Solomon Islands 1978 Constitution (reviewed 2018) - Page 13 of 17

Table of Contents

CHAPTER XIII. THE PUBLIC SERVICE

115. Public Service Commission

There shall be a Public Service Commission for Solomon Islands which shall consist of a Chairman and not less than two nor more than four other members appointed by the Governor-General for such period, being not less than three nor more than six years, as may be specified in their respective instruments of appointment.
A person shall be disqualified for appointment as a member of the Public Service Commission if he is a member of Parliament or a public officer or an officer of any society or association which the Governor-General, in his own deliberate judgment, is satisfied is of a political nature.
A person shall not, while he holds or is acting in the office of a member of the Public Service Commission or within a period of five years 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.
The office of a member of the Public Service Commission shall become vacant—
1. at the expiration of the period specified in the instrument by which he was appointed;
2. if he becomes a member of Parliament;
3. if he becomes an officer of any society or association which the Governor-General, in his own deliberate judgment, is satisfied is of a political nature; or
4. if he is removed from office in accordance with Section 126 of this Constitution.
Whenever the office of the Chairman of the Public Service Commission is vacant or the holder thereof is for any reason unable to perform the functions of his office, such one of the other members of the Public Service Commission as the Governor-General shall appoint may act in the office of the Chairman.
If the office of a member of the Public Service Commission other than the Chairman is vacant or the holder thereof is acting as the Chairman or is for any reason unable to perform the functions of his office, the Governor-General may appoint a person who is qualified for appointment as a member of the Commission to act as such a member; and any person so appointed may, subject to the provisions of subsection (4) of this section, continue to act until he is notified by the Governor-General that the circumstances giving rise to the appointment have ceased to exist.
Except as provided in subsections (2) and (4)(c) of this section, the powers conferred on the Governor-General by this section shall be exercised by him acting in accordance with the advice of the Prime Minister.

116. Appointments, etc. of public officers

Subject to the provisions of this Constitution, power to make appointments to public offices (including power to confirm appointments) and to remove and to exercise disciplinary control over persons holding or acting in such offices is vested in the Public Service Commission.
The Public Service Commission may, subject to such conditions as it thinks fit, delegate any of its powers under this section by directions in writing to any member of the Commission or to any public officer.
The provisions of this section shall not apply in relation to—
1. the office of any judge of the High Court, the Court of Appeal or any magistrate of the Magistrates’ Court;
2. the office of Ombudsman, Director of Public Prosecutions, Public Solicitor or Auditor-General;
3. any office to which Section 116B or 118 of this Constitution applies;
4. the office of any member of the Police Force or the Correctional Service; or
5. the office to which Section 127 of this Constitution applies.
The Public Service Commission shall not exercise any of its powers in relation to any office on the personal staff of the Governor-General or in relation to any person holding or acting in any such office without the concurrence of the Governor-General, acting in his own deliberate judgment.
Before making any appointment to any office on the staff of the Ombudsman, the Public Service Commission shall consult the Ombudsman.
Before making any appointment to the office of Clerk to the Legislature, the Public Service Commission shall consult the Speaker.

116A. Teaching Service Commission

There shall be a Teaching Service Commission comprised of—
1. the Chairman of the Public Service Commission shall be Chairman of the Commission;
2. not less than 2 nor more than 3 other members appointed by the Governor-General for such period being not less than 3 nor more than 6 years as may be specified in their respective instruments of appointment.
Any person shall be disqualified for appointment as a member of the Teaching Service Commission if he is a member of Parliament or Provincial Assembly or a public officer or an officer of any society or association which the Governor-General in his own deliberate judgment is satisfied is of a political nature.
A person shall not while he holds or is acting in the office of a member of the Teaching Service Commission be eligible for appointment to or to act in any public office.
The office of a member of the Teaching Service Commission shall become vacant—
1. at the expiration of the period specified in the instrument by which he was appointed;
2. if he becomes a member of Parliament;
3. if he becomes an officer of any society or association which the Governor-General in his own deliberate judgment, is satisfied is of a political nature; or
4. if he is removed from office in accordance with Section 126.
If the office of a member of the Teaching Service Commission other than the Chairman is vacant or the holder is acting as the Chairman or is for any reason unable to perform the functions of his office, the Governor-General may appoint a person who is qualified for appointment as a member of the commission to act as such a member, and any person so approximate may, subject to subsection (4), continue to act until he is notified by the Governor-General at the circumstances giving rise to the appointment have ceased to exist.

116B. Appointments, etc. of teachers

Power to make appointments to the offices to which this section applies (including power to confirm appointments) and to remove and to exercise control over persons holding or acting in such offices is vested in the Teaching Service Commission.
The Teaching Service Commission may, subject to such conditions as it thinks fit, delegate any of its powers under this section by directions in writing to any member of the Commission or to any public officer or to any provincial government officer.
Before making any appointment to a school set up by a Provincial Assembly or a Church or other body, the Teaching Service Commission shall consult the relevant education authority.
This section applies to teachers in primary schools, secondary schools and institutes of tertiary education.

117. Judicial and Legal Service Commission

There shall be a Judicial and Legal Service Commission for Solomon Islands.
The members of the Commission shall be—
1. the Chief Justice, who shall be Chairman of the Commission;
2. the Attorney-General;
3. the Chairman of the Public Service Commission;
4. the President of the Bar Association; and
5. two other members.
The two members referred to in paragraph (e) of subsection (2) shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister.
The office of the member of the Commission appointed under the preceding subsection shall become vacant—
1. at the expiration of three years from the date of his appointment;
2. if he becomes a member of Parliament or a public officer other than a judge of the High Court or the Court of Appeal; or
3. if he is removed from office in accordance with Section 126 of this Constitution.

118. Appointments, etc. of judicial and legal officers

Power to make appointments to the offices to which this section applies (including power to confirm appointments) and to remove and to exercise disciplinary control over persons holding or acting in such offices is vested in the Judicial and Legal Service Commission.
This section applies to—
1. all public offices for which a legal qualification is required, except those of Attorney-General, judge of the High Court or the Court of Appeal, Director of Public Prosecutions and Public Solicitor;
2. magistrates engaged in full time judicial and related duties; and
3. such other officers, including registrars of the High Court and the Court of Appeal, as may be prescribed.

119. Police and Correctional Service Commission

There shall be a Police and Correctional Service Commission for Solomon Islands.
The members of the Commission shall be—
1. the Chairman of the Public Service Commission, who shall be Chairman of the Commission;
2. the Chairman or the Judicial and Legal Service Commission; and
3. a person appointed by the Governor-General, acting in accordance with the advice of the Prime Minister.
If the office of the member of the Commission appointed under subsection (2)(c) of this section is vacant or the holder thereof is for any reason unable to perform the functions of his office, the Governor-General, acting in accordance with the advice of the Prime Minister, may appoint some other person to act in the office of that member; and any person so appointed may continue to act until he is notified by the Governor-General, acting as aforesaid, that the circumstances giving rise to the appointment have ceased to exist.

120. Appointments of officers in Police Force

Save as provided in Section 43(2) of this Constitution, power to make appointments (including power to confirm appointments) to offices in the Police Force of or above the rank of Inspector is vested in the Police and Correctional Service Commission.
Power to make appointments (including power to confirm appointments) in the Police Force below the rank of Inspector is vested in the Commissioner of Police.
There shall be in the Police Force such number of Police Promotion Boards, each consisting of officers in the Police Force above the rank of Inspector, as may be prescribed by regulations made under subsection (1) of this section.
In the exercise of the powers to make appointments to offices in the Police Force vested in him, the Commissioner of Police may refer any question relating to the promotion of an officer in the Police Force to a rank below that of Inspector to a Police Promotion Board for their advice, but he shall not be obliged to act in accordance with the advice given him by any such Board.
The Police and Correctional Service Commission may by regulations make provision for all or any of the following matters—
1. the number of Police Promotion Boards which shall be established for the Police Force;
2. the composition of any Police Promotion Board and the method of appointment and tenure of office of the members thereof; and
3. the manner in which a Police Promotion Board shall perform its functions.
The power to make appointments under subsection (1) of this section shall not extend to postings or transfers within the Police Force of officers in that Force, and the power to make such postings and transfers is vested in the Commissioner of Police.

121. Removal and discipline of members of Police Force

Save as provided in Section 129 of this Constitution and subsection (2) of this section, power to remove and to exercise disciplinary control over persons holding or acting in offices in the Police Force is vested in the Police and Correctional Service Commission.
The following powers are vested in the Commissioner of Police—
1. in respect of officers of or above the rank of Assistant Superintendent, the power to administer reprimands;
2. in respect of Inspectors, the power to exercise disciplinary control other than removal or reduction in rank; and
3. in respect of officers below the rank of Inspector, the power to exercise disciplinary control including the power of removal.
The Commissioner of Police may, by directions in writing, and subject to such conditions as he thinks fit, delegate to any officer in the Police Force of or above the rank of Inspector any of his powers under subsection (2)(c) of this section other than the power of removal, but an appeal from any award of punishment by such an officer shall lie to the Commissioner.

122. Appeal

Any police officer upon whom the Commissioner has imposed any punishment which includes—

reduction in rank; or
removal,

may appeal to the Police and Correctional Service Commission against either the finding or the punishment or both, and the Commission may confirm, set aside or vary the finding and confirm, set aside, reduce, suspend or otherwise vary the punishment:

Provided that nothing in this section shall be construed as empowering the award of any greater punishment than could have been awarded by the officer inflicting the punishment.

123. Appointments of officers in Correctional Service

Power to make appointments (including power to confirm appointments) to offices in the Correctional Service of or above the rank of Inspector is vested in the Police and Correctional Service Commission.
Power to make appointments (including power to confirm appointments) below the rank of Inspector is vested in the Commissioner of Correctional Service.
The power to make appointments under subsection (1) of this section shall not extend to postings or transfers within the Correctional Service of officers in that Service, and the power to make such postings and transfers is vested in the Commissioner of Correctional Service.

124. Removal and discipline of members of Correctional Service

Save as provided in subsection (2) of this section, power to remove and to exercise disciplinary control over persons holding or acting in offices in the Correctional Service is vested in the Police and Correctional Service Commission.
The following powers are vested in the Commissioner of Correctional Service—
1. in respect of officers of or above the rank of Inspector, the power to administer reprimands;
2. in respect of Inspectors, the power to exercise disciplinary control other than removal or reduction in rank; and
3. in respect of officers below the rank or Inspector, the power to exercise disciplinary control including the power of removal.
The Commissioner of Correctional Service may, by directions in writing and subject to such conditions as he thinks fit, delegate to any officer in the Correctional Service of or above the rank of Inspector any of his powers under subsection (2)(c) of this section other than the power of removal, but an appeal from any award of punishment by such an officer shall lie to the Commissioner of Correctional Service.

125. Appeal

Any officer in the Correctional Service upon whom the Commissioner of Correctional Service has imposed any punishment which includes—

reduction in rank; or
removal,

Provided that nothing in this section shall be construed as empowering the award of any greater punishment than could have been awarded by the officer inflicting the punishment.

125A. Amnesty or immunity from disciplinary proceedings

Notwithstanding the provisions of Section 121 or 124, members of the Solomon Islands Police Force and the Correctional Services who may be liable for disciplinary action in connection with their participation in the Para-Military operations conducted on the 5th day of June 2000 and the Joint Para-Military/Malaita Eagle Force security operations carried on thereafter until the 15th day of October, 2000, shall not be subjected to the powers of disciplinary control of the Police and Correctional Services Commission.

126. Removal from office of members of Commissions

A person holding an office to which this section applies (in this section referred to as “a Commissioner”) 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 this section.
A Commissioner shall be removed from office by the Governor-General if the question of his removal from that office has been referred to a tribunal appointed under the next following subsection and the tribunal has advised the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehaviour.
If the Governor-General considers that the question of removing a Commissioner ought to be investigated, then—
1. the Governor-General shall appoint a tribunal in accordance with the provisions of subsection (6) of this section; and
2. that tribunal shall inquire into the matter and report on the facts thereof to the Governor-General and advise the Governor-General whether the Commissioner ought to be removed under this section.
If the question of removing a Commissioner has been referred to a tribunal under this section, the Governor-General may suspend the Commissioner from performing the functions of his office, and any such suspension may at any time be revoked by the Governor-General, and shall in any case cease to have effect if the tribunal advises the Governor-General that the Commissioner should not be removed.
The offices to which this section applies are those of members of the Public Service Commission, appointed member of the teaching Service Commission under Section 116A(1)(b), members of the Judicial and Legal Service Commission appointed under Section 117(3) of this Constitution, and member of the Police and Correctional Service Commission appointed under Section 119(3) of this Constitution.
A tribunal appointed under this section shall consist of a chairman and two other members, and
1. in the case of tribunal to investigate the removal of a member of the Judicial and Legal Service Commission appointed under Section 117(3) of this Constitution, all members of the tribunal shall be persons who hold or have held high judicial office in some part of the Commonwealth; and
2. in any other case, the chairman shall be a person who holds or has held such office.
Except as provided in subsection (2) of this section, the functions of the Governor-General under this section shall be exercised by him in accordance with the advice of the Prime Minister.

127. Appointments, etc. to particular offices

Power to make appointments to the offices to which this section applies (including power to confirm appointments) and to remove and to exercise disciplinary control over persons holding or acting in such offices is vested in the Governor-General, acting in accordance with the advice of the Prime Minister tendered after the Prime Minister has consulted the Public Service Commission.
The offices to which this section applies are those of Ambassador, High Commissioner or other principal representative of Solomon Islands in any other country or accredited to any international organisation.

128. Appointment of Permanent Secretaries

Power to make appointments to the office of Permanent Secretary shall vest in the Public Service Commission acting with the concurrence of the Prime Minister.
Power of posting or transfer of a person holding the office of Permanent Secretary shall vest in the Prime Minister, acting after consultation with the Public Service Commission.

129. Tenure of office of certain public officers

The provisions of this section shall apply in relation to persons holding the offices of Auditor-General, Director of Public Prosecutions, Chief Electoral Officer, Public Solicitor and Commissioner of Police.
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 Governor-General 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 Governor-General and that person.
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 this section.
A person to whom this section applies shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under Section (5) of this section and the tribunal has recommended to the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehaviour.
If the Governor-General 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, or if the Prime Minister represents to the Governor-General that that question ought to be investigated, then—
1. the Governor-General shall appoint a tribunal, which shall consist of a Chairman who is a person who holds or has held high judicial office in some part of the Commonwealth, and not less than two other members; and
2. the tribunal shall inquire into the matter and report on the facts thereof to the Governor-General and recommend to the Governor-General whether the Person ought to be removed from office for inability as aforesaid or for misbehaviour.
If the question of removing a person to whom this section applies has been referred to a tribunal under subsection (5) of this section, the Governor-General may suspend the person from performing the functions of his office, and any such suspension may at any time be revoked by the Governor-General and shall in any case cease to have effect if the tribunal recommends to the Governor-General that the person should not be removed.
Except as provided in subsection (4) of this section, the functions of the Governor-General under this section shall be exercised by him—
1. in relation to the office of Auditor-General, in accordance with the advice of the Public Service Commission;
2. in relation to the office of Director of Public Prosecutions, Chief Electoral Officer or Public Solicitor, in accordance with the advice of the Judicial and Legal Service Commission; and
3. in relation to the office of Commissioner of Police, in his own deliberate judgment.
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 Governor-General at any time before the expiration of that period.

9

Nothing in this section shall prevent the appointment of a person who is not a citizen of Solomon Islands to any office to which this section applies for a term of years.
A person appointed to an office to which this section applies under this subsection shall cease to hold office on the expiration of the term for which he was appointed but shall otherwise be removed from office only in accordance with the provisions of this section.

130. Applicability of pensions law

Subject to the provisions or Section 132 of this Constitution, the law applicable to the grant and payment to any officer, or to his widow, children, dependants or personal representatives, of any pension, gratuity or other like allowance (in this section and in Sections 131 and 132 of this Constitution referred to as an “award”) in respect of the service of that officer in a public office shall be that in force on the relevant day or any later law not less favourable to the person concerned.
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 officer 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 officer on or after Independence Day, the day on which he becomes a public officer.
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.

131. Pensions, etc. charged on the Consolidated Fund

Awards granted under any law for the time being in force in Solomon Islands 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.

132. Grant and withholding of pensions, etc

The power to grant any award under any pensions law for the time being in force in Solomon Islands (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 Governor-General.
The power vested in the Governor-General by subsection (1) of this section shad be exercised by him—
1. in the case of an award payable in respect of the services of any person who, having been a public officer, was, immediately before the date on which he ceased to hold public office, serving as a judge of the High Court or the Court of Appeal, or Commissioner of Police in his own deliberate judgment;
2. in the case of an award payable in, respect of the services of any person who, having been a public officer, was, immediately before the date aforesaid, serving as Ombudsman, Director of Public Prosecution, or Public Solicitor, or in any office to which Section 118 of this Constitution applies at the date of the exercise of the power, in accordance with the advice of the Judicial and Legal Service Commission;
3. in the case of an award payable in respect of the services of any person who, having been a public officer, was, immediately before the date aforesaid, serving in any office in the Correctional Service or in the Police Force other than the office of Commissioner of Police, in accordance with the advice of the Police and Correctional Service Commission; and
4. in the case of an award payable in respect of the service of any other person for whom no other statutory or other provision has been made, in accordance with the advice of the Public Service Commission.
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.