Preamble CHAPTER I. THE STATE AND THE CONSTITUTION 1. The State and Head of State 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 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 grounds of race, etc 16. Provisions for periods of public emergency 17. Compensation for contravention of rights and freedoms 18. Enforcement of protective provisions 19. Interpretation and savings CHAPTER III. CITIZENSHIP 20. Persons who become citizens on Independence Day 1 21. Persons entitled to be registered as citizens after Independence Day 22. Persons born on or after Independence Day 23. Avoidance of dual nationality 24. Commonwealth citizens 25. Powers of Parliament 26. Interpretation CHAPTER IV. THE GOVERNOR-GENERAL 27. Establishment of office of Governor-General 28. Acting Governor-General 29. Oaths to be taken by Governor-General CHAPTER V. THE EXECUTIVE 30. Executive authority of Solomon Islands 31. Exercise of Governor-General’s functions 32. Governor-General to be kept informed 33. Ministers 34. Tenure of office of Ministers 35. The Cabinet 36. Proceedings in Cabinet 37. Assignment of responsibilities to Ministers 38. Performance of Prime Minister’s functions during illness or absence 39. Oaths to be taken by members of Cabinet 40. Direction, etc. of Government departments 41. Secretary to Cabinet 42. Attorney-General 43. Commissioner of Police 44. Constitution of offices 45. Prerogative of Mercy CHAPTER VI. THE NATIONAL LEGISLATURE Part I. Parliament 46. Establishment of Parliament 47. Composition of Parliament 48. Qualifications for membership 49. Disqualifications from membership 50. Vacation of seats by member 51. Vacation of seat on sentence, etc 52. Determination of questions as to membership 53. Constituency Boundaries Commission 54. Constituencies 55. Qualifications and disqualifications for registration as an elector 56. Right to vote at elections 57. Electoral Commission 57A. Chief Electoral Officer 58. Functions of Electoral Commission Part II. Legislation and Procedure in Parliament 59. Power to make laws 60. Introduction of Bills, etc 61. Alteration of Constitution 62. Rules of Procedure of Parliament 63. Oath of allegiance 64. The Speaker and Deputy Speaker 65. Presiding in Parliament 66. Leaders of opposition and independent groups in Parliament 67. Quorum 68. Proceedings in Parliament 69. Privileges of Parliament and its members 69A. Members of Parliament (Entitlements) Commission 69B. Powers of the Members of Parliament (Entitlements) Commission 69C. Admissibility of entitlements to be in accordance with the regulations 70. Proceedings of Parliament to be held in public 71. Voting 72. Sessions of Parliament 73. Prorogation and dissolution 74. General elections CHAPTER VII. THE LEGAL SYSTEM Part I. The Application of Laws 75. Application of laws 76. Common law and customary law, etc Part II. The Judiciary a. The High Court 77. Establishment of High Court 78. Appointment of judges of High Court 78A. Functions of the Deputy Chief Justice 79. Acting judges and Commissioners of High Court 80. Tenure of office of judges of High Court 81. Judge may sit after appointment has terminated 82. Seal of High Court 83. Jurisdiction of High Court in constitutional questions 84. High Court and subordinate courts b. The Court of Appeal 85. Establishment of Court of Appeal 86. Appointment of judges of Court of Appeal 87. Tenure of office of judges of Court of Appeal 88. Judge may sit after appointment has terminated 89. Seal of Court of Appeal c. Rules of Court 90. Rules of court Part III. The Director of Public Prosecutions and the Public Solicitor 91. Director of Public Prosecutions 92. Public Solicitor CHAPTER VIII. LEADERSHIP CODE 93. Application of this Chapter 94. Responsibilities of office 95. Further provisions CHAPTER IX. THE OMBUDSMAN 96. Office of Ombudsman 97. Functions of Ombudsman 98. Discharge of functions of Ombudsman 99. Further provisions CHAPTER X. FINANCE 100. Consolidated Fund and Special Funds 101. Withdrawal of money from the Consolidated Fund 102. Authorisation of expenditure 103. Authorisation of expenditure in advance of appropriation 104. Delay in Appropriation Act owing to dissolution 105. Public debt and borrowing 106. Imposition of Taxation 107. Remuneration of certain officers 108. Auditor-General 109. Interpretation CHAPTER XI. LAND 110. Land 111. Non-customary land 112. Customary Land 113. Savings and interpretation CHAPTER XII. PROVINCIAL GOVERNMENT 114. Provincial government CHAPTER XIII. THE PUBLIC SERVICE 115. Public Service Commission 116. Appointments, etc. of public officers 116A. Teaching Service Commission 116B. Appointments, etc. of teachers 117. Judicial and Legal Service Commission 118. Appointments, etc. of judicial and legal officers 119. Police and Correctional Service Commission 120. Appointments of officers in Police Force 121. Removal and discipline of members of Police Force 122. Appeal 123. Appointments of officers in Correctional Service 124. Removal and discipline of members of Correctional Service 125. Appeal 125A. Amnesty or immunity from disciplinary proceedings 126. Removal from office of members of Commissions 127. Appointments, etc. to particular offices 128. Appointment of Permanent Secretaries 129. Tenure of office of certain public officers 9 130. Applicability of pensions law 131. Pensions, etc. charged on the Consolidated Fund 132. Grant and withholding of pensions, etc CHAPTER XIV. MISCELLANEOUS 133. Powers of appointment and acting appointments 134. Reappointments and concurrent appointments 135. Removal from office 136. Resignations 137. Performance of functions of Commissions, etc 138. Saving for jurisdiction of courts 139. Power to amend and revoke instruments, etc 140. Consultation 141. Oaths 142. National Seal 143. Establishment of certain offices 144. Interpretation 145. References to public office, etc SCHEDULE 1 TO THE CONSTITUTION. FORMS OF OATHS AND AFFIRMATIONS (Sections 29, 39, 63 and 141) 1. Oath of Allegiance 2. Oath for the due execution of the office of Governor-General 3. Oath for the due execution of the office of member of the Cabinet SCHEDULE 2 TO THE CONSTITUTION. ELECTION OF PRIME MINISTER (Section 33(1)) 1. Calling of election meeting 2. List of candidates 3. Candidature 4. Election may be countermanded or suspended 5. Method of voting 6. Conduct of meeting 7. Voting procedure 8. Announcement of results 9. Notification of result 10. Disputes 11. Functions of Governor-General SCHEDULE 3 TO THE CONSTITUTION. APPLICATION OF LAWS (Section 76) 2 3 4
There shall be a Governor-General of Solomon Islands who shall be appointed by the Head of State in accordance with an address from Parliament and who shall be the representative of the Head of State in Solomon Islands.
A person shall not be qualified for appointment to the office of Governor-General unless he is qualified for election as a member of Parliament under Chapter VI of this Constitution.
The office of Governor-General shall become vacant—
at the expiration of five years from the date of his appointment; or
if he is removed from office by the Head of State, in accordance with an address from Parliament supported by the votes of at least two-thirds of all the members thereof, for misbehaviour or for such other cause as may be prescribed by Parliament.
No person may be appointed as Governor-General for more than two terms of office.
Whenever the office of Governor-General is vacant or the holder of the office is absent from Solomon Islands or is for any other reason unable to perform the functions of his office, those functions shall be performed by the Speaker or, if the office of Speaker is vacant or the holder of that office is likewise absent or unable to perform those functions, by the Chief Justice.
A person appointed to the office of Governor-General or assuming the functions of that office under the preceding section shall, before entering upon the duties of that office, take and subscribe the oath of allegiance and the oath of office as prescribed in Schedule 1 to this Constitution, such oaths being administered by the Chief Justice or such other judge of the High Court or the Court of Appeal as may be designated by the Chief Justice.
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