restriction on the movement or residence within Solomon Islands or on the right to leave Solomon Islands of persons generally or any class of persons that are reasonably required in the interests of defence, public safety, public order, public morality or public health;
(c) for the imposition of restrictions on the movement or residence within Solomon Islands of any person who is not a citizen of Solomon Islands or the exclusion or expulsion from Solomon Islands of any such person;
(d) for the imposition of restrictions on the acquisition or use by any person of land or other property in Solomon Islands;
(e) for the imposition of restrictions upon the movement or residence within Solomon Islands of public officers;
(f) for the removal of a person from Solomon Islands to be tried or punished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in that other country in execution of the sentence of a court in respect of a criminal offence under the law in force in Solomon Islands of which he has been convicted; or
(g) for the imposition of restrictions, by order of a court, on the movement or residence within Solomon Islands of any person or on any person's right to leave Solomon Islands either in consequence of his having been found guilty of a criminal offence under the law in force in Solomon Islands or for the purpose of ensuring that he appears before a court at a later date for trial or for proceedings relating to his extradition or lawful removal from Solomon Islands,
and
except so far as that provision or, as the case may be, the thing done under the
authority thereof is shown not to be reasonably
justifiable in a democratic
society.
(4) If any person whose
freedom of movement has been restricted by virtue only of such a provision as is
referred to in subsection
(3)(a)
or
(b)
of this section so request at any time during the period of that restriction not
earlier than six months after he last made such
a request during that period,
his case shall be reviewed by an independent and impartial tribunal presided
over by a person, qualified
to be admitted to practise in Solomon Islands as an
advocate or as a barrister and solicitor, appointed by the Chief
Justice.
(5) On any review by a
tribunal in pursuance of the preceding subsection of the case of a person whose
freedom of movement has been
restricted, the decision of the tribunal concerning
the necessity or expediency of continuing the restriction shall be binding on
the authority by which it was
ordered.
Protection
from discrimination on grounds of race,
etc.
15.-(1)
Subject to the provisions of subsections (5), (6) and (9) of this section, no
law shall make any provision that is discriminatory
either of itself or in its
effect.
(2) Subject to the
provisions of subsections (7), (8) and (9) of this section, no person shall be
treated in a discriminatory manner
by any person acting by virtue of any written
law or performance of the function of any public office or any public
authority.
(3) Subject to the
provision of subsection (9) of this section, no person shall be treated in a
discriminatory manner in respect of
access to shops, hotels, lodging-houses,
public restaurants, eating-houses or places of public entertainment or in
respect of access
to places of public resort maintained wholly or partly out of
public funds or dedicated to the use of the general
public.
(4) In this section, the
expression "discriminatory" means affording different treatment to different
persons attributable wholly
or mainly to their respective descriptions by race,
place of origin, political opinions, colour, creed or sex whereby persons of
one
such description are subjected to disabilities or restrictions to which persons
of another such description are not made subject
or are accorded privileges or
advantages which are not accorded to persons of another such
description.
(5) Subsection (1) of
this section shall not apply to any law so far as that law makes
provision-
(a) for the imposition of taxation or the appropriation of revenue by the Government or the government of Honiara city, or any provincial government, or the Honiara city council or any provincial or any provincial assembly for local purposes;
1 of 1983, Sched.
(b) with respect to persons who are not citizens of Solomon Islands;
(c) for the application, in the case of persons of any such description as is mentioned in the preceding subsection (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description;
(d) for the application of customary law;
(e) with respect to land, the tenure of land, the resumption and acquisition of land and other like purposes;
(f) for the advancement of the more disadvantaged members of the community; or
(g) where persons of any such description as is mentioned in the preceding subsection may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.
(6)
Nothing contained in any law shall be held to be inconsistent with or in
contravention of subsection (1) of this section to the
extent that it makes
provision with respect to standards or qualifications (not being standards or
qualification specifically relating
to race, place of origin, political
opinions, colour, creed or sex) to be required of any person who is appointed to
any office in
the public service, any office in a disciplined force, any office
in the service of the government of Honiara city or any provincial
government or
any office in a body corporate established directly by any law for public
purposes, or who wishes to engage in any
trade or business.
1 of 1983, Sched.
(7) Subsection (2) of this
section shall not apply to anything which is expressly or by necessary
implication authorised to be done
by any such provision of law as is referred to
in subsection (5) or (6) of this
section.
(8) Subsection (2) of
this section shall not affect any discretion relating to the institution,
conduct or discontinuance of civil
or criminal proceedings in any court that is
vested in any person by or under this Constitution or any other
law.
(9) Nothing contained in or
done under the authority of any law shall be held to be inconsistent with or in
contravention of this
section to the extent that the law in question makes
provision whereby persons of any such description as is mentioned in subsection
(4) of this section may be subjected to any restriction on the rights and
freedoms guaranteed by section 9, 11, 12, 13 and 14 of
this Constitution, being
such a restriction as is authorised by section 9(2), 11(6), 12(2), 13(2) or
14(3), as the case may
be.
Provisions
for periods of public
emergency
16.-(1)
In this Chapter "period of public emergency" means any period during which
-
(a) Solomon Islands is at war; or
(b) there is in force a declaration made under the provisions of this section.
(2)
The Governor-General may at any time by proclamation declare that a state of
public emergency exists and as soon as practicable
shall publish such
proclamation in the Gazette.
(3) A
declaration made under subsection (2) of this section shall cease to have effect
on the expiration of a period of seven days
commencing with the day on which the
declaration is made unless before the expiration of that period it has been
approved by a resolution
of Parliament supported by the votes of at least
two-thirds of all the members
thereof:
Provided that, if a
declaration is made during any period when Parliament is not sitting, Parliament
shall be convened not later than
two weeks after the day on which the
declaration is made and the period of seven days referred to in this subsection
shall commence
on the day on which Parliament
convened.
(4) A declaration made
under subsection (2) of this section may at any time before it has been approved
by a resolution of Parliament
be revoked by the Governor-General by a
proclamation published in the
Gazette.
(5) A declaration made
under subsection (2) of this section and approved by a resolution of Parliament
under subsection (3) shall
continue in force until the expiration of a period of
four months commencing with the day on which the declaration is made or until
such earlier date as may be specified in the
resolution.
(6) Notwithstanding
the provisions of subsection (5) of this section, a declaration made under
subsection (2) and approved by a resolution
of Parliament under subsection (3)
may at any time be revoked by a resolution of Parliament supported by the votes
of a majority
of all the members
thereof.
(7) Nothing contained in
or done under the authority of any law shall be held to be inconsistent with or
in contravention of section
5, 6(2), 9, 11, 12, 13, 14, or 15 of this
Constitution to the extent that the law in question makes in relation to any
period of
public emergency provision, or authorises the doing during any such
period of any thing, that is reasonably justifiable in circumstances
of any
situation arising or existing during the period for the purpose of dealing with
that situation.
(8) Where a person
is detained by virtue of a law that authorises the taking during a period of
public emergency of measures that
are reasonably justifiable for the purpose of
dealing with the situation that exists in Solomon Islands during that period,
the following
provisions shall apply, that is to say -
(a) he shall, as soon as reasonable practicable, be furnished with a statement in writing, in a language that he understands, specifying in detail the grounds upon which he is detained;
(b) the announcement of his detention shall be made as soon as possible, and not more than fourteen days after the commencement of his detention a notification shall be publish in the Gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorised.
(c) not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than six months, his case shall be reviewed by an independent and impartial tribunal established by law consisting of a Chairman appointed by the Chief Justice and two other persons appointed by the Judicial and Legal Service Commission;
(d) he shall be afforded reasonable facilities to consult a legal representative of his own choice who shall be permitted to make representations to the tribunal; and
(e) at the hearing of his case by the tribunal he shall be permitted to appear in person or by a legal representative of his own choice.
(9)
On any review by a tribunal in pursuance of subsection (8) of this section of
the case of a detained person, the decision of the
tribunal concerning the
necessity or expediency of continuing his detention shall be binding on the
authority by which it was
ordered.
(10) Nothing contained in
paragraph (d)
or
(e)
of subsection (8) of this section shall be construed as entitling a person to
legal representation at public
expense.
Compensation
for contravention of rights and
freedoms
17.
Any person any of whose rights or freedoms under this Chapter has been
contravened shall be entitled to compensation for the contravention
thereof from
the person or authority which contravened
it.
Enforcement
of protective
provisions
18.-(1)
Subject to the provisions of subsection (6) of this section, if any person
alleges that any of the provisions of sections 3 to
16 (inclusive) of this
Constitution has been, is being or is likely to be contravened in relation to
him (or, in the case of a person
who is detained, if any other person alleges
such a contravention in relation to the detained person) then, without prejudice
to
any other action with respect to the same matter which is lawfully available,
that person (or that other person) may apply to the
High Court for
redress.
(2) The High Court shall
have original jurisdiction-
(a) to hear and determine any application made by any person in pursuance of the preceding subsection;
(b) to determine any question arising in the case of any person which is referred to it in pursuance of the next following subsection,
and
may make such orders, issue such writs and give such directions, including the
payment of compensation, as it may consider appropriate
for the purpose of
enforcing or securing the enforcement of any of the provisions of sections 3 to
16 (inclusive) of this
Constitution:
Provided that the
High Court may decline to exercise its powers under this subsection if it is
satisfied that adequate means of redress
for the contravention alleged are or
have been available to the person concerned under any other
law.
(3) If in any proceedings in
any subordinate court any question arises as to the contravention of any of the
provisions of sections
3 to 16 (inclusive) of this Constitution, the person
presiding in that court may, and shall if any party to the proceedings so
requests,
refer the question to the High Court unless, in his opinion, the
raising of the question is merely frivolous or
vexatious.
(4) Any person
aggrieved by any determination of the High Court under this section may appeal
therefrom to the Court of
Appeal:
Provided that no appeal
shall lie from a determination of the High Court under this section dismissing
an application on the ground
that it is frivolous or
vexatious.
(5) Parliament may
confer upon the High Court powers additional to those conferred by this section
for the purpose of enabling that
court more effectively to exercise the
jurisdiction conferred upon it by this
section.
(6) Rules of court making
provision with respect to the practise and procedure of the High Court in
relation to the jurisdiction conferred
on it by or under this section (including
rules with respect to the time within which any application or reference shall
or may be
made or brought) may be made by the person or authority for the time
being having power to make rules of court with respect to the
practice and
procedure of that court
generally.
Interpretation
and
savings
19.-(1)
In this Chapter, unless the context otherwise requires -
"contravention", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;
"court" means any court of law having jurisdiction in Solomon Islands, other than a court established by a disciplinary law, and includes in sections 4 and 6 of this Constitution a court established by a disciplinary law;
"disciplinary law" means a law regulating the discipline of any disciplined force;
"disciplined force" means -
(a) any naval, military or air force;
(b) the Solomon Islands Fire Service;
(c) the Prisons Service;
(d) the Marine Division;
(e) the Police Force;
(f) the Special Constabulary; or
(g) any other constabulary or police force established by Parliament;
"member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline.
(2)
Nothing contained in sections 12, 13, and 14 of this Constitution shall be
construed as precluding the inclusion in the terms
and conditions of service of
public officers of reasonable requirements as to their communication or
association with other persons
or as to their movements or
residence.
(3) In relation to any
person who is a member of a disciplined force of Solomon islands, nothing
contained in or done under the authority
of the disciplinary law of that force
shall be held to be inconsistent with or in contravention of any of the
provisions of this
Chapter other than sections 4, 6, 7, 8 and
15.
(4) In relation to any person
who is a member of a disciplined force that is not a disciplined force of
Solomon Islands and who is
present in Solomon Islands in pursuance of
arrangements made between the Government of Solomon Islands and another
Government or
an international organisation, nothing contained in or done under
the authority of the disciplinary law of that force shall be held
to be
inconsistent with or in contravention of any of the provisions of this
Chapter.
(5) No measure taken in
relation to a person who is a member of a disciplined force of a country with
which Solomon Islands is at
war and no law, to the extent that it authorises the
taking of any such measures, shall be held to be inconsistent with or in
contravention
of any of the provisions of this Chapter.
CHAPTER III
CITIZENSHIP
Persons
who become citizens on Independence Day
20.-(1) (a) Every person who is immediately before Independence Day an indigenous Solomon Islander shall become a citizen of Solomon Islands on Independence Day.
(b) Every person who was born in Solomon Islands before Independence Day and who has or had two grandparents who are or were members of a group, tribe or line indigenous to Papua New Guinea or the New Hebrides shall become a citizen of Solomon Islands on Independence Day.
(2)
Every person who before Independence Day has made, or been included in, an
application to the Government for citizenship of Solomon
Islands containing the
information specified in subsection (4) of this section and who at the time of
making such application possessed
any of the qualifications specified in
subsection (3) of this section shall become a citizen of Solomon Islands on
Independence Day.
(3) The
qualifications referred to in subsection (2) of this section and subsection (1)
of the next following section are that the
person concerned, not being an
indigenous Solomon Islander, is -
(a) a woman married to an indigenous Solomon Islander; or
(b) a citizen of the United Kingdom and Colonies or a British protected person who was born in Solomon Islands; or
(c) a citizen of the United Kingdom and Colonies or a British protected person having acquired such status under the British Nationality Acts 1948 to 1965(a) by virtue of his having been naturalised or registered under those Acts, or naturalised as a British subject before 1949, by the Governor of the former protectorate of the Solomon Islands; or
(a) 1948 c. 56; 1958 c. 10; 1964 c. 22; 1964 c. 54; 1965 c. 34.
(d) a citizen of the United Kingdom and Colonies or a British protected person whose father possesses, or at his death possessed, one of the qualifications specified in paragraph (b) or (c) or (d) of this subsection; or
(e) a woman who has been married to a person who possesses, or at his death possesses, one of the qualifications specified in paragraph (b), (c) or (d) of this section; or
(f) a citizen of the United Kingdom and Colonies or a British protected person who was deemed to belong to Solomon Islands because such person -
(i) has lawfully resided in Solomon Islands for any period of seven years during which he has not been absent therefrom for a period or periods amounting in all to more than eighteen months and since the completion of such period of residence has not been ordinarily resident continuously for a period of two years or more in any other territory within the Commonwealth in circumstances in which he has acquired or retained a right of residence in that territory; or
(ii) is the wife of a person to whom the foregoing subparagraph applies not living apart from such person under a decree of a court or a deed of separation; or
(iii) is the Child, step-child or child adopted in a manner recognised by law under the age of eighteen years of a person to whom either of the foregoing subparagraphs applies.
(4)
The information required to be contained in an application for the purposes of
this section and the next following section is
as follows -
(a) the name, date and place of birth (so far as is known) of the applicant, of any other person included in the application or of a minor on whose behalf the application is made, together with, where applicable, the date of naturalisation or registration;
(b) a statement by the applicant whether or not he is including in his application his wife and minor children, if any, and in the case of an application including a wife, a statement by her that she consents to her inclusion in the application;
(c) if the applicant is applying on grounds that his father was born, naturalised or registration in Solomon Islands, also the father's name, place and date of birth (so far as is known) and, if relevant, the date of the father's naturalisation or registration;
(d) if the application is made by or on behalf of a woman on grounds of marriage to a man who, or whose father, was born, naturalised or registered in Solomon Islands, also the name, place and date of birth (so far as is known) and, if relevant, the date of naturalisation or registration of the man and, if necessary, his father;
(e) a statement by the applicant that, if he is resident in Solomon Islands at the time of making application, he intends to continue such residence, or that, if he is not so resident at that time, he regards Solomon Islands as his home country;
(f) a declaration by the applicant of his allegiance to Solomon Islands and his respect for the culture, the language and the way of life of Solomon Islands; and
(g) a statement by the applicant that he intends to renounce any other nationality that he may hold at the time of making application.
(5)
The reference in paragraph
(c)
of subsection (3) of this section to the Governor of the former protectorate of
the Solomon Islands shall, in relation to any certificate
of naturalisation
granted or registration effected by some other officer in his capacity as the
officer for the time being administering
the Government of the former
protectorate of the Solomon Islands, be construed as a reference to that
officer.
(6) Every person who
becomes a citizen of Solomon Islands on Independence Day by virtue of subsection
(2) of this section shall receive
a certificate of his acquisition of such
citizenship as soon as practicable after Independence
Day.
Persons
entitled to be registered as citizens after Independence
Day
21.-(1)
Every person who immediately before the Independence Day possessed any of the
qualifications specified in subsection (3) of the
preceding section and who
within the prescribed period has made, or been included in, an application to
the Government for citizenship
of Solomon Islands continuing the information
specified in subsection (4) of the preceding section shall be registered as a
citizen
of Solomon Islands.
(2)
For the purpose of subsection (1) of this section, "the prescribed period" means
the period beginning on the Independence Day
and expiring two years
thereafter:
Provided that the
Minister responsible for citizenship matters may extend that period in respect
of such applications or classes of
application where the applicant was, by
reason of his absence from Solomon Islands or other reasonable cause, unaware of
his right
to apply, as he may think
fit.
Persons
born on or after Independence
Day
22.
Every person born on or after Independence Day, whether within or outside
Solomon Islands, shall become a citizen of Solomon Islands
at the date of his
birth if at that date either of his parents is, or would but for his death have
been, a citizen of Solomon
Islands.
Avoidance
of dual
nationality
23.-(1)
Subject to the provisions of subsection (2) of this section, any citizen of
Solomon Islands who is a national of some other country
shall cease to be a
citizen of Solomon Islands at the expiry of two years after the date on which he
acquired citizenship of Solomon
Islands or attained the age of eighteen years,
whichever is the later, or such longer period as may be prescribed by
Parliament,
unless before the expiry of that period he has renounced or lost the
nationality of that other country or, if the law of that other
country does not
permit him to renounce that nationality, made such declaration as may be
prescribed.
(2) Any person who,
being aged eighteen years or more, acquired citizenship of Solomon Islands by
virtue of section 20(2) or 21 of
this Constitution and who is a national of some
other country shall cease to be a citizen of Solomon Islands at the expiry of
six
months after the date on which he acquired citizenship of Solomon Islands or
such longer period as may be prescribed by Parliament,
unless before the expiry
of that period he has renounced or lost the nationality of that other country
or, if the law of that other
country does not permit him to renounce that
nationality, made such declaration as may be
prescribed.
Commonwealth
citizens
24.-(1)
Every person who under this Chapter or any other law is a citizen of Solomon
Islands or under any enactment for the time being
in force in any country to
which this section applies is a citizen of that country shall, by virtue of that
citizenship, have the
status of a Commonwealth
citizen.
(2) Every person who is a
British subject without citizenship under the British Nationality Act 1948, who
continues to be a British
subject under section 2 of that Act or is a British
subject under the British Nationality Act 1965 shall, by virtue of that status,
have the status of a Commonwealth
citizen.
(3) Save as may be
otherwise provided by parliament, the countries to which this section applies
are Australia, The Bahamas, Bangladesh,
Barbados, Botswana, Canada, Cyprus,
Fiji, The Gambia, Ghana, Grenada, Guyana, India, Jamaica, Kenya, Lesotho,
Malawi, Malaysia, Malta,
Mauritius, Nauru, New Zealand, Nigeria, Papua New
Guinea, Seychelles, Sierra Leone, Singapore, Southern Rhodesia, Sri Lanka,
Swaziland,
Tanzania, Tonga, Trinidad and Tobago, Uganda, The United Kingdom and
Colonies, Western Samoa and
Zambia.
Powers
of
Parliament
25.
Parliament may make provision -
(a) for the acquisition of citizenship of Solomon Islands by persons who are not eligible or who are no longer eligible to become citizens of Solomon Islands by virtue of the provisions of this Chapter;
(b) for the deprivation and renunciation of citizenship of Solomon Islands held by any person who has attained the age of eighteen years.
Interpretation
26.-(1)
In this Chapter -
"British protected person" means a person who is a British protected person for the purposes of the British Nationality Act 1948;
"indigenous Solomon Islander" means any person who is or one of whose parents is or was, a British protected person and of a group, tribe or line indigenous to Solomon Islands:
(2)
Any reference in this Chapter to the father of a person shall, in relation to a
person born out of wedlock, be construed as a
reference to the mother of that
person.
(3) For the purposes of
this Chapter, a person born aboard a registered ship or aircraft, or aboard an
unregistered ship or aircraft
of the government of any country, shall be deemed
to have been born in the place in which the ship or aircraft was registered or,
as the case may be, in that
country.
(4) For the purposes of
this Chapter, an application shall be deemed to have been made on the date on
which it is lodged with the
Government or with any person who has been appointed
by the government to receive applications.
CHAPTER IV
THE GOVERNOR-GENERAL
Establishment
of office of
Governor-General
27.-(1)
There shall be a Governor-General of Solomon Islands who shall be appointed by
the Head of State in accordance with an address
from Parliament and who shall be
the representative of the Head of State in Solomon
Islands.
(2) A person shall not be
qualified for appointment to the office of Governor-General unless he is
qualified for election as a member
of Parliament under Chapter VI of this
Constitution.
(3) The office of
Governor-General shall become vacant -
(a) at the expiration of five years from the date of his appointment; or
(b) if he is removed from office by the Head of State, in accordance with an address from Parliament supported by the votes of at least two-thirds of all the members thereof, for misbehaviour or for such other cause as may be prescribed by Parliament.
(4)
No person may be appointed as Governor-General for more than two terms of
office.
Acting
Governor-General
28.
Whenever the office of Governor-General is vacant or the holder of the office is
absent from Solomon Islands or is for any other
reason unable to perform the
functions of his office, those functions shall be performed by the Speaker or,
if the office of Speaker
is vacant or the holder of that office is likewise
absent or unable to perform those functions, by the Chief
Justice.
Oaths
to be taken by
Governor-General
29.-(1)
A person appointed to the office of Governor-General or assuming the functions
of that office under the preceding section shall,
before entering upon the
duties of that office, take and subscribe the oath of allegiance and the oath of
office as prescribed in
Schedule 1 to this Constitution, such oaths being
administered by the Chief Justice or such other Judge of the High Court or the
Court of Appeal as may be designated by the Chief Justice.
CHAPTER V
THE EXECUTIVE
Executive
authority of Solomon
Islands
30.-(1)
The executive authority of the people of Solomon Islands is vested in the Head
of State.
(2) Save as otherwise
provided in this constitution, that authority may be exercised on behalf of the
Head of State by the Governor-General
either directly or through officers
subordinate to him.
(3) Nothing in
this section shall preclude persons or authorities other than the
Governor-General from exercising such functions as
may be conferred upon them by
any
law.
Exercise
of Governor-General's
functions
31.-(1)
In the exercise of his functions under this constitution or any other law, the
Governor-General shall act in accordance with
the advice of the Cabinet or of a
Minister acting under the general authority of the Cabinet except in cases where
he is required
by this Constitution to act in accordance with the advice of, or
after consultation with, any person or authority other than the
Cabinet or in
his own deliberate judgment.
(2)
Where the Governor-General is required by this Constitution to exercise any
function after consultation with any person or authority
other than the Cabinet,
he shall not be obliged to exercise that function in accordance with the advice
of that person or authority.
(3)
Where the Governor-General is required by this Constitution to act in accordance
with the advice of, or after consultation with,
any person or authority, the
question whether he has in any matter so acted shall not be called in question
in any court of
law.
Governor-General
to be kept
informed
32.
The Prime Minister shall keep the Governor-General fully informed concerning the
general conduct of the government of Solomon Islands
and shall furnish the
Governor-General with such information as he may request with respect to any
particular matter relating to
the government of Solomon
Islands.
Ministers
33.-(1)
There shall be a Prime Minister who shall be elected as such by the members of
Parliament from amongst their number in accordance
with the provisions of
Schedule 2 to this
Constitution.
(2) There shall be,
in addition to the office of Prime Minister, such other offices of Minister of
the Government, not exceeding eleven
or such greater number as Parliament may
prescribe, as may be established by the Governor General, acting in accordance
with the
advice of the Prime
Minister.
Provided that one of
such offices of Minister of the Government shall be that of Deputy Prime
Minister.
(3) The Ministers other
than the Prime Minister shall be appointed by the Governor-General, acting in
accordance with the advice of
the Prime Minister, from among the members of
Parliament:
Provided that if
occasion arises for making an appointment while Parliament is dissolved a person
who was a member of Parliament immediately
before the dissolution may be
appointed.
Tenure
of office of
Ministers
34.-(1)
If a resolution of no confidence in the Prime Minister is passed by Parliament
by an absolute majority of the votes of members
thereof the Governor-General
shall remove the Prime Minister from office, whereupon the members of Parliament
shall meet as soon
as possible during the same session of Parliament to elect a
new Prime Minister in accordance with the provisions of Schedule 2 to
this
Constitution.
(2) A motion for a
resolution of no confidence in the Prime Minister shall not be passed by
Parliament unless notice of the motion
has been given to the Speaker at least
seven clear days before it is
introduced.
(3) The office of
Prime Minister shall also become vacant -
(a) when, after a general election, the members of Parliament meet to elect a Prime Minister in accordance with the provisions of Schedule 2 to this Constitution;
(b) if he ceases to be a member of Parliament for any reason other than a dissolution of Parliament;
(c) if he is elected as a Speaker or Deputy Speaker; or
(d) if he resigns such office by writing under his hand addressed to the Governor-General.
(4)
Subject to the next following subsection, during any period when the office of
Prime Minister is vacant, the person who held that
office immediately before the
vacancy arose shall continue to perform the functions of Prime Minister until a
person is elected to
the office of Prime Minister in accordance with the
provisions of Schedule 2 to this
Constitution.
(5) If the person
holding the office of Prime Minister dies, the Governor-General shall, after
consultation with the other Ministers,
appoint one of them to perform the
functions of Prime Minister until a person is elected to the office of Prime
Minister in accordance
with the provisions of Schedule 2 to this
Constitution.
(6) The office of a
Minister other than the Prime Minister shall become vacant -
(a) upon the election of any person to the office of Prime Minister in accordance with the provisions of Schedule 2 to this Constitution;
(b) if he ceases to be a member of Parliament for any reason other than a dissolution of Parliament;
(c) if he is elected as Speaker or Deputy Speaker;
(d) if he resigns such office by writing under his hand addressed to the Governor-General; or
(e) if his appointment to the office of a Minister is revoked by the Governor-General, acting in accordance with the advice of the Prime Minister.
The
Cabinet
35.-(1)
There shall be a Cabinet for Solomon Islands, consisting of the Prime Minister
and the other Ministers.
(2) The
functions of the Cabinet shall be to advise the Governor-General in the
government of Solomon Islands and the Cabinet shall
be collectively responsible
to Parliament for any advice given to the Governor-General by or under the
general authority of the Cabinet
and for all things done by or under the
authority of any Minister in the execution of his
office.
(3) The provisions of the
preceding subsection shall not apply in relation to -
(a) the appointment and removal from office of Ministers, the assigning of responsibility to any Minister under section 37 of this constitution, or the authorisation of another Minister to perform the functions of the Prime Minister during illness or absence; or
(b) the matters referred to in section 45 of this Constitution (which relate to the Prerogative of Mercy).
(4)
The Attorney-General shall be the legal adviser to the Cabinet and as such shall
attend the meetings of the Cabinet unless otherwise
directed by the
Cabinet.
Proceedings
in
Cabinet
36.-(1)
The Cabinet shall be summoned by the
Prime Minister.
(2) The Prime
Minister shall, so far as is practicable, attend and preside at all meetings of
the Cabinet.
(3) No business
except that of adjournment shall be transacted in the Cabinet if objection is
taken by any member present that there
are present less than a majority of the
members for the time being of the
Cabinet.
(4) Subject to the
preceding subsection, the Cabinet shall not be disqualified for the transaction
of business by reason of any vacancy
in its membership, and any proceedings of
the Cabinet shall be valid notwithstanding that some person who was not entitled
to do
so took part in those
proceedings.
(5) The Prime
Minister shall decide what business shall be considered at any meeting of the
Cabinet.
(6) The person presiding
in the Cabinet may summon any person to a meeting of the Cabinet,
notwithstanding that that person is not
a member of the Cabinet, when in the
opinion of the person presiding the business of the Cabinet makes the presence
of that person
desirable:
Provided
that a person shall not be under any obligation to answer any question put to
him by any member of the Cabinet at such
meeting.
Assignment
of responsibilities to
Ministers
37.
The Governor-General, acting in accordance with the advice of the Prime
Minister, may, by directions in writing, assign to the Prime
Minister or any
other Minister responsibility for the conduct (subject to the provisions of this
Constitution and any other law)
of any business of the Government, including
responsibility for the administration of any department of the
Government.
Performance
of Prime Minister's functions during illness of
absence
38.-(1)
Whenever the Prime Minister is unable, by reason of illness or absence from
Solomon Islands, to perform the functions conferred
on him by this Constitution,
those functions shall be performed by the Deputy Prime Minister or, if he too is
unable to do so, the
Governor-General may, by directions in writing, authorise
some other Minister to perform those functions (other than the functions
conferred by this section) and that Minister may perform those functions until
his authority is revoked by the
Governor-General.
(2) The powers
of the Governor-General under this section shall be exercised by him in
accordance with the advice of the Prime
Minister:
Provided that if the
Governor-General, acting in his own deliberate judgement, considers that is
impracticable to obtain the advice
of the Prime Minister owing to the Prime
Minster's illness or absence, the Governor-General may exercise those powers
without that
advice and in his own deliberate
judgement.
Oaths
to be taken by members of
Cabinet
39.
Before assuming the functions of his office every member of the Cabinet shall
make before the Governor-General, or some person authorised
in that behalf by
the Governor-General, oaths of allegiance and for the due execution of his
office in the forms set out in the Schedule
1 to this
Constitution.
Directions,
etc. of Government
departments
40.
Where any Minister has been charged with responsibility for the administration
of any department of the Government, he shall exercise
general direction and
control over that department and, subject to such direction and control, any
department in the charge of a
Minister (including the office of the Prime
Minister or any other Minister) shall be under the supervision of a Permanent
Secretary
or some other supervising officer whose office shall be a public
office:
Provided that
-
(a) any such department may be under the joint supervision of two or more supervising officers; and
(b) different parts of any such department may respectively be under the supervision of different supervising officers.
Secretary
to
Cabinet
41.-(1)
There shall be a Secretary to the Cabinet whose office shall be that of a
Permanent Secretary.
(2) The
Secretary to the Cabinet shall have charge of the office of the Cabinet and
shall be responsible, in accordance with such
instructions as may be given to
him by the Prime Minister, for arranging the business for, and keeping the
minutes of, the meetings
of the Cabinet and for conveying the decisions of the
Cabinet to the appropriate person or authority, and shall have such other
functions
as the Prime Minister may from time to time
direct.
Attorney-General
42.-(1)
There shall be an Attorney-General whose office shall be a public office and who
shall be the principal legal adviser to the
Government.
(2) The
Attorney-General shall be appointed by the Judicial and Legal Service Commission
acting in accordance with the advice of the
Prime
Minister.
(3) No person shall be
qualified to hold the office of Attorney-General unless he is entitled practise
in Solomon Islands as an advocate
or as a barrister and
solicitor.
(4) If the Minister
responsible for justice is not a person entitles to practise in Solomon Islands
as an advocate or as a barrister
and solicitor, the person holding the office of
Attorney-General shall be entitled to take part in the proceedings of Parliament
as adviser to the
Government:
Provided that he shall
not be entitled to vote in Parliament or in any election for the office of Prime
Minister.
Commissioner
of
Police
43.-(1)
There shall be a Commissioner of Police, whose office shall be a public
office.
(2) The Commissioner of
Police shall be appointed by the Governor-General, acting in accordance with the
advice of the Prime Minister
tendered after the Prime Minister has consulted the
Police and Prisons Service
Commission.
(3) The Police Force
shall be under the command of the Commissioner of
Police.
(4) The Prime Minister, or
such other Minister as may be authorised in that behalf by the Prime Minister,
may give to the Commissioner
of Police such general directions of policy with
regard to the maintenance of public safety and public order as he may consider
necessary
and the Commissioner shall comply with such directions or cause them
to be complied with.
(5) Nothing
in this section shall be construed as precluding the assignment to a Minister of
responsibility under section 37 of this
Constitution for the organisation,
maintenance and administration of the Police Force, but the Commissioner of
Police shall be responsible
for determining the use and controlling the
operations of the Force and, except as provided in the preceding subsection, the
Commissioner
shall not, in the exercise of his responsibilities and powers with
respect to the use and operational control of the Force, be subject
to the
direction or control of any person or
authority.
Constitution
of
offices
44.
Subject to the provisions of this Constitution and of any other law, the
Governor-General, acting on the advice of the Prime Minister,
may constitute
offices for Solomon Islands, make appointments to any such office and terminate
any such
appointment.
Prerogative
of
Mercy
45.-(1)
The Governor-General may, in the name and on behalf of the Head of State
-
(a) grant to any person convicted of any offence under the law of Solomon Islands a pardon, either free or subject to lawful conditions;
(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for such an offence;
(c) substitute a less severe form of punishment for any punishment imposed on any person for such an offence; or
(d) remit the whole or any part of any punishment imposed on any person for such an offence or any penalty or forfeiture otherwise due to the Crown on account of such an offence.
(2)
There shall be a Committee on the Prerogative of Mercy (in this section referred
to as "the Committee") which shall consist of
the following members
-
(a) a Chairman and two other persons, one of whom shall be a qualified medical practitioner and the other of whom shall be a social worker, appointed by the Governor-General in his own deliberate judgment; and
(b) one person nominated -
(i) by the Honiara city council, if the person whose case is being reviewed ordinarily resides in Honiara city;
(ii) by the provincial assembly of a province, if such a person ordinarily resides in that province.
1 of 1983, Sch.
(3) The Honiara city
council and the provincial assembly of every province shall as soon as they are
respectively elected nominate
a person for the purposes of subsection
(2)(b)
of this section for such period as they deem appropriate.
1 of 1983, Sch.
(4) A member of the
Committee appointed under subsection
(2)(a)
of this section shall vacate his seat on the Committee -
(a) at the expiration of the term of his appointment (if any) specified in the instrument of his appointment; or
(b) if his appointment is revoked by the Governor-General, acting in his own deliberate judgment.
(5)
In the exercise of the powers conferred upon him by subsection (1) of this
section, the Governor-General shall act in accordance
with the advice of the
Committee.
(6) The validity of the
transaction of any business by the Committee shall not be affected by reason
only of the fact that some person
who was not entitled to do so took part in the
proceedings.
(7) Whenever any
person has been sentenced to death (otherwise than by a court-martial) for an
offence, a report on the case by the
judge who presided at the trial (or, if a
report cannot be obtained from that judge, a report on the case by the Chief
Justice),
together with such other information derived from the record of the
case or elsewhere as may be required by or furnished to the Committee
shall be
taken into consideration at a meeting of the Committee, which shall then advise
the Governor-General whether or not to exercise
his powers under subsection (1)
of this section in that case.
CHAPTER VI
THE NATIONAL LEGISLATURE
Part I - Parliament
Establishment
of
Parliament
46.
There shall be a national legislature for Solomon Islands, which shall consist
of a single chamber and shall be known as the National
Parliament of Solomon
Islands.
Composition
of
Parliament
47.-(1)
Parliament shall consist of persons elected in accordance with the provisions of
this Constitution and, subject thereto, in such
manner as may be
prescribed.
(2) Each of the
constituencies prescribed under section 54(1) of this Constitution shall return
one member of
Parliament.
Qualification
for
membership
48.
Subject to the provisions of the next following section, a person shall be
qualified for election as a member of Parliament if, and
shall not be so
qualified unless -
(a) he is a citizen of Solomon Islands; and
(b) he has attained the age of twenty-one years.
Disqualifications
from
membership
49.-(1)
No person shall be qualified for election as a member of Parliament who
-
(a) is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state;
(b) holds, or is acting in, any public office;
(c) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law for the time being in force in any part of the Commonwealth;
(d) is certified to be insane or otherwise adjudged to be of unsound mind under any law for the time being in force in Solomon Islands;
(e) is under sentence of death imposed on him by a court in any part of the world, or is under a sentence of imprisonment (by whatever name called) for a term of, or exceeding, six months, other than a sentence in lieu of a fine, but including a suspended sentence, imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court;
(f) is disqualified from membership of Parliament or from registration as an elector or from voting at elections under any law for the time being in force in Solomon Islands relating to offences connected with elections; or
(g) holds, or is acting in, any office the functions of which involve any responsibility for, or in connection with, the conduct of any election to Parliament or the compilation or revision of any electoral register for that purpose.
(2)
For the purpose of paragraph
(e)
of the preceding subsection two or more terms of imprisonment that are required
to be served consecutively shall be regarded as a
single term of imprisonment
for the aggregate period of those
terms.
Vacation
of seats by
members
50.
A member of Parliament shall vacate his seat -
(a) on a dissolution of Parliament;
(b) if he resigns his seat by writing under his hand addressed to the Speaker;
(c) if he is elected as Speaker;
(d) if he is appointed as Governor-General;
(e) if he is absent from two consecutive meetings of Parliament without having obtained from the person presiding, before the termination of either meeting, permission to be or to remain absent therefrom unless, in the opinion of the Speaker (or, if the office of Speaker is vacant or he is for any reason unable to perform the functions of his office, the Deputy Speaker), such absence was due to causes beyond the member's control;
(f) if any circumstance arises that, if he were not a member of Parliament, would cause him to be disqualified from election thereto by virtue of paragraph (a), (b), (d), (f) or (g) of subsection (1) of the preceding section; or
(g) in the circumstances mentioned in the next following section.
Vacation
of seat on sentence,
etc.
51.-(1)
Subject to the provisions of this section, if a member of Parliament is
sentenced by a court in any part of the world to death
or to imprisonment (by
whatever name called) for a term of, or exceeding, six months, including a
suspended sentence, he shall forthwith
cease to perform his functions as a
member of Parliament, and his seat in Parliament shall become vacant at the
expiration of a period
of thirty days
thereafter:
Provided that the
Speaker (or, if the office of Speaker is vacant or he is for any reason unable
to perform the functions of his office,
the Deputy Speaker) may, at the request
of the member, from time to time extend that period for thirty days to enable
the member
to pursue any appeal in respect of his conviction or sentence so
however that extensions of time exceeding in the aggregate one hundred
and fifty
days shall not be given without the approval of Parliament signified by
resolution.
(2) If at any time
before the member vacates his seat he is granted a free pardon or his conviction
is set aside or his sentence is
reduced to a term of imprisonment of less than
six months or a punishment other than imprisonment is substituted, his seat in
Parliament
shall not become vacant under the provisions of this section, and he
may again perform his functions as a member of
Parliament.
(3) For the purposes
of this section -
(a) two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms; and
(b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.
Determination
of questions as to
membership
52.-(1)
The High Court shall have jurisdiction to hear and determine any question
whether -
(a) any person has been validly elected as a member of Parliament; or
(b) any member of Parliament has vacated his seat therein or is required by virtue of section 51 of this Constitution to cease to perform his functions as a member.
(2)
No appeal shall lie from any decision of the High Court in proceedings under the
preceding
subsection.
Constituency
Boundaries
Commission
53.-(1)
There shall be a Constituency Boundaries Commission consisting of
-
(a) a Chairman and two other members (in this section referred to as "the appointed members") appointed by the Governor-General, acting in accordance with the advice of the Judicial and Legal Service Commission; and
(b) the persons for the time being holding the offices of Surveyor-General and Head of the Government's Statistical Services, who shall be members of the Commission ex officio.
(2)
A person shall not be qualified to be an appointed member of the Commission if
he is a member of, or a candidate for election
to, Parliament or any provincial
assembly.
(3) Subject to the
provisions of the next following subsection, an appointed member of the
Commission shall vacate his office -
(a) at the expiration of the period specified in the instrument by which he was appointed; or
(b) if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified from appointment as such.
(4)
The provisions of section 126 of this Constitution shall apply to an appointed
member of the Constituency Boundaries Commission
as they apply to a member of
the Public Service Commission except that subsection (7) shall apply as if for
the words "in accordance
with the advice of the Prime Minister" there were
substituted the words "in accordance with the advice of the Judicial and Legal
Service
Commission".
Constituencies
54.-(1)
For the purpose of the election of members of Parliament, Solomon Islands shall
be divided into such number of constituencies,
being not less than thirty and
not more than fifty, and each constituency shall have such boundaries, as may be
prescribed by Parliament
by resolution on a recommendation of the Constituency
Boundaries Commission in accordance with subsection (4) of this
section.
(2) The Constituency
Boundaries Commission shall make recommendations to Parliament with respect to
the number and boundaries of constituencies
as soon as practicable after the
commencement of this Constitution; and thereafter the Commission may review the
number and boundaries
of the constituencies whenever they consider this to be
desirable and shall do so not later than ten years after they last reviewed
them, and may make recommendations to Parliament for alterations in the number
and boundaries of the
constituencies.
(3) In making
recommendations under the preceding subsection, the Constituency Boundaries
Commission shall have regard to the principle
that the number of inhabitants of
each constituency shall be as nearly equal as is reasonably
practicable:
Provided that the
Commission may depart from the foregoing principle to such extent as they
consider expedient in order to take account
of the distribution of the
population, the means of communication, and ethnic
affiliations.
(4) Parliament may,
by resolution, approve or reject the recommendations of the Constituency
Boundaries Commission but may not vary
them; and, if so approved, the
recommendations shall have effect as from the next dissolution of
Parliament.
Qualifications
and disqualifications for registration as an
elector
55.-(1)
Subject to the provisions of this section, a person shall be entitled to be
registered as an elector if, and shall not be so
entitled unless
-
(a) he is a citizen of Solomon Islands; and
(b) he has attained the age of eighteen years.
(2)
No person shall be entitled to be registered as an elector -
(a) in more than one constituency; or
(b) in any constituency in which he is not ordinarily resident.
(3)
No person shall be entitled to be registered as an elector who -
(a) is under sentence of death imposed on him by a court in any part of the world, or is under a sentence of imprisonment (by whatever name called) for a term of, or exceeding, six months, other than a sentence in lieu of a fine, but including a suspended sentence, imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court;
(b) is certified to be insane or otherwise adjudged to be of unsound mind under any law for the time being in force in Solomon Islands; or
(c) is disqualified from registration as an elector or from voting at elections under any law for the time being in force in Solomon Islands relating to offences connected with elections.
(4)
For the purposes of paragraph
(a)
of the preceding subsection two or more terms of imprisonment that are required
to be served consecutively shall be regarded as a
single term of imprisonment
for the aggregate period of those
terms.
Right to
vote at
elections
56.-(1)
Any person who is registered as an elector in any constituency shall be entitled
to vote in such manner as may be prescribed
at any election for that
constituency unless -
(a) on the date appointed for polling he is under such sentence of death or serving such sentence of imprisonment as is referred to in paragraph (a) of section 55(3) of this Constitution or (except in so far as may be otherwise prescribed) he is for any other reason unable to attend in person at the place and time appointed for polling; or
(b) he is prohibited from so voting by any law in force in Solomon Islands because he holds or is acting in any office the functions of which involve any responsibility for, or in connection with, the conduct of that election or because he has been convicted of any offence connected with elections.
(2)
No person shall vote at any election for any constituency who is not registered
as an elector in that
constituency.
Electoral
Commission
57.-(1)
There shall be an Electoral Commission consisting of -
(a) the Speaker, who shall be Chairman of the Commission; and
(b) two other members (in this section referred to as "the appointed members") appointed by the Governor-General, acting in accordance with the advice of the Judicial and Legal Service Commission.
(2)
A person shall not be qualified to be an appointed member of the Commission if
he is a member of, or a candidate for election
to, Parliament or the Honiara
city council or any provincial assembly.
1 of 1983, Sched.
(3) Subject to the
provisions of the next following subsection, an appointed member of the
Commission shall vacate his office -
(a) at the expiration of the period specified in the instrument by which he was appointed; or
(b) if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified from appointment as such.
(4)
The provisions of section 126 of this Constitution shall apply to an appointed
member of the Electoral Commission as they apply
to a member of the Public
Service Commission except that subsection (7) shall apply as if for the words
"in accordance with the advice
of the Prime Minister" there were substituted the
words "in accordance with the advice of the Judicial and Legal Service
Commission".
Functions
of Electoral
Commission
58.-(1)
The Electoral Commission shall have general responsibility for, and shall
supervise, the registration of electors for the election
of members of
Parliament and the conduct of elections of such members and the Commission shall
have such powers and other functions
relating to such registration and such
elections as may be
prescribed.
(2) Every proposed
Bill and every proposed regulation or other instrument having the force of law
relating to the registration of
electors for the election of members of
Parliament or to the election of such members shall be referred to the Electoral
Commission
at such time as shall give them sufficient opportunity to make
comments thereon before the Bill is introduced in Parliament or, as
the case may
be, the regulation or other instrument is
made.
(3) The Electoral Commission
may make such reports to the Governor-General concerning the matters under their
supervision, or any
draft Bill or instrument that is referred to them, as they
may think fit, and if the Commission so request in any such report other
than a
report on a draft Bill or instrument that report shall be laid before
Parliament.
Part II - Legislation and Procedure in Parliament
Power
to make
laws
59.-(1)
Subject to the provisions of this Constitution, Parliament may make laws for the
peace, order and good government of Solomon
Islands.
(2) The laws referred to
in this section shall take the form of Bills passed by Parliament; and when a
Bill has been passed by Parliament
it shall be presented to the Governor-General
who shall assent to it forthwith on behalf of the Head of State, and when such
assent
is given the Bill shall become
law.
(3) No law shall come into
operation until it has been published in the Gazette but Parliament may postpone
the coming into operation
of any such law and may make laws, subject to section
10(4) of this Constitution with retrospective
effect.
(4) All laws made by
Parliament shall be styled "Acts of Parliament" and the words of enactment shall
be "Enacted by the National
Parliament of Solomon
Islands".
Introduction
of Bills,
etc.
60.
Except on the recommendation of the Cabinet signified by a Minister, Parliament
shall not -
(a) proceed upon any Bill (including any amendment to a Bill) which, in the opinion of the person presiding, makes provision for imposing or increasing any tax, for imposing or increasing any charge on the Consolidated Fund or other funds of Solomon Islands, or for altering any such charge otherwise than by reducing it, or for compounding or remitting any debt due to Solomon Islands;
(b) proceed upon any motion (including any amendment to a motion) which would, in the opinion of the person presiding, if the motion were carried, require the introduction of such a Bill as is referred to in paragraph (a) to give effect to the motion; or
(c) receive any petition which, in the opinion of the person presiding, requests that provision be made for any of the purposes aforesaid.
Alteration
of
Constitution
61.-(1)
Subject to the provisions of this section, Parliament may alter this
Constitution.
(2) A Bill for an
Act of Parliament to alter any of the following provisions of this Constitution,
that is to say -
(a) this section;
(b) Chapters II, VII and IX;
(c) sections 46 to 58 (inclusive), and 108; and
(d) Chapter XIV to the extent that it relates to any of visions specified in the preceding paragraphs,
shall
not be passed by Parliament unless it is supported at the final voting on two
separate readings in Parliament by the votes of
not less than three-quarters of
all the members of Parliament.
(3)
A Bill for an Act of Parliament to alter any provision of this Constitution (but
which does not alter any of the provisions of
this Constitution as specified in
subsection (2) of this section) shall not be passed by Parliament unless it is
supported at the
final voting on two separate readings in Parliament by the
votes of not less than two-thirds of all the members of
Parliament.
(4) Without prejudice
to the provisions of subsections (2) and (3) of this section, a Bill for an Act
of Parliament under this section
shall not be passed by Parliament unless
-
(a) notice of the Bill has been given to the Speaker at least four weeks before the first reading of the Bill in Parliament; and
(b) the Bill is clearly expressed to be a Bill for an Act of Parliament to alter the Constitution.
(5)
In this section -
(a) references to this Constitution or to any particular provision thereof include references to any other law in so far as that law alters the Constitution or, as the case may be, that provision; and
(b) references to altering this Constitution or any particular provision thereof include references -
(i) to repealing it, with or without re-enactment thereof or the making of different provision in lieu thereof;
(ii) to modifying it, whether by omitting or amending any of its provisions or inserting additional provisions in it or otherwise;
(iii) to suspending its operation for any period, or terminating any such suspension; and
(iv) to making any other provision that is repugnant to or otherwise inconsistent with it.
Rules
of procedure of
Parliament
62.
Subject to the provisions of this Constitution, Parliament may from time to time
make, amend and revoke rules and orders for the
regulation and orderly conduct
of its proceedings and the despatch of business, and for the passing, intituling
and numbering of
Bills.
Oath of
allegiance
63.
No member of Parliament shall be permitted to take part in the proceedings of
Parliament (other than proceedings necessary for the
purpose of this section)
until he has made before parliament an oath of allegiance in the form set out in
Schedule 1 to this
Constitution.
The
Speaker and Deputy
Speaker
64.-(1)
Parliament shall at its first sitting after any general election elect
-
(a) from among persons who are qualified for election as a member of Parliament, a Speaker; and
(b) from among its members, a Deputy Speaker.
(2)
The office of the Speaker or the Deputy Speaker shall become vacant
-
(a) if he announces the resignation of his office to Parliament or if, by writing under his hand addressed to Parliament and received by the Clerk to the Legislature, he resigns that office;
(b) if Parliament passes a resolution supported by the votes of not less than two-thirds of all the members thereof requiring his removal;
(c) in the case of the Speaker -
(i) if any circumstances arise that would cause him to be disqualified from election as a member of Parliament; or
(ii) when Parliament first sits after a general election; or
(d) in the case of the Deputy Speaker -
(i) if he ceases to be a member of Parliament or if, under the provisions of section 51 of this Constitution, he is required to cease to perform his functions as a member of Parliament;
(ii) if he becomes a Minister;
(iii) if he is elected as Speaker; or
(iv) if he becomes a recognised leader in Parliament of any political party.
(3)
If the office of Speaker or Deputy Speaker becomes vacant Parliament shall,
unless it is sooner dissolved, elect a person qualified
under this section to
fill the vacancy at its next sitting after the occurrence of the vacancy or as
soon as practicable
thereafter.
(4) No business shall
be transacted in Parliament (other than the election of a Speaker) at any time
when the office of Speaker is
vacant.
(5) Save as otherwise
provided in this Constitution or any other law, the Speaker shall not hold any
other
office.
Presiding
in
Parliament
65.
The Speaker or in his absence the Deputy Speaker or in their absence a member of
Parliament (not being a Minister) elected by Parliament
for the sitting, shall
preside at any sitting of
Parliament:
Provided that at the
first sitting of Parliament after any general election, until a Speaker is
elected there shall preside the person
who last held office as Speaker or, in
his absence, the person who last held office as Deputy
Speaker.
Leaders
of opposition and independent groups in
Parliament
66.-(1)
If at any time it appears to the Governor-General, acting in accordance with the
advice of the Speaker, that the leader of an
opposition group, by reason of the
numerical strength of that opposition group or by reason of the support which he
receives from
the members of opposition groups generally, should be appointed as
Leader of the Official Opposition, the Governor-General shall
appoint him as
such leader.
(2) If at anytime it
appears to the Governor-General, acting in accordance with the advice of the
Speaker, that the leader of an independent
group, by reason of the numerical
strength of that independent group or by reason of the support which he receives
from the members
of independent groups generally, should be appointed as Leader
of the Independent Members, the Governor-General shall appoint him
as such
leader.
(3) If the
Governor-General, acting in accordance with the advice of the Speaker, considers
that the Leader of the Official Opposition
is no longer the person who, if the
office of Leader of the Official Opposition were vacant, would be appointed
thereto under subsection
(1) of this section, the Governor-General shall remove
the Leader of the Official Opposition from
office.
(4) If the
Governor-General, acting in accordance with the advice of the Speaker, considers
that the Leader of the Independent Members
is no longer the person who, if the
office of Leader of the Independent Members were vacant, would be appointed
thereto under subsection
(2) of this section, the Governor-General shall remove
the Leader of the Independent Members from
office.
(5) Before tendering
advice to the Governor-General under subsections (1) and (3) of this section,
the Speaker shall consult with
the leaders and members of the opposition groups
and such other persons as he deems appropriate, and before tendering advice
under
subsections (2) and (4) of this section, the Speaker shall consult with
the leaders and members of the independent groups and such
other persons as he
deems appropriate.
(6) If the
Leader of the Official Opposition or the Leader of the Independent Members
-
(a) is required under section 51 of this Constitution to cease to perform his functions as a member of Parliament;
(b) otherwise ceases to be such a member; or
(c) is elected as Deputy Speaker,
his
office shall become vacant.
(7)
For the purposes of this section -
"opposition group" means a group of members of Parliament in opposition to the Government, whose number includes a leader who commands their support;
"independent group" means a group of members of Parliament whose members are independent both of the Government and of any opposition group and whose number includes a leader who commands their support.
(8)
Parliament may by resolution supported by an absolute majority of the members
thereof prescribe the minimum number of members
of opposition or independent
groups there must be before the Leader of the Official Opposition or of the
Independent Members, as
the case may be, is appointed under this
section.
Quorum
67.
If objection is taken by any member of Parliament present that there are present
in Parliament (besides the person presiding) less
than half of all the members
thereof and, after such interval as may be prescribed in the rules of procedure
of Parliament, the person
presiding ascertains that the number of members
present is still less than half of all the members, he shall thereupon adjourn
Parliament.
Proceedings
in
Parliament
68.
Subject to the provisions of the preceding section, Parliament shall not be
disqualified from the transaction of business by reason
of any vacancy in its
membership, and any proceedings in Parliament shall be valid notwithstanding
that some person who was not entitled
to do so took part in those
proceedings.
Privileges
of Parliament and its
members
69.
Parliament may prescribe the privileges, immunities and powers of Parliament and
its
members.
Members
of Parliament (Entitlements)
Commission
1 of 1983, s.
2
69A.-(1)
There shall be a Members of Parliament (Entitlements) Commission consisting of
the Chairman and four other
members.
(2) The Chairman and two
of the members (in this section referred to as the "appointed members"), shall
be appointed by the Governor-General
on the advice of the Prime
Minister.
(3) The person for the
time being holding the office of the Minister of Finance, and the person for the
time being holding the office
of the Chairman, Public Accounts Committee
appointed under Standing Order 69 of the Standing Orders of the National
Parliament of
Solomon Islands, shall be the other two
members.
(4) A person shall not be
qualified to be appointed as the Chairman or an appointed member of the
Commission if he is a member of,
or a candidate for election to,
Parliament.
(5) The office of the
Chairman and an appointed member shall become vacant -
(a) at the expiration of such period not exceeding three years as may be specified in the instrument by which he was appointed; or
(b) on death, or by resignation in writing addressed to the Governor-General; or
(c) upon his removal, in relation to which the provisions of section 126 of this Constitution shall apply as they apply in relation to the removal of a member of the Public Service Commission.
(6)
The Chairman and the members shall be entitled to receive a daily allowance at
the rate from time to time prescribed by the Constitutional Offices (Terms and
Conditions of Service) Act in respect of the members of the Public Service
Commission.
Determination
of entitlements of Parliamentarians
1
of 1983, s.
2
69B.-(1)
Power to determine the entitlements of the parliamentarians and to amend them by
yearly review shall vest in the Members of Parliament
(Entitlements)
Commission.
(2) In the exercise of
their powers, the Members of Parliament (Entitlements) Commission shall
-
(a) consider such representations as they may receive from persons or body of persons, within such time as may be notified by them;
(b) have regard to such information as may be supplied to them by the Government, Parliament or any other organisation in relation to the following matters -
(i) the state of the national economy and the financial position of the Government;
(ii) movements in the level of the pay and other entitlements admissible to other persons in employment; and
(iii) changes in the retail price index and other relevant indicator showing the cost of maintaining the standard of living that Parliamentarians might reasonably be expected to enjoy.
(c) make regulations and having made them, amend those regulations, in accordance with section 137 of this Constitution, providing for the following matters -
(i) the scales of salaries and other entitlements payable to Parliamentarians;
(ii) the terms, conditions and manner of payment of such salaries and entitlements and of loans and advances on such salaries;
(iii) exemptions of such salaries and entitlements from taxes and other liabilities;
(iv) such other matters, including matters specified in subsection (3) of this section as may facilitate the discharge of their functions as Parliamentarians.
(3)
In making or amending the regulations, the Members of Parliament (Entitlements)
Commission shall -
(a) consider, in relation to Parliamentarians and their families the following matters, namely, accommodation during sittings of Parliament, housing, medical treatment, internal transport, external transport, travelling imprest, death and retirement benefits, appointment and terminal grants, advances and loans, additional payment for service in committees of Parliament, insurance and such other matter as may facilitate the discharge of their functions as Parliamentarians;
(b) secure that the salaries and other entitlements of Parliamentarians increase at no less a rate than the rate of increase, if any, of salaries and entitlements (taken as a whole) of the public officers.
(4)
Every regulation made or amended under this section -
(a) shall come into force on 1st April -
(i) of the year in which it is made, if it is made on that day; or
(ii) of the year next following the date on which it is made, if it is made on any other date:
Provided that the Members of Parliament (Entitlements) Commission may, in order to comply with the requirement of subsection (3)(b) of this section, enforce any such regulation from such other date prospectively or retrospectively, as they may specify in that regulation; and
(b) shall, during the period such regulation is in force, have effect as if it were a provision of this Constitution.
Admissibility
of entitlements to be in accordance with the
regulations
1 of 1983,
s.2
69C.
(1) Upon the commencement of the regulations made or amended under section 69B
of this Constitution, no entitlement and no exemption
of an entitlement from any
tax or other liability shall be admissible to any Parliamentarian except in
accordance with those
regulations.
(2) In this section
and in sections 69A and 69B of this Constitution -
(a) "entitlements" include salaries, allowances and such other benefits, services or facilities, whether in cash or otherwise, as the Members of Parliament (Entitlements) Commission may consider it necessary to be provided to the Parliamentarians to enable them to maintain the dignity of their office; and
(b) "Parliamentarian" means the Prime Minister, Ministers, the Leader of the Opposition, the Leader of the Independent Group, the Deputy Speaker and all other members of Parliament, whether or not, Parliament is in session or in sitting;
(c) "year" means a period of twelve months commencing on 1st April, and ending with 31st March next following.
Proceedings
of Parliament to be held in
public
70.
The proceedings of Parliament shall be held in public except in so far as its
rules of procedure otherwise
provide.
Voting
71.-(1)
Subject to the provisions of this Constitution, all questions proposed for
decision in Parliament shall be determined by a majority
of the votes of the
members present and voting.
(2) If
the person presiding is -
(a) the Speaker, he shall have neither an original nor a casting vote;
(b) the Deputy Speaker or a member elected by Parliament for the sitting under section 65 of this Constitution, he shall not have an original vote but shall have and shall exercise a casting vote if on any question the votes are equally divided.
(3)
Subject to the provisions of subsection
(2)(b)
of this section, if upon any question the votes are equally divided the motion
shall be declared
lost.
Sessions
of
Parliament
72.-(1)
Subject to the provisions of this section, each session of Parliament shall be
held at such place within Solomon Islands and
shall commence at such time as the
Governor-General may appoint by proclamation published in the
Gazette.
(2) Sessions of
Parliament shall be held so that a period of twelve months does not intervene
between the end of one session and the
first sitting of Parliament in the next
session.
Prorogation
and
dissolution
73.-(1)
If at any time Parliament decides by resolution supported by the votes of an
absolute majority of the members of Parliament that
Parliament should be
prorogued or dissolved, the Governor-General shall forthwith prorogue or, as the
case may be, dissolve Parliament
by proclamation published in the
Gazette.
(2) A motion for a
resolution under the preceding subsection shall not be passed by Parliament
unless notice of the motion has been
given to the Speaker at least seven clear
days before it is introduced.
(3)
Parliament, unless sooner dissolved under subsection (1) of this section, shall
continue for four years from the date of the first
sitting of Parliament after
any general election and shall then stand
dissolved.
General
elections
74.
There shall be a general election at such time within four months of every
dissolution of Parliament as the Governor-General shall
appoint by proclamation
published in the Gazette.
CHAPTER VII
THE LEGAL SYSTEM
Part I - The Application of Laws
Application
of
laws
75.-(1)
Parliament shall make provision for the application of laws, including customary
laws.
(2) In making provision
under this section, Parliament shall have particular regard to the customs,
values and aspirations of the
people of Solomon
Islands.
Common
law and customary law,
etc.
76.
Until Parliament makes other provision under the preceding section, the
provisions of Schedule 3 to this Constitution shall have
effect for the purpose
of determining the operation in Solomon Islands -
(a) of certain Acts of the Parliament of the United Kingdom mentioned therein;
(b) of the principles and rules of the common law and equity;
(c) of customary law; and
(d) of the legal doctrine of judicial precedent.
Part II - The Judiciary
(a) The High Court
Establishment
of High
Court
77.-(1)
There shall be a High Court for Solomon Islands which shall have unlimited
original jurisdiction to hear and determine any civil
or criminal proceedings
under any law and such other jurisdiction and powers as may be conferred on it
by this Constitution or by
Parliament.
(2) The judges of the
High Court shall be the Chief Justice and such number of puisne judges, if any,
as may be prescribed by
Parliament:
Provided that the
office of a judge shall not be abolished while any person is holding that office
unless he consents to its
abolition.
Appointment
of judges of High
Court
78.-(1)
The Chief Justice shall be appointed by the Governor-General, acting in
accordance with the advice of the Judicial and Legal
Service
Commission.
(2) The puisne judges
shall be appointed by the Governor-General, acting in accordance with the advice
of the Judicial and Legal Service
Commission.
(3) A person shall not
be qualified for appointment as a judge of the High Court unless
-
(a) he holds, or has held, high judicial office in any country in the Commonwealth or in any country outside the Commonwealth that may be prescribed by Parliament; or
(b) he is qualified to practise as a barrister or solicitor in such a country and he has been so qualified for not less than five years.
(4)
In computing, for the purposes of the preceding subsection, the period during
which any person has been qualified to practise
as a barrister or solicitor, any
period during which he has held judicial office after becoming so qualified
shall be
included.
Acting
judges and Commissioners of High
Court
79.-(1)
If the office of Chief Justice is vacant or if the person holding that office is
for any reason unable to perform the functions
of his office, the
Governor-General, acting in accordance with the advice of the Judicial and Legal
Service Commission, may appoint
a puisne judge or some other person qualified
for appointment as a judge of the High Court to act as Chief
Justice.
(2) If the office of a
puisne judge is vacant or if a person holding the office of puisne judge is
acting as Chief Justice or is for
any reason unable to perform the functions of
his office, the Governor-General, acting in accordance with the advice of the
Judicial
and Legal Service Commission, may appoint a person qualified for
appointment as a judge of the High Court to act as a puisne
judge.
(3) Any person appointed
under the provisions of this section to act as a judge of the High Court shall,
unless he earlier resigns
his acting office or is removed therefrom under the
next following section, continue so to act until the end of the period for which
he was appointed or, if he was not appointed for a specified period, until his
appointment is revoked by the Governor-General, acting
in accordance with the
advice of the Judicial and Legal Service
Commission:
Provided that a person
whose appointment has expired or whose appointment has been revoked may continue
to act as such for so long
thereafter as may be necessary to enable him to
deliver judgment or to do any other thing in relation to any proceedings that
were
commenced before him previously
thereto.
(4) Whenever he is
satisfied that no judge of the High Court is available to attend to the business
of the Court, the Governor-General,
acting in accordance with the advice of the
Judicial and Legal Service Commission, may appoint some person to perform
-
(a) all or any of the functions of a judge, either generally or in respect of any particular case or class of cases;
(b) such functions of a judge as it shall appear to that person require to be performed without delay,
subject
to such limitations and conditions, if any, as may be specified in the
instrument of appointment.
(5) Any
person appointed under the provisions of the preceding subsection shall be
styled a Commissioner of the High Court; all things
done by him in accordance
with the terms of his appointment shall have the same validity and effect as if
they had been done by a
judge of the High Court; in respect thereof he shall
have the same powers and enjoy the same immunities as if he had been a judge
of
the High Court; and, notwithstanding that the period of his appointment has
expired or his appointment has been revoked, he may
sit as a Commissioner of the
High Court for the purpose of delivering judgment or doing any other thing in
relation to any proceedings
that were commenced before him whilst his
appointment was
subsisting.
Tenure
of office of Judges of High
Court
80.-(1)
Subject to the provisions of this section, a judge of the High Court shall hold
office until he attains the age of sixty
years.
(2) Notwithstanding the
preceding subsection, a person who is not a citizen of Solomon Islands and is
over the age of sixty years
may be appointed as a judge of the High Court for a
term of years and shall cease to hold office at the expiration of that term,
and
shall not otherwise cease to hold office except in accordance with this
section.
(3) Nothing done by a
judge of the High Court shall be invalid by reason only that he has attained the
age at which he is required
by this section to vacate his
office.
(4) A judge of the High
Court may be removed from office only for inability to discharge the functions
of his office (whether arising
from infirmity of body or mind or any other
cause) or for misbehaviour and shall not be so removed except in accordance with
the
provisions of this
section.
(5) A judge of the High
Court shall be removed from office by the Governor-General if the question of
the removal of that judge from
office has been referred to a tribunal appointed
under the next following subsection and the tribunal has advised the
Governor-General
that he ought to be removed from office for inability as
aforesaid or for misbehaviour.
(6)
If the Governor-General considers that the question of removing a judge of the
High Court from office for inability as aforesaid
or for misbehaviour ought to
be investigated, then-
(a) the Governor-General shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the Governor-General from among persons who hold or have held high judicial office in some part of the Commonwealth; and
(b) the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and advise the Governor-General whether that judge should be removed under this section.
(7)
If the question of removing a judge of the High Court from office has been
referred to a tribunal under the preceding subsection,
the Governor-General may
suspend the judge from performing the functions of his office, and any such
suspension may at any time be
revoked by the Governor-General and shall in any
case cease to have effect if the tribunal advises the Governor-General that that
judge should not be removed from
office.
(8) Except as provided in
subsection (5) of this section, the functions of the Governor-General under this
section shall be exercised
by him in his own deliberate
judgment.
Judge
may sit after appointment has
terminated
81.
A judge of the High Court whose appointment has terminated otherwise than by
reason of his removal from office may sit as a judge
of that Court for the
purpose of delivering judgment or doing any other thing in relation to any
proceedings that were commenced
before him while his appointment was
subsisting.
Seal
of High
Court
82.
The High Court shall have a seal bearing on it the words "The High Court of
Solomon Islands" and such device as Parliament shall
approve by
resolution.
Jurisdiction
of High Court in constitutional
questions
83.-(1)
Subject to the provisions of section 31(3) and 98(1) of, and paragraph 10 of
Schedule 2 to, this Constitution, if any person
alleges that any provision of
this Constitution (other than Chapter II) has been contravened and that his
interests are being or
are likely to be affected by such contravention, then,
without prejudice to any other action with respect to the same matter which
is
lawfully available, that person may apply to the High Court for a declaration
and for relief under this
section.
(2) The High Court shall
have jurisdiction, in any application made by any person in pursuance of the
preceding subsection or in any
other proceedings lawfully brought before the
Court, to determine whether any provision of this Constitution (other than
Chapter
II) has been contravened and to make a declaration
accordingly:
Provided that the
High Court shall not make a declaration in pursuance of the jurisdiction
conferred by this subsection unless it
is satisfied that the interests of the
person by whom the application under the preceding subsection is made or, in the
case of other
proceedings before the Court, a party to those proceedings, are
being or are likely to be
affected.
(3) Where the High Court
makes a declaration in pursuance of the preceding subsection that any provision
of the Constitution has been
contravened and the person by whom the application
under subsection (1) of this section was made or, in the case of other
proceedings
before the Court, the party in those proceedings in respect of whom
the declaration is made, seeks relief, the High Court may grant
to that person
such remedy, being a remedy available against any person in any proceedings in
the High Court under any law for the
time being in force in Solomon Islands, as
the Court considers
appropriate.
(4) Nothing in this
section shall confer jurisdiction on the High Court to hear or determine any
such question as is referred to in
section 52 of this Constitution otherwise
than upon an application made in accordance with the provisions of that
section.
High
Court and subordinate
courts
84.-(1)
The High Court shall have jurisdiction to supervise any civil or criminal
proceedings before any subordinate court and may make
such orders, issue such
writs and give such directions as it may consider appropriate for the purpose of
ensuring that justice is
duly administered by any such
court.
(2) Where any question as
to the interpretation of any provision of this Constitution other than Chapter
II arises in any subordinate
court and the court is of opinion that the question
involves a substantial question of law, the court shall refer the question to
the High Court.
(3) Where any
question is referred to the High Court in pursuance of the preceding subsection,
the High Court shall give its decision
upon the question and the court in which
the question arose shall dispose of the case in accordance with that decision
or, if that
decision is the subject of an appeal to the Court of Appeal, in
accordance with the decision of the Court of Appeal.
(b) The Court of Appeal
Establishment
of Court of
Appeal
85.-(1)
There shall be a Court of Appeal for Solomon Islands which shall have such
jurisdiction and powers to hear and determine appeals
in civil and criminal
matters as may be conferred on it by this Constitution or by
Parliament.
(2) The judges of the
Court of Appeal shall be -
(a) a President and such number of other Justices of Appeal, if any, as may be prescribed by Parliament; and
(b) the Chief Justice and the puisne judges of the High Court, who shall be judges of the Court ex officio.
Appointment
of judges of Court of
Appeal
86.-(1)
The President of the Court of Appeal shall be appointed by the Governor-General,
acting in accordance with the advice of the
Judicial and Legal Service
Commission.
(2) The other Justices
of Appeal shall be appointed by the Governor-General, acting in accordance with
the advice of the Judicial
and Legal Service
Commission.
(3) A person shall not
be qualified to be appointed under subsection (1) or (2) of this section unless
he is qualified for appointment
as a judge of the High
Court.
(4) A judge of the Court of
Appeal shall not sit as a judge of the Court on the hearing of an appeal
-
(a) from any decision given by himself or any decision given by any court of which he was sitting as a member; or
(b) against a conviction or sentence if he was the judge by or before whom the appellant was convicted.
(5)
If the office of President of the Court of Appeal is vacant or if the person
holding that office is for any reason unable to perform
the functions of his
office, then, until a person has been appointed to and has assumed the functions
of that office or until the
holder thereof has resumed those functions, as the
case may be, the Governor-General, acting in accordance with the advice of the
Judicial and Legal Service Commission, may appoint one of the other judges of
the Court of Appeal or some other person qualified
for appointment to that
office to act as President of the Court of
Appeal:
Provided that a person
appointed under this subsection who is not a judge of the Court of Appeal may,
notwithstanding the assumption
or resumption of the functions of the office of
President of the Court of Appeal by the holder of that office, continue to act
as
a judge of the Court of Appeal for so long thereafter as may be necessary to
enable him to deliver judgment or do any other thing
in relation to any
proceedings that were commenced before him previously
thereto.
(6) Nothing in this
section or the preceding section shall preclude the offices of Chief Justice and
President of the Court of Appeal
from being held by the same
person.
Tenure
of office of judges of Court of
Appeal
87.-(1)
Subject to the provisions of this section, a judge of the Court of Appeal shall
hold office until he attains the age of sixty
years.
(2) Notwithstanding the
preceding subsection, a person who is not a citizen of Solomon Islands and is
over the age of sixty years
may be appointed as a judge of the Court of Appeal
for a term of years and shall cease to hold office at the expiration of that
term,
and shall not otherwise cease to hold office except in accordance with
this section.
(3) Nothing done by
a judge of the Court of Appeal shall be invalid by reason only that he has
attained the age at which he is required
by this section to vacate his
office.
(4) A judge of the Court
of Appeal may be removed from office only for inability to discharge the
functions of his office (whether
arising from infirmity of body or mind or any
other cause) or for misbehaviour, and shall not be so removed except in
accordance
with the provisions of this
section.
(5) A judge of the Court
of Appeal shall be removed from office by the Governor-General if the question
of the removal of that judge
from office has been referred to a tribunal
appointed under the next following subsection and the tribunal has advised the
Governor-General
that he ought to be removed from office for an inability as
aforesaid or for misbehaviour.
(6)
If the Governor-General considers that the question of removing a judge of the
Court of Appeal from office for inability as aforesaid
or for misbehaviour ought
to be investigated, then -
(a) the Governor-General shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the Governor-General from among persons who hold or have held high judicial office in some part of the Commonwealth; and
(b) the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and advise the Governor-General whether that judge should be removed under this section.
(7)
If the question of removing a judge of the Court of Appeal from office has beep
referred to a tribunal under the preceding subsection,
the Governor-General may
suspend the judge from performing the functions of his office, and any such
suspension may at any time be
revoked by the Governor-General and shall in any
case cease to have effect if the tribunal advises the Governor-General that that
judge should not be removed from
office.
(8) Except as provided in
subsection (5) of this section, the functions of the Governor-General under this
section shall be exercised
by him in his own deliberate
judgment.
Judge
may sit after appointment has
terminated
88.
A judge of the Court of Appeal whose appointment has terminated otherwise than
by reason of his removal from office may sit as a
judge of that Court for the
purpose of delivering judgment or doing any other thing in relation to any
proceedings that were commenced
before him while his appointment was
subsisting.
Seal
of Court of
Appeal
89.
The Court of Appeal shall have a seal bearing on it the words "The Court of
Appeal of Solomon Islands" and such device as Parliament
shall approve by
resolution.
(c) Rules of Court
Rules
of
court
90.
There shall be a Rules Committee, consisting of the Chief Justice, the President
of the Court of Appeal and the Attorney-General
(who shall constitute a quorum)
and such other persons as the Governor-General, acting after consultation with
the Chief Justice,
may appoint, which may make rules of court regulating the
practice and procedure of the High Court and the Court of Appeal, prescribing
the fees to be paid in respect of any proceeding and generally for making
provision for the proper and effectual exercise of the
jurisdiction of the High
Court and the Court of Appeal, including the procedure for the making and
hearing of appeals to the High
Court from subordinate courts and for the making
and hearing of appeals to the Court of Appeal from the High
Court:
Provided that rules
regulating the admission of legal practitioners to practise as barristers and
solicitors or in either of these
capacities, or prescribing or affecting the
amount of any fees or the recovery thereof, shall not come into operation unless
approved,
either before or after being made, by Parliament.
Part III-The Director of Public Prosecutions and the Public Solicitor
Director
of Public
Prosecutions
91.-(1)
There shall be a Director of Public Prosecutions whose office shall be a public
office.
(2) The Director of Public
Prosecutions shall be appointed by the Governor-General, acting in accordance
with the advice of the Judicial
and Legal Service
Commission.
(3) A person shall not
be qualified to hold or act in the office of Director of Public Prosecutions
unless he is entitled to practise
in Solomon Islands as an advocate or as a
barrister and solicitor.
(4) The
Director of Public Prosecutions shall have power in any case in which he
considers it desirable to do so -
(a) to institute and undertake criminal proceedings against any person before any court (other than a court-martial) in respect of any offence alleged to have been committed by that person;
(b) to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and
(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.
(5)
The powers of the Director of Public Prosecutions under the preceding subsection
may be exercised by him in person or through
other persons acting in accordance
with his general or specific
instructions.
(6) The powers
conferred on the Director of Public prosecutions by paragraphs
(b)
and
(c)
of subsection (4) of this section shall be vested in him to the exclusion of any
other person or
authority:
Provided that where any
other person or authority has instituted criminal proceedings, nothing in this
subsection shall prevent the
withdrawal of those proceedings by or at the
instance of that person or authority and with the leave of the
court.
(7) In the exercise of the
powers conferred on him by this section the Director of Public Prosecutions
shall not be subject to the
direction or control of any other person or
authority:
Provided that, where
any case in any way concerns the defence, security or international relations of
Solomon Islands, the Director
of Public Prosecutions shall bring the matter to
the attention of the Minister responsible for justice and shall, in the exercise
of his powers in relation to that case, act in accordance with any directions
that Minister may give to him.
(8)
For the purposes of this section, any appeal from any judgment in any criminal
proceedings before any court, or any case stated
or question of law reserved for
the purpose of any such proceedings to any other court, shall be deemed to be
part of those
proceedings:
Provided that the
power conferred on the Director of Public Prosecutions by paragraph
(c)
of subsection (4) of this section shall not be exercised in relation to any
appeal by a person convicted in any criminal proceedings
or to any case stated
or question of law reserved at the instance of such a
person.
(9) During any period when
the office of Director of Public Prosecutions is vacant or the holder of that
office is for any reason
unable to perform the functions of his office, those
functions shall be performed by the
Attorney-General.
Public
Solicitor
92.-(1)
There shall be a Public Solicitor, whose office shall be a public
office.
(2) The Public Solicitor
shall be appointed by the Governor-General, acting in accordance with the advice
of the Judicial and Legal
Service
Commission.
(3) A person shall not
be qualified to hold or act in the office of Public Solicitor unless he is
entitled to practise in Solomon
Islands as an advocate or as a barrister and
solicitor.
(4) The functions of
the Public Solicitor are to provide legal aid, advice and assistance to persons
in need in such circumstances
and subject to such conditions as may be
prescribed by Parliament, and in particular -
(a) to provide legal aid, advice and assistance to any person in need who has been charged with a criminal offence; and
(b) to provide legal aid, advice and assistance to any person when directed to do so by the High Court.
(5)
A person aggrieved by a refusal of the Public Solicitor to provide legal aid,
advice and assistance to him may apply to the High
Court for a direction under
paragraph
(b)
of the preceding subsection.
(6)
Parliament may make provision for the Public Solicitor to make a reasonable
charge for services provided by him to persons in
need whom he considers are
able to make a contribution towards the cost of those
services.
(7) Except as provided
in paragraph
(b)
of subsection (4) of this section, in the exercise of the functions conferred on
him by or under this section the Public Solicitor
shall not be subject to the
direction or control of any other person or authority.
CHAPTER VIII
LEADERSHIP CODE
Application
of this
Chapter
93.
The provisions of this Chapter apply to and in relation to -
(a) the Governor-General;
(b) the Prime Minister and the other Ministers;
(c) the Leader of the Official Opposition and the Leader of the Independent Members;
(d) all other members of Parliament;
(e) the Speaker;
(f) members of any Commission established by this Constitution;
(g) public officers;
(h) officers of the government of Honiara city, provincial government officers, members of the Honiara city council and provincial assemblies;
1 of 1983, Sch.
(i) officers of statutory corporations and Government agencies; and
(j) such other officers as Parliament may prescribe.
Responsibilities
of
office
94.-(1)
A person to whom this Chapter applies has a duty to conduct himself in such a
way, both in his public or official life and his
private life, and in his
associations with other persons, as not -
(a) to place himself in a position in which he has or could have a conflict of interests or in which the fair exercise of his public or official duties might be compromised;
(b) to demean his office or position;
(c) to allow his integrity to be called into question; or
(d) to endanger or diminish respect for and confidence in the integrity of the government of Solomon Islands.
(2)
In particular, a person to whom this Chapter applies shall not use his office
for personal gain or enter into any transaction
or engage in any enterprise or
activity that might be expected to give rise to doubt in the public mind as to
whether he is carrying
out or has carried out the duty imposed by the preceding
subsection.
(3) It is the further
duty of a person to whom this Chapter applies -
(a) to ensure, as far as is within his lawful power, that his spouse and children and any other persons for whom he is responsible, including nominees, trustees and agents, do not conduct themselves in a way that might be expected to give rise to doubt in the public mind as to his complying with his duties under this section; and
(b) if necessary, publicly to dissociate himself from any activity or enterprise of any of his associates, or of a person referred to in paragraph (a) of this subsection, that might be expected to give rise to such a doubt.
(4)
A person to whom this Chapter applies who -
(a) is convicted of an offence in respect of his office or position or in relation to the performance of his functions or duties;
(b) fails to carry out the obligations imposed by the preceding subsections of this section; or
(c) commits any act or omission prescribed under section 95 of this Constitution as constituting misconduct in office,
is
guilty of misconduct in
office.
Further
provisions
95.
Subject to the provisions of this Constitution, for the purposes of this
Chapter, Parliament-
(a) may make provision for the disclosure of the personal and business incomes and financial affairs of persons to whom this Chapter applies, and of their families and associates, and in particular of interests in contracts with governmental bodies and of directorships and similar offices held by them (including powers to nominate directors, trustees or agents, or similar officers);
(b) may make provision for the disposal or temporary control of the assets or income of a person to whom this Chapter applies where this seems to be desirable for attaining the objects of this Chapter;
(c) may prescribe specific acts or omissions as constituting misconduct in office;
(d) may create offences (including offences by persons to whom this Chapter applies and offences by other persons) and prescribe penalties for such offences;
(e) shall provide for the investigation of cases of alleged or suspected misconduct in office;
(f) shall provide for the reference of cases of alleged or suspected misconduct in office to such independent courts or tribunals as may be prescribed, and for the investigation and determination by such courts or tribunals of any such cases that may be referred to them in the manner prescribed;
(g) shall make provision with respect to the powers and procedure of such courts or tribunals as may be prescribed under the preceding paragraph and shall prescribe the penalties or other consequences that may result from a lawful determination by any such court or tribunal that a person to whom this Chapter applies is guilty of misconduct in office; and
(h) may make such other provision as may appear necessary or expedient for attaining the objects of this Chapter.
CHAPTER IX
THE OMBUDSMAN
Office
of
Ombudsman
96.-(1)
There shall be an Ombudsman, whose office shall be a public
office.
(2) The Ombudsman shall be
appointed by the Governor-General, acting in accordance with the advice of a
committee consisting of the
Speaker, the Chairman of the Public Service
Commission and the Chairman of the Judicial and Legal Service
Commission.
(3) If the person
appointed as Ombudsman is a member of parliament or a provincial assembly, he
shall forthwith cease to be such a
member.
(4) The Ombudsman shall
not perform the functions of any other public or provincial government office,
and shall not, without the
approval of the Governor-General in each particular
case, hold any other office of emolument than the office of the Ombudsman or
engage in any occupation for reward outside the duties of his
office.
(5) Subject to the
provisions of the next following subsection, the Ombudsman shall vacate his
office at the expiration of five years
from the date of his
appointment.
(6) The Ombudsman may
be removed from office only for inability to discharge the functions of his
office (whether arising from infirmity
of body or mind or any other cause) or
for misbehaviour and shall not be so removed except in accordance with the
procedure for the
removal of a judge of the High Court as set out in subsections
(4) to (7) of section 80 of this
Constitution.
Functions
of
Ombudsman
97.-(1)
The functions of the Ombudsman shall be to:-
(a) enquire into the conduct of any person to whom this section applies in the exercise of his office or authority, or abuse thereof;
(b) assist in the improvement of the practices and procedures of public bodies; and
(c) ensure the elimination of arbitrary and unfair decisions.
(2)
Parliament may confer additional functions on the
Ombudsman.
(3) This section
applies to members of the public service, the Police Force, the Prisons Service,
the government of Honiara city,
provincial governments, and such other offices,
commissions, corporate bodies or public agencies as may be prescribed by
Parliament:
1 of 1983, Sched.
Provided that it shall not
apply to the Governor-General or his personal staff or to the Director of Public
Prosecutions or any person
acting in accordance with his
instructions.
(4) Nothing in this
section or in any Act of Parliament enacted for the purposes of this Chapter
shall confer on the Ombudsman any
power to question or review any decision of
any judge, magistrate or registrar in the exercise of his judicial
functions.
Discharge
of functions of
Ombudsman
98.-(1)
In the discharge of his functions the Ombudsman shall not be subject to the
direction or control of any other person or authority
and no proceedings of the
Ombudsman shall be called in question in any court of
law.
(2) The Ombudsman shall not
conduct an investigation in respect of any matter if he has been given notice by
the Prime Minister that
the investigation of that matter would not be in the
interests of the security of Solomon
Islands.
(3) The Ombudsman shall
make an annual report and may make such additional reports to Parliament as he
deems appropriate concerning
the discharge of his functions, and may draw
attention to any defects which appear to him to exist in the administration or
any
law.
Further
provisions
99.
Parliament may make provision for such supplementary and ancillary matters as
may appear necessary or expedient to give effect to
the provisions of this
Chapter.
CHAPTER X
FINANCE
Consolidated
Fund and Special
Funds
100.-(1)
All revenues or other moneys raised or received by or for the purposes of the
Government (not being revenues or other moneys
that are payable by or under any
law into some other fund established for any specific purpose or that may, by or
under any law,
be retained by the authority that received them for the purpose
of defraying the expenses of that authority) shall be paid into and
form one
Consolidated Fund.
(2) Parliament
may make provision for the establishment of Special Funds, which shall not form
part of the Consolidated Fund.
(3)
The receipts, earnings and accruals of Special Funds established under this
section and the balance of such funds at the close
of each financial year shall
not be paid into the Consolidated Fund but shall be retained for the purposes of
those
funds.
Withdrawal
of money from the Consolidated
Fund
101.-(1)
No money shall be issued from the Consolidated Fund except upon the authority of
a warrant under the hand of the Minister of
Finance.
(2) No warrant shall be
issued by the Minister of Finance for the purpose of meeting any expenditure
unless -
(a) the expenditure has been authorised for the financial year during which the issue is to take place by an Appropriation Act;
(b) the expenditure has been authorised in accordance with the provisions of section 103 or 104 of this Constitution; or
(c) it is statutory expenditure.
Authorisation
of
expenditure
102.-(1)
The Minister of Finance shall cause to be prepared and laid before Parliament
before the commencement of each financial year
estimates of the revenues and
expenditure of the Government for that year, provided that in exceptional
circumstances which shall
be explained to Parliament the Minister may cause the
estimates to be laid before Parliament not later than ninety days after the
commencement of the financial
year.
(2) The heads of expenditure
contained in the estimates (other than statutory expenditure) shall be included
in a bill to be known
as an Appropriation Bill which shall be introduced into
Parliament to provide for the issue from the Consolidated Fund of the sums
necessary to supply those heads and the appropriation of those sums for the
purposes specified therein.
(3) If
in respect of any financial year it is found that the sum appropriated by the
Appropriation Act for any purpose is insufficient
or that a need has arisen for
expenditure for a purpose for which no sum has been appropriated by that law, a
supplementary estimate
showing the sums required shall be included in a
Supplementary Appropriation Bill for
appropriation.
(4) If at the close
of account for any financial year it is found that any moneys have been expended
on any head in excess of the
sum appropriated for that head by an Appropriation
Act or for a purpose for which no money has been appropriated, the excess or the
sum expended but not appropriated as the case may be shall be included in a
statement of heads in excess which, together with the
report of the Public
Accounts Committee thereon, shall be presented to
Parliament.
(5) Statutory
expenditure shall not be voted on by Parliament but, without further authority
of Parliament, shall be paid out of the
Consolidated Fund by warrant under the
hand of the Minister of
Finance.
Authorisation
of expenditure in advance of
appropriation
103.-(1)
If the Appropriation Act in respect of any financial year has not come into
operation by the beginning of that financial year,
Parliament by resolution may
empower the Minister of Finance to authorise the issue of moneys from the
Consolidated Fund for the
purpose of meeting expenditure necessary to carry on
the public services at a level not exceeding the level of these services in
the
previous financial year, until the expiration of four months from the beginning
of that financial year or the coming into operation
of the Appropriation Act,
whichever is the earlier.
(2)
Where in respect of any financial year the Minister is satisfied that an urgent
and unforeseen need has arisen to authorise for
any purpose issues from the
Consolidated Fund for expenditure in excess of the sum appropriated for that
purpose by an Appropriation
Act, or for a purpose for which no sum has been so
appropriated, he may, subject to the provisions of any law or regulations for
the time being in force in that regard, authorise, with the prior approval of
the Cabinet, such issues by warrant and shall include
such amount in a
Supplementary Appropriation Bill for appropriation at the meeting of Parliament
next following the date on which
the warrant was
issued:
Provided that if there
shall be no further meeting in the same financial year, the Bill may be deferred
to any meeting held before
the end of the following financial
year.
(3) No expenditure shall be
authorised or incurred under the preceding subsection unless Parliament has
specified in advance of the
expenditure the maximum amount of expenditure that
may be incurred under that
subsection.
Delay
in Appropriation Act owing to
dissolution
104.
Where at any time Parliament has been dissolved before any provision or any
sufficient provision is made under this Chapter of this
Constitution for the
carrying on of the government of Solomon Islands, the Minister of Finance may
issue a warrant for the payment
out of the Consolidated Fund of such sums as he
may consider necessary for the continuance of the public services until the
expiry
of a period of three months commencing with the date on which Parliament
first meets after that dissolution, but a statement of the
sums so authorised
shall, as soon as practicable, be laid before Parliament and the aggregate sums
shall be included, under the appropriate
heads, in the next Appropriation
Bill.
Public
debt and
borrowing
105.-(1)
There shall be charged on the Consolidated Fund all debt charges for which the
Government is liable.
(2) For the
purposes of this section debt charges include interest, sinking fund charges,
the repayment or amortisation of debt, and
all expenditure in connection with
the raising of loans on the security of the revenue of the Government or the
Consolidated Fund
and the service and redemption of debt thereby
created.
(3) The Government shall
not borrow money nor enter into a guarantee involving any financial liability
except in accordance with such
provisions as may be prescribed by
Parliament.
Imposition
of
taxation
106.
No taxation shall be imposed or altered except by or under an Act of
Parliament.
Remuneration
of certain
officers
107.-(1)
There shall be paid to the holders of the offices to which this section applies
such salary or other remuneration and such allowances
as may be prescribed by
Parliament.
(2) The remuneration
and allowances payable to the holders of those offices are hereby charged on and
shall be paid out of the Consolidated
Fund.
(3) The remuneration
prescribed in pursuance of this section in respect of the holder of any such
office and his other terms of service
(other than allowances that are not taken
into account in computing, under any law in that behalf, any pension payable in
respect
of his service in that office) shall not be altered to his disadvantage
after his appointment except as part of any alteration generally
applicable to
holders of offices specified in this
section.
(4) Where a person's
remuneration or other terms of service depend upon his option, the remuneration
or terms for which he opts shall,
for the purposes of the preceding subsection,
be deemed to be more advantageous to him than any others for which he might have
opted.
(5) This section applies to
the offices of Governor-General, any judge of the High Court or the Court of
Appeal, Speaker, Ombudsman,
Director of Public Prosecutions, Public Solicitor,
Auditor-General, Commissioner of Police, and member of any Commission
established
by this
Constitution.
Auditor-General
108.-(1)
There shall be an Auditor-General whose office shall be a public
office.
(2) The Auditor-General
shall be appointed by the Governor-General, acting in accordance with the advice
of the Public Service
Commission.
(3) The public
accounts of Solomon Islands, of all Ministries, offices, courts and authorities
of the Government, of the government
of Honiara city and of all provincial
governments, shall be audited and reported on annually by the Auditor-General,
and for that
purpose the Auditor-General or any person authorised by him in that
behalf shall at all times be entitled to access to all books,
records, returns
and other documents relating to such accounts.
1 of 1983, Sched
(4) The Auditor-General
shall submit his reports to the Speaker who shall cause them to be laid before
Parliament; and he shall also
send a copy of each report to the Minister of
Finance and the Minister
concerned.
(5) In the exercise of
his functions under this section, the Auditor-General shall not be subject to
the direction or control of any
other person or
authority.
(6) Nothing in this
section shall prevent the performance by the Auditor-General of -
(a) such other functions in relation to the accounts of the Government and the accounts of other public authorities and other bodies administering public funds in Solomon Islands as may be prescribed by Parliament; or
(b) such other functions in relation to the supervision and control of expenditure from public funds in Solomon Islands as may be so prescribed.
Interpretation
109.
In this Chapter of this Constitution -
"financial year" means the twelve months ending on the 31st December in any year or on such other date as may from time to time be prescribed by Parliament;
"statutory expenditure" means expenditure charged on the Consolidated Fund or on the general revenues and assets of Solomon Islands by virtue of any of the provisions of this Constitution or by virtue of any provision of any other law for the time being in force in Solomon Islands.
CHAPTER XI
LAND
Land
110.
The right to hold or acquire a perpetual interest in land shall vest in any
person who is a Solomon Islander and only in such other
person or persons as may
be prescribed by
Parliament.
Non-customary
land
111.
Parliament may, in regard to land which has ceased to be customary
land:-
(a) provide for the conversion into a fixed-term interest of any perpetual interest in such land held by a person who is not entitled under the preceding section to hold such a perpetual interest;
(b) provide for the compulsory acquisition where necessary of such land or any right over or interest in such land;
(c) prescribe the criteria to be adopted in regard to the assessment and payment of compensation for such conversion or compulsory acquisition (which may take account of, but need not be limited to, the following factors: the purchase price, the value of improvements made between the date of purchase and the date of acquisition, the current use value of the land, and the fact of its abandonment or dereliction).
Customary
land
112.
Parliament shall provide, in relation to any compulsory acquisition of customary
land or any right over or interest in it, that:-
(a) before such land is compulsorily acquired, there shall be prior negotiations with the owner of the land, right or interest;
(b) the owner shall have a right of access to independent legal advice; and
(c) so far as practicable the interest so acquired shall be limited to a fixed-term interest.
Savings
and
interpretation
113.-(1)
Nothing in this Chapter shall be construed as enabling Parliament to make any
provision which is inconsistent with the provisions
of section 8 (1)
(c)
of this Constitution.
(2) In this
Chapter "Solomon Islander" has the same meaning as in the Land and Titles Act
(a).
(a) Cap. 133
CHAPTER XII
POLITICAL DIVISIONS
Government
of Honiara city and provinces
1 of
1983, s.
3
114.
(1) Notwithstanding anything contained in the Solomon Islands Independence Order
1978(a)
Solomon Islands shall be divided into Honiara city and provinces.
(a) U.K. SI 1978 No. 783
(2) Parliament shall by
law -
(a) prescribe the number of provinces, and the boundaries of Honiara city and the provinces after considering the advice of the Constituency Boundaries Commission;
(b) make provision for the government of Honiara city and the provinces and consider the role of traditional chiefs in the provinces.
CHAPTER XIII
PUBLIC SERVICE COMMISSION
Public
Service
Commission
115.-(1)
There shall be a Public Service Commission for Solomon Islands which shall
consist of a Chairman and not less than two nor more
than four other members
appointed by the Governor-General for such period, being not less than three nor
more than six years, as
may be specified in their respective instruments of
appointment.
(2) A person shall be
disqualified for appointment as a member of the Public Service Commission if he
is a member of Parliament or
a public officer or an officer of any society or
association which the Governor-General, in his own deliberate judgment, is
satisfied
is of a political
nature.
(3) A person shall not,
while he holds or is acting in the office of a member of the Public Service
Commission or within a period
of five years commencing with the date on which he
last held or acted in that office, be eligible for appointment to or to act in
any public office.
(4) The office
of a member of the Public Service Commission shall become vacant
-
(a) at the expiration of the period specified in the instrument by which he was appointed;
(b) if he becomes a member of Parliament;
(c) if he becomes an officer of any society or association which the Governor-General, in his own deliberate judgment, is satisfied is of a political nature; or
(d) if he is removed from office in accordance with section 126 of this Constitution.
(5)
Whenever the office of the Chairman of the Public Service Commission is vacant
or the holder thereof is for any reason unable
to perform the functions of his
office, such one of the other members of the Public Service Commission as the
Governor-General shall
appoint may act in the office of the
Chairman.
(6) If the office of a
member of the Public Service Commission other than the Chairman is vacant or the
holder thereof is acting as
the Chairman or is for any reason unable to perform
the functions of his office, the Governor-General may appoint a person who is
qualified for appointment as a member of the Commission to act as such a member;
and any person so appointed may, subject to the
provisions of subsection (4) of
this section, continue to act until he is notified by the Governor-General that
the circumstances
giving rise to the appointment have ceased to
exist.
(7) Except as provided in
subsections (2) and
(4)(c)
of this section, the powers conferred on the Governor-General by this section
shall be exercised by him acting in accordance with
the advice of the Prime
Minister.
Appointments
etc. of public
officers
116.-(1)
Subject to the provisions of this Constitution, power to make appointments to
public offices (including power to confirm appointments)
and to remove and to
exercise disciplinary control over persons holding or acting in such offices is
vested in the Public Service
Commission.
(2) The Public Service
Commission may, subject to such conditions as it thinks fit, delegate any of its
powers under this section
by directions in writing to any member of the
Commission or to any public
officer.
(3) The provisions of
this section shall not apply in relation to -
(a) the office of any judge of the High Court or the Court of Appeal;
(b) the office of Ombudsman, Director of Public Prosecutions, Public Solicitor or Auditor-General;
(c) any office to which section 116B or 118 of this Constitution applies;
14 of 1982, s. 2
(d) the office of any member of the Police Force or the Prisons Service; or
(e) any office to which section 127 of this Constitution applies.
(4)
The Public Service Commission shall not exercise any of its powers in relation
to any office on the personal staff of the Governor-General
or in relation to
any person holding or acting in any such office without the concurrence of the
Governor-General, acting in his
own deliberate
judgment.
(5) Before making any
appointment to any office on the staff of the Ombudsman, the Public Service
Commission shall consult the
Ombudsman.
(6) Before making any
appointment to the office of Clerk to the Legislature, the Public Service
Commission shall consult the
Speaker.
Teaching
Service Commission
14 of 1982, s.
2
116A.
(1) There shall be a Teaching Service Commission comprised of -
(a) the Chairman of the Public Service Commission who shall be Chairman of the Commission;
(b) not less than two nor more than three other members appointed by the Governor-General for such period being not less than three nor more than six years as may be specified in their respective instruments of appointment.
(2)
Any person shall be disqualified for appointment as a member of the Teaching
Service Commission if he is a member of Parliament
or of a Provincial Assembly
or a public officer or an officer of any society or association which the
Governor-General in his own
deliberate judgment is satisfied is of a political
nature.
(3) A person shall not
while he holds or is acting in the office of a member of the Teaching Service
Commission be eligible for appointment
to or to act in any public
office.
(4) The office of a member
of the Teaching Service Commission shall become vacant -
(a) at the expiration of the period specified in the instrument by which he was appointed;
(b) if he becomes a member of Parliament;
(c) if he becomes an officer of any society or association which the Governor-General in his own deliberate judgment, is satisfied is of a political nature; or
(d) if he is removed from office in accordance with section 126 of this Constitution.
(5)
If the office of a member of the Teaching Service Commission other than the
Chairman is vacant or the holder is acting as the
Chairman or is for any reason
unable to perform the functions of his office, the Governor-General may appoint
a person who is qualified
for appointment as a member of the Commission to act
as such a member, and any person so appointed may, subject to subsection (4)
of
this section, continue to act until he is notified by the Governor-General that
the circumstances giving rise to the appointment
have ceased to
exist.
Appointments,
etc. of teachers
14 of 1982, s. 2, 1
of 1989, s.
2
116B.
(1) Power to make appointments to the offices to which this section applies
(including power to confirm appointments) and to remove
and to exercise control
over persons holding or acting in such offices is vested in the Teaching Service
Commission.
(2) The Teaching
Service Commission may, subject to such conditions as it thinks fit, delegate
any of its powers under this section
by directions in writing to any member of
the Commission or to any public officer or to any provincial government
officer.
(3) Before making any
appointment to a school set up by a Provincial Assembly or a Church or other
body, the Teaching Service Commission
shall consult the relevant education
authority.
(4) This section
applies to teachers in primary schools and secondary
schools.
Judicial
and Legal Service Commission
10 of
1992, s.
2
117.-(1)
There shall be a Judicial and Legal Service Commission for Solomon
Islands.
(2) The members of the
Commission shall be -
(a) the Chief Justice, who shall be Chairman of the Commission;
(b) the Attorney-General;
(c) the Chairman of the Public Service Commission;
(d) the President of the Bar Association; and
(e) two other members.
(3)
The two members referred to in paragraph
(e)
of subsection (2) of this section shall be appointed by the Governor-General,
acting in accordance with the advice of the Prime
Minister.
(4) The office of the
member of the Commission appointed under the preceding subsection shall become
vacant -
(a) at the expiration of three years from the date of his appointment;
(b) if he becomes a member of Parliament or a public officer other than a judge of the High Court or the Court of Appeal; or
(c) if he is removed from office in accordance with section 126 of this Constitution.
Appointments
etc. of judicial and legal
officers
118.-(1)
Power to make appointments to the offices to which this section applies
(including power to confirm appointments) and to remove
and to exercise
disciplinary control over persons holding or acting in such offices is vested in
the Judicial and Legal Service
Commission.
(2) This section
applies to -
(a) all public offices for which a legal qualification is required, except those of Attorney-General, judge of the High Court or the Court of Appeal, Director of Public Prosecutions and Public Solicitor;
(b) magistrates engaged in full time judicial and related duties; and
(c) such other officers, including registrars of the High Court and the Court of Appeal, as may be prescribed.
Police
and Prisons Service
Commission
119.-(1)
There shall be a Police and Prisons Service Commission for Solomon
Islands.
(2) The members of the
Commission shall be -
(a) the Chairman of the Public Service Commission, who shall be Chairman of the Commission;
(b) the Chairman of the Judicial and Commission; and
(c) a person appointed by the Governor-General, acting in accordance with the advice of the Prime Minister.
(3)
If the office of the member of the Commission appointed under subsection
(2)(c)
of this section is vacant or the holder thereof is for any reason unable to
perform the functions of his office, the Governor-General,
acting in accordance
with the advice of the Prime Minister, may appoint some other person to act in
the office of that member; and
any person so appointed may continue to act until
he is notified by the Governor-General, acting as aforesaid, that the
circumstances
giving rise to the appointment have ceased to
exist.
Appointments
of officers in Police
Force
120.-(1)
Save as provided in section 43(2) of this Constitution, power to make
appointments (including power to confirm appointments)
to offices in the Police
Force of or above the rank of Inspector is vested in the Police and Prisons
Service Commission.
(2) Power to
make appointments (including power to confirm appointments) in the Police Force
below the rank of Inspector is vested
in the Commissioner of
Police.
(3) There shall be in the
Police Force such number of Police Promotion Boards, each consisting of officers
in the Police Force above
the rank of Inspector, as may be prescribed by
regulations made under subsection (5) of this
section.
(4) In the exercise of
the powers to make appointments to offices in the Police Force vested in him,
the Commissioner of Police may
refer any question relating to the promotion of
an officer in the Police Force to a rank below that of Inspector to a Police
Promotion
Board for their advice, but he shall not be obliged to act in
accordance with the advice given him by any such
Board.
(5) The Police and Prisons
Service Commission may be [sic] regulations make provision for all or any of the
following matters -
(a) the number of Police Promotion Boards which shall be established for the Police Force;
(b) the composition of any Police Promotion Board and the method of appointment and tenure of office of the members thereof; and
(c) the manner in which a Police Promotion Board shall perform its functions.
(6)
The power to make appointments under subsection (1) of this section shall not
extend to postings or transfers within the Police
Force of officers in that
Force, and the power to make such postings and transfers is vested in the
Commissioner of
Police.
Removal
and discipline of members of Police
Force
121.-(1)
Save as provided in section 129 of this Constitution and subsection (2) of this
section, power to remove and to exercise disciplinary
control over persons
holding or acting in offices in the Police Force is vested in the Police and
Prisons Service Commission.
(2)
The following powers are vested in the Commissioner of Police -
(a) in respect of officers of or above the rank of Assistant Superintendent, the power to administer reprimands;
(b) in respect of Inspectors, the power to exercise disciplinary control other than removal or reduction in rank; and
(c) in respect of officers below the rank of Inspector, the power to exercise disciplinary control including the power of removal.
(3)
The Commissioner of Police may, by directions in writing, and subject to such
conditions as he thinks fit, delegate to any officer
in the Police Force of or
above the rank of Inspector any of his powers under subsection (2)
(c)
of this section other than the power of removal, but an appeal from any award of
punishment by such an officer shall lie to the
Commissioner.
Appeal
122.
Any police officer upon whom the Commissioner has imposed any punishment which
includes -
(a) reduction in rank; or
(b) removal,
may
appeal to the Police and Prisons Service Commission against either the finding
or the punishment or both, and the Commission may
confirm, set aside or vary the
finding and confirm, set aside, reduce, suspend or otherwise vary the
punishment:
Provided that nothing
in this section shall be construed as empowering the award of any greater
punishment than could have been awarded
by the officer inflicting the
punishment.
Appointments
of officers in Prisons
Service
123.-(1)
Power to make appointments (including power to confirm appointments) to offices
in the Prisons Service of or above the rank of
Assistant Prison Officer is
vested in the Police and Prisons Service
Commission.
(2) Power to make
appointments (including power to confirm appointments) in the Prisons Service
below the rank of Assistant Prison
Officer is vested in the Superintendent of
Prisons.
(3) The power to make
appointments under subsection (1) of this section shall not extend to postings
or transfers within the Prisons
Service of officers in that Service, and the
power to make such postings and transfers is vested in the Superintendent of
Prisons.
Removal
and discipline of members of Prisons
Service
124.-(1)
Save as provided in subsection (2) of this section, power to remove and to
exercise disciplinary control over persons holding
or acting in offices in the
Prisons Service is vested in the Police and Prisons Service
Commission.
(2) The following
powers are vested in the Superintendent of Prisons -
(a) in respect of officers of or above the rank of Prison Officer, the power to administer reprimands;
(b) in respect of Assistant Prison Officers, the power to exercise disciplinary control other than removal or reduction in rank; and
(c) in respect of officers below the rank of Assistant Prison Officer, the power to exercise disciplinary control including the power of removal.
(3)
The Superintendent of Prisons may, by directions in writing, and subject to such
conditions as he thinks fit, delegate to any
officer in the Prisons Service of
or above the rank of Assistant Prison Officer any of his powers under subsection
(2)(c)
of this section other than the power of removal, but an appeal from any award of
punishment by such an officer shall lie to the Superintendent
of
Prisons.
Appeal
125.
Any officer in the Prisons Service upon whom the Superintendent of Prisons has
imposed any punishment which includes -
(a) reduction in rank; or
(b) removal,
may
appeal to the Police and Prisons Service Commission against either the finding
or the punishment or both, and the Commission may
confirm, set aside or vary the
finding and confirm, set aside, reduce, suspend or otherwise vary the
punishment:
Provided that nothing
in this section shall be construed as empowering the award of any greater
punishment than could have been awarded
by the officer inflicting the
punishment.
Removal
from office of members of
Commissions
126.-(1)
A person holding an office to which this section applies (in this section
referred to as "a Commissioner") may be removed from
office only for inability
to discharge the functions of his office (whether arising from infirmity of body
or mind or any other cause)
or for misbehaviour and shall not be so removed
except in accordance with the provisions of this
section.
(2) A Commissioner shall
be removed from office by the Governor-General if the question of his removal
from that office has been referred
to a tribunal appointed under the next
following subsection and the tribunal has advised the Governor-General that he
ought to be
removed from office for inability as aforesaid or for
misbehaviour.
(3) If the
Governor-General considers that the question of removing a Commissioner ought to
be investigated, then -
(a) the Governor-General shall appoint a tribunal in accordance with the provisions of subsection (6) of this section; and
(b) that tribunal shall inquire into the matter and report on the facts thereof to the Governor-General and advise the Governor-General whether the Commissioner ought to be removed under this section.
(4)
If the question of removing a Commissioner has been referred to a tribunal under
this section, the Governor-General may suspend
the Commissioner from performing
the functions of his office, and any such suspension may at any time be revoked
by the Governor-General,
and shall in any case cease to have effect if the
tribunal advises the Governor-General that the Commissioner should not be
removed.
(5) The offices to which
this section applies are those of members of the Public Service Commission,
appointed members of the Teaching
Service Commission under section 116A (1)
(b)
of this Constitution, members of the Judicial and Legal Service Commission
appointed under section 117(3) of this Constitution, and
member of the Police
and Prisons Service Commission appointed under section 119(3) of this
Constitution.
14
of 1982, s. 2
10 of 1992, s.
3
(6) A tribunal appointed
under this section shall consist of a chairman and two other members, and
-
10 of 1992, s. 3
(a) in the case of a tribunal to investigate the removal of a member of the Judicial and Legal Service Commission appointed under section 117(3) of this Constitution, all members of the tribunal shall be persons who hold or have held high judicial office in some part of the Commonwealth; and
(b) in any other case, the chairman shall be a person who holds or has held such office.
(7)
Except as provided in subsection (2) of this section, the functions of the
Governor-General under this section shall be exercised
by him in accordance with
the advice of the Prime
Minister.
Appointments
etc. to particular
offices
127.-(1)
Power to make appointments to the offices to which this section applies
(including power to confirm appointments) and to remove
and to exercise
disciplinary control over persons holding or acting in such offices is vested in
the Governor-General, acting in
accordance with the advice of the Prime Minister
tendered after the Prime Minister has consulted the Public Service
Commission.
(2) The offices to
which this section applies are those of Ambassador, High Commissioner or other
principal representative of Solomon
Islands in any other country or accredited
to any international
organisation.
Appointment
of Permanent
Secretaries
128.-(1)
Power to make appointments to the office of Permanent Secretary shall vest in
the Public Service Commission acting with the concurrence
of the Prime
Minister.
(2) Power of posting or
transfer of a person holding the office of Permanent Secretary shall vest in the
Prime Minister, acting after
consultation with the Public Service
Commission.
Tenure
of office of certain public
officers
129.-(1)
The provisions of this section shall apply in relation to persons holding the
offices of Auditor-General, Director of Public
Prosecutions, Public Solicitor
and Commissioner of Police.
(2)
Subject to the provisions of this section, a person to whom this section applies
shall vacate his office when he attains the age
of fifty-five
years:
Provided that the
Governor-General may permit a person to whom this section applies who attains
the age of fifty-five years to continue
in office until he has attained such
later age as may have been agreed between the Governor-General and that
person.
(3) A person to whom this
section applies may be removed from office only for inability to discharge the
functions of his office (whether
arising from infirmity of body or mind or any
other cause) or for misbehaviour and shall not be so removed except in
accordance with
the provisions of this
section.
(4) A person to whom this
section applies shall be removed from office by the Governor-General if the
question of his removal from
office has been referred to a tribunal appointed
under subsection (5) of this section and the tribunal has recommended to the
Governor-General
that he ought to be removed from office for inability as
aforesaid or for misbehaviour.
(5)
If the Governor-General considers that the question of removing a person to whom
this section applies from office for inability
as aforesaid or for misbehaviour
ought to be investigated, or if the Prime Minister represents to the
Governor-General that that
question ought to be investigated, then
-
(a) the Governor-General shall appoint a tribunal, which shall consist of a Chairman who is a person who holds or has held high judicial office in some part of the Commonwealth, and not less than two other members; and
(b) the tribunal shall inquire into the matter and report on the facts thereof to the Governor-General and recommend to the Governor-General whether the person ought to be removed from office for inability as aforesaid or for misbehaviour.
(6)
If the question of removing a person to whom this section applies has been
referred to a tribunal under subsection (5) of this
section, the
Governor-General may suspend the person from performing the functions of his
office, and any such suspension may at
any time be revoked by the
Governor-General and shall in any case cease to have effect if the tribunal
recommends to the Governor-General
that the person should not be
removed.
(7) Except as provided in
subsection (4) of this section, the functions of the Governor-General under this
section shall be exercised
by him -
(a) in relation to the office of Auditor-General, in accordance with the advice of the Public Service Commission;
(b) in relation to the office of Director of Public Prosecutions or Public Solicitor, in accordance with the advice of the Judicial and Legal Service Commission; and
(c) in relation to the office of Commissioner of Police, in his own deliberate judgment.
(8)
The provisions of this section shall not apply in relation to a person appointed
to act in any office referred to in subsection
(1) of this section during any
period when that office is vacant or the holder thereof is unable to perform the
functions of his
office; and the appointment of such a person may be revoked by
the Governor-General at any time before the expiration of that
period.
(9) (a) Nothing in this section shall prevent the appointment of a person who is not a citizen of Solomon Islands to any office to which this section applies for a term of years.
(b) A person appointed to an office to which this section applies under this subsection shall cease to hold office on the expiration of the term for which he was appointed but shall otherwise be removed from office only in accordance with the provisions of this section.
Applicability
of pensions
law
130.-(1)
Subject to the provisions of section 132 of this Constitution, the law
applicable to the grant and payment to any officer, or
to his widow, children,
dependants or personal representatives, of any pension, gratuity or other like
allowance (in this section
and in sections 131 and 132 of this Constitution
referred to as an "award") in respect of the service of that officer in a public
office shall be that in force on the relevant day or any later law not less
favourable to the person
concerned.
(2) For the purposes of
this section the relevant day is -
(a) in relation to an award granted before Independence Day, the day on which the award was granted;
(b) in relation to an award granted or to be granted on or after Independence Day to or in respect of a person who was a public officer before that day, the day immediately before that day;
(c) in relation to an award granted or to be granted to or in respect of a person who first becomes a public officer on or after Independence Day, the day on which he becomes a public officer.
(3)
For the purposes of this section, in so far as the law applicable to an award
depends on the option of the person to or in respect
of whom it is granted or to
be granted, the law for which he opts shall be taken to be more favourable to
him than any other law
for which he might have
opted.
Pensions
etc. charged on the Consolidated
Fund
131.
Awards granted under any law for the time being in force in Solomon Islands are
(except so far as they are a charge on some other
fund and are duly paid out of
that fund to the person to whom payment is due) hereby charged on and shall be
paid out of the Consolidated
Fund.
Grant and
withholding of pensions
etc.
132.-(1)
The power to grant any award under any pensions law for the time being in force
in Solomon Islands (other than an award to which,
under that law, the person to
whom it is payable is entitled as of right) and, in accordance with any
provisions in that behalf in
any such law, to withhold, reduce in amount or
suspend any award payable under any such law shall vest in the
Governor-General.
(2) The power
vested in the Governor-General by subsection (1) of this section shall be
exercised by him -
(a) in the case of an award payable in respect of the services of any person who, having been a public officer, was, immediately before the date on which he ceased to hold public office; serving as a judge of the High Court or the Court of Appeal, or Commissioner of Police, in his own deliberate judgment;
(b) in the case of an award payable in respect of the services of any person who, having been a public officer, was, immediately before the date aforesaid, serving as Ombudsman, Director of Public Prosecutions, or Public Solicitor, or in any office to which section 118 of this Constitution applies at the date of the exercise of the power, in accordance with the advice of the Judicial and Legal Service Commission;
(c) in the case of an award payable in respect of the services of any person who, having been a public officer, was, immediately before the date aforesaid, serving in any office in the Prisons Service or in the Police Force other than the office of Commissioner of Police, in accordance with the advice of the Police and Prisons Service Commission; and
(d) in the case of an award payable in respect of the services of any other person for whom no other statutory or other provision has been made, in accordance with the advice of the Public Service Commission.
(3)
In this section, "pensions law" means any law relating to the grant to any
person, or to the widow, children, dependants or personal
representatives of
that person, of an award in respect of the services of that person in a public
office.
CHAPTER XIV
MISCELLANEOUS
Powers
of appointment and acting
appointments
133.-(1)
Any reference in this Constitution to power to make appointments to any public
office shall be construed as including a reference
to power to make appointments
on promotion and transfer to that office and to power to appoint a person to act
in that office during
any period during which it is vacant or the holder thereof
is unable to perform the functions of that
office.
(2) In this Constitution,
unless the context otherwise requires, a reference to the holder of an office by
the term designating his
office shall be construed as including a reference to
any person who is for the time being lawfully acting in or performing the
functions
of that office.
(3)
Where by this Constitution any person is directed, or power is conferred on any
person or authority to appoint a person, to act
in or otherwise to perform the
functions of an office if the holder thereof is unable to perform the functions
of that office, the
validity of any performance of those functions by the person
so directed or of any appointment made in exercise of that power shall
not be
called in question in any court on the ground that the holder of the office is
not unable to perform the functions of the
office.
Reappointments
and concurrent
appointments
134.-(1)
Where any person has vacated any office established by this Constitution, he
may, if qualified, again be appointed or elected
to hold that office in
accordance with the provisions of this
Constitution.
(2) Whenever the
holder of any office constituted by or under this Constitution, or any public
office otherwise constituted, is on
leave of absence pending relinquishment of
his office -
(a) another person may be appointed to that office; and
(b) that person shall, for the purpose of any function of that office, be deemed to be the sole holder of that office.
Removal
from
office
135.-(1)
References in this Constitution to the power to remove a public officer from his
office shall be construed as including references
to any power conferred by any
law to require or permit that officer to retire from the public service and to
any power or right to
terminate a contract on which a person is employed as a
public officer and to determine whether any such contract shall or shall
not be
renewed:
Provided that
-
(a) nothing in this subsection shall be construed as conferring on any person or authority power to require any judge of the High Court or the Court of Appeal, the Ombudsman, the Director of Public Prosecutions, the Public Solicitor, the Commissioner of Police or the Auditor-General to retire from the public service; and
(b) any power conferred by any law to permit a person to retire from the public service shall, in the case of any officer mentioned in the preceding paragraph or an officer who may be removed from office by some person or authority other than a Commission established by this Constitution, vest in the Commission or other authority that, if that officer had retired, would be the appropriate Commission or authority in relation to the awards of that officer under section 132 of this Constitution.
(2)
Any provision of this Constitution that vests in any person or authority power
to remove any public officer from his office shall
be without prejudice to the
power of any person or authority to abolish any office or to any law providing
for the compulsory retirement
of public officers generally or any class of
public officer on attaining an age specified
therein.
Resignations
136.
Save as otherwise provided in sections 34, 50 and 64 of this Constitution, any
person who is appointed to or to act in any office
established by this
Constitution may resign from that office by writing under his hand addressed to
the person by whom he was appointed;
and the resignation of any person from any
such office (including any seat in Parliament) by writing under his hand
addressed in
accordance with this Constitution to any other person shall take
effect, and the office shall accordingly become vacant -
(a) at such time or on such date (if any) as may be specified in the writing; or
(b) when the writing is received by that other person, whichever is the later:
Provided
that the resignation may be withdrawn before it takes effect if the person to
whom the resignation is addressed consents
to its
withdrawal.
Performance
of functions of Commissions,
etc.
137.-(1)
Any Commission established by this Constitution may by regulations make
provision for regulating and facilitating the performance
by the Commission of
their functions under this
Constitution.
(2) Any decision by
any such Commission shall require the concurrence of a majority of all the
members thereof and, subject as aforesaid,
the Commission may act
notwithstanding the absence of any
member:
Provided that if in any
particular case a vote of all the members is taken to decide the question and
the votes cast are equally divided
the chairman shall have and shall exercise a
casting vote.
(3) Subject to the
provisions of this section, any such Commission may regulate their own
procedure.
(4) In the exercise of
their functions under this Constitution, no such Commission shall be subject to
the direction or control of
any other person or authority, except where
otherwise provided by this
Constitution.
(5) In addition to
the functions conferred upon them by or under this Constitution any such
Commission shall have such powers and
other functions (if any) as may be
prescribed.
(6) The validity of
the transaction of business of any such Commission shall not be affected by the
fact that some person who was
not entitled to do so took part in the
proceedings.
(7) The provisions of
subsections (1), (2), (3) and (4) of this section shall apply in relation to the
Committee on the Prerogative
of Mercy as they apply in relation to a Commission
established by this
Constitution.
(8) The provisions
of subsections (1), (2), (3) and (4) of this section shall apply in relation to
a tribunal established for the
purposes of section 14(4), 16(8), 80(6), 126(3)
and 129(5) of this Constitution as they apply in relation to a Commission
established
by this Constitution, and any such tribunal shall have the same
powers as the High Court in respect of the attendance and examination
of
witnesses (including the administration of oaths and the examination of
witnesses abroad) and in respect of the production of
documents.
Saving
for jurisdiction of
courts
138.
No provision of this Constitution that any person or authority shall not be
subject to the direction or control of any other person
or authority in the
exercise of any functions under this Constitution shall be construed as
precluding a court of law from exercising
jurisdiction in relation to any
question whether that person or authority has performed those functions in
accordance with this Constitution
or any other law or should not perform those
functions.
Power
to amend and revoke instruments,
etc.
139.
Where any power is conferred by this Constitution to make any proclamation,
regulation, order or rule, or to give any direction or
instructions, the power
shall be construed as including the power, exercisable in like manner, to amend
or revoke any such proclamation,
regulation, order, rule, direction or
instructions.
Consultation
140.-(1)
Where any person or authority other than the Governor-General is directed by
this Constitution to exercise any function after
consultation with any other
person or authority, that person or authority shall not be obliged to exercise
that function in accordance
with the advice of that other person or
authority.
(2) Where any person or
authority is directed by any law to consult any other person or authority before
taking any decision or action,
that other person or authority must be given a
genuine opportunity to present his or its views before the decision or action,
as
the case may be, is
taken.
Oaths
141.-(1)
Before entering upon the functions of his office a person to whom this section
applies shall take and subscribe the oath of allegiance
and such other oath (if
any) as may be prescribed by
Parliament.
(2) This section
applies to any person appointed to hold or to act in -
(a) the office of any judge of the High Court or the Court of Appeal;
(b) such other public offices as may be prescribed by Parliament; and
(c) the office of member of any Commission established by this Constitution or of the Committee on the Prerogative of Mercy.
National
Seal
142.
There shall be a national seal bearing on it such device as Parliament shall
approve by
resolution.
Establishment
of certain
offices
143.
The offices specified in sections 91 (Director of Public Prosecutions), 92
(Public Solicitor) and 96 (Ombudsman) shall be established
no later than 8th
July
1981.
Interpretation
144.-(1)
In this Constitution, unless the context otherwise requires -
"absolute majority" means at least one half of all the members plus one;
"the Commonwealth" means Solomon Islands and any country to which section 24 of this Constitution for the time being applies, and includes the dependencies of any such country;
"the Crown" means the Crown in right of Solomon Islands;
"customary law" means the rules of customary law prevailing in an area of Solomon Islands;
"functions" includes rights, duties and powers;
"the Gazette" means the Solomon Islands Gazette;
"the Government" means Her Majesty's Government of Solomon Islands;
"the Governor-General" means the Governor-General of Solomon Islands;
"the High Court" and "the Court of Appeal" mean respectively the High Court and the Court of Appeal established by this Constitution;
"high judicial office" means the office of judge of a court having unlimited jurisdiction in civil and criminal matters or a court having jurisdiction in appeals from any such court;
"Independence Day" means 7th July 1978;
"legal representative" means a person entitled to practise as an advocate or a barrister and solicitor in Solomon Islands;
"meeting" in relation to Parliament means any sittings of Parliament commencing when Parliament first meets after being summoned at any time, and terminating when Parliament is adjourned sine die or at the conclusion of a session;
"oath" includes affirmation;
"oath of allegiance" means such oath of allegiance as is prescribed in Schedule 1 to this Constitution;
"officer of the government of Honiara city" means a person holding or acting in any office of emolument in the service of an authority of the government of Honiara city;
1 of 1983, Sch.
"Parliament" means the National Parliament of Solomon Islands established by this Constitution;
"the Police Force" means the Solomon Islands Police Force;
"prescribed" means prescribed in a law:
Provided that -
(a) in relation to anything that may be prescribed only by Parliament, it means prescribed in an Act of Parliament; and
(b) in relation to anything that may be prescribed only by some other specified person or authority, it means prescribed in an order made by that other person or authority;
"the Prisons Service" means the Solomon Islands Prisons Service;
"provincial government officer" means a person holding or acting in any office of emolument in the service of a provincial government authority;
"public office" means, subject to the provisions of the next following section, an office of emolument in the public service;
"public officer" means a person holding or acting in any public office;
"public service" means the service of the Crown in a civil capacity in respect of the government of Solomon Islands;
"session" means the sittings of Parliament commencing when Parliament first meets after its prorogation or dissolution at any time and ending when Parliament is prorogued or dissolved without having been prorogued;
"sitting" means, in relation to Parliament, a period during which Parliament sits without adjournment and includes any period during which Parliament is in committee;
"Solomon Islands" means the territory which immediately before Independence Day constituted the territory under Her Majesty's protection known as the Solomon Islands;
"the Speaker" means the Speaker of Parliament.
(2)
The provisions referring to Her Majesty shall extend to Her Majesty's Heirs and
Successors in the sovereignty of the United Kingdom
of Great Britain and
Northern Ireland.
(3) Save as
otherwise provided in this Constitution, the Interpretation Act
1889(a)
shall apply, with the necessary adaptations, for the purpose of interpreting
this Constitution, and otherwise in relation thereto,
as it applies for the
purpose of interpreting, and in relation to, Acts of the Parliament of the
United Kingdom.
(a) 1889 c.63
References
to public office,
etc.
145.-(1)
In this Constitution the expression "public office" shall be construed
-
(a) as including the office of any judge of the High Court or the Court of Appeal and the office of member of any other court of law in Solomon Islands, unless the context otherwise requires;
(b) as not including -
(i) the office of any Minister, Leader of the Official Opposition, Leader of the Independent Members, Speaker or member of Parliament; or
(ii) the office of member of any Commission established by this Constitution or of the Committee on the Prerogative of Mercy.
(2)
For the purposes of this Constitution a person shall not be treated as holding,
or acting in, a public office by reason only that
he -
1 of 1983, Sch
(a) is on leave of absence pending relinquishment of a public office, or is on leave of absence without salary from a public office;
(b) is receiving a pension or other like allowance from the Crown;
(c) is a special constable or a retired or reserve member of Her Majesty's forces;
(d) is an officer of the government of Honiara city;
(dd) is a provincial government officer; or
(e) is the holder of an office in the service or appointment of the Crown, or is performing any functions on behalf of the Crown, if the only payments he receives in respect of that office or those functions are by way of travelling or subsistence allowances or a refund of out-of-pocket expenses.
___________
SOLOMON ISLANDS
SCHEDULE 1 TO THE CONSTITUTION
Sections 29, 39, 63 and 141
FORMS OF OATHS AND AFFIRMATIONS
1.
Oath of Allegiance
I, ..................., do swear [or solemnly affirm] that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Her Heirs and Successors, according to law. [So help me God.]
2.
Oath for the due execution of the office of Governor-General
I, ...................., do swear [or solemnly affirm] that I will well and truly serve Her Majesty Queen Elizabeth II, Her Heirs and Successors, in the office of Governor-General of Solomon Islands. [So help me God.]
3.
Oath for the due execution of the office of member of the
Cabinet.
I, ....................., being a member of the Cabinet, do swear [or solemnly affirm] that I will to the best of my judgment, at all times when so required, freely give my counsel and advice to the Governor-General of Solomon Islands (or any other person for the time being lawfully performing the functions of that office) for the good management of the public affairs of Solomon Islands, and I do further swear [or solemnly affirm] that I will not on any account, at any time whatsoever, disclose the counsel, advice, opinion or vote of any particular member of the Cabinet, and that I will not, except with the authority of the Cabinet and to such extent as may be required for the good management of the affairs of Solomon Islands, directly or indirectly reveal the business or proceedings of the Cabinet or any matter coming to my knowledge in my capacity as a member of the Cabinet and that in all things I will be a true and faithful member of the Cabinet. [So help me God.]
______
Section 33(1)
SCHEDULE 2 TO THE CONSTITUTION
ELECTION OF PRIME MINISTER
Calling
of election
meeting
1.
As soon as possible after a general election of members of Parliament, or
whenever there is a vacancy in the office of Prime Minister,
the
Governor-General shall convene a meeting of members for the purpose of electing
a Prime Minister by issuing to each member a
notice stating-
(a) the date, place and time of the election meeting;
(b) the place at and the date and time on which nomination papers are to be delivered to the Governor-General which time shall be not later than four days before the date appointed for the election meeting.
List
of
candidates
2.
A list specifying all candidates nominated and their respective nominators shall
be submitted by or by direction of the Governor-General
to each member prior to
the election
meeting.
Candidature
3.-(1)
All members shall be eligible for
candidature.
(2) No member shall
be a candidate unless he is nominated as such by four other members, and no
member may nominate more than one
candidate.
(3) Any candidate may
withdraw his candidature at any time before the conclusion of the
election.
Election
may be countermanded or
suspended
4.
If, at any stage of the election, a candidate dies or in the opinion of the
Governor-General is seriously incapacitated, or if for
any other reason the
election in the opinion of the Governor-General cannot or is unlikely to be
successfully completed in accordance
with paragraph 7 of this Schedule, the
Governor-General may either-
(a) countermand the election in which case the electoral procedure shall be commenced de novo; or
(b) suspend the election proceedings until some later time or day.
Method
of
voting
5.-(1)
The election shall be by secret
ballot.
(2) Each member shall have
only one vote at the first and at each subsequent ballot, if any, held in
accordance with paragraph 7 of
this
Schedule.
Conduct
of
meeting
6.-(1)
The election meeting shall be presided over and the election conducted by the
Governor-General.
(2) The
Governor-General may for the purpose of counting votes and for any other purpose
relating to the conduct of the election enlist
the assistance of such number of
public officers as he shall consider
necessary.
(3) No person other
than the Governor-General, a member, or a public officer whose assistance is
enlisted under the preceding sub-paragraph
shall be present at an election
meeting.
Voting
procedure
7.-(1)
If any candidate should at any ballot receive an absolute majority of votes he
shall thereby be elected Prime
Minister.
(2) If no candidate
should receive an absolute majority of votes at the first ballot a further
ballot shall be held wherein-
(a) the candidate who received fewest votes at the first ballot shall thereby be eliminated; or
(b) if there is a tie between two or more candidates for the fewest number of votes received at the first ballot, the Governor-General shall decide by lot which one of such candidates shall be eliminated.
(3)
If in a second ballot no candidate should receive an absolute majority of votes,
subject to subparagraph (5) of this paragraph,
further ballots shall be held
until one candidate receives an absolute majority of
votes.
(4) The procedure specified
in subparagraphs (1) and (2) of this paragraph relating to the first and second
ballots shall apply in
relation to subsequent
ballots.
(5) If, after one or more
ballots, all candidates save two have been eliminated, only one further ballot
shall be conducted to decide
the election between these two candidates at which
the candidate receiving the greater number of votes shall be elected Prime
Minister.
(6) If the ballot
conducted in accordance with the preceding subparagraph results in a tie between
the two candidates, one further
ballot shall be conducted to decide the election
between these two candidates and if there is a tie between them again, the
Governor-General
shall countermand the election and the election procedure shall
be commenced de
novo.
(7)
No ballot shall be held within a period of less than six hours after the
conclusion of the preceding
ballot.
Announcement
of
results
8.
When the count has been completed in any ballot the Governor-General shall
forthwith announce to the meeting the number of votes
received by each candidate
and, where any candidate has received an absolute majority of vote, or the
greater number of votes under
paragraph 7(5) or (6) of this Schedule, shall
declare such candidate to have been elected Prime
Minister.
Notification
of
result
9.
Upon the election of a Prime Minister, the Governor-General shall cause that
fact and the identity of the Prime Minister-
(a) to be made known to the public in such manner as to him may seem appropriate; and
(b) to be published as soon as may be in the Gazette.
Disputes
10.
Any dispute arising out of or in connection with the calling or conduct of any
election meeting or the election of the Prime Minister
under this Schedule shall
be determined by the Governor-General whose determination of the matter in
dispute shall be final and conclusive
and shall not be questioned in any
proceedings
whatsoever.
Functions
of
Governor-General
11.
The functions conferred upon the Governor-General by this Schedule shall be
exercised by him in his own deliberate judgment.
______
Section 76
SCHEDULE 3 TO THE CONSTITUTION
APPLICATION OF LAWS
1.
Subject to this Constitution and to any Act of Parliament, the Acts of the
Parliament of the United Kingdom of general application
and in force on 1st
January 1961 shall have effect as part of the law of Solomon Islands, with such
changes to names, titles, offices,
persons and institutions, and as to such
other formal and non-substantive matters, as may be necessary to facilitate
their application
to the circumstances of Solomon Islands from time to
time.
2.-(1)
Subject to this paragraph, the principles and rules of the common law and equity
shall have effect as part of the law of Solomon
Islands, save in so far
as:-
(a) they are inconsistent with this Constitution or any Act of Parliament;
(b) they are inapplicable to or inappropriate in the circumstances of Solomon Islands from time to time; or
(c) in their application to any particular matter, they are inconsistent with customary law applying in respect of that matter.
(2)
The principles and rules of the common law and equity shall so have effect
notwithstanding any revision of them by any Act of
the Parliament of the United
Kingdom which does not have effect as part of the law of Solomon
Islands.
3.-(1)
Subject to this paragraph, customary law shall have effect as part of the law of
Solomon Islands.
(2) The preceding
subparagraph shall not apply in respect of any customary law that is, and to the
extent that it is, inconsistent
with this Constitution or an Act of
Parliament.
(3) An Act of
Parliament may:-
(a) provide for the proof and pleading of customary law for any purpose;
(b) regulate the manner in which or the purposes for which customary law may be recognised; and
(c) provide for the resolution of conflicts of customary law.
4.-(1)
No court of Solomon Islands shall be bound by any decision of a foreign court
given on or after 7th July
1978.
(2) Subject to the preceding
provisions of this Schedule or any provision in that regard made by Parliament,
the operation in Solomon
Islands of the doctrine of judicial precedent shall be
regulated by practice directions given by the Chief
Justice.
5.
The provisions of this Schedule are without prejudice to the provisions of
section 5 of the Order to which the Constitution is scheduled.
___________________________
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