Kiribati 1979 Constitution (reviewed 2013) - Page 4 of 12

Table of Contents

CHAPTER IV. THE EXECUTIVE

Part I. The Beretitenti

30. The office of Beretitenti

There shall be a president of Kiribati, who shall be known as Beretitenti.
The Beretitenti shall be the Head of State and the Head of Government.

31. First Beretitenti

The first Beretitenti shall be the person who immediately before Independence Day holds the office of Chief Minister under the Constitution.
The first Beretitenti shall be deemed to have assumed office at the coming into operation of this Constitution.

32. Election of Beretitenti

Nomination for and an election to the office of Beretitenti shall be held in such manner as is prescribed by this section and, subject thereto, by or under law—
1. as soon as practicable after the first sitting of the Maneaba ni Maungatabu following a general election and before proceeding on any Bill;
2. in the circumstances specified in section 35(4) of this Constitution.
The Maneaba shall after the election of the Speaker nominate, from among members of the Maneaba, not less than three nor more than four candidates for election as Beretitenti, and no other person may be a candidate.
Every person who is entitled to vote in a general election shall be entitled to vote in an election of Beretitenti.
A person elected to the office of Beretitenti under this section shall assume that office on the day upon which he is declared elected.
A person may assume office as Beretitenti after election on not more than three occasions:Provided that a person who assumes office as Beretitenti under section 35(2) of this Constitution may assume office as Beretitenti on not more than two subsequent occasions.

33. Tenure of office of Beretitenti

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.
The Beretitenti shall cease to be Beretitenti—
1. if he resigns his office, by notice in writing addressed to the Speaker;
2. 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;
3. 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;
4. if he ceases to be a member of the Maneaba otherwise than by reason of a dissolution of the Maneaba; or
5. in the circumstances specified in the next following section.

34. Removal of Beretitenti on grounds of incapacity

If the Maneaba ni Maungatabu resolves, upon a motion supported 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 three 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 matter 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.
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.

35. Vacancy in the office of Beretitenti

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.
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.
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 of the office of Beretitenti, and the motion shall be debated and decided at that meeting.
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.
If the office of Beretitenti becomes vacant during any period when the office of Kauoman-ni-Beretitenti is also vacant, the Cabinet shall elect one of the Ministers to assume the office of Beretitenti 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.

36. Discharge of functions of Beretitenti during absence, illness, etc

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 Beretitenti as he may specify and the Kauoman-ni-Beretitenti shall discharge those functions until his authority is revoked by the Beretitenti.
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 authorise another person under this section to discharge those functions, the Kauoman-ni-Beretitenti shall discharge the functions of the office of Beretitenti.
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.
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.

37. Oath of Beretitenti

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.

38. Conduct of elections of Beretitenti

The Chief Justice shall have superintendence over elections to the office of Beretitenti, which elections shall be conducted by the Electoral Commission.
Any question which may arise as to whether—
1. 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
2. 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

39. Kauoman-ni-Beretitenti

There shall be a vice-president of Kiribati, who shall be known as Kauoman-ni-Beretitenti.
The Beretitenti shall, as soon as practicable after assuming that office, appoint a Kauoman-ni-Beretitenti from among the Ministers.
The Kauoman-ni-Beretitenti shall cease to be Kauoman-ni-Beretitenti—
1. if he resigns his office, by notice in writing addressed to the Beretitenti;
2. if he ceases to be a member of the Maneaba ni Maungatabu otherwise than by reason of a dissolution of the Maneaba;
3. if he is removed from office by the Beretitenti;
4. when the Beretitenti who appointed him as Kauoman-ni-Beretitenti ceases to hold office as Beretitenti following an election of Beretitenti; or
5. when the Beretitenti ceases to hold office by virtue of paragraph (b) or (c) of section 33(2) of this Constitution.
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.
If the Kauoman-ni-Beretitenti is absent from Kiribati or is incapable 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—
1. his appointment is revoked by the Beretitenti;
2. he ceases to be a Minister; or
3. any person assumes the office of Beretitenti.
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—
1. his appointment is revoked by the Kauoman-ni-Beretitenti;
2. he ceases to be a Minister; or
3. the Kauoman-ni-Beretitenti ceases to perform the functions of the office of Beretitenti.
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.
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

40. The Cabinet

There shall be a Cabinet which shall consist of the Beretitenti, the Kauoman-ni-Beretitenti and not more than eleven other Ministers, and the Attorney-General.

41. The Ministers

The Beretitenti shall, as soon as practicable after assuming that office, appoint the Ministers from among members of the Maneaba ni Maungatabu.
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.
A Minister shall cease to be a Minister if—
1. he resigns his office, by notice in writing addressed to the Beretitenti;
2. he ceases to be a member of the Maneaba otherwise than by reason of a dissolution of the Maneaba;
3. he is removed from office by the Beretitenti;
4. any person assumes the office of Beretitenti; or
5. the Beretitenti ceases to hold office by virtue of paragraph (b) or (c) of section 33(2) of this Constitution.

42. Attorney-General

There shall be an Attorney-General for Kiribati who shall be the principal legal adviser to the Government.
The Attorney-General shall be appointed, and may be removed from office, by the Beretitenti.
No person shall be qualified to hold or to act in the office of Attorney-General unless he is qualified to practise in Kiribati as an advocate in the High Court.
The Attorney-General shall have power in any case in which he considers it desirable to do so—
1. 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;
2. to intervene in, take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and
3. to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.
The Attorney-General shall exercise all such functions as may be from time to time conferred upon him by law.
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.
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.
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.
For the purposes of this section, any appeal from any judgment in any criminal proceedings before any court, or 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.

43. Oath of Cabinet members

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.

44. Secretary to the Cabinet

There shall be a Secretary to the Cabinet whose office shall be a public office.
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 decisions 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

45. Executive authority of Kiribati

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.

46. Functions of Beretitenti

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.
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.

47. Functions of Ministers

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 of government) as the Beretitenti may assign to him.
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.

48. Proceedings in Cabinet

The Cabinet shall be summoned by the Beretitenti.
The Beretitenti shall, so far as is practicable, attend and preside at all meetings of the Cabinet.
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 five members present.
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.
The Beretitenti shall decide what business shall be considered at any meeting of the Cabinet.
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.

49. Council of State

There shall be a Council of State, which shall consist 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.
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 of Beretitenti following a general election assumes office.

50. Prerogative of mercy

The Beretitenti, acting in accordance with the advice of the Cabinet, may—

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;
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;
substitute a less severe form of punishment for any punishment imposed on any person for any offence; and
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.

51. Constitution of offices

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.