Solomon Islands 1978 Constitution (reviewed 2018)

CHAPTER VIII. LEADERSHIP CODE

93. Application of this Chapter

The provisions of this Chapter apply to and in relation to—

1. the Governor-General;
2. the Prime Minister and the other Ministers;
3. the Leader of the Opposition and the Leader of the Independent Members;
4. all other members of Parliament;
5. the Speaker;
6. members of any Commission established by this Constitution;
7. public officers;
8. officers of the government of Honiara City, provincial government officers, members of the Honiara City council and provincial assemblies;
9. officers of statutory corporations and Government agencies; and
10. such other officers as Parliament may prescribe.

94. Responsibilities of office

1. A person to whom this Chapter applies has a duty to conduct himself in such a way, both in his public or official life and his private life, and in his associations with other persons, as not—
   1. to place himself in a position in which he has or could have a conflict of interests or in which the fair exercise of his public or official duties might be compromised;
   2. to demean his office or position;
   3. to allow his integrity to be called into question; or
   4. to endanger or diminish respect for and confidence in the integrity of the government of Solomon Islands.
2. In particular, a person to whom this Chapter applies shall not use his office for personal gain or enter into any transaction or engage in any enterprise or activity that might be expected to give rise to doubt in the public mind as to whether he is carrying out or has carried out the duty imposed by the preceding subsection.
3. It is the further duty of a person to whom this Chapter applies—
   1. to ensure, as far as is within his lawful power, that his spouse and children and any other persons for whom he is responsible, including nominees, trustees and agents, do not conduct themselves in a way that might be expected to give rise to doubt in the public mind as to his complying with his duties under this section; and
   2. if necessary, publicly to dissociate himself from any activity or enterprise of any of his associates, or of a person referred to in paragraph (a) of this subsection, that might be expected to give rise to such a doubt.
4. A person to whom this Chapter applies who—
   1. is convicted of an offence in respect of his office or position or in relation to the performance of his functions or duties;
   2. fails to carry out the obligations imposed by the preceding subsections of this section; or
   3. commits any act or omission prescribed under Section 95 of this Constitution as constituting misconduct in office,

   is guilty of misconduct in office.

95. Further provisions

Subject to the provisions of this Constitution, for the purposes of this Chapter, Parliament—

1. may make provision for the disclosure of the personal and business incomes and financial affairs of persons to whom this Chapter applies, and of their families and associates, and in particular of interest in contracts with governmental bodies and of directorship and similar offices held by them (including powers to nominate directors, trustees or agents, or similar officers);
2. may make provision for the disposal or temporary control of the assets or income of a person to whom this Chapter applies where this seems to be desirable for attaining the objects of this Chapter;
3. may prescribe specific acts or omissions consisting misconduct in office;
4. may create offences (including offences by persons to whom this Chapter applies and offences by other persons) and prescribe penalties for such offences;
5. shall provide for the investigation of cases of alleged or suspected misconduct in office;
6. shall provide for the reference of cases of alleged or suspected misconduct in office to such independent courts or tribunals as may be prescribed, and for the investigation and determination by such courts or tribunals of any such cases that may be referred to them in the manner prescribed;
7. shall make provision with respect to the powers and procedure of such courts or tribunals as may be prescribed under the preceding paragraph and shall prescribe the penalties or other consequences that may result from a lawful determination by any such court or tribunal that a person to whom this Chapter applies is guilty of misconduct in office; and
8. may make such other provision as may appear necessary or expedient for attaining the objects of this Chapter.