LAWS OF KIRIBATI
REVISED EDITION 1980
CONSTITUTION OF KIRIBATI
By virtue of the Kiribati Act 1979, Kiribati attained independence as
an Independent Republic on 12 July 1979. The following Order made provision
for a Constitution for Kiribati to come into effect on that day, including
provision for the Legislature, the Head of State, the Executive Government,
Judicature, and the Public Service. The Constitution also contains provisions
relating to citizenship of Kiribati, the special status of Banaba and
the Banabans, and fundamental rights and freedoms of the individual.
THE KIRIBATI INDEPENDENCE ORDER 1979
At the Court at Buckingham Palace, 26 June 1979
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the power in Her Majesty vested,
is pleased, by and with the advice of Her Privy Council, to order, and
it is hereby ordered, as followed-
Citation and commencement
1. (1) This Order may be cited as the Kiribati Independence Order1979.
(2) This Order shall be published by exhibition at the Maneaba ni Maungatabu
and shall come into operation on 12th July 1979 (in this Order referred
to as “Independence Day”):
Provided that section 4 (2) of this Order shall come into operation
forthwith.
Interpretation
2. (1) In this Order-
“the Constitution” means the Constitution set out in the
Schedule to this Order;
“the existing Constitution” means the Constitution set out
in Schedule 2 to the Gilbert Islands Order 1975 as amended by the Gilbert
Islands (Amendment) Order 1976, the Gilbert Islands (Amendment) Order
1977 and the Gilbert Islands (Amendment) (No.2) Order 1977;
“the House of Assembly” means the House of 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 132,133,134 (2) and 138 of the Constitution
shall apply for the purposes of interpreting sections 1 to 13 of this
Order and otherwise in relation thereto as they apply for the purposes
of interpreting and in relation to the Constitution.
Revocations
3. (1) The Gilbert and Ellice Islands Order in Council 1915, the Gilbert
Islands Order1975, the Gilbert Islands (Amendment) Order 1976, the Gilbert
Islands (Amendment) (No.2) Order 1977 are revoked.
(2) The Emergency Powers Order in Council 1939 and any Order in Council
amending that Order shall cease to have effect as part of law of Kiribati
on Independence Day.
Establishment of Constitution
4. (1) Subject to the provisions of this Order, the Constitution shall
come into effect in Kiribati on Independence 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 Beretitenti 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 Independence
Day.
Existing laws
5. (1) Subject to the provisions of this section, the existing laws shall,
notwithstanding the revocation of the existing Orders or the establishment
of a Republic in Kiribati, continue in force on and after Independence
Day as if they had been made in pursuance of this Order.
(2) The existing laws and any Act of the Parliament of the United Kingdom
or Order of Her Majesty in Council (other than the Kiribati Act 1979 or
this Order) having effect as part of the law of Kiribati or any part thereof
immediately before independence Day shall be construed with such modifications,
adaptations, qualifications and exceptions as may be necessary to bring
them into conformity with this Order.
(3) The Beretitenti may by order made at any time before 12th July 1980
make such amendments to-
(a) the existing laws; or
(b) any Act of the Parliament of the United Kingdom or Order of Her Majesty
in Council (other than the Kiribati Act 1979 or this Order) having effect
as part of the law of Kiribati or any part thereof immediately before
Independence Day,
as may appear to him to be necessary or expedient for bringing those
laws or that Act of Parliament or Order into conformity with the provisions
of this Order or otherwise for giving effect or enabling effect to be
given to those provisions.
(4) Where any matter that falls to be prescribed or otherwise provided
for under the Constitution by the Maneaba ni Maungatabu 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 Independence
Day by or under the existing Orders, that prescription or provision shall,
as from Independence Day, have effect (with such modifications, adaptations,
qualifications and exceptions as may be necessary to bring it into conformity
with the Kiribati Act 1979 and this Order) as if it had been made under
the Constitution by the Maneaba or, as the case may be, by the other authority
or person.
(5) 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.
(6) For the purposes of this section, the expression “the existing
laws” means all Ordinances, rules, regulations, orders or other
instruments having effect as part of the law of Kiribati or any part thereof
immediately before Independence Day (including any such law made before
that day and coming into operation on or after that day) which were made
or had effect as if they were made in pursuance of the existing Orders.
Existing offices
6. (1) Where any office (other than that of Minister but including that
of Chief Justice) has been established by or under the existing Orders
and the Constitution establishes a similar or an equivalent office, any
person who immediately before Independence Day holds or is acting in the
former office shall, as far as is consistent with the provisions of the
Constitution, be deemed to have been appointed or elected as from that
day to hold or to act in the latter office in accordance with the provisions
of the Constitution and to have taken any necessary oath under the Constitution:
Provided that any person who, under the existing Orders or under any
existing law, would have been required to vacate his office at the expiration
of any period or on the attainment of any age shall, unless earlier removed
in accordance with the Constitution vacate his office at the expiration
of that period or upon the attainment of that age.
(2) Where any office of Minister (other than the office of Chief Minister)
is established under the existing Orders immediately before Independence
Day, an equivalent office shall be deemed to have been established as
from that day under the Constitution, and any person holding that office
immediately before that day shall be deemed to have been appointed, immediately
after the assumption of office by the first Beretitenti of the Republic
of Kiribati, to hold the equivalent office in accordance with the provisions
of the Constitution.
(3) In this section “existing law” means such a law as is
referred to in section 5 (6) of this Order.
Maneaba ni Maungatabu
7. (1) The persons who, immediately before Independence Day, are members
of the House of Assembly shall on that day become members of the Maneaba
ni Maungatabu and shall be deemed to have taken any necessary oath under
the Constitution and shall hold their seats in the Maneaba in accordance
with the provisions of the Constitution.
(2) The persons who immediately before Independence Day is the Speaker
of the House of Assembly shall as from that day be the Speaker of the
Maneaba ni Maungatabu as if he had been elected as such in pursuance of
the Constitution and shall hold his office with the provisions of the
Constitution.
(3) The rules and orders of the House of Assembly as in force immediately
before Independence Day shall, until it is otherwise provided in pursuance
of section 67 of the Constitution, be rules of procedure of the Maneaba
ni Maungatabu but shall be construed with such modifications, adaptations,
qualifications and exceptions as may be necessary to bring them into conformity
with the Constitution.
(4) Notwithstanding anything in section 78 of the Constitution, the Maneaba
ni Mangatabu shall, unless sooner dissolved, stand dissolved on 24th February
1982.
Prerogatives and privileges of the Crown
8. Where under any law in force in Kiribati immediately before Independence
Day any prerogatives or privileges are vested in Her Majesty those prerogatives
or privileges shall, as from that day, subject to the provisions of the
Constitution, vest in the Republic.
Property and assets
9. (1) Subject to the provisions of this section, any property and assets
which immediately before Independence Day are vested in Her Majesty or
in the Governor of the Gilbert Islands, for the purposes of the Government
of the Gilbert Islands, shall, as from that day, vest in the Republic.
(2) Any property which, immediately before Independence Day, is liable
to escheat or to be forfeited to Her Majesty for the purposes of the Government
of the Gilbert Islands, shall, as from that day, be liable to escheat
or to be forfeited to the Republic.
(3) Where, immediately before Independence Day, any person holds any
property or assets in trust for Her Majesty or for the Governor of the
Gilbert Islands for the purposes of the Government of the Gilbert Islands,
that person shall, as from that day, hold such property or assets on the
like trust for the Republic.
Rights, liabilities and obligations
10. (1) All rights, liabilities and obligations of-
(a) Her Majesty in respect of the Government of the Gilbert Islands;
(b) the Governor of the Gilbert Islands or the holder of any other office
under the Crown in respect of the Government of the Gilbert Islands on
behalf of that Government, shall as from Independence Day, be rights,
liabilities and obligations of the Republic and, subject to the provisions
of any law, shall be enforceable by or against the Republic accordingly.
(2) In this section, rights, liabilities and obligations include rights,
liabilities and obligations arising from contract or otherwise (other
than any rights referred to in the preceding section and any rights, liabilities
or obligations of Her Majesty arising under any treaty, convention or
agreement with another country or with any international organization).
Legal proceedings
11. (1) All proceedings that, immediately before Independence Day are
pending before any court established by or under the existing Constitution
may be continued and concluded on and after that day before the corresponding
court established by or under the Constitution.
(2) Any decision given before Independence Day by any such court as aforesaid
shall for the purpose of its enforcement or for the purposes of any appeal
therefrom have effect on and after that day as if it were a decision of
the corresponding court established by or under the Constitution.
(3) Notwithstanding subsection (1) of this section, any appeals from
the Gilbert Islands pending before the Fiji Court of Appeal the hearing
of which by that Court has commenced before Independence Day shall be
continued and concluded on and after that day before that Court; and any
decision given by that Court shall for the purpose of its enforcement
have effect as if it were a decision of the Court of Appeal.
Jurisdiction, etc., of courts
12. Subject to the provisions of the Constitution and of any other law
for the time being in force in Kiribati, the jurisdiction of the courts
of Kiribati shall, on and after Independence Day, be exercised in accordance
with the law which governed the exercise of that jurisdiction immediately
before that day.
Alteration of this Order
13. (1) The Maneaba ni Maungatabu may alter any of the provisions of
this Order in the same manner as it may alter any of the provisions of
the Constitution.
(2) Section 69 (4) of the Constitution shall apply for the purposes 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 the said section 69 to any provision of the
Constitution and to the alteration of any such provision.
N. E. Leigh,
Clerk of the Privy Council
THE SCHEDULE TO THE ORDER
THE CONSTITUTION OF KIRIB ATI
ARRANGEMENT OF SECTIONS
Section
CHAPTER I
THE REPUBLIC AND THE CONSTITUTION
1. Declaration of Republic
2. Constitution is supreme law
CHAPTER II
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
3. Fundamental rights and freedoms of the individual
4. Protection of right to life.
5. Protection of right to personal liberty
6. Protection from slavery and forced labour
7. Protection from inhuman treatment
8. Protection from deprivation of property
9. Protection for privacy of home and other property
10. Provisions to secure protection of the law
11. Protection of freedom of conscience
12. Protection of freedom of expression
13. Protection of freedom of assembly and association
14. Protection of freedom of movement
15. Protection from discrimination on the grounds of race, etc
16. Provision for periods of public emergency
17. Enforcement of protective provisions
18. Interpretation and savings
CHAPTER III
CITIZENSHIP
19. Rights of persons of I-Kiribati descent
20. Persons born, naturalized or registered in Kiribati before Independence
Day
21. Persons born outside Kiribati before Independence Day
22. Wives of persons who become citizens on Independence Day
23. Persons entitled to be registered as citizens
24. Avoidance of dual nationality
25. Persons born after the day prior to Independence Day
26. Marriage to citizens of Kiribati
27. Commonwealth citizens
28. Powers of the Maneaba ni Maungatabu
29. Interpretation
CHAPTER IV
THE EXECUTIVE
Part I - The Beretitenti
30. The office of Beretitenti
31. First Beretitenti
32. Election of Beretitenti
33. Tenure of office of Beretitenti
34. Removal of Beretitenti on grounds of incapacity
35. Vacancy in the office of Beretitenti
36. Discharge of Beretitenti
37. Oath of Beretitenti
38. Conduct of elections of Beretitenti
Part II - The Kauoman-n-Beretitenti
39. Kauoman-ni-Beretitenti
Part III - The Cabinet
40. The Cabinet
41. The Ministers
42. Attorney-General
43. Oath of Cabinet members
44. Secretary to the Cabinet
Part IV- Executive Functions
45. Executive authority of Kiribati
46. Functions of Beretitenti
47. Functions of Ministers
48. Proceedings in Cabinet
49. Council of State
50. Prerogative of mercy
51. Constitution of offices
CHAPTER V
THE LEGISLATURE
Part 1- Composition
52. Establishment of Maneaba ni Maungatabu
53. Composition of Maneaba
54. Election of elected members
55. Qualifications for elected members
56. Disqualifications for elected membership
57. Tenure of office of elected members
58. Vacation of seat on sentence
59. Vacation of seat after petition and referendum
60. Determination of questions as to membership
61. Penalty for sitting or voting whilst unqualified
62. Electoral Commission
63. Functions of Electoral Commission
64. The franchise
65. Salaries of members
Part II - Legislation and Procedure
66. Power to make laws
67. Rules of procedure
68. Introduction of Bills, etc
69. Alteration of Constitution
70. Oath of members
71. The Speaker
72. Presiding in Maneaba
73. Voting
74. Quorum
75. Proceedings in Maneaba
76. Privileges of Maneaba
Part III - Summoning, Dissolution and Elections
77. Summoning of Maneaba
78. Dissolution of Maneaba
79. General elections and by-elections
CHAPTER VI
THE JUDICIARY
Part I - The High Court
80. Establishment of High Court
81. Appointment of judges of High Court
82. Oath of judges
83. Tenure of office of judges of High Court
84. Commissioners of High Court
85. Oath of Commissioners
86. Judge may sit after appointment has terminated
87. Seal of High Court
88. Jurisdiction of High Court in constitutional questions
89. High Court and subordinate courts
Part II - The Court of Appeal
90. Establishment of Court of Appeal
91. Judges of Court of Appeal
92. Oath of office
93. Tenure of office of judges of Court of Appeal
94. Judge may sit after appointment has terminated
95. Seal of Court of Appeal
Part III - General
96. Court officers
97. Rules of court
CHAPTER VII
THE PUBLIC SERVICE
98. Public Service Commission
99. Appointment, etc, of public employees
100. Appointment of certain public employees
101. Tenure of office of certain public employees
102. Appointment, etc., of junior police officers
103. Applicability of pensions law
104. Pensions, etc., charged on the Consolidated Fund
105. Grant and withholding of pensions, etc
CHAPTER VIII
FINANCE
106. Taxation
107. Consolidated Fund and Special Funds
108. Withdrawal of money from the Consolidated Fund
109. Authorisation of expenditure
110. Authorisation of expenditure in advance of appropriation
111. Delay in Appropriation Act owing to dissolution
112. Public debt
113. Remuneration of certain persons
114. The Auditor General
115. Public Accounts Committee
116. Interpretation
CHAPTER IX
BANABA AND THE BANABANS
117. Nomination member of Maneaba ni Maungatabu
118. Elected representation in Maneaba ni Maungatabu
119. Land on and access to Banaba
120. Movement of persons into Banaba
121. Banaba Island Council
122. Independent Commission of Inquiry
123. Appeals to Judicial Committee
124. Entrenchment
125. Interpretation
CHAPTER X
MISCELLANEOUS
126. Disciplined forces
127. Kiribati text of Constitution
128. National seal
129. Oaths
130. Resignations
131. Performance of functions of Commissions and Tribunal
132. Interpretation
133. References to public office, etc.
134. Powers of appointments and acting appointments
135. Reappointments and concurrent appointments
136. Removal from office
137. Saving for jurisdiction of courts
138. Power to amend and revoke instruments, etc.
139. Consultation
SCHEDULE 1
OATHS AND AFFIRMATIONS
SCHEDULE 2
TERRITORY OF KIRIBATI
THE CONSTITUTION OF KIRIBATI
We the people of Kiribati, acknowledging God as the Almighty Father in
whom we put trust, and with faith in the enduring value of our tradition
and heritage, do now grant ourselves this Constitution establishing a
sovereign democratic State.
In implementing this Constitution, we declare that -
1. the will of the people shall ultimately be paramount in the conduct
of the government of Kiribati;
2. the principle of equality and justice shall be upheld;
3. the natural resources of Kiribati are vested in the people and their
Government;
4. we shall continue to cherish and uphold the customs and traditions
of Kiribati.
CHAPTER 1
THE REPUBLIC AND THE CONSTITUTION
Declaration of Republic
1. Kiribati is a sovereign democratic Republic.
Constitution is supreme law
2. This Constitution is the supreme law of Kiribati and if any other
law is inconsistent with this Constitution, that other law shall, to the
extent of the inconsistency, be void.
CHAPTER II
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
Fundamental rights and freedom of the individual
3. Whereas every person in Kiribati is entitled to the fundamental rights
and freedoms of the individual, that is to say, the right, whatever his
race, place of origin, political opinions, colour, creed or sex, but subject
to respect for the rights and freedoms of others or 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 provision of this Chapter shall have effect for the purpose of affording
protection to those rights and freedoms subject to such limitations on
that protection as are contained in those provisions, being limitations
designed to ensure that the enjoyment of the said rights and freedoms
by any individual does not prejudice the rights and freedoms of others
or the public interest.
Protection of right to life
4. (1) No person shall be deprived of his life intentionally save in execution
of the sentence of a court in respect of a criminal offence under the
law in force in Kiribati of which he has been convicted.
(2) A person shall not be regarded as having been deprived of his life
in contravention of this section if he dies as the result of the use,
to such extent and in such circumstances as are permitted by law, of such
force as is reasonably justifiable-
(a) for the defence of any person from violence or for the defence of
property;
(b) in order to effect a lawful arrest or to prevent the escape of a
person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or mutiny; or
(d) in order to prevent the commission by that person of a criminal offence,
or if he dies as the result of a lawful act of war.
Protection of right to personal liberty
5. (1) No person shall be deprived of his personal liberty save as may
be authorized by law in any of the following cases, that is to say-
(a) in consequence of his unfitness to plead to a criminal charge;
(b) in execution of the sentence or order of a court, whether established
for Kiribati or some other country, in respect of a criminal offence of
which he has been convicted;
(c) in execution of the order of a court of record punishing him for
contempt of that court or of a court inferior to it;
(d) in execution of the order of a court made to secure the fulfillment
of any obligation imposed on him by law;
(e) for the purpose of bringing him before a court in execution of the
order of a court;
(f) upon reasonable suspicion of his having committed, or being about
to commit, a criminal offence under the law in force in Kiribati;
(g) in the case of a person who has not attained the age of eighteen
years, under the order of the 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 infection or contagious
disease;
(i) in the case of a person who is, or is reasonably suspected to be,
of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose
of his care or treatment or the protection of the community;
(j) for the purpose of preventing the unlawful entry of that person into
Kiribati, or for the purpose of effecting the expulsion, extradition or
other lawful removal of that person from Kiribati or for the purpose of
restricting that person while he is being conveyed through Kiribati in
the course of his extradition or removal as a convicted prisoner from
one country to another; or
(k) to such extent as may be necessary in the execution of a lawful order
requiring that person to remain within a specified area within Kiribati
or prohibiting him from being within such an area, or to such extent as
may be reasonably justifiable for the taking of proceedings against that
person relating to the making of any such order, or to such extent as
may be reasonably justifiable for restraining that person during any visit
that he is permitted to make to any part of Kiribati in which, in consequence
of any such order, his presence would otherwise be unlawful.
(2) Any person who is arrested or detained shall be informed as soon
as reasonably practicable, and in a language that he understands, of the
reasons for his arrest or detention.
(3) Any person who is arrested or detained-
(a) for the purpose of bringing him before a court in execution of the
order of a court; or
(b) upon reasonable suspicion of his having committed, or being about
to commit, a criminal offence under the law in force in Kiribati,
and who is not released shall be brought without undue delay before a
court; and if any person arrested or detained upon reasonable suspicion
of his having committed or being about to commit a criminal offence is
not tried within a reasonable time, then, without prejudice to any further
proceedings that may be brought against him, he shall be released either
unconditionally or upon reasonable conditions, including in particular
such conditions as are reasonably necessary to ensure that he appears
at a later date for trial or for proceedings preliminary to trial.
(4) Any person who is unlawfully arrested or detained by any other person
shall be entitled to compensation therefor from that other person.
Protection from slavery and forced labour
6. (1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
(3) For the purposes of this section, the expression “forced labour”does
not include-
(a) any labour required in consequence of the sentence or order of a
court;
(b) any labour required of any person while he is lawfully detained that,
though not required in consequence of the sentence or order of a court,
is reasonably necessary in the interests of hygiene of the maintenance
of the place at which he is detained;
(c) any labour required of a member of a discipline force in pursuance
of his duties as such or, in the case of a person who has conscientious
objections to service as a member of a disciplined force, any labour that
that person is require by law to perform in place of such service;
(d) any labour required during any period of public emergency or in the
event of any other emergency or calamity that threatens the life and well-being
of the community, to the extent that the requiring of such labour is reasonably
justifiable in the circumstances of any situation arising or existing
during that period or as a result of that other emergency or calamity,
for the purpose of dealing with that situation; or
(e) any labour reasonably required as part of reasonable and normal communal
or other civic obligations.
Protection from inhuman treatment
7. (1) No person shall be subjected to torture or to inhuman or degrading
punishment or other treatment.
(2) Nothing contained in or done under the authority of any law shall
be held to be inconsistent with or in contravention of this section to
the extent that the law in question authorizes the infliction of any description
of punishment that was lawful in Kiribati immediately before the coming
into operation of this Constitution.
Protection from deprivation of property
8. (1) No property of any description shall be compulsorily taken possession
of, and no interest in or right over property of any description shall
be compulsory 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 utilization
of any property for a public purpose; and
(b) there is reasonable justification for the causing of any hardship
that may result to any person having an interest in or right over the
property; and
(c) provision is made by a law applicable to that taking of possession
or acquisition-
(i) for the payment of adequate compensation within a reasonable time;
and
(ii) securing to any person having an interest in or right over the property
a right of access to the High Court, whether direct or on appeal from
any other authority, for the determination of his interest or right, the
legality of the taking of possession or acquisition of the property, interest
or right and the amount of any compensation to which he is entitled, and
for the purpose of obtaining that compensation.
(2) Nothing contained in or done under the authority of any law shall
be held to be inconsistent with or in contravention of this section-
(a) to the extent that the law in question makes provision for the taking
of possession or acquisition of any property-
(i) in satisfaction of any tax, rate or duty;
(ii) by way of penalty for breach of the law of forfeiture in consequence
of a breach of the law;
(iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale,
pledge or contract;
(iv) in the execution of judgments or orders of a court in proceedings
for the determination of civil rights or obligations;
(v) in circumstances where it is reasonably necessary so to do because
the property is in a dangerous state or injurious to the health of human
beings, animals or plants;
(vi) in consequence of any law with respect to the limitation of actions
or acquisitive prescription;
(vii) for so long only as may be necessary for the purposes of any examination,
investigation, trial or inquiry or, in the case of land, the carrying
out thereon-
(A) of work of soil conservation or of conservation of other natural
resources; or
(B) of work relating to agricultural development or improvement which
the owner or occupier of the land has been required, and has without reasonable
excuse refused or failed to carry out; or
(viii) pursuant to rights granted to any person to prospect for or mine
minerals where the law in question makes reasonable provision for the
payment of royalties and provides for adequate compensation for disturbance
of surface rights,
except so far as that provision or, as the case may be, the thing done
under the authority thereof is shown not to be reasonably justifiable
in a democratic society; or
(b) to the extent that the law in question makes provision for the taking
of possession or acquisition of-
(i) enemy property;
(ii) property of a deceased person, a person of unsound mind, a person
who has not attained the age of eighteen years or a person who is absent
from Kiribati, for the purpose of its administration for the benefit of
the persons entitled to the beneficial interest therein;
(iii) property of a person declared to be insolvent or a body corporate
in liquidation, for the purpose of its administration for the benefit
of the creditors of the insolvent or body corporate and, subject thereto,
for the benefit of other persons entitled to the beneficial interest in
the property; or
(iv) property subject to a trust, for the purpose of vesting the property
in persons
appointed as trustees under the instrument creating the trust or by a
court or, by order of a court, for the purpose of giving effect to the
trust.
(3) Nothing in this section shall be construed as affecting the making
or operation of any law for the compulsory taking of possession in the
public interest of any property, or the compulsory acquisition in the
public interest of any interest in property, where that property, interest
is held by a 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 other 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 morality, public
health, town or country planning, the development or utilisation of mineral
resources, or the development or utilization of any other property in
such a manner as to promote the public benefit;
(b) for the purpose of protecting the rights or freedoms of other persons;
(c) for the purpose of authorising an officer or agent of the Government,
a local government council or a body corporate established by law for
a public purpose to enter on the premises of any person in order to inspect
those premises or anything thereon for the purpose of any tax, rate or
duty or in order to carry out work connected with any property that is
lawfully on those premises and that belongs to that Government, council
or body corporate, as the case may be;
(d) for the purpose of authorizing the entry upon any premises in pursuance
of an order of court for the purpose of enforcing the judgment or order
of a court in any proceedings; or
(e) for the purpose of authorizing 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 charge with a criminal offence, then, unless
the charge is withdrawn, the case shall be afforded a fair hearing within
a reasonable time by an independent and impartial court established by
law.
(2) Every person who is charged with a criminal offence-
(a) shall be presumed to be innocent until he is proved or has pleaded
guilty;
(b) shall be informed as soon as reasonably practicable, in detail and
in a language that he understands, of the nature of the offence charged;
(c) shall be permitted to defend himself before the court in person or,
at his own expense, by a representative of his own choice;
(d) shall be given adequate time and facilities for the preparation of
his defence;
(e) shall be afforded facilities to examine in person or by his representative
the witnesses called by the prosecution before the court, and to obtain
the attendance and carry out the examination of witnesses to testify on
his behalf before the court on the same condition 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 or any person authorized by him in that behalf shall, if
he so requires and subject to payment of such reasonable fee as may be
prescribed by law, be given within a reasonable time after judgment a
copy for the use of the accused person of any record of the proceedings
made by or on behalf of the court.
(4) No person shall be held to be guilty of a criminal offence on account
of any act or omission that did not, at the time it took place, constitute
such an offence, and no penalty shall be imposed for any criminal offence
that is severer in degree or description than the maximum penalty that
might have been imposed for that offence at the time when it was committed.
(5) No person who shows that he has been tried by a competent court
for a criminal offence and either convicted or acquitted shall again be
tried for that offence or for any other criminal offence of which he could
have been convicted at the trial for that offence, save upon the order
of a superior court in the course of appeal or review proceedings relating
to the conviction or acquittal.
(6) No person shall be tried for a criminal offence if he shows that
he has been pardoned for that offence.
(7) No person who is tried for a criminal offence shall be compelled
to give evidence at the trial.
(8) Any court or other adjudicating authority prescribed by law for
the determination of the existence or extent of any civil right or obligation
shall be established or recognized by law and shall be independent and
impartial; and where proceedings for such a determination are instituted
by any person before such a court or other adjudicating authority, the
case shall be given a fair hearing within a reasonable time.
(9) Except with the agreement of all the parties thereto, all proceedings
of every court and proceedings for the determination of the existence
or extent of any civil right or obligation before any other adjudicating
authority, including the announcement of the decision of the court or
other authority shall be held in public.
(10) Nothing in the preceding subsection shall prevent the court or other
adjudicating authority from excluding from the proceedings persons other
than the parties thereto and their representatives to such extent as the
court or other authority-
(a) may by law be empowered so to do and may consider necessary or expedient
in circumstances where publicity would prejudice the interests of justice
or in interlocutory proceedings or in the interests of decency, public
morality, the welfare of persons under the age of eighteen years or the
protection of the private lives of persons concerned in the proceedings;
or
(b) may by law be empowered or required so to do in the interests of
defence, public safety or public order.
(11) Nothing contained in or done under the authority of any law shall
be held to be inconsistent with or in contravention of-
(a) subsection (2) (a) of this section to the extent that the law in question
imposes upon any person charged with a criminal offence the burden of
proving particular facts;
(b) subsection (2) (e) of this section to the extent that the law in
question imposes reasonable conditions that must be satisfied if witnesses
called to testify on behalf of an accused person are to be paid their
expenses out of public funds; or
(c) subsection (5) of this section to the extent that the law in question
authorizes a court to try a member of a disciplined force for a criminal
offence notwithstanding any trial and conviction and 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 to him under
that disciplinary law.
(12) In this section “criminal offence” means a criminal
offence under the law in force in Kiribati.
Protection of freedom of conscience
11. (1) Except with his own consent, no person shall be hindered in the
enjoyment of his freedom of conscience, and for the purposes of this section
the said freedom includes freedom of thought and of religion, freedom
to change his religion or belief, and freedom, either alone or in community
with others, and both in public and in private, to manifest and propagate
his religion or belief in worship, teaching, practice and observance.
(2) Every religious community shall be entitled, at its own expenses,
to establish and maintain places of education and to manage any place
of education which it wholly maintains.
(3) No religious community shall be prevented from providing religious
instruction for persons of that community in the course of any education
provided at any place of education which it wholly maintains or in the
course of any education which it otherwise provides.
(4) Except with his own consent (or, if he is a person who has not attained
the age of eighteen years, the consent of his guardian) no person attending
any place of education shall be required to receive religious instruction
or to take part in or attend any religious ceremony or observance if that
instruction, ceremony or observance relates to a religion other than his
own.
(5) No person shall be compelled to take any oath which is contrary
to his religion or belief or take any oath in a manner which is contrary
to his religion or belief.
(6) Nothing contained in or done under the authority of any law shall
be held to be inconsistent with or in contravention of this section to
the extent that the law in question makes provision which is reasonably
required-
(a) in the interests of defence, public safety, public order, public
morality or public health; or
(b) for the purpose of protecting the rights and freedoms of other persons,
including the right to observe and practice any religion without the unsolicited
intervention of members of any other religion,
and except so far as that provision or as the case may be, the thing done
under the authority thereof is shown not to be reasonably justifiable
in a democratic society.
(7) References in this section to a religion shall be construed as including
references to a religious denomination, and cognate expressions shall
be construed accordingly.
Protection of freedom of expression
12. (1) Except with his own consent, no person shall be hindered in the
enjoyment of his freedom of expression, and for the purposes of this section
the said freedom includes the freedom to hold opinions without interference,
freedom to receive ideas and information without interference, freedom
to communicate ideas and information without interference and freedom
from interference with his correspondence.
(2) Nothing contained in or done under the authority of any law shall
be held to be inconsistent with or in contravention of this section to
the extent that the law in question makes provision-
(a) in the interests of defence, public safety, public order, public
morality or public health;
(b) for the purpose of protecting the reputations, right and freedoms
of other persons or the private lives of persons concerned in legal proceedings,
preventing the disclosure of information received in confidence, maintaining
the authority and independence of the courts, or regulating the administration
or the technical operation of telephony, telegraphy, posts, wireless or
broadcasting; or
(c) that imposes restrictions upon public employees,
and except so far as that provision or, as the case may be, the thing
done under the authority thereof is shown not to be reasonably justifiable
in a democratic society.
Protection of freedom of assembly and association
13. (1) Except with his own consent, no person shall be 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 associations for the advancement or protection of
his interests.
(2) Nothing contained in or done under the authority of any law shall
be held to be inconsistent with or in contravention of this section to
the extent that the law in question makes provision-
(a) in the interests of defence, public safety, public order, public morality
or public health;
(b) for the purpose of protecting the rights or freedoms of other persons;
or
(c) that imposes restrictions upon public employees,
and except so far as that provision or, as the case may be, the thing
done under the authority thereof is shown not to be reasonably justifiable
in a democratic society.
Protection of freedom of movement
14. (1) No person shall be deprived of his freedom of movement, and for
the purposes of this section the said freedom means the right to move
freely throughout Kiribati, the right to reside in any part of Kiribati,
the right to enter and to leave Kiribati and immunity from expulsion from
Kiribati.
(2) Any restriction on a person’s freedom of movement that is
involved in his lawful detention shall not be held to be inconsistent
with or in contravention of this section.
(3) Nothing contained in or done under the authority of any law shall
be held to be inconsistent with or in contravention of this section to
the extent that the law in question makes provision-
(a) for the imposition of restrictions on the movement or residence within
Kiribati of any person or on any person’s right to leave Kiribati
that are reasonably required in the interests of defence, public safety
or public order;
(b) for the imposition of restrictions on the movement or residence within
Kiribati or on the right to leave Kiribati of persons generally or any
class of persons that are reasonably required in the interests of defence,
public safety, public order, public morality, public health, environmental
conservation or in fulfillment of the international treaty obligations
of Kiribati;
(c) for the imposition of restrictions on the movement or residence within
Kiribati of any person who is not a citizen of Kiribati or the exclusion
or expulsion from Kiribati of any such person;
(d) for the imposition of restrictions on the acquisition or use by any
person of land or other property in Kiribati;
(e) for the imposition of restrictions upon the movement or residence
within Kiribati of public employees that are reasonably required for the
purpose of ensuring the proper performance of their functions;
(f) for the removal of a person from Kiribati to be tried or punished
in some other country for a criminal offence under the law of that other
country or to undergo imprisonment in that other country in execution
of the sentence of a court in respect of a criminal offence under the
law in force in Kiribati of which he has been convicted;
(g) for the imposition of restrictions, by order of a court, on the movement
or residence within Kiribati of any person or on any person’s right
to leave Kiribati either in consequence of his having been found guilty
of a criminal offence under the law of Kiribati or for the purpose of
ensuring that he appears before a court at a later date for trial or for
proceedings relating to his extradition or lawful removal from Kiribati;
or
(h) for the imposition of restrictions on the rights of any person to
leave Kiribati in order to secure the fulfillment of any obligations imposed
upon that person by law, except so far as the provision or, as the case
may be, the thing done under the authority thereof is shown not to be
reasonably justifiable in a democratic society.
(4) If any person whose freedom of movement has been restricted by virtue
only of such a provision as is referred to in subsection (3) (a) of this
section so requests any time during the period of that restriction not
earlier than six months after he last made such a request during that
period, his case shall be reviewed by an independent and impartial Tribunal.
(5) On any review by a Tribunal in pursuance of the preceding subsection
of the case of a person whose freedom of movement has been restricted,
the Tribunal may make recommendations concerning the necessity or expediency
of continuing the restriction to the authority by which it was ordered
but, unless it is otherwise provided by law, that authority shall not
be obliged to act in accordance with any such recommendations.
Protection from discrimination on the ground of race, etc
15. (1) Subject to the provisions of subsections (4), (5) and (8) of
this section, no law shall make any provision that is discriminatory either
of itself or in its effect.
(2) Subject to the provisions of subsections (6), (7) and (8) of this
section, no person shall be treated in a discriminatory manner by any
person acting by virtue of any written law or in the performance of the
functions of any public office or any public authority.
(3) In this section, the expression “discriminatory” means
affording different treatment to different persons attributable wholly
or mainly to their respective descriptions by race, place of origin, political
opinions, colour or creed whereby persons of one such description are
subjected to disabilities or restrictions to which persons of another
such description are not made subject or are accorded privileges or advantages
which are not accorded to persons of another such description.
(4) Subsection (1) of this section shall not apply to any law so far
as that law makes provision-
(a) for the imposition of taxation or the appropriation of revenue by
the Government or any local authority or body for local purposes;
(b) with respect to person who are not citizens of Kiribati;
(c) for the application, in the case of persons of any such description
as is mentioned in the preceding subsection (or of persons connected with
such persons), of the law with respect to adoption, marriage, divorce,
burial, devolution of property on death or other like matters that is
the personal law applicable to persons of that description;
(d) with respect to land, the tenure of land, the resumption and acquisition
of land and other like purposes; or
(e) whereby persons of any such description as is mentioned in the preceding
subsection may be subjected to any disability or restriction or may be
accorded any privilege or advantage which, having regard to its nature
and to special circumstances pertaining to those persons or to persons
of any other such description, is reasonably justifiable in a democratic
society.
(5) Nothing contained in any law shall be held to be inconsistent with
or in contravention of subsection (1) of this section to the extent that
it makes provision with respect to standards or qualifications (not being
standards or qualifications specifically relating to race, place of origin,
political opinions, colour or creed) to be required of any person who
is appointed to any office in the public service, any office in a disciplined
force, any office in the service of a local government council or any
office in a body corporate established directly by any law for public
purposes.
(6) Subsection (2) of this section shall not apply to anything which
is expressly or by necessary implication authorized to be done by any
such provision of law as is referred to in subsection (4) or (5) of this
section.
(7) Subsection (2) of this section shall not affect any discretion relating
to the institution, conduct or discontinuance of civil or criminal proceedings
in any court that is vested in any person by or under this Constitution
or any other law.
(8) Nothing contained in or done under the authority of any law shall
be held to be inconsistent with or in contravention of this section to
the extent that the law in question makes provision whereby persons of
any such description as is mentioned in subsection (3) of this section
may be subjected to any restriction on the rights and freedoms guaranteed
by sections 9, 11, 12, 13, and 14 of this Constitution, being such a restriction
as is authorized by section 9 (2), 11 (6), 12 (2), 13 (2) or 14 (3), as
the case may be.
(9) Nothing contained in or done under the authority of any law shall
be held to be inconsistent with the provisions of this section-
(a) if that law was in force immediately before the coming into operation
of this Constitution and has continued in force at all times since the
coming into operation of this Constitution; or
(b) to the extent that the law repeals and re-enacts any provision which
has been contained in any enactment at all times since immediately before
the coming into operation of this Constitution.
Provisions for periods of public emergency
16. (1) In this Chapter “period of public emergency” means
any period during which-
(a) Kiribati is at war; or
(b) there is in force a proclamation made under this section.
(2) The Beretitenti, acting in accordance with the advice of the Cabinet,
may at any time declare that a state of public emergency exists and make
regulations for the purpose of dealing with the public emergency.
(3) Any declaration or regulations under the preceding subsection shall
be made by proclamation published at the office of the Beretitenti.
(4) A proclamation made under this section, if not sooner revoked, shall
cease to have effect at the expiration of 3 days, (or, in the case of
a proclamation made otherwise than during a meeting of the Maneaba ni
Mangatabu, 30 days) from the date of publication unless it has in the
meantime been approved by a resolution of the Maneaba, and a proclamation
that has been so approved shall remain in force so long as the resolution
remains in force and no longer.
(5) Nothing contained in or done under the authority of any law or regulation
shall be held to be inconsistent with or in contravention of section 5,
6 (2), 9, 11, 12, 13, 14, or 15 of this Constitution to the extent that
the law or regulation in question makes in relation to any period of public
emergency provision, or authorizes the doing during any such period of
any thing, that is reasonably justifiable in the circumstances of any
situation arising or existing during the period for the purpose of dealing
with that situation.
(6) Where a person is detained by virtue of such a law or regulation
as is referred to in the preceding subsection, the following provisions
shall apply, that is to say-
(a) he shall, as soon as reasonably practicable and in any case not more
than 10 days after the commencement of his detention, be furnished with
a statement in writing, in a language that he understands, specifying
in detail the grounds upon which he is detained;
(b) not more than 14 days after the commencement of his detention, a notification
shall be published at the office of the Beretitenti stating that has been
detained and giving particulars of the provision of law under which his
detention is authorized;
(c) not more than 1 month after the commencement of his detention, and
thereafter during his detention at intervals of not more than 6 months,
his case shall be reviewed by an independent and impartial Tribunal consisting
of a Chairman appointed by the Chief Justice and 2 other members appointed
by the Chief Justice sitting with the Public Service Commission;
(d) he shall be afforded reasonable facilities to consult a representative
of his own choice who shall be permitted to make representations to the
Tribunal; and
(e) at the hearing of his case by the Tribunal he shall be permitted to
appear in person or through a representative of his own choice.
(7) On any review by a Tribunal in pursuance of this section of the
case of a detained person, the Tribunal may make recommendations concerning
the necessity or expediency of continuing his detention to the authority
by which it was ordered but, unless it is otherwise provided by law, that
authority shall not be obliged to act in accordance with any such recommendations.
(8) Nothing in subsection (6) (d) or (e) of this section shall be construed
as entitling a person to representation at public expense.
Enforcement of protective provisions
17. (1) Subject to the provision of subsection (5) of this section, if
any person alleges that any of the provisions of sections 3 to 16 (inclusive)
of this Constitution has been, is being or is likely to be contravened
in relation to him (or, in the case of a person who is detained, if any
other person alleges such a contravention in relation to the detained
person) then, without prejudice to any other action with respect to the
same matter which is lawfully available, that person (or that other person)
may apply to the High Court for redress.
(2) The High Court shall have original jurisdiction-
(a) to hear and determine any application made by any person in pursuance
of the preceding subsection;
(b) to determine any question arising in the case of any person which
is referred to it in pursuance of the next following subsection,
and may make such orders, issue such writs and give such directions as
it may consider appropriate for the purpose of enforcing or securing the
enforcement of any the provisions of sections 3 to 16 (inclusive) of this
Constitution:
Provided that the High Court may decline to exercise its power under this
subsection if it is satisfied that adequate means of redress for the contravention
alleged are or have been available to the person concerned under other
provisions of this Constitution or under any other law.
(3) If in any proceedings in any subordinate court any question arises
as to the contravention of any of the provisions of sections 3 to 16 (inclusive)
of this Constitution, the person presiding in that court may, and shall
if any party to the proceedings so requests, refer the question to the
High Court unless, in his opinion the raising of the question is merely
frivolous or vexatious.
(4) The Maneaba ni Maungatabu may by law confer upon the High Court
powers additional to those conferred by this section for the purpose of
enabling that court more effectively to exercise the jurisdiction conferred
upon it by this section.
(5) Rules of court making provision with respect to the practice and
procedure of the High Court in relation to the jurisdiction conferred
on it by or under this section (including rules with respect to the time
within which any application or reference shall or may be made or brought)
may be made by the person or authority for the time being having power
to make rules of court with respect to the practice and procedure of that
court generally.
Interpretation and savings
18. (1) In this Chapter, unless the context otherwise requires-
“contravention”, in relation to any requirement, includes
a failure to comply with that requirement, and cognate expressions shall
be construed accordingly;
“court” means any court of law having jurisdiction in Kiribati,
other than a court established by a disciplinary laws, and includes the
Judicial Committee and in sections 4 and 6 of this Constitution a court
established by a disciplinary law;
“disciplinary law” means a law regulating the discipline
of any discipline force;
“disciplinary force” means-
(a) the Kiribati Police;
(b) the Police Service;
(c) the Marine Protection Service;
(d) the Marine Training School;
“member”, in relation to a disciplined force, includes any
person who, under the law regulating the discipline of that force, is
subject to that discipline.
(2) In relation to any person who is a member of a disciplined force
of Kiribati, nothing contained in or done under the authority of the disciplinary
law of that force shall be held to be inconsistent with or in contravention
of any of the provisions of this Chapter other than sections 4, 6 and
7.
(3) In relation to any person who is a member of a disciplined force
that is not a disciplined force of Kiribati and who is present in Kiribati
in pursuance of arrangements made between the Government of Kiribati and
another Government or an international organization, nothing contained
in or done under the authority of the disciplinary law of that force shall
be held to be inconsistent with or in contravention of any of the provisions
of this Chapter.
(4) No measures taken in relation to a person who is a member of a disciplined
force of a country with which Kiribati is at war and no law, to the extent
that it authorizes 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
Right of persons of I-Kiribati descent
19. Every person of I-Kiribati descent shall have an inalienable right
to enter and reside in Kiribati and on Independence Day shall, as hereinafter
provided, become or have and continue to have thereafter the right to
become a citizen of Kiribati.
Persons born, naturalized or registered in Kiribati before Independence
Day
20. (1) Every person of I-Kiribati descent who, having been born in Kiribati,
is on the day prior to Independence Day a citizen of the United Kingdom
and Colonies shall become a citizen of Kiribati on Independence Day.
(2) Every person not of I-Kiribati descent who, having been born in
Kiribati, is an eligible person shall become a citizen of Kiribati on
Independence Day.
(3) Every person who is of I-Kiribati descent or an eligible person
and who acquired the status of citizen of the United Kingdom and Colonies
under the British Nationality Acts 1948 to 1965 by virtue of having been
naturalized or registered under those Acts, or naturalized as a British
subject before 1949, while resident in Kiribati shall, become a citizen
of Kiribati on Independence Day.
Person born outside Kiribati before Independence Day
21. (1) Every person of I-Kiribati descent who having been born outside
Kiribati is on the day prior to Independence Day a citizen of the United
Kingdom and Colonies shall, if his father becomes or would but for his
death or renunciation of his citizenship of the United Kingdom and Colonies
have become a citizen of Kiribati by virtue of subsection (1) or (3) of
the preceding section, become a citizen of Kiribati on Independence Day.
(2) Every person not of I-Kiribati descent who having been born outside
Kiribati is an eligible person shall, if his father becomes or would but
for his death have become a citizen of Kiribati by virtue of subsection
(2) or (3) of the preceding section, become a citizen of Kiribati on Independence
Day.
Wives of person who become citizens on Independence Day
22. Every woman who, having been married to a person who becomes, or
would becomes, or would but for his death or renunciation of his citizenship
of the United Kingdom and Colonies have become, a citizen of Kiribati
by virtue of section 20 or 21 of this Constitution, acquired the status
of citizen of the United Kingdom and Colonies, automatically or by registration,
on the grounds of that marriage and who possesses that status on the day
prior to Independence Day, shall become a citizen of Kiribati on Independence
Day.
Persons entitled to be registered as citizens
23. Every person of I-Kiribati descent who does not become a citizen
of Kiribati on Independence Day by virtue of section 20, 21, or 22 of
this Constitution shall, at any time thereafter, be entitled upon making
application in such manner as may be prescribed to be registered as a
citizen of Kiribati.
Avoidance of dual nationality
24. Any person, other than person of I-Kiribati descent, who-
(a) has attained the age of 18 years before Independence Day;
(b) becomes a citizen of Kiribati by virtue of section 20 or 21 of this
Constitution; and
(c) is on Independence Day a national of some other country,
shall cease to be a citizen of Kiribati at the expiry of a period of
2 years after Independence Day or such longer period as may be prescribed,
unless before the expiry of that period he has renounced or lost his nationally
of that other country or, if the law of that other country makes no provision
for or does not permit him to renounce his nationality of that other country,
made such a declaration as may be prescribed.
Persons born after the day prior to Independence Day
25. (1) Every person born in Kiribati after the day prior to Independence
Day shall become a citizen of Kiribati at the date of his birth unless
on that date, not being a person of I-Kiribati descent or a person whose
father is a citizen of Kiribati, he becomes a citizen of some other country:
Provided that a person shall not become a citizen of Kiribati by virtue
of this subsection if at the time of his birth-
(a) his father possesses such immunity from suit and legal process as
is accorded to any envoy of a foreign sovereign power accredited to Kiribati
and neither of his parents is a citizen of Kiribati; or
(b) his father is a citizen of a country with which Kiribati is at war
and the birth occurs in a place then under occupation of such country.
(2) Every person born outside Kiribati after the day prior to Independence
Day shall become a citizen of Kiribati at the date of his birth if at
that date his father is, or would but for his death have been, a citizen
of Kiribati.
Marriage to citizen of Kiribati
26. Any women who after the day prior to Independence Day marries a person
who is or become a citizen of Kiribati shall be entitled, upon making
application in such manner as may be prescribed, to be registered as a
citizen of Kiribati.
Commonwealth citizen
27. (1) Every person who under this Constitution or any other law is
a citizen of Kiribati or under any enactment for the time being in force
in any country to which this section applies is a citizen of that country
shall, by virtue of that citizenship, have the status of a Commonwealth
citizen.
(2) Every person who is a British subject without citizenship under
the British Nationality Act 1948, continues to be a British subject under
section 2 of that Act or is a British subject under the British Nationally
Act 1965 shall, by virtue of that status, have the status of a Commonwealth
citizen.
(3) Save as may be otherwise provided by the Maneaba ni Maungatabu the
countries to which this section applies are Australia, The Bahamas, Bangladesh,
Barbados, Botswana, Canada, Cyprus, Dominica, Fiji, The Gambia, Ghana,
Grenada, Guyana, India, Jamaica, Kenya, Lesotho, Malawi, Malaysia, Malta,
Mauritius, Nauru, New Zealand, Nigeria, Papua New Guinea, Saint Lucia’
Seychelles, Sierra Leone, Singapore, Solomon Islands, Southern Rhodesia,
Sri Lanka, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Tuvalu, Uganda,
the United Kingdom and Colonies, Western Samoa and Zambia.
Powers of the Maneaba ni Maungatabu
28. The Maneaba ni Maungatabu may make provision-
(a) for the acquisition of citizenship of Kiribati to persons who are
not eligible or who are no longer eligible to become citizens of Kiribati
by virtue of this Chapter;
(b) for the renunciation by any person of his citizenship of Kiribati;
(c) for the maintenance of a register of citizens of Kiribati who are
also citizens of other countries;
(d) for depriving of his citizenship of Kiribati-
(i) any person not of I-Kiribati descent who is a citizen of Kiribati
otherwise than by virtue of this Chapter,
(ii) any other person not of I-Kiribati descent who being a citizen of
Kiribati has after the day prior to Independence Day acquired another
nationality.
Interpretation
29. (1) For the purpose of this Chapter-
(a) “a person of I-Kiribati descent” means a person one of
whose ancestors was born in Kiribati before 1900;
(b) “an eligible person” means a person who on the day prior
to Independence Day-
(i) is a citizen of the United Kingdom and Colonies, and
(ii) has no other nationality,
provided that-
(iii) neither he, his father nor his father’s father was born in
the United Kingdom or was registered or naturalized in the United Kingdom
as a citizen of the United Kingdom and Colonies or a British subject;
(c) any reference to the father of a person shall, in relation to a person
born out of wedlock, be construed as a reference to the mother of that
person;
(d) a person born aboard a registered ship or aircraft, or aboard an
unregistered ship or aircraft of the Government of any country, shall
be deemed to have been born in the place in which the ship or aircraft
was registered or, as the case may be, in that country.
(2) For the purpose of the definition of “an eligible person”
in subsection (1) (b) of this section, where a person has a nationality
other than citizenship of the United Kingdom and Colonies he shall be
deemed to have lost that other nationality if-
(a) the law of the country of that other nationality makes no provision
for or does not permit him to renounce that nationality; and
(b) he has before Independence Day signed and delivered to the Government
of the Gilbert Islands a declaration that he no longer regards himself
as having that other nationality and will not claim the benefits of that
nationality and wishes to become a citizen of Kiribati.
CHAPTER IV
THE EXECUTIVE
Part I - The Beretitenti
The office of Beretitenti
30. (1) There shall be a president of Kiribati, who shall be known as
Beretitenti.
(2) The Beretitenti shall be the Head of State and the Head of Government.
First Beretitenti
31. (1) The first Beretitenti shall be the person who immediately before
Independence Day holds the office of Chief Minster under the Constitution.
(2) The first Beretitenti shall be deemed to have assumed office at
the coming into operation of this Constitution.
Election of Beretitenti
32. (1) Nomination for and an election to the office of the Beretitenti
shall be held in such manner as is prescribed by this section and, subject
thereto, by or under law-
(a) as soon as practicable after the first sitting of the Maneaba ni
Maungatabu following a general election and before proceeding on any Bill;
(b) in the circumstances specified in section 35 (4) of this Constitution.
(2) The Maneaba shall after the election of the Speaker nominate, from
among members of the Maneaba, not less than 3 nor more than 4 candidates
for election as Beretitenti and no other person may be a candidate.
(3) Every person who is entitled to vote in a general election shall
be entitled to vote in an election of Beretitenti.
(4) A person elected to the office of Beretitenti under this section shall
assume that office on the day upon which he is declared elected.
(5) A person may assume office as Beretitenti after election on not
more than 3 occasions:
Provided that a person who assume office as Beretitenti under section
35 (2) of this Constitution may assume office as Beretitenti on not more
than 2 subsequent occasions.
Tenure of office of Beretitenti
33. (1) The Beretitenti, unless he ceases to be Beretitenti by virtue
of this section or the next following section, shall continue in office
until the person elected at the next election of Beretitenti after a general
election assumes office.
(2) The Beretitenti shall cease to be Beretitenti-
(a) if he resigns his office, by notice in writing addressed to the Speaker;
(b) if a motion of no confidence in the Beretitenti or the Government
is supported in the Maneaba ni Maungatabu by the votes of a majority of
all the members of the Maneaba;
(c) if, in respect of any matter before the Maneaba, the Beretitenti
notifies the Speaker that a vote on that matter raises an issue of confidence,
and in a subsequent vote on that matter it is rejected by a majority of
all the members of the Maneaba;
(d) if he ceases to be a member of the Maneaba otherwise than by reason
of a dissolution of the Maneaba ; or
(e) in the circumstances specified in the next following section.
Removal of Beretitenti on grounds of incapacity
34. (1) If the Maneaba ni Maungatabu resolves, upon a motion support
by the votes of a majority of all the members thereof (other than the
Beretitenti), that the question of the mental or physical capacity of
the Beretitenti to discharge the functions of his office ought to be investigated,
the Speaker shall notify the Chief Justice who shall appoint a Medical
Board consisting of not less than 3 persons who are qualified as medical
practitioners under the law of Kiribati or under the law of any other
country in the Commonwealth, and the Board shall inquire into the mater
and shall report to the Maneaba stating the opinion of the Board whether
or not the Beretitenti is, by reason of any infirmity of body or mind,
incapable of discharging the functions of his office.
(2) If the Maneaba, having received the report of the Medical Board,
resolves by a majority of all the members of the Maneaba (other than the
Beretitenti) that the Beretitenti is, by reason of infirmity of body or
mind, incapable of discharging the functions of his office, the Beretitenti
shall cease to hold office forthwith.
Vacancy in the office of Beretitenti
35. (1) If the office of Beretitenti becomes vacant by reason of the
Beretitenti ceasing to hold office by virtue of paragraph (b) or (c) of
section 33 (2) of this Constitution, the Council of State shall perform
the functions of Beretitenti until the person elected at the next election
of Beretitenti following a general election assumes office.
(2) If the office of Beretitenti becomes vacant for any other reason,
the Kauoman-ni- Beretitenti shall assume the office of Beretitenti and,
if the Maneaba ni Maungatabu by resolution confirms his assumption of
the office of Beretitenti, he shall continue to hold such office until
he ceases to be Beretitenti under section 33 of this Constitution.
(3) A person assuming the office of Beretitenti under the preceding
subsection shall, at the next following meeting of the Maneaba, propose
a motion for a resolution confirming his assumption to the office of Beretitenti,
and the motion shall be debated and decided at that meeting.
(4) If the assumption of the office of Beretitenti by the Kauoman-ni-Beretitenti
is not confirmed by the Maneaba, an election to the office of Beretitenti
shall be held before proceeding on any Bill and as soon as practicable
in accordance with section 32 of this Constitution, and the person who
assumed the office of Beretitenti under subsection (2) of this section
shall cease to be Beretitenti (unless he ceases sooner under section 33(2)
of this Constitution) when the person elected as Beretitenti at that election
assumes office.
(5) If the office of Beretitenti becomes vacant during any period when
the office of Kauoman-ni-Beretitenti is also vacant, the Cabinet shall
elect 1 of the Ministers to assume the office of Beritenti under subsection
(2) of this section, and the provisions of subsections (2), (3) and (4)
of this section shall apply to that person as if he had been Kauoman-ni-Beretitenti.
Discharge of functions of Beretitenti during absence, illness,
etc.
36. (1) Whenever the Beretitenti is absent or considers it desirable
so to do by reason of illness or accident he may, by directions in writing,
authorise the Kauoman-ni-Beretitenti to discharge such of the functions
of the office of Beretirenti as he may specify and the Kauoman-ni-Beretitenti
shall discharge those functions until his authority is revoked by the
Beretitenti.
(2) If the Beretitenti is incapable by reason of illness or accident of
discharging the functions of his office and the infirmity is of such a
nature that the Beretitenti is unable to authorize another person under
this section to discharge those functions, the Kauoman-ni- Beretitenti
shall discharge the functions of the office of Beretitenti.
(3) Any person discharging the functions of the office of Beretitenti
by virtue of the preceding subsection shall cease to discharge those functions
if he is notified by the Beretitenti that the Beretitenti is about to
resume those functions.
(4) It shall be a condition precedent to the discharge by the Kauoman-ni-Beretitenti
of the functions of the office of Beretitenti by virtue of subsection
(2) of this section that the Secretary to the Cabinet shall have a certificate
of a medical practitioner registered under the law of Kiribati that the
Beretitenti is incapable by reason of illness or accident of discharging
the functions of his office, and at the first Cabinet meeting summoned
thereafter the certificate shall be presented to the Cabinet:
Provided that any such certificate shall cease to have effect if the
Beretitenti notifies any person under the preceding subsection that he
is about to resume the functions of the office of Beretitenti.
Oath of Beretitenti
37. A person assuming the office of Beretitenti shall, before entering
upon the duties of that office, take and subscribe before the Chief Justice
an oath in the form set out in Schedule 1 to this Constitution.
Conduct of elections of Beretitenti
38. (1) The Chief Justice shall have superintendence over elections to
the office of Beretitenti, which elections shall be conducted by the Electoral
Commission.
(2) Any question which may arise as to whether-
(a) any provision of this Constitution or any law relating to the election
of a Beretitenti under section 32 of this Constitution has been complied
with; or
(b) any person has been validly elected under that section, shall be
referred to and determined by the Chief Justice whose decision shall not
be questioned in any court.
Part II - The Kauoman-ni-Beretitenti
Kauoman-ni-Beretitenti
39. (1) There shall be a vice-president of Kiribati, who shall be known
as Kauoman-ni-Beretitenti.
(2) The Beretitenti shall, as soon as practicable after assuming that
office, appoint a Kauoman- ni-Beretitenti from among the Ministers.
(3) The Kauoman-ni-Beretitenti shall cease to be Kauoman-ni-Beretitenti-
(a) if he resigns his office, by notice in writing addressed to be Beretitenti;
(b) if he ceases to be a member of the Maneaba ni Maungatabu otherwise
than by reason of a dissolution of the Maneaba;
(c) if he is removed from office by the Beretitenti;
(d) when the Beretitenti who appointed him as Kauoman-ni-Beretitenti
ceases to hold office as Beretitenti following an election of Beretitenti;
or
(e) when the Beretitenti ceases to hold office by virtue of paragraph
(b) or (c) of section 33 (2) of this Constitution.
(4) The Kauoman-ni-Beretitenti shall, before entering upon the duties
of his office, take and subscribe before the Chief Justice an oath in
the form set out in Schedule 1 to this Constitution.
(5) If the Kauoman-ni-Beretitenti is absent from Kiribati or is incapacitated
by reason of illness or any other cause of discharging the functions of
his office, the Beretitenti shall appoint one of the other Ministers to
perform the functions of the office of Kauoman-ni-Beretitenti and any
person so appointed shall discharge those functions accordingly until-
(a) his appointment is revoked by the Beretitenti;
(b) he ceases to be a Minister, or
(c) any person assumes the office of Beretitenti.
(6) Where the Kauoman-ni-Beretitenti is performing the functions of
the office of Beretitenti in accordance with section 36 of this Constitution
he may appoint one of the other Ministers to perform the functions of
the office of Kauoman-ni-Beretitenti and any person so appointed may discharge
those functions accordingly until-
(a) his appointment is revoked by the Kauoman-ni-Beretitenti;
(b) he ceases to be a Minister, or
(c) the Kauoman-ni-Beretitenti ceases to perform the functions of the
office of Beretitenti.
(7) During any period when, while the functions of the office of Beretitenti
are required under section 36(2) of this Constitution to be discharged
by the Kauoman-ni-Beretitenti, there is no Kauoman-ni-Beretitenti or the
Kauoman-ni-Beretitenti is absent from Kiribati or is incapable by reason
of illness or accident of discharging the functions of his office and
there is no subsisting appointment under the preceding subsection, the
functions of the office of Beretitenti shall be performed by such Minister
as the Cabinet shall elect:
Provided that any person performing the functions of the office of Beretitenti
under this subsection shall not exercise the power of the Beretitenti
to remove the Kauoman-ni Beretitenti from office.
(8) It shall be a condition precedent to the discharge of the functions
of the office of Beretitenti by the Minister elected under the preceding
subsection that the Secretary to the Cabinet shall have a certificate
of a medical practitioner registered under the law of Kiribati that the
Kauoman-ni- Beretitenti is incapable by reason of illness or accident
of discharging the functions of his office, and at the first Cabinet meeting
summoned thereafter the certificate shall be presented to the Cabinet:
Provided that any such certificate shall cease to have effect if the
Beretitenti or the Kauoman-ni-Beretitenti notifies the Minister elected
under the preceding subsection that he is about to resume the functions
of the office of Beretitenti.
Part III - The Cabinet
The Cabinet
40. There shall be a Cabinet which shall consist of the Beretitenti,
the Kauoman-ni-Beretitenti and not more than 10 other Ministers, and the
Attorney-General.
The Ministers
41. (1) The Beretitenti shall, as soon as practicable after assuming
that office, appoint the Ministers from among members of the Maneaba ni
Maungatabu.
(2) If occasion arises for making an appointment to the office of a
Minister while the Maneaba is dissolved under section 78(2) of this Constitution,
the Beretitenti may appoint as a Minister a person who was a member of
the Maneaba before the dissolution.
(3) A Minister shall ceases to be a Minister if-
(a) he resigns his office, by notice in writing addressed to the Beretitenti,
(b) he ceases to be a member of the Maneaba otherwise than by reason
of a dissolution of the Maneaba;
(c) he is removed from office by the Beretitenti;
(d) any person assumes the office of Beretitenti; or
(e) the Beretitenti cease to hold office by virtue of paragraph (b) or
(c) of section 33 (2) of this Constitution.
Attorney General
42. (1) There shall be an Attorney-General for Kiribati who shall be the
principal legal adviser to the Government.
(2) The Attorney-General shall be appointed, and may be removed from
office, by the Beretitenti.
(3) No person shall be qualified hold or to act in the office of Attorney-General
unless he is qualified to practice in Kiribati as an advocate in the High
Court.
(4) The Attorney-General shall have power in any case in which he considers
it desirable to do so-
(a) to institute and undertake criminal proceedings against any person
before any court established for Kiribati in respect of any offence alleged
to have been committed by that person;
(b) to intervene in, take over and continue any such criminal proceedings
that have been instituted or undertaken by any other person or authority;
and
(c) to discontinue at any stage before judgment is delivered any such
criminal proceedings instituted or undertaken by himself or any other
person or authority.
(5) The Attorney-General shall exercise all such functions as may be
from time to time conferred upon him by law.
(6) The powers of the Attorney-General under subsection (4) or (5) of
this section may be exercised by him in person or by officers subordinate
to him acting in accordance with his general or specific instructions.
(7) Subject to the provisions of the preceding subsection, the powers
conferred on the Attorney-General by subsection (4) (b) and (c) of this
section shall be vested in him to the exclusion of any other person or
authority:
Provided that where any other person or authority has instituted criminal
proceedings, nothing in this subsection shall prevent the withdrawal of
those proceedings by or at the instance of that person or authority and
with the leave of the court.
(8) In the exercise of the functions vested in him by subsection (4) of
this section the Attorney-General shall not be subject to the direction
or control of any other person or authority.
(9) For the purpose of this section, any appeal from any judgment in
any criminal proceedings before any court, any case stated or question
of law reserved for the purpose of any such proceedings, to any other
court shall be deemed to be part of those proceedings:
Provided that the power conferred on the Attorney-General by subsection
(4) (c) of this section shall not be exercised in relation to any appeal
by a person convicted in any criminal proceedings or to any case stated
or question of law reserved at the instance of such a person.
Oath of Cabinet members
43. A member of the Cabinet shall, before entering upon the duties of
his office, take and subscribe before the Chief Justice an oath in the
form set out in Schedule 1 to this Constitution.
Secretary to the Cabinet
44. (1) There shall be a Secretary to the Cabinet whose office shall
be a public office.
(2) The Secretary to the Cabinet shall be responsible, in accordance
with such instructions as may be given to him by the Cabinet, for arranging
the business for, and keeping the minutes, of the Cabinet, and for conveying
the decision of the Cabinet to the appropriate person or authority, and
shall have such other functions as the Cabinet or the Beretitenti may
direct.
Part IV- Executive Functions
Execution authority of Kiribati
45. The executive authority of Kiribati shall vest in the Cabinet, which
shall be collectively responsible to the Maneaba ni Maungatabu for the
executive functions of the Government.
Functions of Beretintenti
46. (1) In the exercise of any function conferred upon him by this Constitution
or any other law the Beretitenti shall, unless it is otherwise provided,
act in his own deliberate judgment and shall not be obliged to follow
the advice tendered by any other person or authority.
(2) Where the Beretitenti is by this Constitution or any other law directed
to exercise any function in accordance with the advice of any person or
authority, he may, before acting in accordance with such advice, once
refer it back for reconsideration by the person or authority concerned.
Functions of Ministers
47. (1) The Kauoman-ni-Beretitenti and each of the other Ministers shall
be responsible for such business of the Government (including the administration
of any department) as the Beretitenti may assign to him.
(2) Where any Minister has been charged with responsibility for the
administration of any department of government, he shall exercise direction
and control over that department and, subject to such direction and control,
the department shall be under the supervision of the Secretary to the
department, whose office shall be a public office.
Proceedings in Cabinet
48. (1) The Cabinet shall be summoned by the Beretitenti.
(2) The Beretitenti shall, so far as is practicable, attend and preside
at all meetings of the Cabinet.
(3) No business except that of adjournment shall be transacted in the
Cabinet if objection is taken by any member present that there are less
than 5 members present.
(4) Subject to the provisions of the preceding subsection, the Cabinet
shall not be disqualified for the transaction of business by reason of
any vacancy in its membership, and any proceedings of the Cabinet shall
be valid notwithstanding that some person who was not entitled to do so
took part in those proceedings.
(5) The Beretitenti shall decide what business shall be considered at
any meeting of the Cabinet.
(6) The person presiding in the Cabinet may summon any person to a meeting
of the Cabinet, notwithstanding that that person is not a member of the
Cabinet, when in the opinion of the person presiding the business before
the Cabinet makes the presence of that person desirable.
Council of State
49. (1) There shall be a Council of State, which shall consists of the
persons for the time being holding or acting in the offices of Chairman
of the Public Service Commission who shall be Chairman, Chief Justice
and Speaker.
(2) In the event of the Beretitenti ceasing to hold office in the circumstances
specified in paragraph (b) or (c) of section 33 (2) of this Constitution,
the Council of State shall perform the functions of the Beretitenti and
the other executive functions of the Government until the person elected
at the next election assumes office.
Prerogative of mercy
50. The Beretitenti, acting in accordance with the advice of the Cabinet
may –
(a) grant to any person concerned in or convicted of any offence against
the law in force in Kiribati a pardon, either free or subject to lawful
conditions;
(b) grant to any person a respite, either indefinite or for a specified
period, of the execution of any punishment imposed on that person for
any offence;
(c) substitute a less severe form of punishment for any punishment imposed
on any person for any offence; and
(d) remit the whole or part of any punishment imposed on any person for
any offence or of any penalty or forfeiture otherwise due to the Government
on account of any offence.
Constitution of offices
51. Subject to the provisions of this Constitution and of any Act, the
powers of constituting and abolishing public offices for Kiribati shall
vest in the Beretitenti, acting in accordance with the advice of the Cabinet.
CHAPTER V
THE LEGISLATURE
Part I - Composition
Establishment of Maneaba ni Maungatabu
52. There shall be a legislature for Kiribati which shall be known as
the Maneaba ni Maungatabu and shall consist of a single chamber.
Composition of Maneaba
53. (1) Subject to the provisions of this section, the Maneaba ni Maungatabu
shall be composed of-
(a) 35 elected members;
(b) the member provided for in section 117 of this Constitution; and
(c) if he is not an elected member, the Attorney-General as an ex- officio
member.
(2) A person who assumes the office of Beretitenti in accordance with
this Constitution shall not, by reason of the fact he holds that office,
cease to be a member of the Maneaba.
(3) Where a person who assumes the office of Beretitenti in accordance
with this Constitution is, at the time of assuming that office, the member
of the Maneaba for an electoral district entitled to be represented by
only 1 member, a by-election shall be held in that electoral district,
within 3 months of that person assuming the office of Beretitenti, for
the election of 1 additional member of the Maneaba.
(4) The number of elected members of the Maneaba may be altered by the
Maneaba in accordance with section 63 of this Constitution.
Election of elected members
54. (1) Subject to the provisions of this Constitution, the elected members
of the Maneaba ni Maungatabu shall be elected in such manner as may be
prescribed.
(2) For the purpose of the election of the elected members of the Maneaba,
electoral districts shall be established within Kiribati having such boundaries
and such number of elected representatives as may be prescribed.
(3) Until such time as it is otherwise provided under this Constitution,
Kiribati shall be divided into 23 electoral districts the respective boundaries
and number of elected representatives of which shall be the same as those
prescribed in the Elections Ordination 1977 for the 23 electoral districts
established by that Ordinance.
Qualifications for elected membership
55. Subject to the provisions of the next following section and of section
118 (1) of this Constitution, a person shall be qualified to be elected
as an elected member of the Maneaba ni Maungatabu if, and shall not be
so qualified unless-
(a) he is a citizen of Kiribati; and
(b) he has attained the age of 21 years.
Disqualifications for elected membership
56. (1) No person shall be qualified to be elected as an elected member
of the Maneaba ni Maungatabu who-
(a) is, by virtue of his own act, under any acknowledgement of allegiance,
obedience or adherence to a foreign power or state;
(b) is in lawful detention by reason of his having been certified to be
insane or otherwise adjudged to be of unsound mind under any law in force
in Kiribati
(c) is under sentence of death imposed on him by a court in any part
of the Commonwealth, or is serving a sentence of imprisonment (by whatever
name called) for a term of or exceeding 12 months, imposed on him by such
a court or substituted by competent authority for some other sentence
imposed on him by such a court;
(d) is disqualified from membership of the Maneaba under any law in force
in Kiribati relating to offences connected with elections;
(e) holds, or is acting in, any office the functions of which involve
any responsibility for, or in connection with, the conduct of any election
or the compilation or revision of any electoral register; or
(f) subject to such exemptions as may be prescribed by any law in force
in Kiribati, holds, or is acting in, any public office.
(2) For the purposes of paragraph (c) of the preceding subsection-
(a) 2 or more terms of imprisonment that are required to be served consecutively
shall be regarded as a single term of imprisonment for the aggregate period
of those terms; and
(b) no account shall be taken of a sentence of imprisonment imposed as
an alternative to or in default of the payment of a fine.
(3) No person shall be disqualified to be elected as an elected member
of the Maneaba by virtue of subsection (1) (a) of this section by reason
only that he possesses the nationality of a state other than Kiribati.
Tenure of office of elected members
57. Subject to the provisions of section 118 (2) of this Constitution,
the seat of an elected member of the Maneaba ni Maungatabu shall become
vacant-
(a) on a dissolution of the Maneaba;
(b) if he is absent from the sittings of the Maneaba for such period
and in such circumstances as may be prescribed in the rules of procedure
of the Maneaba;
(c) if he resigns his seat, by notice in writing addressed to the Speaker;
(d) if he ceases to be a citizen of Kiribati;
(e) if any circumstances arise which, if he were not member of the Maneaba
would cause him to be disqualified for election thereto by virtue of paragraph
(a), (b), (c), (d), (e) or (f) of subsection (1) of the preceding section;
(f) in the circumstances specified in the next following section; or
in the circumstances specified in section 59 of this Constitution.
Vacation of seat on sentence
58. (1) Subject to the provisions of this section, if an elected member
of the Maneaba ni Maungatabu is sentenced by a court in any part of the
Commonwealth to death or to imprisonment (by whatever name called), and
serves any part of such a sentence of imprisonment, he shall forthwith
cease to discharge his functions as a member of the Maneaba, and his seat
in the Maneaba shall become vacant at the expiration of a period of 30
days thereafter:
Provided that the Speaker may, at the request of the member, from time
to time extend that period 30 days to enable the member to pursue any
appeal in respect of his conviction or sentence, so, however, that extensions
of time exceeding in the aggregate 150 days shall not be granted without
the approval of the Maneaba signified by resolution.
(2) If at any time before the member vacates his seat he receives a
free pardon or his conviction is set aside or a punishment other that
imprisonment is substituted, his seat in the Maneaba shall not become
vacant under the preceding subsection and he may again discharge his functions
as a member of the Maneaba.
Vacation of seat after petition and referendum
59. (1) Subject to the provisions of subsections (6) and (7) of this
section, if the Speaker receives a petition calling for the removal of
an elected member of the Maneaba ni Maungatabu signed by a majority of
the persons who were registered as electors, at the time of the last election
of that member, in the electoral district from which that member was last
elected, he shall send the petition forthwith to the Electoral Commission.
(2) The Electoral Commission shall, as soon as practicable after receipt
of a petition under the preceding subsection, conduct a referendum to
determine whether the member named in the petition should vacate his seat
in the Maneaba.
(3) No person shall be entitled to vote in a referendum under this section
unless he was registered as an elector, at the time of the last election
of the member named in the petition, in the electoral district from which
that member was last elected.
(4) If in a referendum under this section a majority of those entitled
to vote in that referendum vote for the removal from the Maneaba of the
member named in the petition, that member shall vacate his seat in the
Maneaba forthwith.
(5) Where a member vacates his seats in the Maneaba under the preceding
subsection, a by- election shall be held within 3 months (unless the Maneaba
is sooner dissolved) to fill that seat in the Maneaba.
(6) No action shall be taken on a petition delivered to the Speaker
under this section until the expiration of 6 months following-
(a) the last occasion on which the member named in the petition was elected
to the Maneaba; or
(b) the date of any referendum held under this section which determined
that the member named in the petition was not required to vacate his seat
in the Maneaba under subsection (4) of this section.
(7) This section shall not apply to a member of the Maneaba during any
period when he is holding or acting in the office of Beretitenti, Kauoman-ni-Beretitenti
or any other Minister, or Attorney-General.
Determination of question as to membership
60. (1) The High Court shall have jurisdiction to hear and determined
any question whether-
(a) any person has been validly elected as a member of the Maneaba ni
Maungatabu; or
(b) any elected member of the Maneaba has vacated his seat therein or
is required by virtue of section 58 of this Constitution to cease to perform
his functions as a member.
(2) An application to the High Court for the determination of-
(a) any question under paragraph (a) of the preceding subsection may be
made by any person entitled to vote in the electoral district, and at
the election, to which the application relates or by any person who was
a candidate in that district at that election or by the Attorney-General;
(b) any question under paragraph (b) of the preceding subsection may
be made by any person entitled to vote at an election in the electoral
district for which the member concerned was returned or by any elected
member of member of the Maneaba or by the Attorney-General:
Provided that if such an application is made by a person other than
the Attorney-General, the Attorney-General may intervene and may then
appear or be represented in the proceedings.
(3) The Maneaba may make provision with respect to-
(a) the circumstances and manner in which and the imposition of conditions
upon which any application may be made to the High Court for the determination
of any question under subsection (1) of this section; and
(b) the powers, practice and procedure of the High Court in relation
to any such application.
(4) No appeal shall lie from any decision of the High Court in proceedings
under subsection (1) of this section.
Penalty for sitting or voting whilst unqualified
61. (1) Any person who sits or votes in the Maneaba ni Maungatabu knowing
or having reasonable grounds for knowing that he is not entitled to do
so shall be liable to a penalty not exceeding $20 for each day upon which
he so sits or votes.
(2) Any such penalty shall be recoverable by civil action in the High
Court at the suit of the Attorney-General.
Electoral Commission
62. (1) There shall be an Electoral Commission consisting of a Chief
Electoral Commissioner and not less than 2 nor more than 4 Commissioners.
(2) The members of the Commission shall be appointed by the Beretitenti,
acting in accordance with the advice of the Cabinet.
(3) The name of any person appointed as a member of the Commission shall
be laid before the Maneaba ni Maungatabu within 48 hours of the day on
which the next meeting of the Maneaba commences, and each appointment
shall stand unless the Maneaba by resolution rejects it.
(4) A person shall not be qualified for appointment as a member of the
Commission if he is a member of the Maneaba, and no person shall be qualified
for appointment as Chief Electoral Commissioner unless he is a judge or
magistrate in Kiribati.
(5) A member of the Commission shall vacate his office-
(a) at the expiration of five years after the date of his appointment,
or
(b) if any circumstances arise that, if he were not a member of the Commission,
would cause him to be disqualified for appointment as such.
Functions of Electoral Commission
63. (1) The Electoral Commission shall have general responsibility for,
and shall supervise, the registration of electors for the election of
members of the Maneaba ni Maungatabu and the conduct of elections of such
members and of referenda under this Constitution, and the Commission shall
have such other functions relating to such registration, elections and
referenda as may be prescribed.
(2) The Commission shall have responsibility for the conduct of elections
to the office of Beretitenti under the supervision of the Chief Justice.
(3) The Commission shall, at intervals of not more than 4 years, review
the number of electoral districts, the boundaries of those districts,
and the number of members of the Maneaba to be elected to represent each
electoral district, taking account of-
(a) the most recent census date for citizens of Kiribati, subject to
the provisions of section 118 (4) of this Constitution; and
(b) the movement of people within Kiribati.
(4) Having conducted a review in accordance with the preceding subsection,
the Commission shall make recommendations to the Maneaba.
(5) The Maneaba may approve or reject the recommendations of the Commission
under the preceding subsection but may not vary them; and, if so approved,
the Chairman of the Commission shall thereupon by order under this Constitution
make provision for the recommendations as have been so approved which
shall have effect as from the date of the next dissolution of the Maneaba.
The franchise
64. (1) Subject to the provisions of this section and of section 118(3)
of this Constitution, every person who-
(a) is a citizen of Kiribati;
(b) has attained the age of 18 years; and
(c) is a person resident within an electoral district established by
or under this Constitution, shall be entitled to be registered as an elector
in the electoral district in which he is resident, and when so registered
to vote at an election of a member of the Maneaba ni Mangatabu for that
electoral district.
(2) Notwithstanding the preceding subsection no person who-
(a) is serving a sentence of imprisonment (by whatever name called) for
a term of or exceeding 12 months imposed on him by a court in any part
of the Commonwealth or substituted by competent authority for some other
sentence imposed on him by such a court; or
(b) is certified to be insane or otherwise adjudged to be of unsound
mind under any law in force in Kiribati; or
(c) is disqualified from registering as an elector or voting by any law
in force in Kiribati relating to offences connected with elections.
shall be registered as an elector for an electoral district or, being
registered, shall be entitled to vote at an election.
(3) An elector shall not be entitled to have his name retained on the
register of electors for any electoral district if for a continuous period
of 12 months he has ceased to be resident within the electoral district
or if he becomes disqualified from voting under the preceding subsection.
Salaries of members
65. (1) There shall be a standing independent Maneaba Members’
Salaries Tribunal to review the salaries and allowances of members of
the Maneaba ni Maungatabu, including the salaries and allowances of the
Beretitenti, and the Kauoman-ni-Beretitenti and the other Ministers.
(2) The Tribunal shall consist of not less than 3 nor more than 5 suitably
qualified persons who shall be appointed, and may be removed, by the Chairman
of the Public Service Commission acting after consultation with the Speaker.
(3) Having conducted a review in accordance with this section, the Tribunal
shall make recommendations to the Maneaba.
Part II - Legislation and Procedure
Power to make laws
66. (1) Subject to the provisions of this Constitution, the Maneaba ni
Maungatabu shall have power to make laws for peace, order and good government
of Kiribati.
(2) The power of the Maneaba to make laws shall be exercise by Bills
passed by the Maneaba and assented to by the Beretitenti, and such laws
shall be called “Acts”.
(3) The Beretitenti may withhold his assent to a Bill only if he is
of the opinion that the Bill, if assented to, would be inconsistent with
this Constitution.
(4) If the Beretitenti withholds his assents to a Bill under the preceding
subsection, the Bill shall be returned to the Maneaba for amendment.
(5) If a Bill which has been returned to the Maneaba under the preceding
subsection is again presented to the Beretitent, and the Beretitenti is
still of the opinion that the Bill, if assented to, would be inconsistent
with this Constitution, the Beretitenti shall refer the Bill to the High
Court for a declaration as to whether or not the Bill, if assented to,
would be inconsistent with this Constitution.
(6) If the High Court declares that the Bill, if assented to, would
not be inconsistent with this Constitution, the Beretitenti shall assent
to the Bill forthwith; if the High Court declares otherwise, the Bill
shall be returned to the Maneaba.
(7) An Act shall, unless it otherwise provides, come into operation
on publication of assent by the Beretitenti.
(8) The assent of the Beretitenti to a Bill shall be published, together
with the law assented to, by exhibition at the Maneaba ni Maugatabu.
Rules of procedure
67. Subject to the provisions of this Constitution, the Maneaba ni Maungatabu
may make rules of procedure for the regulation and orderly conduct of
its proceedings.
Introduction of Bills, etc.
68. (1) Subject to the provisions of this Constitution and of the rules
of procedure of the Maneaba ni Maungatabu, any member may introduce any
Bill or propose any motion for debate in, or may present any petition
to, the Maneaba, and the same shall be debated and disposed of according
to the rules of procedure of the Maneaba.
(2) Except on the recommendation of the Cabinet signified by a Minister,
the Maneaba shall not-
(a) proceed upon any Bill (including any amendment to a Bill) which,
in the opinion of the person presiding in the Maneaba, makes provision
for imposing or increasing any tax, for imposing or increasing any charge
on the Consolidated Fund or other funds of Kiribati, or for altering any
such charge otherwise than by reducing it, or for compounding or reducing
any debt due to the Government; or proceed upon any motion (including
any amendment to a motion) the effect of which in the opinion of the person
presiding in the Maneaba is that provision would be made for any of the
purposes aforesaid.
(3) The Maneaba shall not proceed on a Bill after its first reading
in the Maneaba until the next following meeting of the Maneaba unless-
(a) the Bill has been certified as urgent by the Beretitenti; or
(b) the Maneaba expressly resolves, by a majority of all the members
of the Maneaba, to proceed with consideration of the Bill.
Alteration of Constitution
69. (1) Subject to the provisions of this Constitution, the Maneaba ni
Maungatabu may by Act alter this Constitution.
(2) Subject to the additional limitations specified in section 124 of
this Constitution, a Bill for an Act to alter any of the provisions of
this Constitution shall not be passed by the Maneaba unless-
(a) consideration of the Bill is deferred after its first reading in
the Maneaba until the next following meeting of the Maneaba; and
(b) the Bill is supported at its second reading in the Maneaba by the
votes of not less than two-thirds of all the members of the Maneaba.
(3) In so far as it alters Chapter II of this Constitution, an Act under
this section shall not come into operation unless the provisions contained
in the Act effecting that alteration have, in accordance with any law
in that behalf, been submitted to a referendum in which all persons who
are registered as electors for the purposes of a general election shall
be entitled to vote and unless those provisions have been supported by
the votes of not less than two-third of all the persons entitled to vote
in the referendum.
(4) In this section –
(a) references to this Constitution include references to any other law
in so far as that law alters the Constitution;
(b) references to altering this Constitution include references-
(i) to repealing it, with or without re-enactment thereof or the making
of different provision in lieu thereof;
(ii) to modifying it, whether by omitting or amending any of its provisions
or inserting additional provisions in it or otherwise;
(iii) to suspending its operation for any period, or terminating any such
suspension; and
(iv) to making any other provision that is repugnant to or otherwise inconsistent
with it.
Oath of members
70. No member of the Maneaba ni Maungatabu shall be permitted to take
part in the proceedings of the Maneaba (other than proceedings necessary
for the purpose of this section) until he has made before the Maneaba
an oath in the form set out in Schedule1 to this Constitution.
The Speaker
71. (1) There shall be a Speaker of the Maneaba ni Maungatabu.
(2) The Speaker shall be elected by the members of the Maneaba from
among persons who are not members of the Maneaba.
(3) The Chief Justice shall preside at any sitting of the Maneaba for
the purpose of the election of a Speaker and shall be responsible for
the conduct of any such election.
(4) A person shall vacate the office of Speaker-
(a) when the Maneaba first meets after a dissolution of the Maneaba;
(b) if he announces the resignation of his office to the Maneaba or if,
by notice in writing addressed to the Maneaba and received by the Clerk
of the Maneaba, he resigns that office;
(c) if the Maneaba so resolves by resolution supported by the votes of
not less than two-thirds of all the members of the Maneaba.
Presiding in Maneaba
72. Subject to the provisions of subsection (3) of the preceding section,
the Speaker or, in his absence or when his office is vacant, a member
of the Maneaba ni Maungatabu (not being the Beretitenti, a Minister or
the Attorney-General) elected by the Maneaba for that sitting, shall preside
at each sitting of the Maneaba.
Voting
73. (1) Subject to the provisions of this Constitution, all questions
proposed for decision in the Maneaba ni Maungatabu shall be determined
by a majority of the votes of the members present and voting.
(2) If the person presiding is –
(a) the Speaker, he shall have neither an original nor a casting vote;
(b) a member elected in accordance with the preceding section, he shall
not have an original vote but shall exercise a casting vote if on any
question the votes are equally divided.
(3) Subject to subsection (2) (b) of this section, and unless otherwise
provided in the rules of procedure of the Maneaba, if upon any question
the votes are equally divided the motion shall be declared lost.
Quorum
74. (1) If objection is taken by any member of the Maneaba ni Maungatabu
present that there are present in the Maneaba (beside the person presiding)
less than a quorum of members and after such interval as may be prescribed
in the rules of procedure of the Maneaba, the person presiding ascertains
that the number of members present is still less than a quorum of members,
he shall thereupon adjourn the Maneaba.
(2) In this section, “a quorum of members” means the number
of members that is 1 less than one-half the total number of members of
the Maneaba, or, in the event of the total number being an odd number,
1 less than the highest number that is less than one-half.
Proceedings in Maneaba
75. The Maneaba ni Maungatabu shall not be disqualified for the transaction
of business by reason of any vacancy in its membership, and any proceedings
in the Maneaba shall be valid notwithstanding that some person who was
not entitled to do so took part in those proceedings.
Privileges of Maneaba
76. (1) Subject to the provisions of this section, the Maneaba ni Maungatabu
may determine the privileges, immunities and powers of the Maneaba and
of its members.
(2) No civil or criminal proceedings may be instituted against any member
of the Maneaba for words spoken before, or written in a report to, the
Maneaba or a committee of the Maneaba, or by reason of any matter or thing
brought by him in the Maneaba or in a committee of the Maneaba.
(3) No process issued by any court in the exercise of its civil jurisdiction
shall be served or executed within the precincts of the Maneaba while
the Maneaba is sitting.
Part III - Summoning, Dissolution and Elections
Summoning of Maneaba
77. (1) Subject to the provisions of this Constitution and of the rules
of procedure of the Maneaba ni Maungatabu, each meeting of the Maneaba
shall be held at such place within Kiribati and shall commence at such
time as the Speaker may appoint.
(2) The Beretitenti or one-third of the member of the Maneaba may, subject
to the provisions of this Constitution and of the rules of procedure of
the Maneaba, advise the Speaker to summon the Maneaba at any times.
(3) Meetings of the Maneaba shall be held within 30 days of the second
ballot in a general election and shall otherwise be held so that a period
of 12 months does not intervene between the end of one meeting and the
first sitting of the Maneaba in the next meeting.
Dissolution of Maneaba
78. (1) The Maneaba ni Maungatabu shall stand dissolved-
(a) if a motion of no confidence in the Beretitenti or the Government
is supported in the Maneaba by the votes of a majority of all the members
of the Maneaba; or
(b) if, in respect of any matter before the Maneaba, the Beretitenti
notifies the Speaker that a vote on that matter raises an issue of confidence,
and in a subsequent vote on that matter it is rejected by a majority of
all the members of the Maneaba.
(2) The Maneaba, unless sooner dissolved under the preceding subsection,
shall continue for 4 years from the date of the first sitting of the Maneaba
after any general election and shall then stand dissolved.
General elections and by-elections
79. (1) There shall be a general election within 3 months of every dissolution
of the Maneaba ni Maungatabu.
(2) Except when the Maneaba is sooner dissolved, there shall be a by-election
within 3 months of a member’s seat falling vacant in the Maneaba
in order to fill that seat.
CHAPTER VI
THE JUDICIARY
Part I - The High Court
Establishment of High Court
80. (1) There shall be a High Court of Kiribati which shall be a superior
court of record with such jurisdiction and powers as may be prescribed
by this Constitution or by any law in force in Kiribati.
(2) The Judge of the High Court shall be the Chief Justice and such number
of other judges, if any, as may be prescribed.
Appointment of judges of High Court
81. (1) The Chief Justice shall be appointed by the Beretitenti, acting
in accordance with the advice of the Cabinet tendered after consultation
with the Public Service Commission.
(2) The other judges of the High Court, if any, shall be appointed by
the Beretitenti, acting in accordance with the advice of the Chief Justice
sitting with the Public Service Commission.
(3) A person shall not be qualified to be appointed as Chief Justice
or other judge of the High Court unless he has held office as a judge
in any country or has been qualified for not less than 5 years to practice
as a barrister or solicitor.
Oath of judges
82. Every judge of the High Court shall, before entering upon the duties
of his office, take and subscribe before the Beretitenti an oath in the
form set out in Schedule 1 to this Constitution.
Tenure of office of judges of High Court
83. (1) Subject to the provisions of this section, the office of a judge
of the High Court shall become vacant upon the expiration of the period
of his appointment to that office.
(2) A judge of the High Court may be removed from office only for inability
to discharge the functions of his office (whether arising from infirmity
of body or mind or any other cause) or for misbehavior and shall not be
removed except in accordance with the provisions of the next following
subsection.
(3) A judge of the High Court may be removed from office by the Beretitenti
in pursuance of a resolution of the Maneaba ni Maungatabu if the question
of the removal of that judge has been referred to a Tribunal appointed
under the next following subsection and the Tribunal has advised the Maneaba
that he ought to be removed from office for inability as aforesaid or
for misbehavior.
(4) If the Beretitenti considers, or the Maneaba resolves, that the
question of removing a judge of the High Court from office for inability
as aforesaid or for misbehavior ought to be investigated, then-
(a) the Beretitenti shall appoint a Tribunal which shall consist of a
Chairman and not less than 2 other members, 1 of whom holds or has held
judicial office; and
(b) the Tribunal shall inquire into the matter and report on the facts
thereof to the Maneaba and advise the Maneaba whether that judge should
be removed under this section.
(5) If the question of removing a judge of the High Court from office
has been referred to a Tribunal under the preceding subsection, the Beretitenti
may suspend that judge from performing the functions of his office, and
any such suspension may at any time be revoked by the Beretitenti and
shall in any case cease to have effect if the Tribunal advises the Maneaba
that that judge should not be removed from office.
Commissioners of High Court
84. (1) Whenever he is satisfied that no or insufficient judges of the
High Court are available to attend to the business of the High Court,
the Beretitenti, acting in accordance with the advice of the Chief Justice
sitting with the Public Service Commission, may appoint a person who is
qualified to practice as a barrister or solicitor in Kiribati to perform-
(a) all or any of the functions of a judge of the High Court either generally
or in respect of any particular case or class of cases, or
(b) such functions of a judge of the High Court as it shall appear to
the person appointed under this section require to be performed without
delay.
subject to such limitation and condition, if any, as may be specified
in the instrument of appointment.
(2) A person appointed under this section shall be called a Commissioner
of the High Court, and all things done by him in accordance with the terms
of his appointment shall have the same validity and effect as if they
had been done by a judge of the High Court and in respect thereof he shall
have the same powers and enjoy the same immunities as if he had been a
judge of the High Court.
Oath of Commissioners
85. Every Commissioner of the High Court shall, before entering upon
the duties of his office, take and subscribe before the Beretitenti an
oath in the form set out in Schedule 1 to this Constitution.
Judge may sit after appointment has terminated
86. A judge of the High Court whose appointment has terminated otherwise
than by reason of his removal from office may sit as a judge of that of
that Court for the purpose of giving judgment or otherwise in relation
to any proceedings commenced before him while his appointment was subsisting.
Seal of High Court
87. (1) The High Court shall have, and use as occasion requires, a seal
bearing on it the words ” The High Court of Court Kiribati”
and such device as the Maneaba ni Maungatabu shall approve.
(2) Until such time as a seal is approved such stamp as the Chief Justice
may authorise shall be used in place of a seal.
Jurisdiction of High Court in constitutional questions
88. (1) Subject to the provisions of this Constitution, if any person
alleges that any provision of this Constitution (other than Chapter II)
has been contravened and that his interests are being or are likely to
be affected by such contravention, then, without prejudice to any other
action with respect to the same matter which is lawfully available, that
person may apply to the High Court for a declaration and for relief under
this section.
(2) The High Court shall have jurisdiction, in any application made
by any person under the preceding subsection or in any other proceedings
lawfully brought before the Court, to determine whether any provision
of this Constitution (other than Chapter II) has been contravened and
to make a declaration accordingly:
Provided that the High Court shall not make a declaration in pursuance
of the jurisdiction conferred by this subsection unless it is satisfied
that the interests of the person by whom the application under the preceding
subsection is made or, in the case of other proceedings before the Court,
a party to those proceedings, are being or are likely to be affected.
(3) Where the High Court makes a declaration under the preceding subsection
that any provision of this Constitutions has been contravened and the
person by whom the application under subsection (1) of this section was
made or, in the case of other proceedings before the Court, the party
in those proceedings in respect of whom the declaration is made, seeks
relief, the High Court may grant to that person such remedy, being a remedy
available against any person in any proceedings in the High Court under
any law in force in Kiribati, as the Court considers appropriate.
(4) Nothing in the foregoing provisions of this section shall confer
jurisdiction on the Court to hear or determine any such question as is
referred to in section 60 or 117 of this Constitution otherwise than upon
an application made in accordance with that section.
(5) The High Court shall have jurisdiction to make a declaration as
to whether any Bill referred to it by the Beretitenti under section 66
(5) of this Constitution, if assented to, would be inconsistent with this
Constitution.
(6) Subject to the provisions of this Constitution, the High Court shall
have original jurisdiction to hear and determine any question as to the
interpretation to this Constitution:
Provided that the following authorities only are entitled to make application
to the Court under this subsection-
(a) the Beretitetinti, acting in accordance with the advice of the Cabinet;
(b) the Attorney-General; and
(c) the Speaker.
High Court and subordinate courts
89. (1) The High Court shall have jurisdiction to supervise any civil
or criminal proceedings before by subordinate court and may make such
orders, issue such writs and give such directions as it may consider appropriate
for the purpose of ensuring that justice is duly administered by any such
court.
(2) Where any question as to the interpretation of any provision of
this Constitution (other than Chapter II) arises in any subordinate court
and the court is of the opinion that the question involves a substantial
question of law, the court shall refer the question to the High Court.
(3) Where any question is referred to the High Court under the preceding
subsection, the High Court shall give its decision upon the question and
the court in which the question arose shall dispose of the case in accordance
with that decision or, if that decision is the subject of an appeal to
the Court of Appeal or to the Judicial Committee, in accordance with the
decision of the Court of Appeal or the Judicial Committee.
Part II - The Court of Appeal
Establishment of Court of Appeal
90. There shall be a Court of Appeal for Kiribati which shall be a superior
court of record and shall have such jurisdiction and powers to hear and
determine appeals as may be conferred on it by any law in force in Kiribati.
Judges of Court of Appeal
91. (1) The judges of the Court of Appeal shall be-
(a) the Chief Justice and the other judges of the High Court; and
(b) such persons, possessing the qualifications prescribed in section
81(3) of this Constitution, as may be appointed from time to time by the
Beretitenti, acting in accordance with the advice of the Chief Justice
sitting with the Public Service Commission.
(2) An appointment under paragraph (b) of the preceding subsection shall
be for a period of time or for the trial or hearing of particular causes
or matters, as may be specified in the instrument of appointment.
(3) The President of the Court of Appeal shall be appointed by the Beretitenti,
acting in accordance with the advice of the Cabinet tendered after consultation
with the Public Service Commission.
(4) Any 3 judges of the Court of Appeal may exercise all the powers
of the Court:
Provided that the Court may have its judgment delivered by any one of
its members who is also a judge of the High Court, and if there is no
such member then through the Chief Registrar.
(5) Any judgment of the Court of Appeal shall be in accordance with
the opinion of the majority of the judges present.
(6) A judge of the Court of Appeal shall not sit as a judge of the Court
on the hearing of an appeal-
(a) from any decision given by himself or any decision given by any court
of which he was sitting as a member; or
(b) against a conviction or sentence if he was the judge by or before
whom appellant was convicted.
(7) Nothing in this section shall preclude the offices of Chief Justice
and President of the Court of Appeal from being held by the same person.
Oath of office
92. Every person appointed under section 91(1) (b) of this Constitution
shall, before entering upon the duties of his office, take and subscribe
before the Beretitenti an oath in the form set out in Schedule 1 to this
Constitution.
Tenure of office of judges of Court of Appeal
93. (1) Subject to the provisions of this section, the office of a judge
of the Court of Appeal shall become vacant upon the expiration of the
period of his appointment to that office.
(2) A judge of the Court of Appeal may be removed from office only for
inability to discharge the functions of his office (whether arising from
infirmity of body or mind or any other cause) or for misbehaviour and
shall not be removed except in accordance with the provisions of the next
following subsection.
(3) A judge of the Court of Appeal may be removed from office by the Beretitenti
in pursuance of a resolution of the Maneaba ni Maungatabu if the question
of the removal of that judge from office has been referred to a Tribunal
appointed under the next following subsection and the Tribunal has advised
the Maneaba that he ought to be removed from office for inability as aforesaid
or for misbehavior.
(4) If the Beretitenti considers, or the Maneaba resolves, that the
question of removing a judge of the Court of Appeal from office for inability
as aforesaid or for misbehavior ought to be investigated, then-
(a) the Beretitenti shall appoint a Tribunal which shall consist of a
Chairman and not less than 2 other members, 1 of whom holds or has held
high judicial office; and
(b) the Tribunal shall inquire into the matter and report on the facts
thereof to the Maneaba and advise the Maneaba whether that judge should
be removed under this section.
(5) If the question of removing a judge of the Court of Appeal from
office has been referred to a Tribunal under the preceding subsection,
the Beretitenti may suspend that judge from performing the functions of
his office, and any such suspension may at any time be revoked by the
Beretitenti and shall in any case cease to have effect if the Tribunal
advises the Maneaba that that judge should not be removed from office.
Judge may sit after appointment has terminated
94. A judge of the Court of Appeal whose appointment has terminated otherwise
than by reason of his removal from office may sit as a judge of that Court
for the purpose of giving judgment or otherwise in relation to any proceedings
commenced before him while his appointment was subsisting.
Seal of Court
95. (1) The Court of Appeal shall have, and use as occasion requires,
a seal bearing on it the words “The Court of Appeal of Kiribati”
and such device as the Maneaba ni Maungatabu shall approve.
(2) Until such time as a seal is approved such stamp as the President
of the Court of Appeal may authorize shall be used in place of a seal.
Part III - General
Court Officers
96. (1) There shall be such registrars and other officers of the High
Court and the Court of Appeal as the Chief Justice, subject to any law
in force in Kiribati, may appoint, and every such registrar or other officer
shall discharge such duties as may be prescribed by law or by rules of
court or as a judge of the High Court or of the Court of Appeal may direct:
Provided that a judge may, subject to any directions given by the Chief
Justice, appoint a person temporarily to discharge, in relation to any
case or matter, the duties of a registrar or other officer of the High
Court or the Court of Appeal, and such person shall discharge such duties
accordingly.
(2) Any appointment made under this section may, at any time, be determined
by the Chief Justice, acting after consultation with the Public Service
Commission.
Rules of court
97. There shall be a Rules Committee, consisting of the Chief Justice,
the President of the Court of Appeal, and the Attorney-General (who shall
constitute a quorum) and such other persons, not exceeding 2 in number,
as the Beretitenti may appoint, which may make rules of court regulating
the practice and procedure of the High Court and the Court of Appeal,
the admission of legal practitioner to practice in Kiribati, prescribing
the fees to be paid in respect of any proceedings and generally for making
provision for the proper and effectual exercise of the jurisdiction of
the High Court and the Court of Appeal, including the procedure for the
making and hearings of appeals to the High Court from subordinate courts
and for the making and hearing of appeals from the High Court to the Court
of Appeal:
Provided that rules prescribing or affecting the amount of any fees
or the recovery thereof shall not come into operation unless approved,
either before or after being made, by the Maneaba ni Maungatabu.
CHAPTER VII
THE PUBLIC SERVICE
Public Service Commission
98. (1) There shall be a Public Service Commission which shall consist
of a Chairman and 4 other Commissioners who shall be appointed, and may
be removed, by the Beretitenti, acting in accordance with the advice of
the Speaker and the Chief Justice acting jointly.
(2) The Commissioners shall be appointed for 3 years or for such lesser
period as may be specified by the Beretitenti in their respective instruments
of appointment
(3) A person shall be disqualified for appointment as a Commissioner
if he is a member of the Maneaba ni Maungatabu or a public employee.
(4) A person shall not, while he holds or is acting in the office of a
Commissioner or within a period of 18 months commencing with the date
on which he last held or acted in that office, be eligible for appointment
to or to act in any public office.
(5) The office of a Commissioner shall become vacant-
(a) at the expiration of the period of his appointment;
(b) if he becomes a member of the Maneaba; or
(c) if he is removed from office in accordance with subsection (1) of
this section.
Appointments, etc., of public employees
99. (1) Subject to the provisions of this Constitution power to make
appointments to pubic offices, and to remove and to exercise disciplinary
control over persons holding or acting in such offices, is vested in the
Beretitenti, acting in accordance with the accordance with the advice
of the Public Service Commission.
(2) The Beretitenti may delegate to the Public Service Commission his
power to make appointment to certain public offices or certain classes
of public office.
(3) The Public Service Commission shall have such other functions as
may be prescribed.
Appointment of certain public employees
100. (1) Power to make appointments to the offices of Secretary to the
Cabinet and Secretary to a department of government, and power to transfer
the holders of such offices to other posts of equivalent rank, is vested
in the Beretitenti, acting in accordance with the advice of the Public
Service Commission.
(2) Power to make appointments to the office of Auditor General is vested
in the Beretitenti, acting in accordance with the advice of the Public
Service Commission.
(3) Power to make appointment to the office of Commissioner of Police
is vested in the Beretitenti, acting in accordance with the advice of
the Cabinet tendered after consultation with the Public Service Commission.
Tenure of office of certain public employees
101. (1) The provisions of this section, shall apply in relation to person
holding the offices of Auditor General and Commissioner of Police.
(2) Subject to the provisions of this section, a person to whom this
section applies shall vacate his office when he attains the age of 55
years:
Provided that the Beretitenti may permit a person to whom this section
applies who attains the age of 55 years to continue in office until he
has attained such later age as may have been agreed between the Beretitenti
and that person.
(3) A person to whom this section applies may be removed from office
only for inability to discharge the functions of his office (whether arising
from infirmity of body or mind or any other cause) or of misbehaviour
and shall not be so removed except in accordance with the provisions of
the next following subsection.
(4) A person to whom this section applies shall be removed from office
by the Beretitenti if the question of his removal from office has been
referred to a Tribunal appointed under the next following subsection and
the Tribunal has recommended to the Beretitenti that he ought to be removed
from office for inability as aforesaid or for misbehaviour.
(5) If the Beretitenti considers that the questions of removing a person
to whom this section applies from office for inability as aforesaid or
for misbehaviour ought to be investigated, then-
(a) the Beretitenti shall appoint a Tribunal, which shall consist of a
Chairman who is a person who holds or has held judicial office, and not
less than 2 other members; and
(b) that Tribunal shall inquire into the matter and report on the facts
thereof to the Beretitenti and recommend to the Beretitenti whether the
person ought to be removed from office for inability as aforesaid or for
misbehaviour.
(6) If the question of removing the Commissioner of Police has been
referred to a Tribunal under the preceding subsection the Beretitenti,
acting in accordance with the advice of the Chairman of the Public Service
Commission, may suspend the Commissioner from performing the functions
of his office and any such suspension may at any time be revoked by the
Beretitenti, acting as aforesaid, and shall in any case cease to have
effect if the Tribunal recommends to the Beretitenti that the Commissioner
should not be removed.
(7) The provisions of this section shall not apply in relation to employees
a person appointed to act in any office referred to in subsection (1)
of this section during any period when that office is vacant or the holder
thereof is unable to perform the functions of his office; and the appointment
of such a person may be revoked by the Public Service Commission at any
time before the expiration of that period.
Appointment, etc., of junior police officers
102. (1) Power to make appointments to any office in the Kiribati Police
below the rank of Assistant Superintendent, to remove and to exercise
disciplinary control over persons holding or acting in such offices, is
vested in the Commissioner of Police.
(2) There shall be a right of appeal to the Public Service Commission
from any decision of the Commission of Police in exercise of his power
of removal or disciplinary control under the preceding subsection.
(3) The Commissioner of Police may, subject to such conditions as he
thinks fit, delegate any of his powers under subsection (1) of this section,
by directions in writing, to any other officer of the Kiribati Police.
Applicability of pensions law
103. (1) Subject to the provisions of section 105 of this Constitution,
the law applicable to the grant and payment to any person, or his widow,
children, dependents or personal representatives, of any pension, gratuity
or other like allowance (in this section and sections 104 and 105 of this
Constitution referred to as an “award”) in respect of the
service of that person in a public office shall be that in force on the
relevant day or any later law not less favourable to the person concerned.
(2) For the purposes of this section the relevant day is-
(a) in relation to an award granted before Independence Day, the day on
which the award was granted;
(b) in relation to an award granted or to be granted on or after Independence
Day to or in respect of a person who was a public employee before that
day, the day immediately before that day;
(c) in relation to an award granted or to be granted to or in respect
of a person who first becomes a public employee on or after Independence
Day, the day on which he becomes a public employee.
(3) For the purposes of this section, in so far as the law applicable
to an award depends on the option of the person to or in respect of whom
it is granted or to be granted, the law for which he opts shall be taken
to be more favourable to him than any other law for which he might have
opted.
Pensions, etc., charge on the Consolidate fund
104. Awards granted under any law in force in Kiribati are (except so
far as they are a charge on some other fund and are duly paid out of that
fund to the person to whom payment is due) hereby charged on and shall
be paid out of the Consolidated Fund.
Grant and withholding of pensions, etc.
105. (1) The power to grant any award under any pensions law in force
in Kiribati (other than an award to which, under that law, the person
to whom it is payable is entitled as of right) and, in accordance with
any provisions in that behalf in any such law, to withhold, reduces in
amount or suspends any award payable under any such law shall vest in
the Beretitenti, acting in accordance with the advice of the Public Service
Commission.
(2) In this section, “pensions law” means any law relating
to the grant to any person, or to the widow, children, dependents or personal
representatives of that person, of an award in respect of the services
of that person in a public office.
CHAPTER V III
FINANCE
Taxation
106. No taxation shall be imposed or altered except by or under law.
Consolidated Fund and Special Funds
107. (1) There shall be in and for Kiribati a Consolidated Fund into
which, subject to the provisions of any law in force in Kiribati, shall
be paid all revenues of the Government.
(2) The Maneaba ni Maungatabu may make provision for the establishment
of Special Funds, which shall not form part of the Consolidated Fund.
(3) The receipts, earnings and accruals of Special Funds established under
this section and the balance of such funds to the close of each financial
year shall not be paid into the Consolidated Fund but shall be retained
for the purposes of those funds.
Withdrawal of money from the Consolidated Fund
108. (1) No money shall be issued from the Consolidated Fund except upon
the authority of a warrant under the hand of the Minister of Finance.
(2) No warrant shall be issued by the Minister of Finance for the purpose
of meeting any expenditure unless-
(a) the expenditure has been authorized for the financial year during
which the issue is to take place by an Appropriation Act; or
(b) the expenditure has been authorized in accordance with the provisions
of section 109 (4), 110 or 111 of this Constitution; or
(c) it is statutory expenditure.
Authorisation of expenditure
109. (1) The Minister of Finance shall cause to be prepared and laid before
the Maneaba ni Maungatabu before or not later than 60 days after the commencement
of each financial year estimates of the revenues and expenditure of the
Government for that year.
(2) The heads of expenditure contained in the estimates (other than
statutory expenditure) shall be included in a Bill to be known as an Appropriation
Bill which shall be introduced into the Maneaba to provide for the issue
from the Consolidated Fund of the sums necessary to supply those heads
and the appropriation of those heads and the appropriation of those sums
for the purposes specified therein.
(3) If in respects of any financial years it is found that the sum appropriated
by the Appropriation Act for any purpose is insufficient or that a need
has arisen for expenditure for a purpose for which no sum has been appropriated
by that law, a supplementary estimate showing the sums required shall
be included in a Supplementary Appropriation Bill for appropriation.
(4) Where in respect of any financial year the Minister of Finance is
satisfied that an urgent and unforeseen need has arisen to authorise for
any purpose advances from the Consolidated Fund for expenditure in excess
of the sum appropriated for that purpose by an Appropriation Act, or for
a purpose for which no sum has been so appropriated, he may, subject to
the provisions of any law in force in that regard, authorize such advances
by warrant and shall include such amount in a Supplementary Appropriation
Bill for appropriation at the meeting of the Maneaba next following the
date on which the warrant was issued.
(5) If at the close of account for any financial year it is found that
any moneys have been expended on any head in excess of the sum appropriated
for that head by an Appropriation Act or for a purpose for which no money
has been appropriated, the excess or the sum expended but not appropriated
as the case may be shall be included in a statement of heads in excess
which, together with the report of the report of the Pubic Accounts Committee
thereon, shall be presented to the Maneaba.
(6) Statutory expenditure shall not be voted on by the Maneaba but, without
further authority of the Maneaba, shall be paid out of the Consolidated
Fund by warrant under the hand of the Minister of Finance.
Authorisation of expenditure in advance of appropriation
110. If the Appropriation Act in respect of any financial year has not
come into operation by the beginning of that financial year, the Maneaba
ni Maungatabu by resolution may empower the Minister of Finance to authorize
the issue of moneys from the Consolidated Fund for the purpose of meeting
expenditure necessary to carry on the public services at a level not exceeding
the level of these services in the previous financial year, until the
expiration of 4 months from the beginning of that financial year or the
coming into operation of the Appropriation Act, whichever is the earlier.
Delay in Appropriation Act owing to dissolution
111. Where at any time the Maneaba ni Maungatabu has been dissolved before
any provision or any sufficient provision is made under this Chapter for
the carrying on of the government of Kiribati, the Minister of Finance
may issue a warrant for the payment out of the Consolidated Fund of such
sums as he may consider necessary for the continuance of the public services
at a level not exceeding the previous financial year, until the expiration
of 3 months from the date on which the Maneaba first meets after that
dissolution, but a statement of the sums so authorized shall, as soon
as practicable, be laid before the Maneaba and the aggregate sums shall
be included, under the appropriate heads, in the next Appropriate heads,
in the Appropriation Bill.
Public debt
112. (1) There shall be charged on the Consolidated Fund all debt charges
for which the Government is liable.
(2) For the purposes of this section debt charges include interest,
sinking fund charges, the repayment or amortisation of debt, and all expenditure
in connection with the raising of loans on the security of the revenue
of the Government or the Consolidated Fund and the service and redemption
of debt thereby created.
Remuneration of certain persons
113. (1) There shall be paid to the holders of the office to which this
section applies such salary or other remuneration and such allowances
as may be prescribed.
(2) The remuneration and allowances payable to the holders of those offices
are hereby charged on and shall be paid out of the Consolidated Fund.
(3) The remuneration prescribed under this section in respect of the
holder of any such office and his other terms of service (other than allowances
that are not taken into account in computing, under any law in that behalf,
any pension payable in respect of his service in that office) shall not
be altered to his disadvantage after his appointment except as part of
any alteration generally applicable to public employees.
(4) Where a person’s remuneration or other terms of service depend
upon his option, the remuneration or terms for which he opts shall, for
the purposes of the preceding subsection, be deemed to be more advantageous
to him than any others for which he might have opted.
(5) This section applies to the offices of Speaker, Chief Justice and
other judges of the High Court, President and other judges of the Court
of Appeal, Attorney-General (if he is not an elected member of the Maneaba),
Auditor General, Commissioner of Police, Chief Electoral Commissioner
and other members of the Electoral Commission, and Chairman and other
members of the Public Service Commission.
The Auditor General
114. (1) There shall be an Auditor General whose office shall be a public
office.
(2) The public accounts of Kiribati and of all departments, offices,
courts and authorities of the Government shall be audited and reported
on annually by the Auditor General, and for that purpose the Auditor General
or any person authorized by him in that behalf shall at times be entitled
to access to all books, records, returns and other documents relating
to such accounts.
(3) The Auditor General shall submit his report made under the preceding
subsection to the Speaker who shall cause them to be laid before the Maneaba
ni Maungatabu; and he shall also send a copy of each report to the Beretitenti
and to the Minister of Finance.
(4) In the exercise of his functions under this section, the Auditor
General shall not be subject to the direction or control of any other
person or authority.
(5) Nothing in this section shall prevent the performance by the Auditor
General of-
(a) such other functions in relation to the accounts of the Government
and the accounts of other public authorities and statutory or other bodies
administering public funds in Kiribati as may be prescribed; or.
(b) such other functions in relation to the supervision and control of
expenditure from public funds in Kiribati as may be prescribed.
Public Accounts Committee
115. (1) There shall be a Public Accounts Committee of the Maneaba ni
Maungatabu which shall consist of 3 members of the Maneaba elected by
the Maneaba.
(2) No person shall be qualified for election as a member of the Committee
if he holds or is acting in the office of Beretitenti, Kauoman-ni-Beretitenti
or other Minister, or Attorney-General.
(3) The seat of a member of the Committee shall become vacant-
(a) if he ceases to be a member of the Maneaba;
(b) if he assumes the office of Beretitenti or is acting as such;
(c) if he is appointed to the office of Kauoman-ni-Beretitenti or other
Minister, or Attorney-General, or to act as such; or
(d) if he is removed by the Maneaba by resolution.
(4) The functions of the Committee shall be-
(a) to consider the accounts of the Government in conjunction with the
report the Auditor General;
(b) to report to the Maneaba, in the case of any excess or unauthorized
expenditure of funds, the reasons for such expenditure;
(c) to propose any measures it considers necessary to ensure that the
funds of the Government are properly and economically spent; and
(d) where a report on the examination and adult of the accounts of any
corporation, statutory board, body or commission is required by law to
be laid before the Maneaba, to consider, report on and make recommendations
to the Maneaba in respect of such accounts.
Interpretation
116. In this Chapter-
(a) “financial year” means the twelve months ending on 31st
December in any year or on such other date as may from time to time be
prescribed;
(b) “statutory expenditure” means expenditure charged on
the Consolidate Fund by virtue of any of the provisions of this Constitution
or by virtue of any provision of any other law in force in Kiribati
CHAPTER IX
BANABA AND THE BANABAS
Nominated member of Maneaba ni Maungatabu
117. (1) In the Maneaba ni Maungatabu 1 seat shall be reserved for a
nominated representative of the Banaban community (in this section referred
to as “the nominated member”).
(2) The Electoral Commission shall declare the nominated member to be
such person, qualified under the next following subsection, as shall have
been nominated by the Rabi council to fill the seat provided for by this
section.
(3) No person shall be qualified to be a nominated member unless-
(a) he is a Bananba; and
(b) he is qualified to be elected as an elected member of the Maneaba
in accordance with section 55 (b) and 56 of this Constitution.
(4) The seat of the nominated member shall become vacant-
(a) if he ceases to be a Banaban; or
(b) in any of the circumstances specified in paragraphs (a), (b), (c),
e) and (f) of section 57 and section 58 of this Constitution.
(5) The High Court shall have jurisdiction to hear and determine any
question whether any person had been validly declared to be the nominated
member or the nominated member has vacated his seat in the Maneaba or
is required by virtue of the preceding subsection and section 58 of this
Constitution to cease to perform his functions as member.
(6) An application to the High Court for the determination of any question
under the preceding subsection may be made by the nominated member, the
Rabi Council, the Electoral Commission or the Attorney-General:
Provided that if such an application is made by a person other than
the Attorney-General, the Attorney-General may intervene and may then
appear or be represented in the proceedings.
Elected representation in Maneaba
118. (1) Notwithstanding the provisions of section 55 of this Constitution,
a person who has attained the age of 21 years shall be qualified to be
elected as an elected member of the Maneaba ni Maungatabu for an electoral
district comprising or including Banaba if he is a citizen of Kiribati
or a Banaban.
(2) Section 57 of this Constitution shall have effect in relation to
an elected member of the Maneaba for an electoral district comprising
or including Banaba subject to the qualification that the seat of such
a member shall become vacant if that member ceases to be either a citizen
of Kiribati or a Banaban.
(3) A person shall be entitled to be registered as an elector on Banaba
if he is Banaban or a citizen of Kiribati and is otherwise entitled under
section 64 of this Constitution to be registered as an elector in that
place.
(4) In reviewing the number of electoral districts, the boundaries of
electoral districts and the number of elected representatives as these
relate to Banaba, the Electoral Commission shall take account of the most
recent census data for citizens of Kiribati and for Banabans on Banaba
whether or not they are citizens of Kiribati
Land on and access to Banaba
119. (1) Where any Banaban possesses any right over or interest in any
land in Banaba, such right or interest shall not be affected in any way
by reason of the fact that he resides in Rabi Island in Fiji.
(2) Where the Republic has acquired any right over or interest in land
in Banaba-
(a) from any Banaban for the purpose of phosphate extraction; or
(b) by operation of law where the Crown had acquired it before Independence
Day from any Banaban for that purpose, the Republic shall transfer that
right or interest to the Banaban from whom it was acquired (whether by
the Republic or the Crown) or to his heirs and successors upon the completion
of phosphate extraction from that land.
(3) Where any Banaban possesses any right over or interest in land in
Banaba, no such right or interest shall be compulsorily acquired other
than a leasehold interest and in accordance with section 8(1) of this
Constitution, and then only where the following conditions are satisfied,
that is to say-
(a) the Banaba Island Council has been consulted; and
(b) every reasonable effort has been made to acquired the interest by
agreement with the person who possesses the right over or interest in
the land.
(4) Every Banaban shall have an inalienable right to enter and reside
in Banaba and accordingly section 14 of this Constitution shall apply
to Banabans in relation to Banaba as if paragraph (c) of subsection (3)
of that section were deleted.
Movement of persons into Banaba
120. Nothing contained in or done under the authority of any law shall
be held to be inconsistent with or in contravention of section 14 of this
Constitution to the extent that the law in question makes provision for
the imposition of restrictions on the movement of persons other than Banabans
into Banaba.
Banaba Island Council
121. (1) There shall be a Banaba Island Council.
(2) The powers and duties of the Banaba Island Council shall be prescribed
by or under law.
Independence Commission of Inquiry
122. (1) At the expiration of a period of 3 years after Independence
Day, the Government shall appoint an independent Commission of Inquiry,
which shall review the operation of the provision of-
(a) this Chapter; and
(b) Chapter III, to the extent that the provisions of that Chapter confer
rights on Banabans.
(2) Having conducted a review under this section, the Commission shall
make such recommendations as it thinks fit, which shall be presented to
the Maneaba ni Maungatabu.
(3) In the exercise of its functions under this section the Commission
shall not be subject to the direction or control of any other person or
authority.
Appeals to Judicial Committee
123. (1) An appeal shall lie as of right to the Judicial Committee from
any decision of the High Court involving the interpretation of this Constitution
in any proceeding in which application has been made to the High Court
alleging that any provision of this Constitution has been contravened
and the rights or interests of any Banaban or of the Rabi Council under
this Chapter or Chapter III are being or are likely to be affected by
such contravention.
(2) Any decision by the judicial Committee in any appeal under this
section shall be enforced in like manner as if it were a decision of the
High Court.
(3) The Judicial Committee shall, in relation to any appeal to it under
this section in any case, have all the jurisdiction and powers possessed
in relation to that case by the High Court.
Entrenchment
124. (1) A Bill for an Act to alter any of the provisions of-
(a) this Chapter; and
(b) Chapter III, to extent that the provisions of that Chapter confers
rights on Banabans,
shall not be passed by the Maneaba ni Maungatabu except in accordance
with this section.
(2) Consideration of any such Bill shall be deferred after its first
reading in the Maneaba until the next following meeting of the Maneaba.
(3) At its second reading in the Maneaba the Bill shall not be passed
if-
(a) it is not supported by the votes of at least two-thirds of all the
members of the Maneaba; or
(b) either the nominated member or a Banaba elected member votes against
the Bill.
(4) If the nominated member is not present in the Maneaba at the time
of voting on the second reading of the Bill (whether or not any Banaba
elected member is present at that time), consideration of the Bill shall
be deferred until the next following meeting of the Maneaba, and the Rabi
Council and the Banaba Island Council shall be so informed in writing.
(5) At the next following meeting of the Maneaba a further vote on the
Bill may be held and-
(a) if the Bill is supported by the votes of at least two-thirds of all
the members of the Maneaba and the nominated member does not vote against
it, the Bill shall be passed;
(b) if the Bill is not supported by the votes of at least two-thirds
of all the members of the Maneaba, or if the nominated member votes against
it, the Bill shall not be passed.
(6) In this section-
(a) “nominated member” means the member of the Maneaba provided
for in section 117 of this Constitution;
(b) “Banaba elected member” means an elected member of the
Maneaba for an electoral district comprising or including Banaba;
(c) references to provisions of this Constitution include references
to any other law in so far as that law alters those provisions;
(d) references to altering provisions of this Constitution include references-
(i) to repealing them, with or without re-enactment thereof or the making
of different provision in lieu thereof;
(ii) to modifying them, whether by omitting or amending any such provisions
or inserting additional provisions in the Constitution or otherwise;
(iii) to suspending their operation for any period, or terminating any
such suspension; and
(iv) to making any other provision that is repugnant to them or otherwise
inconsistent with them.
Interpretation
125. In this Chapter-
(a) “Banaban” and “Banabans” means the former
indigenous inhabitants of Banaba and such other persons one of whose ancestors
was born in Kiribati before 1900 as may now or hereafter be accepted as
members of the Banaban community in accordance with custom;
(b) “Rabi Council” means the Council of Leaders establish
by the Banaban Settlement Ordinance 1970 of Fiji and includes such successor
body as represents the Banaban community on Banaba and Rabi Island in
Fiji.
CHAPTER X
MISCELLANEOUS
Discipline forces
126. No discipline force shall be established other than the Kiribati
Police Force, the Prison Service, the Marine Protection Service and the
Marine Training School.
Kiribati text of Constitution
127. The provisions of this Constitution shall be published in a Kiribati
language text as well as this English text, but in the event of any inconsistency
between the 2 texts this English text shall prevail.
Nation seal
128. There shall be national seal of the Republic bearing on it such device
as the Maneaba ni Maungatabu shall approval by law.
Oaths
129. (1) Before entering upon the duties of his office a person to whom
this section applies shall take and subscribe such oaths as may be prescribed.
(2) This section applies to any person appointed to hold or to act in-
(a) the office of magistrate; and
(b) such other offices as may be prescribed.
Resignation
130. Save as otherwise provided in this Constitution, any person who
is appointed to or act in any office established by this Constitution
may resign from that office by notice in writing addressed to the person
by whom he was appointed; and the resignation of any person from any such
office by notice in writing addressed in accordance with this Constitution
to any other person shall take effect, and the office shall accordingly
become vacant-
(a) at such time or such date (if any) as may be specified in the notice;
or
(b) when the notice is received by that other person, whichever is the
later:
Provided that the resignation may be withdrawn before it takes effect
if the person to whom the resignation is addressed consents to its withdrawal.
Performance of functions of Commissions and Tribunal
131. (1) Any Commission established by this Constitution may by regulations
make provision for regulating and facilitating the performance by the
Commission of its function under the Constitution.
(2) Any decision by any such Commission shall require the concurrence
of a majority of all the members thereof and, subject as aforesaid, the
Commission may act notwithstanding the absence of any member:
Provided that if in any particular case a vote of all the members is
taken to decide the question and the votes cast are equally divided the
chairman shall have and shall exercise a casting vote.
(3) Subject to the provisions of this section, any such Commission may
regulate its own procedure.
(4) In the exercise of its functions under this Constitution, no such
Commission shall be subject to the direction or control of any other person
or authority, except where otherwise provided by this Constitution.
(5) In addition to the functions conferred upon it by or under this
Constitution any such Commission shall have such other functions (if any)
as may be prescribed.
(6) The validity of the transaction of business of any such Commission
shall not be affected by the fact that some person who was not entitled
to do so took part in the proceedings.
(7) The provisions of subsection (1), (2), (3) and (4) of this section
shall apply in relation to a Tribunal established for the purposes of
sections 14 (4), 16 (6), 83 (4), 93 (4) or 101 (5) of this Constitution
as they apply in relation to a Commission established by this Constitution,
and any such Tribunal shall have the same powers as the High Court in
respect of the attendance and examination of witnesses (including the
administration of oaths and the examination of witnesses abroad) and in
respect of the production of documents.
(8) The provisions of subsections (1), (2), (3) and (4) of this section
shall apply in relation to the Maneaba Members’ Salaries Tribunal
established by section 65 of this Constitution as they apply in relation
to a Commission established by this Constitution.
Interpretation
132. (1) In this Constitution, unless the context otherwise requires-
“Commonwealth” means Kiribati and any country to which section
27 of this Constitution for the time being applies, and includes the dependencies
of any such country;
“Court of Appeal” means the Court of Appeal of Kiribati established
by this Constitution;
“functions” includes rights, duties and powers;
“general election” means a general election of elected members
of the Maneaba ni Maungatabu;
“the Government” means the Government of Kiribati;
“High Court” means the High Court of Kiribati established
by this Constitution;
“high judicial office” means the office of judge of a court
having unlimited jurisdiction in civil and criminal matters or a court
having jurisdiction in appeals from any such court;
“Independence Day” means 12th July 1979;
“the Judicial Committee” means the Judicial Committee of
the Privy Council established by the Judicial Committee Act 1833;
“Kiribati” means the territories which immediately before
Independence Day comprised the colony of the Gilbert Island, and which
are more particularly specified in Schedule 2 to this Constitution;
“meeting” means, in relation to the Maneaba mi Maungatabu,
the sitting of the Maneaba commencing when the Maneaba first meets after
being summoned at any time and ending when the Maneaba is adjourned sine
die or is dissolved;
“oath” includes affirmation;
“prescribed” means prescribed by or under law;
“public employee” means a person holding or acting in any
public office;
“public office” means an office of emolument in the public
service;
“public service” means the service of the Government in a
civil capacity;
“the Republic” means the Republic of Kiribati;
“sitting” means, in relation to the Maneaba ni Maungatabu,
a period during which the Maneaba is sitting continuously without adjournment
and includes any period during which the Maneaba is in committee;
“the Speaker” means the Speaker of the Maneaba ni Maungatabu;
“subordinate court” means any court established for Kiribati
other than the High Court, the Court of Appeal, or theJudicial Committee.
(2) Save as otherwise provided in this Constitution, the Interpretation
Act 1978 shall apply, with the necessary adaptations, for the purpose
of interpreting this Constitution, and otherwise in relation thereto,
as it applies for the interpreting, and in relation to, Acts of the Parliament
of the United Kingdom.
References to public office, etc.
133. (1) In this Constitution the expression “public office”
shall not be constructed as including-
(a) the office of Beretitenti, or Kauoman- ni-Beretitenti or other Minister;
(b) the office of Speaker, elected member of the Maneaba ni Maungatabu,
or the member of the Maneaba provided for in section 117 of this Constitution;
(c) the office of Chief Electoral Commissioner or other member of the
Electoral Commission, or Chairman or other member of the Public Service
Commission;
(d) except in sections 103 and 105 of this Constitution, the office of
Chief Justice or other judge of the High Court, or President or other
judge of the Court of Appeal.
(2) For the purposes of this Constitution a person shall not be treated
as holding, or acting in, a public office by reason only that he-
(a) is on leave of absence pending relinquishment of a public office,
or is on leave of absence without salary from a public office;
(b) is receiving a pension or other like allowance from Government;
(c) is a retired or reserve member of any disciplined force or a special
constable;
(d) is a member, officer or servant of any local government council,
or of any magistrates’ court and is paid as a magistrate sitting
fees only; or
(e) is the holder of an office in the service or appointment of the Government
or is performing any functions on behalf of the Government, if the only
payments he receives in respect of that office or those functions are
by way of traveling or subsistence allowances or a refund of out-of-pocket
expenses.
Powers of appointment and acting appointments
134. (1) Any reference in this Constitution to power to make appointments
to any office shall be construed as including a reference to power to
make appointments on promotion and transfer to that office and to power
to appoint a person to act in that office during any period during which
it is vacant or the holder thereof is unable to perform the functions
of that office.
(2) In this Constitution, unless the context otherwise requires, a reference
to the holder of an office by the term designating his office shall be
construed as including a reference to any person who is for the time being
lawfully acting in or performing the functions of that office.
(3) Where by this Constitution any person is directed, or power is conferred
on any person or authority to appoint a person, to act in or otherwise
to perform the functions of that office if the holder thereof is unable
to perform the functions of that office, the validity of any performance
of those functions by the person so directed or of any appointment made
in exercise of that power shall not be called in question in any court
on the ground that the holder of the office is not unable to perform the
functions of the office.
Reappointments and concurrent appointments
135. (1) Where any person has vacated any office established by this
Constitution, he may, if qualified, again be appointed or elected to hold
that office in accordance with the provisions of this Constitution.
(2) Whenever the holder of any office constituted by or under this Constitution,
or any public office otherwise constituted, is on leave of absence pending
relinquishment of his office-
(a) another person may be appointed to that office; and
(b) that person shall, for the purpose of any function of that office,
be deemed to be the sole holder of that office.
Removal from office
136. (1) Reference in this Constitution to the power to remove a public
employee from his office shall be constructed as including references
to any power conferred by any law to require or permit that employee to
retire from the public service and to any power or right to terminate
a contract on which a person is employed as a public employee and to determine
whether any such contract shall or shall not be renewed:
Provided that nothing in this subsection shall be constructed as conferring
on any person or authority power to require the Chief Justice or any other
judge of the High Court, the President or any other judge of the Court
of Appeal, the Commissioner of Police or the Auditor General to retire
from the public service.
(2) Any provision of this Constitution that vests in any person or authority
power to remove any public employee from his office shall be without prejudice
to the power of any person or authority to abolish any office or to any
law providing for the compulsory retirement of public employees generally
or any class of public employee on attaining an age specified therein.
Saving for jurisdiction of courts
137. No provision of this Constitution that any person or authority shall
not be subject to the direction or control of any person or authority
in the exercise of any functions under this Constitution shall be construed
as precluding a court of law from exercising jurisdiction in relation
to any question whether that person or authority has performed those functions
in accordance with this Constitution or any other law or should not perform
those functions.
Power to amend and revoke instruments, etc
138. Where any power is conferred by this Constitution to make any proclamation,
regulation, order or rule, or to give any direction or instructions, the
power shall be construed as including the power, exercisable in like manner,
to amend or revoke any such proclamation, regulation order, rule, direction
or instructions.
Consultation
139. Where any person or authority is directed by this Constitution to
exercise any function after consultation with any person or authority,
that person or authority shall not be obliged to exercise that function
in accordance with the advice of that other person or authority.
SCHEDULE 1
(Sections 37, 39 (4), 43, 70, 82, 85 and 92)
OATHS AND AFFIRMATIONS
1. Oaths of Beretitenti.
I, , swear by Almighty God [or solemnly affirm] that I will uphold the
dignity of the office of Beretitenti, and will justly and faithfully carry
out my duties in the administration of the Independence and Sovereign
Republic of Kiribati in accordance with the Constitution and the law.
2. Oath of Kauoman-ni-Beretitenti and other Ministers, and Attorney
General.
I, , swear by Almighty God [or solemnly affirm] that I will well and truly
serve the Independence and Sovereign Republic of Kiribati in accordance
with the Constitution and the law, and I do further swear [or solemnly
affirm] that I will not directly or indirectly reveal such matters as
shall be debated in Cabinet and committed to my secrecy, but that I will
in all things be a true and faithful [Kauoman ni Beretitenti] [Minister]
[Attorney General].
3. Oath of Member of the Maneaba ni Maungatabu.
I, , swear by Almighty to God [or solemnly affirm] that I will be faithful
and bear true allegiance to the Independence and Sovereign Republic of
Kiribati, and that I will justly and faithful carry out my duties as a
Member of the Maneaba ni Maungatabu .
4. Oath to be taken by Judges and Commissioners of the High
Court and Judge of the Court of Appeal.
I, , swear by Almighty God [or solemnly affirm] that I will well and
truly serve the Independence and Sovereign Republic of Kiribati as a judicial
officer, and I will in all things uphold the Constitution and the law,
and I will do right to all manner of people after the laws and usages
of Kiribati, without fear or favour, affection or ill will.
SCHEDULE 2
(Section 132)
TERRITORY OF KIRIBATI
The land territory of Kiribati comprises the following islands together
with all small islands, islets rocks and reefs depending on them-
Abaiang Malden
Abemama Manra (otherwise known as Sydney)
Aranuka Marakei
Arorae Mckean
Banaba Nikumaroro(otherwise known as Gardner)
Beru Nikunau
Birnie Nonouti
Butaritari Onotoa
Caroline Orona (otherwise known as Hull)
Enderbury Rawaki (otherwise Known as Phoenix)
Flint Starbuck
Kanton (otherwise known as Abariringa Tabiteuea
or Canton) Tabuaeran (otherwise known as Fanning)
Kiritimati (otherwise known as Christmas) Tamana
Kuria Tarawa
Maiana Teraina (otherwise known as Washington)
Makin Vostok
Changing the Constitution
To alter the Constitution, a member must present a motion to the Maneaba
ni Maungatabu in the form of a bill, consideration of which must be deferred
to the next meeting of Parliament. The bill will pass if it is supported
by not less than two thirds of all members. In the case of an alteration
to any provision relating to the protection of fundamental rights and
freedoms, the change mist be approved in a referendum by two thirds of
registered voters.
Last updated:
10 September, 2007
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