Vanuatu 1980 Constitution (reviewed 2013)

CHAPTER 4. PARLIAMENT

15. PARLIAMENT

The legislature shall consist of a single chamber which shall be known as Parliament.

16. POWER TO MAKE LAWS

1. Parliament may make laws for the peace, order and good government of Vanuatu.
2. Parliament shall make laws by passing bills introduced either by one or more members or by the Prime Minister or a Minister.
3. When a bill has been passed by Parliament it shall be presented to the President of the Republic who shall assent to it within 2 weeks.
4. If the President considers that the bill is inconsistent with a provision of the Constitution he shall refer it to the Supreme Court for its opinion. The bill shall not be promulgated if the Supreme Court considers it inconsistent with a provision of the Constitution.

17. ELECTION OF MEMBERS OF PARLIAMENT

1. Parliament shall consist of members elected on the basis of universal franchise through an electoral system which includes an element of proportional representation so as to ensure fair representation of different political groups and opinions.
2. Subject to such conditions or restrictions as may be prescribed by Parliament every citizen of Vanuatu who is at least 25 years of age shall be eligible to stand for election to Parliament.

17A. VACATION OF SEAT WHERE MEMBER RESIGNS OR CEASES TO SUPPORT POLITICAL PARTY

1. This article applies to a member of Parliament if the member, having been a candidate of a political party and elected to Parliament resigns from, or ceases to support, the political party.
2. If the leader of the political party notifies the Speaker in writing that the member has resigned from, or ceased to support, the political party, the Speaker shall, at the next sitting of Parliament after the Speaker is so informed, make a declaration that the member has resigned from, or ceased to support, the political party.
3. If, within a period of 7 days of the declaration by the Speaker, the member does not institute legal proceedings in the Supreme Court to challenge the allegation that he or she has resigned from, or ceased to support, the political party, the member must vacate his or her seat at the end of that period.
4. If, within 7 days of the declaration by the Speaker, the member institutes legal proceedings in the Supreme Court to challenge the allegation that he or she has resigned from, or ceased to support, the political party, the member shall not vacate his or her seat unless and until:
   1. the proceedings are finally determined by a decision upholding the allegation that the member has resigned from, or ceased to support, the political party, being a decision in respect of which the time allowed for an appeal has expired without an appeal being filed; or
   2. the proceedings are withdrawn.
5. This Article shall not apply during the period when Parliament may pass a motion of no confidence in the Prime Minister.
6. This Article shall apply notwithstanding the provisions of Article 5 (1) of this Constitution.
7. If:
   1. a member of Parliament having been a candidate of a political party for the general election held on 6 July 2004, ceases to support, or resigns from, the political party before the commencement of this article; and
   2. on the commencement of this article, the member has not resumed support for, or rejoined, the political party;

   then, the member must, within 12 months after the commencement of this article, notify the Speaker of Parliament in writing whether he or she is a member of, or supports, another political party, or is an independent member of the Parliament supporting the Government or the Opposition or neither.

8. If the member does not give the required notice under subarticle (7), then, for the purposes of the application of this article to the member, he or she is deemed immediately after the commencement of this article to have ceased to support, or resigned from, the political party for which he or she stood as a candidate for the general election held on 6 July 2004.

17B. VACATION OF SEAT OF INDEPENDENT MEMBER

1. This Article applies to a member of Parliament if the member having been an independent candidate and elected to Parliament, affiliates with the Government or the Opposition, and then ceases to support the Government or the Opposition (whichever applies).
2. If the Prime Minister or the Leader of the Opposition, notifies the Speaker in writing that the member is an independent candidate who was elected to Parliament and affiliated with the Government or the Opposition, but has ceased to support the Government or the Opposition, the Speaker shall, at the next sitting of Parliament after the Speaker is so informed, make a declaration under paragraph (3) (a) or (b).
3. The declaration by the Speaker is that the member-
   1. is an independent candidate who was elected to Parliament and affiliated with the Government, but has ceased to support the Government; or
   2. is an independent candidate who was elected to Parliament and affiliated with the Opposition, but has ceased to support the Opposition.
4. If, within a period of 7 days of the declaration by the Speaker, the member does not institute legal proceedings in the Supreme Court to challenge the allegation that he or she is an independent candidate who was elected to Parliament and affiliated with the Government or the Opposition, but has ceased to support the Government or the Opposition, the member’s seat shall be taken to be vacated at the end of that period.
5. If, within 7 days of the declaration by the Speaker, the member institutes legal proceedings in the Supreme Court to challenge the allegation referred to in subarticle (4), the member’s seat shall not be taken to have been vacated unless and until:
   1. the proceedings are finally determined by a decision upholding the allegation, being a decision in respect of which the time allowed for an appeal has expired without an appeal being filed; or
   2. the proceedings are withdrawn.
6. This Article shall not apply during the period when Parliament may pass a motion of no confidence in the Prime Minister.
7. This Article shall apply notwithstanding the provisions of Article 5 (1) of this Constitution.

18. ELECTORAL COMMISSION

1. There shall be an Electoral Commission consisting of a chairman and two members appointed by the President of the Republic acting in accordance with the advice of the Judicial Service Commission.
2. The following persons shall not be qualified for appointment as chairman or member of the Commission-
   1. a member of or a candidate for election to Parliament;
   2. a member of or a candidate for election to provincial government or municipal councils;
   3. a member of or a candidate for election to the Malvatumauri Council of Chiefs;
   4. any person who exercises any position of responsibility in a political party.
3. A chairman or a member of the Commission shall vacate his office-
   1. at the expiration of 5 years from the date of his appointment; or
   2. if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such.

19. PRINCIPAL ELECTORAL OFFICER

There shall be a Principal Electoral Officer who shall be a public servant.

20. FUNCTIONS OF ELECTORAL COMMISSION AND PRINCIPAL ELECTORAL OFFICER

1. The Electoral Commission shall have general responsibility for and shall supervise the registration of electors and the conduct of elections to Parliament, the Malvatumauri Council of Chiefs, provincial government and municipal councils. The Commission shall have such powers and functions relating to such registration and elections as may be prescribed by Parliament.
2. The Principal Electoral Officer shall have such powers and functions relating to such registration and elections as may be prescribed by Parliament. The Principal Electoral Officer shall keep the Commission fully informed concerning the exercise of his functions and shall have the right to attend meetings of the Commission, and shall comply with any directions that the Commission may give to him in the exercise of his functions.
3. Every proposed bill and every proposed regulation or other instrument having the force of law relating to the registration of electors for the election of members of Parliament, the Malvatumauri Council of Chiefs, provincial government and municipal councils or to the election of such members shall be referred to the Commission and to the Principal Electoral Officer at such time as shall give them sufficient opportunity to make comments on it before the bill is introduced in Parliament or, as the case may be, before the regulation or instrument is made.
4. The Electoral Commission may lay before Parliament such reports concerning the matters under their supervision, or any draft bill or instrument that is referred to them, as they may think fit.

21. PROCEDURE OF PARLIAMENT

1. Parliament shall meet twice a year in ordinary session.
2. Parliament may meet in extraordinary session at the request of the majority of its members, the Speaker or the Prime Minister.
3. Unless otherwise provided in the Constitution, Parliament shall make its decisions by public vote by a simple majority of the members voting.
4. Unless otherwise provided in the Constitution, the quorum shall be two thirds of the members of Parliament. If there is no such quorum at the first sitting in any session Parliament shall meet 3 days later, and a simple majority of members shall then constitute a quorum.
5. For the purpose of subarticle (4), days means working days and not Saturday or Sunday.
6. Parliament shall make its own roles of procedure.

22. SPEAKER AND DEPUTY SPEAKERS

1. At its first sitting after any general election Parliament shall elect a Speaker and one or more Deputy Speakers.
2. The Speaker shall preside at sittings of Parliament and shall be responsible for maintaining order.
3. The functions of Speaker may be exercised by a Deputy Speaker.

23. COMMITTEES

Parliament may establish committees and appoint members to them.

24. PROCEEDINGS TO BE PUBLIC

Unless otherwise provided proceedings of Parliament shall be held in public.

25. PUBLIC FINANCE

1. Every year the Government shall present a bill for a budget to Parliament for its approval.
2. No taxation shall be imposed or altered and no expenditure of public funds shall be incurred except by or under a law passed by Parliament.
3. No motion for the levying or increase of taxation or for the expenditure of public funds shall be introduced unless it is supported by the Government.
4. Parliament shall provide for the office of Auditor-General, who shall be appointed by the Public Service Commission on its own initiative.
5. The function of the Auditor-General shall be to audit and report to Parliament and the Government on the public accounts of Vanuatu.
6. The Auditor-General shall not be subject to the direction or control of Boy other person or body in the exercise of his functions.

26. RATIFICATION OF TREATIES

Treaties negotiated by the Government shall be presented to Parliament for ratification when they-

1. concern international organisations, peace or trade;
2. commit the expenditure of public funds;
3. affect the status of people;
4. require amendment of the laws of the Republic of Vanuatu; or
5. provide for the transfer, exchange or annexing of territory.

27. PRIVILEGES OF MEMBERS

1. No member of Parliament may be arrested, detained, prosecuted or proceeded against in respect of opinions given or votes cast by him in Parliament in the exercise of his office.
2. No member may, during a session of Parliament or of one of its committees, be arrested or prosecuted for any offence, except with the authorisation of Parliament in exceptional circumstances.

28. LIFE OF PARLIAMENT

1. Parliament, unless sooner dissolved under paragraph (2) or (3), shall continue for 4 years from the date of its election.
2. Parliament may at any time decide, by resolution supported by the votes of an absolute majority of the members at a special sitting when at least three-fourths of the members are present, to dissolve Parliament. At least 1 week’s notice of such a motion shall be given to the Speaker before the debate and the vote on it.
3. The President of the Republic may, on the advice of the Council of Ministers, dissolve Parliament.
4. General elections shall be held not earlier than 30 days and not later than 60 days after any dissolution.
5. There shall be no dissolution of Parliament within 12 months of the general elections following a dissolution under subarticle (2) or (3).