Kiribati 1979 Constitution (reviewed 2013) - Page 10 of 12

Table of Contents

CHAPTER X. MISCELLANEOUS

126. Disciplined forces

No disciplined force shall be established other than the Kiribati Police, the Prison Service, the Marine Protection Service and the Marine Training School.

127. Kiribati text of Constitution

The provisions of this Constitution shall be published in a Kiribati language text as well as this English text, but in the event of any inconsistency between the two texts this English text shall prevail.

128. National seal

There shall be a national seal of the Republic bearing on it such device as the Maneaba in Maungatabu shall approve by law.

129. Oaths

Before entering upon the duties of his office a person to whom this section applies shall take and subscribe such oaths as may be prescribed.
This section applies to any person appointed to hold or to act in—
1. the office of magistrate; and
2. such other offices as may be prescribed.

130. Resignations

Save as otherwise provided in this Constitution, any person who is appointed to or to act in any office established by this Constitution may resign from that office by notice in writing addressed to the person by whom he was appointed; and the resignation of any person from any such office by notice in writing addressed in accordance with this Constitution to any other person shall take effect, and the office shall accordingly become vacant—

at such time or on such date (if any) as may be specified in the notice; or
when the notice is received by that other person,

whichever is the later:

Provided that the resignation may be withdrawn before it takes effect if the person to whom the resignation is addressed consents to its withdrawal.

131. Performance of functions of Commissions and Tribunals

Any Commission established by this Constitution may by regulations make provision for regulating and facilitating the performance by the Commission of its functions under this Constitution.
Any decision by any such Commission shall require the concurrence of a majority of all the members thereof and, subject as aforesaid, the Commission may act notwithstanding the absence of any member:Provided that if in any particular case a vote of all the members is taken to decide the question and the votes cast are equally divided the chairman shall have and shall exercise a casting vote.
Subject to the provisions of this section, any such Commission may regulate its own procedure.
In the exercise of its functions under this Constitution, no such Commission shall be subject to the direction or control of any other person or authority, except where otherwise provided by this Constitution.
In addition to the functions conferred upon it by or under this Constitution any such Commission shall have such other functions (if any) as may be prescribed.
The validity of the transaction of business of any such Commission shall not be affected by the fact that some person who was not entitled to do so took part in the proceedings.
The provisions of subsections (1), (2), (3) and (4) of this section shall apply in relation to a Tribunal established for the purposes of sections 14(4), 16(6), 83(4), 93(4) or 101(5) of this Constitution as they apply in relation to a Commission established by this Constitution, and any such Tribunal shall have the same powers as the High Court in respect of the attendance and examination of witnesses (including the administration of oaths and the examination of witnesses abroad) and in respect of the production of documents.
The provisions of subsections (1), (2), (3) and (4) of this section shall apply in relation to the Maneaba Members’ Salaries Tribunal established by section 65 of this Constitution as they apply in relation to a Commission established by this Constitution.

132. Interpretation

In this Constitution, unless the context otherwise requires—
- “Commonwealth” means Kiribati and any country to which section 27 of this Constitution for the time being applies, and includes the dependencies of any such country;
  
  “Court of Appeal” means the Court of Appeal of Kiribati established by this Constitution;
  
  “functions” includes rights, duties and powers;
  
  “general election” means a general election of elected members of the Maneaba ni Maungatabu;
  
  “the Government” means the Government of Kiribati;
  
  “High Court” means the High Court of Kiribati established by this Constitution;
  
  “high judicial office” means the office of judge of a court having unlimited jurisdiction in civil and criminal matters or a court having jurisdiction in appeals from any such court;
  
  “Independence Day” means 12th July 1979;
  
  “the Judicial Committee” means the Judicial Committee of the Privy Council established by the Judicial Committee Act 1833 [FN: 1833 c. 41.];
  
  “Kiribati” means the territories which immediately before Independence Day comprised the colony of the Gilbert Islands, and which are more particularly specified in Schedule 2 to this Constitution;
  
  “meeting” means, in relation to the Maneaba ni Maungatabu, the sittings of the Maneaba commencing when the Maneaba first meets after being summoned at any time and ending when the Maneaba is adjourned sine die or is dissolved;
  
  “oath” includes affirmation;
  
  “prescribed” means prescribed by or under law;
  
  “public employee” means a person holding or acting in any public office;
  
  “public office” means an office of emolument in the public service;
  
  “public service” means the service of the Government in a civil capacity;
  
  “the Republic” means the Republic of Kiribati;
  
  “sitting” means, in relation to the Maneaba ni Maungatabu, a period during which the Maneaba is sitting continuously without adjournment and includes any period during which the Maneaba is in committee;
  
  “the Speaker” means the Speaker of the Maneaba ni Maungatabu;
  
  “subordinate court” means any court established for Kiribati other than the High Court, the Court of Appeal, or the Judicial Committee.
Save as otherwise provided in this Constitution, the Interpretation Act 1978 [FN: 1978 c. 30.] shall apply, with the necessary adaptations, for the purpose of interpreting this Constitution, and otherwise in relation thereto, as it applies for the purpose of interpreting, and in relation to, Acts of the Parliament of the United Kingdom.

133. References to public office, etc

In this Constitution the expression “public office” shall not be construed as including—
1. the office of Beretitenti, or Kauoman-ni-Beretitenti or other Minister;
2. the office of Speaker, elected member of the Maneaba ni Maungatabu, or the member of the Maneaba provided for in section 117 of this Constitution;
3. the office of Chief Electoral Commissioner or other member of the Electoral Commission, or Chairman or other member of the Public Service Commission;
4. except in sections 103 and 105 of this Constitution, the office of Chief Justice or other judge of the High Court, or President or other judge of the Court of Appeal.
For the purposes of this Constitution a person shall not be treated as holding, or acting in, a public office by reason only that he—
1. is on leave of absence pending relinquishment of a public office, or is on leave of absence without salary from a public office;
2. is receiving a pension or other like allowance from the Government;
3. is a retired or reserve member of any disciplined force or a special constable;
4. is a member, officer or servant of any local government council, or of any magistrates’ court and is paid as a magistrate sitting fees only; or
5. is the holder of an office in the service or appointment of the Government or is performing any functions on behalf of the Government, if the only payments he receives in respect of that office or those functions are by way of travelling or subsistence allowances or a refund of out-of-pocket expenses.

134. Powers of appointment and acting appointments

Any reference in this Constitution to power to make appointments to any office shall be construed as including a reference to power to make appointments on promotion and transfer to that office and to power to appoint a person to act in that office during any period during which it is vacant or the holder thereof is unable to perform the functions of that office.
In this Constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating his office shall be construed as including a reference to any person who is for the time being lawfully acting in or performing the functions of that office.
Where by this Constitution any person is directed, or power is conferred on any person or authority to appoint a person, to act in or otherwise to perform the functions of an office if the holder thereof is unable to perform the functions of that office, the validity of any performance of those functions by the person so directed or of any appointment made in exercise of that power shall not be called in question in any court on the ground that the holder of the office is not unable to perform the functions of the office.

135. Reappointments and concurrent appointments

Where any person has vacated any office established by this Constitution, he may, if qualified, again be appointed or elected to hold that office in accordance with the provisions of this Constitution.
Whenever the holder of any office constituted by or under this Constitution, or any public office otherwise constituted, is on leave of absence pending relinquishment of his office—
1. another person may be appointed to that office; and
2. that person shall, for the purpose of any function of that office, be deemed to be the sole holder of that office.

136. Removal from office

References in this Constitution to the power to remove a public employee from his office shall be construed as including references to any power conferred by any law to require or permit that employee to retire from the public service and to any power or right to terminate a contract on which a person is employed as a public employee and to determine whether any such contract shall or shall not be renewed:Provided that nothing in this subsection shall be construed as conferring on any person or authority power to require the Chief Justice or any other judge of the High Court, the President or any other judge of the Court of Appeal, the Commissioner of Police or the Auditor General to retire from the public service.
Any provision of this Constitution that vests in any person or authority power to remove any public employee from his office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public employees generally or any class of public employee on attaining an age specified therein.

137. Saving for jurisdiction of courts

No provision of this Constitution that any person or authority shall not be subject to the direction or control of any other person or authority in the exercise of any functions under this Constitution shall be construed as precluding a court of law from exercising jurisdiction in relation to any question whether that person or authority has performed those functions in accordance with this Constitution or any other law or should not perform those functions.

138. Power to amend and revoke instruments, etc

Where any power is conferred by this Constitution to make any proclamation, regulation, order or rule, or to give any direction or instructions, the power shall be construed as including the power, exercisable in like manner, to amend or revoke any such proclamation, regulation, order, rule, direction or instructions.

139. Consultation

Where any person or authority is directed by this Constitution to exercise any function after consultation with any other person or authority, that person or authority shall not be obliged to exercise that function in accordance with the advice of that other person or authority.