Solomon Islands 1978 Constitution (reviewed 2018) - Page 5 of 17

Table of Contents

CHAPTER V. THE EXECUTIVE

30. Executive authority of Solomon Islands

The executive authority of the people of Solomon Islands is vested in the Head of State.
Save otherwise provided in this Constitution, that authority may be exercised on behalf of the Head of State by the Governor-General either directly or through officers subordinate to him.
Nothing in this section shall preclude persons or authorities other than the Governor-General from exercising such functions as may be conferred upon them by any law.

31. Exercise of Governor-General’s functions

In the exercise of his functions under this Constitution or any other law, the Governor-General shall act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet except in cases where he is required by this Constitution to act in accordance with the advice of, or after consultation with, any person or authority other than the Cabinet or in his own deliberate judgment.
Where the Governor-General is required by this Constitution to exercise any function after consultation with any person or authority other than the Cabinet, he shall not be obliged to exercise that function in accordance with the advice of that person or authority.
Where the Governor-General is required by this Constitution to act in accordance with the advice of, or after consultation with, any person or authority, the question whether he has in any matter so acted shall not be called in question in any court of law.

32. Governor-General to be kept informed

The Prime Minister shall keep the Governor-General fully informed concerning the general conduct of the government of Solomon Islands and shall furnish the Governor-General with such information as he may request with respect to any particular matter relating to the government of Solomon Islands.

33. Ministers

There shall be a Prime Minister who shall be elected as such by the members of Parliament from amongst their number in accordance with the provisions of Schedule 2 to this Constitution.
There shall be, in addition to the office or Prime Minister such other offices of Minister of the Government, not exceeding eleven or such greater number as Parliament may prescribe, as may be established by the Governor-General, acting in accordance with the advice of the Prime Minister:Provided that one of such offices of Minister of the Government shall be that of Deputy Prime Minister.
The Ministers other than the Prime Minister shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister from among the members of Parliament:Provided that if occasion arises for making an appointment while Parliament is dissolved a person who was a member of Parliament immediately before the dissolution may be appointed.

34. Tenure of office of Ministers

If a resolution of no confidence in the Prime Minister is passed by Parliament by an absolute majority of the votes of members thereof the Governor-General shall remove the Prime Minister from office, whereupon the members of Parliament shall meet as soon as possible during the same session of Parliament to elect a new Prime Minister in accordance with the provisions of Schedule 2 to this Constitution.
A motion for a resolution of no confidence in the Prime Minister shall not be passed by Parliament unless notice of the motion has been given to the Speaker at least seven clear days before it is introduced.
The office of Prime Minister shall also become vacant—
1. when, after a general election, the members of Parliament meet to elect a Prime Minister in accordance with the provisions of Schedule 2 to this Constitution;
2. if he ceases to be a member of Parliament for any reason other than a dissolution of Parliament;
3. if he is elected as Speaker or Deputy Speaker; or
4. if he resigns such office by writing under his hand addressed to the Governor-General.
Subject to the next following subsection, during any period when the office of Prime Minister is vacant, the person who held that office immediately before the vacancy arose shall continue to perform the functions of Prime Minister until a person is elected to the office of Prime Minister in accordance with the provisions of Schedule 2 to this Constitution.
If the person holding the office of Prime Minister dies, the Governor-General shall, after consultation with the other Ministers, appoint one of them to perform the functions of Prime Minister until a person is elected to the office of Prime Minister in accordance with the provisions of Schedule 2 to this Constitution.
The office of a minister other than the Prime Minister shall become vacant—
1. upon the election of any person to the office of Prime Minister in accordance with the provisions of Schedule 2 to this Constitution;
2. if be ceases to be a member of Parliament for any reason other than a dissolution of Parliament;
3. if he is elected as Speaker or Deputy Speaker;
4. if he resigns such office by writing under his hand addressed to the Governor-General; or
5. if his appointment to the office of a Minister is revoked by the Governor-General acting in accordance with the advice of the Prime Minister.

35. The Cabinet

There shall be a Cabinet for Solomon Islands, consisting of the Prime Minister and the other Ministers.
The functions of the Cabinet shall be to advise the Governor-General in the government of Solomon Islands and the Cabinet shall be collectively responsible to Parliament for any advice given to the Governor-General by or under the general authority of the Cabinet and for all things done by or under the authority of any Minister in the execution of his office.
The provisions of the preceding subsection shall not apply in relation to—
1. the appointment and removal from office of Ministers, the assigning of responsibility to any Minister under Section 37 of this Constitution, or the authorisation of another Minister to perform the functions of the Prime Minister during illness or absence; or
2. the matters referred to in Section 45 of this Constitution (which relate to the Prerogative of Mercy).
The Attorney-General shall be the legal adviser to the Cabinet and as such shall attend the meetings of the Cabinet unless otherwise directed by the Cabinet.

36. Proceedings in Cabinet

The Cabinet shall be summoned by the Prime Minister.
The Prime Minister 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 present less than a majority of the members for the time being of the Cabinet.
Subject to 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 Prime Minister 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 of the Cabinet makes the presence of that person desirable:Provided that a person shall not be under any obligation to answer any question put to him by any member of the Cabinet at such meeting.

37. Assignment of responsibilities to Ministers

The Governor-General, acting in accordance with the advice of the Prime Minister, may, by directions in writing, assign to the Prime Minister or any other Minister responsibility for the conduct (subject to the provisions of this Constitution and any other law) of any business of the Government, including responsibility for the administration of any department of the Government.

38. Performance of Prime Minister’s functions during illness or absence

Whenever the Prime Minister is unable, by reason of illness or absence from Solomon Islands, to perform the functions conferred on him by this Constitution, those functions shall be performed by the Deputy Prime Minister or, if he too is unable to do so, the Governor-General may, by directions in writing, authorise some other Minister to perform those functions (other than the functions conferred by this section) and that Minister may perform those functions until his authority is revoked by the Governor-General.
The powers of the Governor-General under this section shall be exercised by him in accordance with the advice of the Prime Minister:Provided that if the Governor-General, acting in his own deliberate judgment, considers that it is impracticable to obtain the advice of the Prime Minister owing to the Prime Minister’s illness or absence, the Governor General may exercise those powers without that advice and in his own deliberate judgment.

39. Oaths to be taken by members of Cabinet

Before assuming the functions of his office every member of the Cabinet shall make before the Governor-General, or some person authorised in that behalf by the Governor-General, Oaths of allegiance and for the due execution of his office in the forms set out in Schedule 1 to this Constitution.

40. Direction, etc. of Government departments

Where any Minister has been charged with responsibility for the administration of any department of the Government, he shall exercise general direction and control over that department and, subject to such direction and control, any department in the charge of a Minister (including the office of the Prime Minister or any other Minister) shall be under the supervision of a Permanent Secretary or some other supervising officer whose office shall be a public office:

Provided that—

any such department may be under the joint supervision of two or more supervising officers; and
different parts of any such department may respectively be under the supervision of different supervising officers.

41. Secretary to Cabinet

There shall be a Secretary to the Cabinet whose office shall be that of a Permanent Secretary.
The Secretary to the Cabinet shall have charge of the office of the Cabinet and shall be responsible, in accordance with such instruction as may be given to him by the Prime Minister, for arranging the business for, and keeping the minutes of, the meetings 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 Prime Minister may from time to time direct.

42. Attorney-General

There shall be an Attorney-General whose office shall be a public office and who shall be the principal legal adviser to the Government.
The Attorney-General shall be appointed by the Judicial and Legal Service Commission acting in accordance with the advice of the Prime Minister.
No person shall be qualified to hold the office of Attorney-General unless he is entitled to practise in Solomon Islands as an advocate or as a barrister and solicitor.
If the Minister responsible for justice is not a person entitled to practise in Solomon Islands as an advocate or as a barrister and solicitor, the person holding the office of Attorney-General shall be entitled to take part in the proceedings of Parliament as adviser to the Government:Provided that he shall not be entitled to vote in Parliament or in any election for the office of Prime Minister.

43. Commissioner of Police

There shall be a Commissioner of Police, whose office shall be a public office.
The Commissioner of Police shall be appointed by the Governor-General acting in accordance with the advice of the Prime Minister tendered after the Prime Minister has consulted the Police and Correctional Service Commission.
The Police Force shall be under the command of the Commissioner of Police.
The Prime Minister, or such other Minister as may be authorised in that behalf by the Prime Minister, may give to the Commissioner of Police such general directions of policy with regard to the maintenance of public safety and public order as he may consider necessary and the Commissioner shall comply with such direction or cause them to be complied with.
Nothing in this section shall be construed as precluding the assignment to a Minister of responsibility under Section 37 of this Constitution for the organization, maintenance and administration of the Police Force, but the Commissioner of Police shall be responsible for determining the use and controlling the operations of the Force and, except as provided in the preceding subsection, the Commissioner shall not, in the exercise of his responsibilities and powers with respect to the use and operational control of the Force, be subject to the direction or control of any person or authority.

44. Constitution of offices

Subject to the provisions of this Constitution and of any other law, the Governor-General, acting on the advice of the Prime Minister, may constitute offices for Solomon Islands, make appointments to any such office and terminate any such appointment.

45. Prerogative of Mercy

The Governor-General may, in the name and on behalf of the Head of State—
1. grant to any person convicted of any offence under the law of Solomon Islands a pardon either free or subject to lawful conditions;
2. grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for such an offence;
3. substitute a less severe form of punishment for any punishment imposed on any person for such an offence; or
4. remit the whole or any part of any punishment imposed on any person for such an offence or any penalty or forfeiture otherwise due to the Crown on account of such an offence.
There shall be a Committee on the Prerogative of Mercy (in this section referred to as “the Committee”) which shall consist of the following members—
1. a Chairman and two other persons, one of whom shall be a qualified medical practitioner and the other of whom shall be a social worker, appointed by the Governor-General in his own deliberate judgment; and
2. one person nominated—
  1. by the Honiara City council, if the person whose case is being reviewed ordinarily resides in Honiara City; or
  2. by the provincial assembly of a province, if such a person ordinarily resides in that province.
Honiara City council and the provincial assembly of every province shall as soon as it is elected nominate a person for the purpose of subsection (2)(b) of this section for such period as it deems appropriate.
A member of the Committee appointed under subsection (2)(a) of this section shall vacate his seat on the Committee—
1. at the expiration of the term of his appointment (if any) specified in the instrument of his appointment; or
2. if his appointment is revoked by the Governor-General, acting in his own deliberate judgment.
In the exercise of the powers conferred upon him by subsection (1) of this section, the Governor-General shall act in accordance with the advice of the Committee.
The validity of the transaction of any business by the Committee shall not be affected by reason only of the fact that some person who was not entitled to do so took part in the proceedings.
Whenever any person has been sentenced to death (otherwise than by a court-martial) for an offence, a report on the case by the judge who presided at the trial (or, if a report cannot be obtained from that judge, a report on the case by the Chief Justice), together with such other information derived from the record of the case or elsewhere as may be required by or furnished to the Committee shall be taken into consideration at a meeting of the Committee, which shall then advise the Governor-General whether or not to exercise his powers under subsection (1) of this section in that case.