Kiribati 1979 Constitution (reviewed 2013)

CHAPTER VII. THE PUBLIC SERVICE

98. Public Service Commission

1. There shall be a Public Service Commission which shall consist of a Chairman and four other Commissioners who shall be appointed, and may be removed, by the Beretitenti, acting in accordance with the advice of the Speaker and the Chief Justice acting jointly.
2. The Commissioners shall be appointed for three years or for such lesser period as may be specified by the Beretitenti in their respective instruments of appointment.
3. A person shall be disqualified for appointment as a Commissioner if he is a member of the Maneaba ni Maungatabu or a public employee.
4. A person shall not, while he holds or is acting in the office of a Commissioner or within a period of eighteen months commencing with the date on which he last held or acted in that office, be eligible for appointment to or to act in any public office.
5. The office of a Commissioner shall become vacant—
   1. at the expiration of the period of his appointment;
   2. if he becomes a member of the Maneaba; or
   3. if he is removed from office in accordance with subsection (1) of this section.

99. Appointments, etc., of public employees

1. Subject to the provisions of this Constitution power to make appointments to public offices, and to remove and to exercise disciplinary control over persons holding or acting in such offices, is vested in the Beretitenti, acting in accordance with the advice of the Public Service Commission.
2. The Beretitenti may delegate to the Public Service Commission his power to make appointments to certain public offices or certain classes of public office.
3. The Public Service Commission shall have such other functions as may be prescribed.

100. Appointment of certain public employees

1. Power to make appointments to the offices of Secretary to the Cabinet and Secretary to a department of government, and power to transfer the holders of such offices to other posts of equivalent rank, is vested in the Beretitenti, acting after consultation with the Public Service Commission.
2. Power to make appointments to the office of Auditor General is vested in the Beretitenti, acting in accordance with the advice of the Public Service Commission.
3. Power to make appointments to the office of Commissioner of Police is vested in the Beretitenti, acting in accordance with the advice of the Cabinet tendered after consultation with the Public Service Commission.

101. Tenure of office of certain public employees

1. The provisions of this section shall apply in relation to persons holding the offices of Auditor General and Commissioner of Police.
2. Subject to the provisions of this section, a person to whom this section applies shall vacate his office when he attains the age of fifty-five years:Provided that the Beretitenti may permit a person to whom this section applies who attains the age of fifty-five years to continue in office until he has attained such later age as may have been agreed between the Beretitenti and that person.
3. A person to whom this section applies may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of the next following subsection.
4. A person to whom this section applies shall be removed from office by the Beretitenti if the question of his removal from office has been referred to a Tribunal appointed under the next following subsection and the Tribunal has recommended to the Beretitenti that he ought to be removed from office for inability as aforesaid or for misbehaviour.
5. If the Beretitenti considers that the question of removing a person to whom this section applies from office for inability as aforesaid or for misbehaviour ought to be investigated, then—
   1. the Beretitenti shall appoint a Tribunal, which shall consist of a Chairman who is a person who holds or has held judicial office, and not less than two other members; and
   2. that Tribunal shall inquire into the matter and report on the facts thereof to the Beretitenti and recommend to the Beretitenti whether the person ought to be removed from office for inability as aforesaid or for misbehaviour.
6. If the question of removing the Commissioner of Police has been referred to a Tribunal under the preceding subsection the Beretitenti, acting in accordance with the advice of the Chairman of the Public Service Commission, may suspend the Commissioner from performing the functions of his office and any such suspension may at any time be revoked by the Beretitenti, acting as aforesaid, and shall in any case cease to have effect if the Tribunal recommends to the Beretitenti that the Commissioner should not be removed.
7. The provisions of this section shall not apply in relation to a person appointed to act in any office referred to in subsection (1) of this section during any period when that office is vacant or the holder thereof is unable to perform the functions of his office; and the appointment of such a person may be revoked by the Public Service Commission at any time before the expiration of that period.

102. Appointment, etc. of junior police officers

1. Power to make appointments to any office in the Kiribati Police below the rank of Assistant Superintendent, and to remove and to exercise disciplinary control over persons holding or acting in such offices, is vested in the Commissioner of Police.
2. There shall be a right of appeal to the Public Service Commission from any decision of the Commissioner of Police in exercise of his power of removal or disciplinary control under the preceding subsection.
3. The Commissioner of Police may, subject to such conditions as he thinks fit, delegate any of his powers under subsection (1) of this section, by directions in writing, to any other officer of the Kiribati Police.

103. Applicability of pensions law

1. Subject to the provisions of section 105 of this Constitution, the law applicable to the grant and payment to any person, or to his widow, children, dependants or personal representatives, of any pension, gratuity or other like allowance (in this section and sections 104 and 105 of this Constitution referred to as an “award”) in respect of the service of that person in a public office shall be that in force on the relevant day or any later law not less favourable to the person concerned.
2. For the purposes of this section the relevant day is—
   1. in relation to an award granted before Independence Day, the day on which the award was granted;
   2. in relation to an award granted or to be granted on or after Independence Day to or in respect of a person who was a public employee before that day, the day immediately before that day;
   3. in relation to an award granted or to be granted to or in respect of a person who first becomes a public employee on or after Independence Day, the day on which he becomes a public employee.
3. For the purposes of this section, in so far as the law applicable to an award depends on the option of the person to or in respect of whom it is granted or to be granted, the law for which he opts shall be taken to be more favourable to him than any other law for which he might have opted.

104. Pensions, etc. charged on the Consolidated Fund

Awards granted under any law in force in Kiribati are (except so far as they are a charge on some other fund and are duly paid out of that fund to the person to whom payment is due) hereby charged on and shall be paid out of the Consolidated Fund.

105. Grant and withholding of pensions, etc

1. The power to grant any award under any pensions law in force in Kiribati (other than an award to which, under that law, the person to whom it is payable is entitled as of right) and, in accordance with any provisions in that behalf in any such law, to withhold, reduce in amount or suspend any award payable under any such law shall vest in the Beretitenti, acting in accordance with the advice of the Public Service Commission.
2. In this section, “pensions law” means any law relating to the grant to any person, or to the widow, children, dependants or personal representatives of that person, of an award in respect of the services of that person in a public office.