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rliament may establish committees and appoint members to them. 24. Proceedings to be public Unless otherwise provided proceedings of Parliament shall be held in public. 25. Public finance (1) Every year the Government shall present a bill for a budget to Parliament for its approval. (2) No taxation shall be imposed or altered and no expenditure of public funds shall be incurred except by or under a law passed by Parliament. (3) No motion for the levying or increase of taxation or for the expenditure of public funds shall be introduced unless it is supported by the Government. (4) Parliament shall provide for the office of Auditor-General, who shall be appointed by the Public Service Commission on its own initiative. (5) The function of the Auditor-General shall be to audit and report to Parliament and the Government on the public accounts of Vanuatu. (6) The Auditor-General shall not be subject to the direction or control of any other person or body in the exercise of his functions. 26. Ratification of treaties 8 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2020 CONSTITUTION OF THE REPUBLIC OF VANUATU Treaties negotiated by the Government shall be presented to Parliament for ratification when they – (a) concern international organisations, peace or trade; (b) commit the expenditure of public funds; (c) affect the status of people; (d) require amendment of the laws of the Republic of Vanuatu; or (e) provide for the transfer, exchange or annexing of territory. 27. Privileges of members (1) No member of Parliament may be arrested, detained, prosecuted or proceeded against in respect of opinions given or votes cast by him in Parliament in the exercise of his office. (2) No member may, during a session of Parliament or of one of its committees, be arrested or prosecuted for any offence, except with the authorisation of Parliament in exceptional circumstances. 28. Life of Parliament (1) Parliament, unless sooner dissolved under paragraph (2) or (3), shall continue for 4 years from the date of its election. (2) Parliament may at any time decide, by resolution supported by the votes of an absolute majority of the members at a special sitting when at least three-fourths of the members are present, to dissolve Parliament. At least 1 week's notice of such a motion shall be given to the Speaker before the debate and the vote on it. (3) The President of the Republic may, on the advice of the Council of Ministers, dissolve Parliament. (4) General elections shall be held not earlier than 30 days and not later than 60 days after any dissolution. (5) There shall be no dissolution of Parliament within 12 months of the general elections following a dissolution under subarticle (2) or (3). CHAPTER 5 – MALVATUMAURI COUNCIL OF CHIEFS 29. Malvatumauri Council of Chiefs (1) The Malvatumauri Council of Chiefs shall be composed of custom chiefs elected by their peers sitting in District Councils of Chiefs. (2) The Council shall make its own rules of procedure. (3) The Council shall hold at least one meeting a year. Further meetings may be held at the request of the Council, Parliament, or the Government. (4) During the first sitting following its election the Council shall elect its President. 30. Functions of Council (1) The Malvatumauri Council of Chiefs has a general competence to discuss all matters relating to land, custom and tradition and may make recommendations for the preservation and promotion of ni-Vanuatu culture and languages. (2) The Council must be consulted on any question, particularly any question relating to land, tradition and custom, in connection with any bill before Parliament. 31. Organisation of Council and role of chiefs 9 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2020 CONSTITUTION OF THE REPUBLIC OF VANUATU Parliament shall by law provide for the organisation of the Malvatumauri Council of Chiefs and in particular for the role of chiefs at the village, island and district level. 32. Privileges of members of Council (1) No member of the Malvatumauri Council of Chiefs may be arrested, detained, prosecuted or proceeded against in respect of opinions given or votes cast by him in the Council in the exercise of his office. (2) No member may, during a session of the Council or of one of its committees, be arrested or prosecuted for any offence, except with the authorisation of the Council in exceptional circumstances. CHAPTER 6 – HEAD OF STATE 33. President of the Republic The head of the Republic shall be known as the President and shall symbolise the unity of the nation. 34. Election of President (1) The President of the Republic shall be elected, in accordance with Schedule 1, by secret ballot by an electoral college consisting of Parliament and the President of the Provincial Government Councils. (2) When a vacancy in the office of the President of the Republic arises, election to that office shall be held within 3 weeks of the vacancy arising, or in the event of a vacancy arising when Parliament is dissolved, within 3 weeks after the first meeting of the new Parliament. 35. Qualifications for election as President Any indigenous Vanuatu citizen qualified to be elected to Parliament shall be eligible for election as President of the Republic. 36. Term of office and removal of President (1) The term of office of the President of the Republic shall be 5 years. (2) The President of the Republic may be removed from office, only for gross misconduct or incapacity, by the electoral college provided for in Article 34 on a motion introduced by at least one-third of the members of the college and passed by at least two-thirds of its members, when at least three-fourths of its members, including at least three-fourths of the President of the Provincial Government Councils, are present. (3) At least 2 weeks’ notice of the motion provided for in subarticle (2) shall be given to the Speaker. (4) If there is no quorum at the first sitting as provided in subarticle (2), the electoral college may meet and vote on the motion provided for in subarticle (2) a week later even if there is only a quorum of two-thirds of the members of the college. 37. Speaker to act as President (1) Whenever there is a vacancy in the office of the President of the Republic or the President is overseas or incapacitated, the Speaker of Parliament shall perform the functions of President under this Constitution and any other law. (2) When Parliament is dissolved and there is a vacancy in the office of the President of the Republic or the President is overseas or incapacitated, the Speaker of Parliament at the time of the dissolution shall perform the functions of the President of the Republic under this Constitution and any other law until a new Speaker is elected. 10 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2020 CONSTITUTION OF THE REPUBLIC OF VANUATU 38. Presidential powers of pardon, commutation and reduction of sentences The President of the Republic may pardon, commute or reduce a sentence imposed on a person convicted of an offence. Parliament may provide for a committee to advise the President in the exercise of this function. CHAPTER 7 – THE EXECUTIVE 39. Executive power (1) The executive power of the people of the Republic of Vanuatu is vested in the Prime Minister and Council of Ministers and shall be exercised as provided by the Constitution or a law. (2) The Prime Minister shall keep the President of the Republic fully informed concerning the general conduct of the government of the Republic. (3) The President of the Republic may refer to the Supreme Court any regulation which he considers to be inconsistent with the Constitution. 40. Council of Ministers (1) There shall be a Council of Ministers which shall consist of the Prime Minister and other Ministers. (2) The number of Ministers, including the Prime Minister, shall not exceed a quarter of the number of members of Parliament. 41. Election of Prime Minister The Prime Minister shall be elected by Parliament from among its members by secret ballot in accordance with the rules in Schedule 2. 42. Appointment and removal of other Ministers (1) The Prime Minister shall appoint the other Ministers from among the members of Parliament and may designate one of them as Deputy Prime Minister. (2) The Prime Minister shall assign responsibilities for the conduct of government to the Ministers. (3) The Prime Minister may remove the Ministers from office. 43. Collective responsibility of Ministers and votes of no confidence (1) The Council of Ministers shall be collectively responsible to Parliament. (2) Parliament may pass a motion of no confidence in the Prime Minister. At least 1 week's notice of such a motion shall be given to the Speaker and the motion must be signed by one-sixth of the members of Parliament. If it is supported by an absolute majority of the members of Parliament, the Prime Minister and other Ministers shall cease to hold office forthwith but shall continue to exercise their functions until a new Prime Minister is elected. 44. Termination of office of Ministers The Council of Ministers shall cease to hold office whenever the Prime Minister resigns or dies but shall continue to exercise their functions until a new Prime Minister is elected. In the case of the death of the Prime Minister, the Deputy Prime Minister, or if there is no Deputy Prime Minister a Minister appointed by the President of the Republic, shall act as Prime Minister until a new Prime Minister is elected. 45. Other times when a Minister ceases to hold office A Minister, including the Prime Minister, shall also cease to hold office – 11 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2020 CONSTITUTION OF THE REPUBLIC OF VANUATU (a) when, after a general election, Parliament meets to elect a new Prime Minister; (b) if he ceases to be a member of Parliament for any reason other than a dissolution of Parliament; or (c) if he is elected as President of the Republic or as Speaker of Parliament. 46. Ministers to remain Members of Parliament Members of Parliament who are appointed Ministers shall retain their membership of Parliament. CHAPTER 8 – JUSTICE 47. The Judiciary (1) The administration of justice is vested in the judiciary, who are subject only to the Constitution and the law. The function of the judiciary is to resolve proceedings according to law. If there is no rule of law applicable to a matter before it, a court shall determine the matter according to substantial justice and whenever possible in conformity with custom. (2) Except for the Chief Justice the judiciary shall be appointed by the President of the Republic acting on the advice of the Judicial Service Commission. (3) All members of the judiciary shall hold office until they reach the age of retirement. They shall only be removed from office by the President of the Republic in the event of – (a) conviction and sentence on a criminal charge; or (b) a determination by the Judicial Service Commission of gross misconduct, incapacity or professional incompetence. (4) The promotion and transfer of members of the judiciary may only be made by the President of the Republic on the advice of the Judicial Service Commission. (5) Parliament may provide for the appointment by the President of the Republic, after consultation with the Judicial Service Commission, of acting judges for such periods as may be set out in their instruments of appointment. (6) Subarticle (3) so far as it relates to the removal from office shall apply to acting judges. 48. The Judicial Service Commission (1) The Judicial Service Commission shall consist of the Minister responsible for justice, as Chairman, the Chief Justice, the Chairman of the Public Service Commission, and a representative of the Malvatumauri Council of Chiefs appointed by the Council. (2) The Judicial Service Commission shall not be subject to the direction or control of any other person or body in the exercise of its functions. 49. The Supreme Court, the Chief Justice and other judges (1) The Supreme Court has unlimited jurisdiction to hear and determine any civil or criminal proceedings, and such other jurisdiction and powers as may be conferred on it by the Constitution or by law. (2) The Supreme Court shall consist of a Chief Justice and not more than twelve other judges. (3) The Chief Justice shall be appointed by the President of the Republic after consultation with the Prime Minister and the Leader of the Opposition. (4) A person shall not be qualified for appointment as Chief Justice or other judge of the Supreme Court unless he is qualified to practise as a lawyer in Vanuatu. 12 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2020 CONSTITUTION OF THE REPUBLIC OF VANUATU 50. Appeals from Supreme Court to Court of Appeal Parliament shall provide for appeals from the original jurisdiction of the Supreme Court and may provide for appeals from such appellate jurisdiction as it may have to a Court of Appeal which shall be constituted by two or more judges of the Supreme Court sitting together. 51. Ascertainment of rules of custom (1) Parliament may provide for the manner of the ascertainment of relevant rules of custom except for the rules of custom relating to ownership of custom land, and may in particular provide for persons knowledgeable in such custom to sit with the judges of the Supreme Court or the Court of Appeal and take part in its proceedings. (2) Subarticle (1) does not apply to any matter being referred to a Court before the commencement of this amendment. 52. Village and Island Courts Parliament shall provide for the establishment of village or island courts with jurisdiction over customary and other matters and shall provide for the role of chiefs in such courts. 53. Application to Supreme Court regarding infringements of Constitution (1) Anyone who considers that a provision of the Constitution has been infringed in relation to him may, without prejudice to any other legal remedy available to him, apply to the Supreme Court for redress. (2) The Supreme Court has jurisdiction to determine the matter and to make such order as it considers appropriate to enforce the provisions of the Constitution. (3) When a question concerning the interpretation of the Constitution arises before a subordinate court, and the court considers that the question concerns a fundamental point of law, the court shall submit the question to the Supreme Court for its determination. 54. Election disputes The jurisdiction to hear and determine any question as to whether a person has been validly elected as a member of Parliament, the Malvatumauri Council of Chiefs, and a Provincial Government Council or whether he has vacated his seat or has become disqualified to hold it shall vest in the Supreme Court. 55. Public Prosecutor The function of prosecution shall vest in the Public Prosecutor, who shall be appointed by the President of the Republic on the advice of the Judicial Service Commission. He shall not be subject to the direction or control of any other person or body in the exercise of his functions. 56. Public Solicitor Parliament shall provide for the office of the Public Solicitor, appointed by the President of the Republic on the advice of the Judicial Service Commission, whose function shall be to provide legal assistance to needy persons. CHAPTER 9 – ADMINISTRATION Part I – The Public Service 57. Public servants (1) Public servants owe their allegiance to the Constitution and to the people of Vanuatu. 13 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2020 CONSTITUTION OF THE REPUBLIC OF VANUATU (2) Only citizens of Vanuatu shall be appointed to public office. The Public Service Commission shall determine other qualifications for appointment to the public service. (3) No appointment shall be made to a post that has not been created in accordance with a law. (4) The Prime Minister or the President of a Provincial Government Council may, exceptionally, make provision for the recruitment of staff for a specified period to meet unforeseen needs. In urgent cases, the Public Service Commission may, after consulting the Ministers responsible for finance and public administration, make such a decision instead of the Prime Minister. (5) For as long as their posts exist, public servants shall not be removed from their posts except in accordance with the Constitution. (6) Public servants shall be given increments in their salary in accordance with the law. (7) Public servants shall leave the public service upon reaching retirement age or upon being dismissed by the Public Service Commission. They shall not be demoted without consultation with the Public Service Commission. (8) The security of tenure of public servants provided for in subarticle (5) shall not prevent such compulsory early retirement as may be decided by law in order to ensure the renewal of holders of public offices. 58. Exclusion of security of tenure in relation to political advisers and transfer of public servants (1) The rule of security of tenure provided for in Article 57(5) shall not apply to the personal political advisers of the Prime Minister and Ministers. (2) Senior public servants in Ministries may be transferred by the Prime Minister to other posts of equivalent rank. 59. Membership of Public Service Commission (1) The Public Service Commission shall be composed of five members appointed for 3 years by the President of the Republic after consultation with the Prime Minister. (2) The President of the Republic shall appoint every year, from among the members of the Commission, a chairman who shall be responsible for organising its proceedings. (3) A person shall be disqualified for appointment as a member of the Commission if he is a member of Parliament, the Malvatumauri Council of Chiefs or a Provincial Government Council or if he exercises a position of responsibility within a political party. (4) A person shall cease to be a member of the Commission if circumstances arise that, if he were not a member, would disqualify him for appointment as such. 60. Functions of Public Service Commission (1) The Public Service Commission shall be responsible for the appointment and promotion of public servants, and the selection of those to undergo training courses in Vanuatu or overseas. For such purposes it may organise competitive examinations. (2) The Commission shall also be responsible for the discipline of public servants. (3) The Commission shall have no authority over the members of the judiciary, the armed forces, the police and the teaching services. (4) The Commission shall not be subject to the direction or control of any other person or body in the exercise of its functions. Part II – The Ombudsman 14 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2020 CONSTITUTION OF THE REPUBLIC OF VANUATU 61. Ombudsman (1) The Ombudsman shall be appointed, for 5 years, by the President of the Republic after consultation with the Prime Minister, the Speaker of Parliament, the leaders of the political parties represented in Parliament, the President of the Malvatumauri Council of Chiefs, the Presidents of the Provincial Government Councils, and the chairmen of the Public Service Commission and the Judicial Service Commission. (2) A person shall be disqualified for appointment as Ombudsman if he is a member of Parliament, the Malvatumauri Council of Chiefs or a Provincial Government Council, if he holds any other public office, or if he exercises a position of responsibility within a political party. (3) A person shall cease to be Ombudsman if circumstances arise that, if he were not