Parliament of Kiribati - Constitution

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

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;

(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

(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

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

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;

(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;

(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

(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

(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 Beretitenti

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

(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;

(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

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LAWS OF KIRIBATI REVISED EDITION 1980

CONSTITUTION OF KIRIBATI

THE KIRIBATI INDEPENDENCE ORDER 1979

Citation and commencement

Existing laws

THE SCHEDULE TO THE ORDER

THE CONSTITUTION OF KIRIB ATI

ARRANGEMENT OF SECTIONS

SCHEDULE 1 OATHS AND AFFIRMATIONS

SCHEDULE 2 TERRITORY OF KIRIBATI

THE CONSTITUTION OF KIRIBATI

CHAPTER III CITIZENSHIP

CHAPTER IV THE EXECUTIVE

CHAPTER V THE LEGISLATURE

LAWS OF KIRIBATI
REVISED EDITION 1980

SCHEDULE 1
OATHS AND AFFIRMATIONS

SCHEDULE 2
TERRITORY OF KIRIBATI

CHAPTER III
CITIZENSHIP

CHAPTER IV
THE EXECUTIVE

CHAPTER V
THE LEGISLATURE