Constitution (Ninth) (Amendment) Act No. 7 of 2025
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- Jurisdiction
- Vanuatu
- Provision
- icl
- Source language
- root
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source33.
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The RA says that the reason for the Referral is that sub-paragraph (ii) does not relate or
is not connected to sub-paragraph (i). And so, sub-paragraph (ii) should be excluded
from Article 5(1)(k) as it is not related to sub-paragraph (i) of Article 5(1)(k) which is about
individuals.
However, the expression (“; ana”) at the end of (i)(k)(1) of Article 5 of the Bill, includes
“the purposes of economic development zones’ in (ii) with the vulnerable groups of
individuals in (i); but it is not related as the draft is intended to connect the (i) and (ii)
together but not separately. The concept of economic development zone is not part of
group of people in (i).
The RA submitted that because of the inclusion of (ii) with (i), it is an ambiguity that the
Court should look at it. In terms of the drafting, there should be a separate provision of
its own for the purpose of economic zones.
The second aspect of the issue concerns the Bill (Item 1A) and Article 16(1) of the
Constitution.
Under the Amended Constitutional Referral, the RA says that the Item 1A of the Bill is
inconsistent with Article 16(1) of the Constitution.
That challenge of constitutionality under Article 16 (1) disappears in the submissions of
the RA by a clear concession to the effect that subject to the Constitution, Parliament
may make laws for the peace, order and good government of Vanuatu based on
President of the Republic of Vanuatu v Attorney General [1998] VUSC 18 and Attorney
General v Timakata [1993] VUCA 2.
The RA conceded that Item 1A does not appear to infringe the rights protected under
Source record
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Constitution (Ninth) (Amendment) Act No. 7 of 2025 · courts.gov.vu · Retrieved 19 August 2026.
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