User:Glide08/Sandbox/Caledonia (old)

The Constitution

of the

Republic of Caledonia

CHAPTER I. The Republic

1. Declaration of Republic

Caledonia is a sovereign, free, independent, unitary, indivisible, multi-ethnic, multi-racial, multi-religious, multi-cultural and multi-party democratic republic, united in its territory, people, and institutions, and founded on work, on respect for the fundamental rights and freedoms of the individual, and on respect for social justice and equality of rights and duties among all citizens without discrimination.

2. Political System

(1) The people are the source of authority and sovereignty, and shall exercise the same in accordance with the provisions of this Constitution.

(2) The political system is established on the principle of separation, balance, and cooperation amongst the various branches of Government.

CHAPTER II. Fundamental Rights and Freedoms

Status, Application and Interpretation

11. Status of this Chapter.

(1) This Chapter is fundamental to democracy and constitutionalism and shall be the basis of Caledonia's social, political, legal, economic and cultural policies and State action. (2) The rights and freedoms set out in this Chapter— (a) are inherent in each individual; (b) protect the dignity of the person; (c) include rights and freedoms which are consistent with this Constitution but not expressly provided for, except those that are repugnant to the morals and values of the people of Caledonia; and (d) are subject to the limitations, derogations and restrictions provided for in Articles 53,54 and 55.

12. Recognition of role of civil society.

The State shall recognize the role of civil society in the promotion and protection of the provisions of this Chapter.

13. Development of jurisprudence and interpretation of this Chapter.

(1) Where legislation does not give effect to a right or freedom, the Constitutional Court shall develop human rights jurisprudence. (2) A court, the Human Rights Commission, a State institution, a person or body shall interpret a right or freedom in a manner consistent with Articles 11, 266, 267 and 272.

Civil and Political Rights

14. Protection from discrimination A person shall not be discriminated against, except under a law that provides for affirmative action.

15. Right to life (1) A person has the right to life. (2) The life of a person begins at conception. (3) A person shall not be deprived of life intentionally, except for a capital offence the sentence of which is death, subject to limitations, defenses and extent prescribed. (4) A court shall not impose a sentence of death on a convict— (a) who is pregnant; (b) who is a child; or (c) where there are extenuating circumstances relating to the commission of the offence.

16. Freedom of person A person has the right to freedom of the person which includes the right not to be deprived of that freedom arbitrarily.

17. Security of person and protection from inhuman treatment (1) A person has the right to security of the person which includes the right not to be subjected to human trafficking. (2) A person has the right not to be— (a) subjected to torture; or (b) treated or punished in a cruel, inhuman or degrading manner.

18. Protection from slavery, servitude and forced labor (1) A person shall not be held in slavery or servitude. (2) A person shall not be required to perform forced labor.

19. Protection of privacy of person, home, property and communication A person has the right to privacy, which includes the right not to— (a) be searched; (b) have that person’s home or property searched; (c) have that person’s possessions seized; (d) have information relating to that person’s family, health status or private affairs unlawfully required or revealed; or (e) have the privacy of that person’s communications infringed.

20. Freedom of conscience, belief and religion (1) A person has the right to freedom of conscience, belief and religion. (2) A person has the right, individually or in community with others, publicly or privately, to manifest any religion or belief through worship, observance, practice or teaching, including the observance of a day of worship. (3) Clause (2) does not extend to conduct or statements that infringe the enjoyment of freedom of conscience, belief and religion by others or that may incite religious wars. (4) A person shall not be compelled to act, or engage in an act that is, contrary to that person’s conscience, belief or religion. (5) A person shall not be deprived of access to an institution or a facility on the basis of that person’s belief or religion.

21. Freedom of expression (1) A person has the right to freedom of expression which includes— (a) freedom to hold an opinion; (b) freedom to receive or impart information or ideas; (c) freedom of artistic creativity; (d) academic freedom; and (e) freedom of scientific and technological research, as prescribed. (2) Clause (1) does not extend to— (a) conduct or statements which incite war, genocide, crimes against humanity or other forms of violence; or (b) statements which— (i) vilify or disparage others; or (ii) incite hatred.

22. Access to information (1) A person has the right of access to information held by the State or another person which is lawfully required for the exercise or protection of a right or freedom. (2) A person has the right to demand the correction of false or misleading information recorded or published about that person. (3) The State shall proactively publicize information that is in the public interest or affects the welfare of the Nation.

23. Freedom of media (1) Subject to clause (3), the freedom and independence of electronic, broadcasting, print and other forms of media is guaranteed. (2) The State shall not exercise control over or interfere with a person engaged in— (a) broadcasting or the production or circulation of publications; or (b) the dissemination of information through any media. (3) The State may license broadcasting and other electronic media where it is necessary to regulate signals and signal distribution. (4) Public media shall— (a) independently determine the editorial content of their broadcasts or communications; and (b) afford fair opportunity for the presentation of divergent views and dissenting opinions.

24. General political rights A citizen has a right to participate in political activities.

25. Freedom of association (1) A person has the right to freedom of association, which includes the right to form, join or participate in the activities of an association. (2) A person shall not be compelled to join an association.

26. Right to assemble, demonstrate, picket and petition A person has the right, peacefully and unarmed, to assemble, demonstrate or picket and present petitions to State organs and State institutions.

27. Freedom of movement and residence A person has the right to freedom of movement, which includes the right— (a) as a citizen, to a passport; and (b) to enter, remain, leave and reside anywhere in the Republic, subject to the imposition of restrictions on the entry, movement or residence of persons who are not citizens, as prescribed.

28. Non-refoulement for asylum seekers and refugees A person who is granted asylum or refuge in Caledonia has a right not to be returned to the country of origin or a third country if that person has a well founded fear of persecution, in the country of origin or a third country, which justifies that person’s request for asylum or refuge.

29. Acquisition and protection of property (1) A person has the right, individually or in association with others, to own property in any part of Caledonia. (2) The State or a person shall not arbitrarily deprive a person of property. (3) The State shall not compulsorily acquire a person’s property unless the acquisition is in the public interest. (4) Where a person’s property is compulsorily acquired in accordance with clause (3)— (a) the State shall promptly, adequately and effectively compensate that person; and (b) that person, or any person who has an interest in or right over that property, has a right of access to a court. (5) Where the State compulsorily acquires land from occupants who have acquired the land in good faith and who do not hold title to the land, the State shall provide for compensation to be paid to the occupants, as prescribed. (6) The rights under this Article do not extend to property unlawfully acquired.

30. Equality before law All persons are equal before the law and have the right to equal protection and benefit of the law.

31. Fair administration A person has the right to administrative action that is expeditious, lawful, reasonable and procedurally fair.

32. Access to justice (1) A person has the right to access justice. (2) A person has the right to execute a judgment against the State after one year of the delivery of the judgment. (3) A court shall not order security for costs on matters of public interest litigation.

33. Rights of suspects A person who is suspected of committing an offence is entitled to— (a) remain silent; and (b) be informed in a language which that person understands of the (i) right to remain silent; and (ii) consequences of remaining silent.

34. Rights of persons in custody (1) A person shall not be held in custody without being charged. (2) A person who is held in custody retains that person’s rights and freedoms, except to the extent that a right or freedom is incompatible with being in custody. (3) A person who is held in custody is entitled to petition for a writ of habeas corpus.

35. Rights of accused persons and detainees Subject to Articles 52, 53, 54, 55 and 56, an accused person or a detainee has the right— (a) to remain silent; (b) to be informed in a language which that person understands of the (i) right to remain silent; and (ii) consequences of remaining silent; (c) to be informed, as soon as reasonably practicable, of the reasons for the arrest or detention (i) in a language which that person understands; (ii) in the case of a visually impaired person, in Braille or tactile diagrams; (iii) in the case of a deaf person, in sign language; or (iv) in another appropriate form of communication; (d) not to be compelled to make a confession or an admission; (e) to be held separately from persons who are serving a sentence; (j) to be released on bond, unless there is compelling reason to the contrary; and (g) to be brought before a court (i) within forty-eight hours after being arrested or detained; (ii) not later than the end of the first court day after the expiry of the forty-eight hours, if the forty eight hours expire outside ordinary court hours; (iii) as speedily as possible, if that person is arrested or detained far from a court; (iv) for trial within ninety days of being arrested; or (v) to be released on bail, as prescribed.

36. Fair trial (1) A person has the right to have a dispute decided timely and to have a fair hearing before a court or, where appropriate, an independent and impartial tribunal. (2) An accused person or a detainee has the right to a fair trial, which includes the right— (a) to be presumed innocent until the contrary is proved; (b) to be informed, as soon as is reasonably practicable, of the charge with sufficient details to answer the charge; (c) to have adequate time and facilities to prepare a defense; (d) to be present when being tried, unless the conduct of the accused person or detainee makes it impossible for the trial to proceed; (e) to have the trial commenced and judgment given without unreasonable delay; (f) to compensation for wrongful detention or imprisonment; (g) to choose, and be represented by, a legal practitioner and to be informed of this right before taking plea; (h) to have a legal practitioner assigned to the accused person by the State, at public expense, if substantial injustice would otherwise result; (i) to be informed promptly of the right in paragraph (h); (j) to remain silent during the trial and not to testily during the proceedings; (k) to challenge and adduce evidence; (l) not to have illegally obtained evidence admissible at the trial; (m) not to be compelled to give self-incriminating evidence; (n) to have, without payment, the assistance of an interpreter if the accused person cannot understand the language used at the trial and, in the case of a deaf person, a sign language interpreter; (o) not to be charged, tried or convicted for an act or omission that was not, at the time it was committed or omitted, an offence under a written law; (p) not to be tried for an offence in respect of an act or omission for which that person had previously been acquitted or convicted; (q) to the benefit of the least severe of the prescribed punishment, if the prescribed punishment for an offence was changed between the time that offence was committed and the time of sentencing; and (r) of appeal to, or review by, a higher court. (3) Where this Article requires information to be given to a person, that information shall be given— (a) in a language which that person understands; (b) in the case of a visually impaired person, in Braille or tactile diagrams; (c) in the case of a deaf person, in sign language; or (d) in another appropriate form of communication.

37. Right to retrial and re-examination of evidence (1) A person who is convicted of an offence and whose appeal has been dismissed by the highest court to which that person is entitled to appeal, may petition the Supreme Court for a retrial if new and compelling evidence is available. (2) Where there is compelling evidence that a person may be innocent of an offence, the State may petition the Supreme Court to reexamine that evidence and determine whether that person committed the offence or not.

38. Equality of both genders (1) Women and men have the right to equal treatment and opportunities. (2) Women and men have an equal right to inherit, own, use, administer and control property. (3) A woman and a man have equal rights in the marriage and at the dissolution of the marriage. (4) Without limiting a right or freedom, women and men have the right to— (a) reproductive health, including family planning and access to related information and education; (b) acquire, change or retain their nationality, including the right to change the nationality of their child if this is in the best interest of the child; (c) choose residence and domicile; (d) guardianship or adoption of a child; and (e) choose a family name.

Economic, Social, Cultural and Environmental Rights

39. Economic and social rights (1) A person has the right, as prescribed, to— (a) health care services; (b) decent housing; (c) food of acceptable standard; (d) clean and safe water; (e) decent sanitation; (f) social protection; and (g) education. (2) A person shall not be denied emergency medical treatment.

40. Choice of trade, occupation or profession A person has the right to choose a trade, an occupation or a profession, subject to limitations imposed by law.

41. Labor relations (1) A person has the right to employment and fair labor practices. (2) A person in employment has the right to— (a) fair remuneration commensurate to the productivity or size of the enterprise; (b) decent working conditions; (c) a pension benefit commensurate with that person’s office, salary and length of service; and (d) form, join or participate in the activities and programs of a trade union, including going on a lawful strike. (3) An employer has the right to— (a) form and join an employers’ organization; (b) participate in the activities and programs of an employers’ organization; and (c) lock out. (4) A trade union and an employers’ organization have the right to— (a) determine their own administration, programs and activities; and (b) form or join a federation.

42. Consumer rights A consumer has the right to— (a) goods and services of reasonable quality and standard; (b) information necessary to gain full benefit from goods and services; (c) compensation for loss or injury arising from a defect in goods or services; and (d) fair, honest and decent advertising of goods and services.

43. Language, culture and intellectual property rights (1) Subject to Article 258, a person has the right to use a language of that person’s choice. (2) A person who belongs to a cultural or linguistic community has the right, with other members of that community to— (a) enjoy that person’s culture; and (b) form,join or maintain cultural and linguistic associations. (3) A person shall not be compelled to— (a) perform, observe or participate in cultural practices or rites; or (b) form,join, contribute, maintain or pay allegiance to a cultural or linguistic association. (4) The State shall— (a) recognize the role of science, technology and indigenous technology in the development of the Nation; and (b) support, promote and protect intellectual property rights.

44. Environment A person has the right to a safe, clean and healthy environment.

45. Progressive realization of economic, social, cultural and environmental rights (1) The State shall take reasonable measures for the progressive realization of economic, social, cultural and environmental rights. (2) Where a claim is made against the State on the non-realization of an economic, social, cultural or environmental right, it is the responsibility of the State to show that the resources are not available. (3) The Constitutional Court shall not interfere with a decision by the State concerning the allocation of available resources for the progressive realization of economic, social, cultural and environmental rights.

46. Further rights for older members of society The older members of society are further entitled to the right to— (a) participate fully in the affairs of society; (b) personal development; (c) independent living; and (d) social protection, as prescribed.

47. Further protections and rights relating to marriage and family (1) The State shall recognize and protect the family as the natural and fundamental unit of society and the necessary basis of the social order. (2) A person who is nineteen years of age or older has the right to choose a spouse of the opposite sex and marry. (3) The State shall— (a) ensure the right of women to adequate maternity leave; (b) ensure the availability of adequate paternity leave; (c) ensure the availability of maternal health care and child health care; and (d) promote the establishment of childcare facilities. (4) A pregnant or nursing woman has the right to a noncustodial sentence, except as a measure of last resort where she poses a danger to the community.

48. Special and further rights for children (1) A child is equal before the law. (2) In all actions and decisions concerning a child, the best interest of the child shall be the primary consideration. (3) A child’s mother and father, whether married to each other or not, have an equal duty to protect and provide for the child. (4) A child is further entitled to the following civil and political rights: (a) to acquire a nationality; (b) to registration of birth and to a name; (c) not to be subjected to corporal punishment or other form of violence, cruel or inhuman treatment in the home, school or an institution responsible for the care of children; (d) to be protected in times of armed conflict and not to be recruited and used in armed conflict; (e) not to take part in hostilities; (f) to protection from all forms of sexual exploitation or abuse; (g) not to be subjected to harmful cultural rites and practices; (h) not to be incarcerated on account of the mother’s incarceration; (i) not to be held in custody, except as a measure of last resort, in which case the child shall be— (i) held in custody for a period of not more than forty-eight hours; (ii) kept separate from adults in custody; (iii) accorded legal assistance by the State; (iv) treated in a manner and be kept in conditions that take into account the child’s gender and age; and (v) tried in a Children’s Court; (j) to protection of the child’s identity from exposure by the media or a person during criminal proceedings; (k) not to be discriminated against, neglected or abused; (l) not to be engaged in work that is exploitative or likely to be hazardous or adverse to the child’s health or welfare; (m) not to marry or be forced to marry; (n) to know of decisions affecting the child, to express an opinion and have that opinion taken into account, having regard to the age and maturity of that child and the nature of the decision; and (o) to diversion programs. (5) A child is further entitled to the following economic and social rights: (a) parental care or, where the child is separated from its parents, to appropriate alternative care; (b) free primary and secondary education; (c) survival and development; (d) adequate nutrition, shelter, basic health care services, social protection and social services; and (e) a standard of living adequate for the child’s physical, mental, spiritual, moral and social development. (6) The State shall protect a child— (a) with special needs; (b) who is orphaned; (c) whose parent or guardian is in prison; (d) whose parent or guardian is unfit to look after the child; (e) with disability; (f) who is a refugee; and (g) who is homeless or lives or spends time on the streets.

49. Further rights for youth The youth are further entitled to the right to— (a) personal development; (b) participate in governance; (c) access gainful employment; and (d) participate in the social, economic, political and other spheres of national life.

50. Further protection of young persons (1) Subject to clause (2), a person shall not engage a young person in an occupation or employment which would prejudice the health, education or interfere with the physical, mental or moral development of that young person. (2) A young person may be employed for a wage, as prescribed.

51. Further rights for persons with disabilities A person with disability is further entitled to the right to— (a) education and facilities that integrate the person into society; (b) access to the physical environment, information, communication, public facilities and services, places and transportation; (c) access materials, facilities and assistive devices for persons with disability; (d) use sign language, Braille or other appropriate means of communication; (e) be addressed or referred to in an enactment or officially, publicly or privately, in a manner that is not demeaning, derogatory or discriminatory; (f) equal opportunities in cultural, political, economic and social activities; (g) tax free materials and assistive devices; (h) personal development and independent living; and (i) social protection, as prescribed.

Non-derogable Rights and Freedoms, Limitations and Derogations

52. Non-derogable rights and freedoms Despite any other provision, a law shall not derogate from the following rights and freedoms: (a) security of person and protection from inhuman treatment; (b) protection from slavery, servitude or forced labor; (c) freedom of conscience, belief and religion; (d) the right to a writ of habeas corpus; (e) non-refoulement as provided for in Article 28; and (f) a right to a fair trial.

53. Limitations on rights and freedoms A right or freedom is limited by— (a) a limitation, restriction or qualification expressly set out in the Article or clause containing that right or freedom; (b) the limitations and restrictions specified in this Article and Article 54; and (c) the limitations and restrictions provided in a law of general application as provided in Article 54, which do not negate the core or the essential content of the right or freedom and is reasonable and justifiable in a democratic society, taking into account— (i) the nature of the right; (ii) the purpose of the limitation or restriction; (iii) the extent of the limitation or restriction; and (iv) whether there are alternative means to achieve the required purpose.

54. Limitations and restrictions under law A law that limits or restricts a right or freedom is valid only to the extent that the law— (a) is reasonably required in the interest of public defense and security, public safety, public order, public morality, public health, national, provincial and local spatial planning, taxation or the development, management and utilization of natural and mineral resources; (b) relates to the acquisition of property to secure the development, management or utilization of the property for a purpose beneficial to the community or the public generally, upon the payment of due compensation; (c) relates to a contract, lease, trust, settlement, deed, letter of administration, tenancy, mortgage, charge, pledge, bill of sale or title deed to land or other instrument; (d) provides for licensing of activities; (e) is required to enforce a judgment or an order of a court or tribunal; or (f) imposes restrictions and duties on defense and security officers, other public officers and Constitutional officeholders.

55. Derogation of rights and freedoms during emergency or national disaster An act or measure taken, under a law, during war, state of public emergency, threatened state of public emergency or a national disaster shall not be inconsistent with this Part— (a) if the act or measure taken is reasonably justifiable for dealing with the war, state of public emergency, threatened state of public emergency or national disaster; and (b) if the law provides for the necessary detention of persons during a war, state of public emergency or threatened state of public emergency, subject to Article 56.

56. Measures applicable during war or emergency (1) Where a person is detained during a war, state of public emergency or threatened state of public emergency, the following shall apply: (a) that person shall, as soon as is reasonably practicable, and in any case not more than fourteen days after the commencement of the detention or restriction, be furnished with a statement, in writing, specifying, in detail, the grounds of the restriction or detention (b) not more than seven days after the commencement of the detention a notification shall be published in the Gazette— (i) giving particulars of the place of detention; and (ii) stating the provision of the law under which the detention is authorized; (c) if that person so requests, at any time during the period of the detention or not later than twenty-one days after the commencement of the detention and at intervals of not more than thirty days thereafter, the case shall be reviewed by the Constitutional Court; (d) that person shall be afforded reasonable facilities to consult a legal practitioner of that person’s choice who shall be permitted to make representations to the authority by which the detention was ordered or to the Constitutional Court; and (e) at the hearing of the case by the Constitutional Court, that person may challenge the— (i) detention; or (ii) validity of the declaration of war, state of public emergency or threatened state of public emergency and the measures taken during that period. (2) The President may refer to the Constitutional Court for review the case of a person who has been or is detained under a detention order under any law. (3) The Constitutional Court shall make a decision on a matter reviewed by it under this Article.

Enforcement of this Chapter

57. Enforcement of this Chapter.

(1) A person who alleges that a provision of this Chapter has been or is being contravened, in relation to the person, may apply for redress to the Constitutional Court or to another court which that person has immediate access to. (2) A person may bring an action against the violation of another person’s rights and freedoms.

58. Report on realization of rights and freedoms The President shall, each year, when addressing the National Assembly, report on the measures taken by the State in the realization of the provisions of this Chapter.

CHAPTER IV. Suffrage

67. Central Electoral Commission

(1) There shall be a Central Electoral Commission which shall consist of a Chairman and such number of other members as may be appointed under subsection (3), and shall exercise such functions in relation to elections as may be conferred upon it by this Constitution or by an Act of the National Assembly.

(2) The Chairman of the Central Electoral Commission shall be elected by the Supreme Court from among persons who are puisne justices of the Supreme Court.

(3) The other members of the Central Electoral Commission, being one for each party which is represented by three or more members of the National Assembly, shall be appointed by the Chairman of the Commission, after consultation with the members of the Assembly representing that party.

(4) A person shall not be qualified to be appointed as a member of the Central Electoral Commission under subsection (3) if he is the President, a Minister, an Assistant Minister, a member of the National Assembly, a Senator or a public officer.

(5) Subject to the provisions of this section, a member of the Central Electoral Commission shall vacate his office-

(a) at the expiration of three years from the date of his election or appointment;

(b) if, being the Chairman of the Central Electoral Commission, he ceases to be a puisne justice of the Supreme Court;

(c) if, being a member of the Commission appointed under subsection (3), in consequence of changes in the membership of the National Assembly resulting from a general election or from a by-election, the party for which he is appointed ceases to be represented by three or more members of the Assembly; or

(d) if, being a member of the Commission appointed under subsection (3), any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such.

(6) A member of the Central Electoral Commission appointed under subsection (3) may be removed from office by the Chairman of the Commission, after consultation with the members of the Assembly representing the party for which that member is appointed, on the grounds of inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.

66. The franchise

Every citizen of Caledonia who has attained the age of eighteen years shall, unless he is disqualified by the National Assembly from voting in public elections on the grounds of his having been convicted of an offence in connection with elections or on the grounds of his having been declared mentally infirm by a court, be entitled so to vote in the constituency in which his primary residence is situated in accordance with the provisions made by or under an Act of the National Assembly in that behalf; and no other person may so vote.

62. Disqualifications for elected office

(1) No person shall be qualified to be elected to a publicly-elected office—

(a) who is under a declaration of allegiance to some country other than Caledonia;

(b) who is, under any law in force in Caledonia, adjudged or otherwise declared to be of unsound mind; or

(c) who is under sentence of death imposed on him by any court in Caledonia or a sentence of imprisonment (by whatever name called) imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court.

(2) The National Assembly may provide that a person who holds or is acting in any office that is specified by the National Assembly and the functions of which involve responsibility for, or in connection with, the conduct of any public election or the compilation of any register of voters for the purposes of such an election shall not be qualified to be elected as a member of the Assembly.

(4) The National Assembly may provide that a person who is convicted by any court of any offence that is prescribed by the National Assembly and that is connected with public elections or who is reported guilty of such an offence by the court trying an election petition shall not be qualified to be nominated for election to a publicly-elected office for such period (not exceeding five years) following his conviction or, as the case may be, following the report of the court as may be so prescribed.

(5) The National Assembly may provide that, subject to such exceptions and limitations (if any) as may be prescribed, a person shall be disqualified to hod a publicly-elected office by virtue of—

(a) his holding or acting in any office or appointment that may be prescribed ;

(b) his belonging to any of the armed forces of Caledonia that may be prescribed; or

(c) his belonging to any police force.

(6) In this section the reference to a sentence of imprisonment shall be construed as not including a sentence of imprisonment the execution of which is suspended or a sentence of imprisonment imposed in default of payment of a fine.

CHAPTER IV. The Executive

Part 1. The President

31. The office of President

(1) There shall be a President of the Republic of Caledonia who shall be the Head of State, the supreme executive authority of the Republic and the Commander-in-Chief of the Armed Forces.

(2) The President shall be the guardian of the Constitution and a symbol of national unity and sovereignty.

(3) The President shall have power to ensure, by his arbitration, the proper functioning of the public authorities and the continued existence of the state.

(4) The President shall the guarantor of national independence and territorial integrity, and shall ensure respect for treaties and international agreements.

32. Qualifications for election as President

Subject to the provisions of section 62 of this Constitution, a person shall be qualified to be elected as President if, and shall not be qualified to be so elected unless, he—

(a) is a citizen of Caledonia;

(b) has attained the age of thirty years; and

(c) is qualified as a voter for the purposes of section 66 of this Constitution.

33. Election of President

(1) An ordinary Presidential election shall be held on the first Thursday in May in the fifth calendar year following that in which the previous ordinary Presidential election was held.

(2) If the office of President becomes vacant by reason of the death or resignation of the President or by reason of the President ceasing to hold office by virtue of section 35 or 36 of this Constitution, an extraordinary Presidential election shall be held on the last Thursday within sixty days from the date of the vacancy:

Provided that, if the office of President falls vacant and the resulting extraordinary Presidential election would be held within the period of six months ending with the day on which the poll at the next ordinary Presidential election would be held, that extraordinary Presidential election shall not be held.

(3) A Presidential election (whether ordinary or extraordinary) shall be held in such manner as is prescribed by this section and, subject thereto, by or under an Act of the National Assembly.

(4) Nominations in the election of a President shall be delivered to the returning officer on such day and at such time as may be prescribed by or under an Act of the National Assembly; the nomination of a candidate in an election of a President shall not be valid unless it is supported, in such manner as may be prescribed by or under an Act of the National Assembly, by not less than thirty thousand persons registered as voters for the purposes of elections to the National Assembly.

(5) Where, at the expiration of the time for the delivery of nominations, only one qualified candidate is validly nominated in an election of a President, a poll shall be taken in every constituency, at which the votes shall be given, by secret ballot, either in favor of or against that candidate, and the returning officer shall declare that candidate to be elected as President if a majority of valid votes cast in the Presidential election are in his favor, and where, at the expiration of that time, more than one qualified candidate is validly nominated the following provisions shall apply:

(a) A poll shall be taken in every constituency, at which the votes shall be given, by secret ballot, in favor of any of the Presidential candidates standing for election;

(b) the returning officer shall declare to be elected as President the candidate who receives more than half of the valid votes cast in the Presidential election;

(c) where no Presidential candidate is entitled to be declared elected under paragraph (b) of this subsection, a second ballot shall be commenced and held on the second Thursday following the first ballot;

(d) in any second ballot held under paragraph (c) of this subsection, only the candidates who in the first ballot have received the highest and second-highest numbers of votes shall stand for election, and the returning officer shall declare to be elected as President the candidate who receives the greatest number of valid votes cast in the Second Ballot.

(e) where there is an equality of votes entitling more than one candidate to be declared elected under paragraph (d) of this subsection, one of those candidates shall be selected as President by the drawing of lots.

(6) The Chairman of the Central Electoral Commission shall be the returning officer for the purposes of elections to the office of President.

(7) A person elected to the office of President under this section shall assume that office—

(a) if he is so elected in an ordinary Presidential election, on the first Tuesday in June next following that election; or

(b) if he is so elected in an extraordinary Presidential election, on the day upon which he is declared elected.

34. Tenure of office of President

A person assuming the office of President in accordance with the provisions of this Constitution shall, unless he ceases to hold office by virtue of the provisions of section 35 or 36 of this Constitution or resigns, continue in office until the person elected at the next ordinary Presidential election assumes office.

35. Removal of President on grounds of incapacity

(1) If the Cabinet resolves, upon a motion supported by the votes of a majority of all the members of the Cabinet, that the question of the mental or physical capacity of the President to discharge the functions of his office ought to be investigated and so informs the Chief Justice, the Chief Justice shall appoint a board consisting of not less than three persons selected by him from among persons who are qualified as medical practitioners under the law of Caledonia or under the law of any other country in the Commonwealth, and the board shall inquire into the matter and shall make a report to the Chief Justice stating the opinion of the board whether or not the President is, by reason of any infirmity of body or mind, incapable of discharging the functions of his office.

(2) If the board reports that the President is incapable of discharging the functions of the office of President, the Chief Justice shall certify in writing accordingly and thereupon the President shall cease to hold office.

(3) Where the Cabinet resolves that the question of the mental or physical capacity of the President to discharge the functions of his office should be investigated, the President shall, until another person assumes the office of President or the board appointed in pursuance of subsection (1) of this section reports that the President is not incapable of discharging the functions of his office (whichever is the earlier), be suspended from the discharge of the functions of his office.

(4) A motion for the purposes of subsection (1) of this section may be proposed at any meeting of the Cabinet by any member thereof.

36. Removal of President for violation of Constitution or gross misconduct

(1) If notice in writing is given to the Speaker of the National Assembly, signed by not less than one-third of all the members of the Assembly, of a motion alleging that the President has committed any violation of the Constitution or any gross misconduct and specifying the particulars of the allegations and proposing that a tribunal be established under this section to investigate those allegations, the Speaker shall—

(a) if the National Assembly is then sitting or has been summoned to meet within five days, cause the motion to be considered by the Assembly within seven days of the notice; or

(b) if the Assembly is not then sitting (and notwithstanding that it may be prorogued) summon the Assembly to meet within twenty-one days of the notice and cause the motion to be considered at that meeting.

(2) Where a motion under this section is proposed for consideration by the National Assembly, the Assembly shall not debate the motion but the person presiding in the Assembly shall forthwith cause a vote to be taken on the motion and, if the motion is supported by the votes of a majority of all the members of the Assembly, shall declare the motion to be passed.

(3) If a motion is declared to be passed under subsection (2) of this section—

(a) the Chief Justice shall appoint a tribunal which shall consist of a Chairman and not less than two other members selected by the Chief Justice from among persons who hold or have held high judicial office;

(b) the tribunal shall investigate the matter and shall report to the Senate whether it finds the particulars of the allegations specified in the motion to have been substantiated;

(c) the President shall have the right to appear and be represented before the tribunal during its investigation of the allegations against him.

(4) If the tribunal reports to the Senate that the tribunal finds that the particulars of any allegation against the President specified in the motion have not been substantiated no further proceedings shall be taken under this section in respect of that allegation.

(5) If the tribunal reports to the Senate that the tribunal finds that the particulars of any allegation specified in the motion have been substantiated the Senate may, on a motion supported by the votes of not less than two-thirds of all the Senators, resolve that the President has been guilty of such violation of the Constitution or, as the case may be, such gross misconduct as is incompatible with his continuance in office as President and, if the Senate so resolves, the President shall cease to hold office upon the third day following the passage of the resolution.

37. Discharge of functions of President during vacancy, absence, illness, etc.

(1) Whenever—

(a) the office of President stands vacant;

(b) the President is absent from Caledonia;

(c) the President is incapable by reason of physical or mental infirmity of discharging the functions of his office; or

(d) the President is suspended from the discharge of the functions of his office,

the Acting President shall perform the functions of the office of President:

Provided that the Acting President shall not exercise the powers of the President to revoke the appointment of the Prime Minister or to dissolve the National Assembly.

(2) The person who is to be the Acting President, for the purposes of subsection (1) of this section, shall be the first of the following that is present and able to act—

(a) the Prime Minister;

(b) the President of the Senate;

(c) the Speaker of the National Asssembly;

(d) Such other person as the Assembly may designate, or as the Cabinet may appoint, for the purpose.

(3) Any person performing the functions of the office of President by virtue of subsection (1) of this section shall cease to perform those functions if he is notified that the President is about to resume, or that a person ranked higher in subsection (2) of this section is about to assume, those functions.

(4) For the purposes of this section, a certificate of the Chief Justice that—

(a) the President by reason of physical or mental infirmity unable to discharge the functions of his office; or

(b) any of the persons named in subsection (2) is by reason of physical or mental infirmity unable to discharge the functions of his office;

shall, in respect of any period for which it is in force, be conclusive and shall not be questioned in any court:

Provided that any such certificate as is referred to in this subsection shall cease to have effect if the person with respect of which such a certificate is issued notifies any person under subsection (3) of this section that he is about to resume or, as the case may be, to assume, the functions of the office of President.

38. Oath of President

A person assuming the office of President shall, before entering upon the office, take and subscribe such oaths as may be prescribed by the National Assembly.

39. Determination of questions as to election of President

(1) The Supreme Court shall have jurisdiction to hear and determine any question whether—

(a) any provision of this Constitution or any law relating to the election of a President has been complied with;

(b) any person has been validly elected as President under those provisions; or

(c) any person has vacated the office of President.

(2) The National Assembly may make provision with respect to—

(a) the persons who may apply to the Supreme Court for the determination of any question under this section;

(b) the circumstances and manner in which and the conditions upon which any such application may be made; and

(c) the powers, practice and procedure of the Supreme Court in relation to any such application.

(3) The determination by the Supreme Court of any question under this section shall not be subject to appeal.

40. Salary and allowances of President

(1) The President shall receive such salary and allowances as may be prescribed by resolution of the National Assembly which shall be a charge on the general revenues of the Republic.

(2) The salary and allowances of the President shall not be altered to his disadvantage during his period of office.

(3) A person who has held the office of President shall receive such pension or, upon the expiration of his term of office, such gratuity as may be prescribed by resolution of the National Assembly, which shall be a charge on the general revenues of the Republic.

41. Protection of President in respect of legal proceedings

(1) Whilst any person holds or performs the function of the office of President no criminal proceedings shall be instituted or continued against him in respect of anything done or omitted to be done by him either in his official capacity or in his private capacity and no civil proceedings shall be instituted or continued in respect of which relief is claimed against him in respect of anything done or omitted to be done in his private capacity.

(2) Where provision is made by law limiting the time within which proceedings of any description may be brought against any person, the term of any person in the office of President shall not be taken into account in calculating any period of time prescribed by that law which determines whether any such proceedings as are mentioned in subsection (1) of this section may be brought against that person.

Part 2. The Cabinet

42. Prime Minister and Deputy Prime Minister

(1) There shall be a Prime Minister of the Republic of Caledonia who shall be appointed from among the members of the National Assembly by the President, acting after consultation with such members of the National Assembly as appear to the President, acting in his discretion, to be the leaders of parties represented in the National Assembly.

(2) The Prime Minister shall continue in office until the National Assembly expresses confidence in a new Prime Minister under section 45(1) of this Constitution:

Provided that the office of Prime Minister shall become vacant—

(a) if the appointment of the holder of the office is revoked by the President;

(b) if the holder of the office ceases to be a member of the National Assembly for any reason; or

(c) if, when the National Assembly first meets after any general election thereto, he is not a member of the Assembly; or

(d) if the National Assembly passes a motion of no-confidence in the Government, or in the Prime Minister, in accordance with the provisions of section 45(2) of this Constitution.

(3) The Prime Minister shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and such oath for the due execution of his office as may be prescribed by the National Assembly.

(4) There shall be a Deputy Prime Minister of the Republic of Caledonia, who shall be appointed from among the Ministers who are members of the National Assembly by the President, acting after consultation with the Prime Minister.

(5) If the Prime Minister is absent from Caledonia or is incapable by reason of illness or any other cause of discharging the functions of his office, the Deputy Prime Minister shall discharge the functions of the office of Prime Minister.

(6) Where the office of Prime Minister becomes vacant under paragraphs (b), (c) or (d) of the proviso to subsection (2) of this section, the Prime Minister shall be deemed to continue in office until the appointment of the person succeeding him, but only for the purpose of exercising his retained functions.

43. Ministers and Junior Ministers

(1) There shall be such offices of Minister of the Government and such offices of Junior Minister as may be established by the National Assembly or, subject to the provisions of any Act of the National Assembly, by the President.

(2) Appointments to the office of Minister or Junior Minister shall be made by the President, acting after consultation with the Prime Minister, from among persons who are qualified to be elected as members of the National Assembly:

Provided that not less than one-half of all the Ministers shall be appointed from among the members of the National Assembly.

(3) The office of a Minister or a Junior Minister shall become vacant—

(a) if the holder of the office ceases to be qualified to be elected as a member of the National Assembly;

(b) if the holder of the office is removed from office by the President, acting after consultation with the Prime Minister; or

(c) if the National Assembly passes a motion of no-confidence in the holder of the office in accordance with the provisions of section 45(3) of this Constitution; or

(d) if the Prime Minister resigns his office; or

(e) upon the assumption by any person of the office of Prime Minister.

(4) Where the office of a Minister or Junior Minister becomes vacant under subsection (3)(a), (3)(c), (3)(d) or (3)(e) of this section, the Minister or Junior Minister concerned shall be deemed to continue in office until the appointment of the persons succeeding him, but only for the purpose of exercising his retained functions.

44. Cabinet

(1) There shall be a Cabinet which shall consist of the Prime Minister and the Ministers.

(2) The Cabinet shall not meet except by the authority of the President who shall summon the Cabinet to meet whenever he considers it necessary so to do:

Provided that the President shall summon a meeting of the Cabinet whenever he is requested so to do by the Prime Minister or not less than three Ministers other than the Prime Minister.

(3) The President may summon any public officer to a meeting of the Cabinet whenever in his opinion the business before the Cabinet renders the presence of the officer desirable.

(4) The President shall, so far as is practicable, attend and preside at all meetings of the Cabinet, and, in the absence of the President, there shall preside:

(a) the Prime Minister; or (b) in the absence of the Prime Minister, the Deputy Prime Minister; or (c) in the absence of the Prime Minister and the Deputy Prime Minister, such Minister as the Cabinet may elect for that purpose; or (d) in the absence of the Prime Minister, the Deputy Prime Minister, and the Minister elected under paragraph (c), the most senior Minister present: Provided that, in the absence of a Minister elected under paragraph (c), no business shall be transacted in the Cabinet (other than the election of such Minister). (5) Save as otherwise provided in this Constitution, any question proposed for decision in the Cabinet shall be determined by a majority of the votes of the members present and voting, and on any question proposed for decision in the Cabinet, the person presiding shall have both an original vote and a casting vote. (6) The Cabinet may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings: Provided that the quorum of the Cabinet shall be the majority of members thereof. (7) Subject to the provisions of this Chapter, the Cabinet may regulate its own procedure.

45. Votes of no-confidence

(1) A person who is appointed to the office of Prime Minister may not assume such office unless and until the National Assembly passes a resolution, supported by a majority of all the Members of the Assembly, declaring that it has confidence in that person as Prime Minister.

(2) If the National Assembly at any time passes a resolution, supported by a majority of all the Members of the Assembly, declaring that it has no confidence in any Minister or Junior Minister, other than the Prime Minister, the relevant Minister or Junior Minister shall cease to hold office on the fourth day following the day on which such resolution was passed, unless he earlier resigns his office or the National Assembly is earlier dissolved.

(3) If the National Assembly at any time passes a resolution, supported by a majority of all the Members of the Assembly, declaring that it has no confidence in the Government of Caledonia or in the Prime Minister, the Prime Minister and all Ministers and Junior Ministers shall cease to hold office on the fourth day following the day on which such resolution was passed, unless the Prime Minister earlier resigns his office or the National Assembly is earlier dissolved.

46. Oaths to be taken by Ministers and Junior Ministers

A Minister or a Junior Minister shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and such oath for the due execution of his office as may be prescribed by the National Assembly.

47. Secretary-General to the Government

(1) There shall be a Secretary-General to the Government who shall be appointed by a resolution the Cabinet, upon a motion supported by the votes of a majority of all the members of the Cabinet.

(2) The office of the Secretary-General to the Government shall become vacant—

(a) if the holder of the office is removed from office by a resolution the Cabinet, upon a motion supported by the votes of a majority of all the members of the Cabinet; or

(b) upon the assumption by any person of the office of Prime Minister.

(3) The Secretary-General to the Government shall—

(a) be responsible to the Cabinet for securing the general efficiency of the public service;

(b) have charge of the Cabinet Office and shall be responsible, in accordance with such instructions as may be given to him by the Cabinet, for arranging the business for, and keeping the minutes of the Cabinet and for conveying decisions of the Cabinet to the appropriate person or authority; and

(c) have such other functions as may be prescribed by Act of the National Assembly or as the President or Cabinet may from time to time direct.

Part 3. Executive Functions

48. Functions of President

(1) The executive power of the Republic shall vest in the President and, subject to the provisions of this Constitution, shall be exercised by him either directly or through officers subordinate to him.

(2) In the exercise of any function conferred upon him by this Constitution or any other law the President shall, unless it is otherwise provided, act in his own deliberate judgment and shall not be obliged to follow the advice tendered by any other person or authority.

(3) Nothing in this section shall prevent the National Assembly from conferring functions on persons or authorities other than the President.

49. Command of armed forces

(1) The supreme command of the armed forces of the Republic shall vest in the President and he shall hold the office of Commander in Chief.

(2) The powers conferred on the President by subsection (1) of this section shall include—

(a) the power to determine the operational use of the armed forces;

(b) the power to appoint members of the armed forces, to make appointments on promotion to any office in the armed forces and to dismiss any member of the armed forces.

(3) The President may, by directions in writing and subject to such conditions as he may think fit, delegate to any member of the armed forces any of the powers mentioned in subsection (2) of this section.

(4) The National Assembly may regulate the exercise of the powers conferred by or under this section.

50. Functions of Prime Minister

The Prime Minister shall be the principal Minister, the head of Government administration, and the leader of Government business in the National Assembly, and shall be responsible, under the direction of the President, for such business of the Government of Caledonia (including the administration of any department of government) as the President may assign to him.

51. Functions of Cabinet, Ministers and Junior Ministers

(1) The Cabinet shall formulate the policy of the Government and shall be responsible for advising the President with respect to the policy of the Government and with respect to such other matters as may be referred to it under section 51X.

(2) The agenda of any meeting of the Cabinet shall be prepared by the President and shall be communicated to all persons concerned prior to such meeting:

Provided that: (a) the Prime Minister, or any three Ministers other than the Prime Minister, may propose to the President any subject for inclusion in the agenda of any meeting of the Cabinet; and (b) the President shall include such subject in the agenda if it can conveniently be dealt with at such meeting, and otherwise included it in the agenda of the meeting next following.

(3) A Minister shall be responsible, under the direction of the President, for such business of the government of Caledonia (including the administration of any department of Government) as the President may assign to him.

(4) A Junior Minister shall—

(a) assist the President or the Prime Minister in the discharge of such of the functions of the office of President or Prime Minister as the President may specify ; or

(b) assist such Minister in the discharge of the functions assigned to him under subsection (3) of this section as the President may specify.

52. Attorney-General

(1) There shall be an Attorney-General of the Republic who shall be the principal legal adviser to the Government.

(2) The Attorney-General shall be appointed by a resolution the Cabinet, upon a motion supported by the votes of a majority of all the members of the Cabinet

(3) A person shall not be qualified to be appointed to the office of Attorney-General unless he is qualified to be appointed to the office of a judge of the High Court.

(4) The office of the Attorney-General shall become vacant—

(a) if the holder of the office is removed from office by a resolution the Cabinet, upon a motion supported by the votes of a majority of all the members of the Cabinet; or

(b) upon the assumption by any person of the office of Prime Minister.

(5) In the exercise of the power to give directions to the Director of Public Prosecutions conferred by section 53(6) of this Constitution the Attorney-General shall not be subject to the direction or control of any other person or authority.

53. Director of Public Prosecutions

(1) There shall be a Director of Public Prosecutions of the Republic, whose office shall be a public office.

(2) The Director of Public Prosecutions shall have power in any case in which he considers it desirable so to do—

(a) to institute and undertake criminal proceedings against any person before any court (other than a court-martial) in respect of any offence alleged to have been committed by that person;

(b) to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and

(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.

(3) The powers of the Director of Public Prosecutions under subsection (2) of this section may be exercised by him in person or by such public officers or class of public officers as may be specified by him acting in accordance with his general or special instructions:

Provided that nothing in this subsection shall preclude the representation of the Director of Public Prosecutions before any court by a legal practitioner.

(4) The powers conferred on the Director of Public Prosecutions by subsections (2) (b) and (c) of this section shall be vested in him to the exclusion of any other person or authority:

Provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court.

(5) For the purposes of this section, any appeal from any judgment in any criminal proceedings before any court, or any case stated or question of law reserved for the purpose of any such proceedings, to any other court in Caledonia or to the Judicial Committee shall be deemed to be part of those proceedings:

Provided that the power conferred on the Director of Public Prosecutions by subsection (2) (c) of this section shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such a person.

(6) In the exercise of the powers conferred on him by this section, the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority:

Provided that where the exercise of any such power in any case may, in the judgment of the Director, involve general considerations of public policy the Director shall bring the case to the notice of the Attorney-General and shall, in the exercise of his powers in relation to that case, act in accordance with any directions of the Attorney-General.

54. Prerogative of mercy

The President may—

(a) grant to any person convicted of any offence a pardon, either free or subject to lawful conditions;

(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence;

(c) substitute a less severe form of punishment for any punishment imposed on any person for any offence; and

(d) remit the whole or part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Government on account of any offence.

56. Constitution of offices

Subject to the provisions of this Constitution and of any Act of Parliament, the powers of constituting and abolishing offices for the Republic shall vest in the President.

CHAPTER V. The Legislature

Part 1. Composition

57. Legislative power

The legislative power of the Republic shall vest in a National Assembly.

58. Composition of National Assembly

(1) The National Assembly shall consist of—

(a) one hundred and five constituency members;

(b) one hundred and five regional members;

(c) such national members, if any, as may be returned under section 60A of this Constitution.

(2) If a person who is not a member of the National Assembly is elected to the office of Speaker of the Assembly that person shall, by virtue of holding that office, be a member of the Assembly in addition to the members referred to in subsection (1) of this section.

59. Constituency members

(1) Each of the constituencies established under section 68 of this Constitution shall return one member to the National Assembly in such manner as, subject to the provisions of this Constitution, may be prescribed by or under an Act of the National Assembly.

(2) If only one candidate has stood, in a given constituency, for election, then a poll shall be taken in that constituency at which the votes shall be given, by secret ballot, either in favor of or against his election, and that candidate shall be declared to have been elected if more than one-half of all the valid votes cast are in favor of his election.

(3) If more than one candidate has stood, in a given constituency, for election, then a poll shall be taken in that constituency at which the votes shall be given, by secret ballot, for any one of the candidates so standing, and the candidate who receives the highest number of valid votes cast shall be declared to have been elected.

60. Regional members

(1) Each of the regions established under section 68 of this Constitution shall return as many members to the National Assembly as there are constituencies included in that region, in such manner as, subject to the provisions of this Constitution, may be prescribed by or under an Act of the National Assembly.

(2) Any registered political party may submit a list of candidates to be regional members for a particular region (referred to in this Section, in relation to the region, as the party's "regional list").

(3) A poll shall be taken in every constituency at which the votes shall be given, by secret ballot, for any one of the parties which has submitted a regional list in relation to the region in which the constituency is included.

(4) Every person nominated as a constituency candidate shall, at the time of his nomination, declare in such manner as may be prescribed by or under an Act of the National Assembly which of the registered political parties which has submitted a regional list in relation to the region in which the constituency is included he supports, and if he does not so declare, his nomination as a constituency candidate shall be void.

(5) The following provisions shall, for the purpose of allocating seats to political parties in each region, apply:-

(a) The persons who are to be elected as constituency members for constituencies included in the region must be determined before the persons who are to be returned as the regional members for the region;

(b) There shall be calculated for each party a regional figure, by dividing the number of valid votes given to each party in that region divided by the aggregate of one and the number of seats already allocated to that party in relation to that region;

(c) One seat shall be allocated to the party with the greatest regional figure, after any recalculation required by paragraph (d) has been carried out;

(d) Each time a seat is allocated to a party under paragraph (c), the regional figure of every party shall be recalculated; and

(e) In determining the allocation of seats, shall be disregarded any votes given to a party to which there has already been given a number of seats equal to the number of names on that party's regional list.

(6) Seats for the region which are allocated to a registered political party shall be filled by the persons in the party’s regional list in the order in which they appear in the list.

60A. National members

(1) Every registered political party which has submitted a regional list for any particular region shall submit a list of candidates to be national members (referred to in this Section, in relation to the region, as the party's "national list"), and if it does not so submit, any regional list submitted by it shall be void.

(2) The following provisions shall, for the purpose of apportioning mandates between each participating party, apply:-

(a) The persons who are to be elected as constituency and regional members of the National Assembly must be determined before the apportionment of mandates takes place;

(b) Mandates shall be apportioned until the number of mandates apportioned to each participating party is not less than the number of seats in the Assembly held by members belonging to that party (excluding the seats of national members); and

(c) There shall be calculated for each participating party an apportionment figure, by dividing the V of each participating party by the square root of that party's (M*M+1), where:-

V equals the number of valid regional votes given to that party in every region; and

M equals the number of mandates already apportioned to the party;

(d) One mandate shall be apportioned to the participating party with the greatest apportionment figure, after any recalculation required by paragraph (e) has been carried out; and

(e) Each time a mandate is apportioned to a participating party under paragraph (d), the apportionment figure of every participating party shall be recalculated.

(3) The following provisions shall, for the purpose of electing the national members of the National Assembly, apply:-

(a) There shall be subtracted from the number of mandates apportioned to each participating party the number of members of the National Assembly belonging to that party;

(b) The result of the subtraction made under paragraph (b) shall be the number of national seats allocated to that participating party; and

(c) National seats which are allocated to a participating party shall be filled by the persons in the party's national list in the order in which they appear in the list.

(4) In this section—

"members of the National Assembly belonging to a party" means constituency members of the National Assembly who declared support to that party, and regional members elected from that party's regional lists;

"regional votes" and "regional lists" have the same meaning assigned to them in section 60 of this Constitution; and

"participating party" means any party to which at least one member of the Assembly belongs, and:

(i) it was given not less than 5 per cent of the total number of valid regional votes; or

(ii) not less than three constituency members of the National Assembly declared support thereto.

61. Qualifications for election to National Assembly

(1) Subject to the provisions of subsection (2) of this section and of section 62 of this Constitution, a person shall be qualified to be elected as a member of the National Assembly if, and shall not be qualified to be so elected unless, he—

(a) is a citizen of Caledonia;

(b) has attained the age of twenty-one years; and

(c) is qualified as a voter for the purposes of section 66 of this Constitution.

(2) No person who holds, or is a validly nominated candidate in an election for, the office of President shall be qualified for election as a member of the National Assembly.

CHAPTER VI. The Senate

85. Composition of Senate

(1) There shall be a Senate for the Republic.

(2) The members of the Senate shall be—

(a) four Senators representing each of the Provinces;

(b) one Senator representing the National Capital Territory;

(c) such number of Senators, not exceeding five, as the President considers desirable in the public interest in order to enhance the representative character of the Senate or to obtain the service as a Senator of any person who, by reason of his special qualifications, would be of special value as a Senator.

(3) No person shall be qualified to be a Senator if he is a member of the National Assembly. (4) A person elected or appointed President of the Senate in accordance with section 88 of this Constitution who is not a Senator shall be deemed to be a Senator. (5) A Senator shall vacate his seat in the Senate— (a) at the expiration of three years from the date of his election or appointment ; (c) if any other circumstances arise that would cause him to be disqualified for election or appointment thereto.

86. Functions of Senate

86. The HouseofChiefsmayconsideranddiscuss— (a) any bill introduced into or proposed to be introduced into the National Assembly that is referred to the House by the President ;or (b) any other matter referred to the House for its con sideration by the President or approved by the President for consideration by the House ; andmay submitresolutionsonanysuchbillorothermatterto the President, which the President shall cause to be laid before the National Assembly.

CHAPTER VII. The Judicature

Part 1. The Court of Appeal and High Court 97. Court of Appeal 98. High Court 99. Appointment of judges of Court of Appeal 99A. Appointment of judges of High Court 99B. Acting judge to act until appointment expires or is revoked 99C. Qualifications for appointment as judge 100. Tenure of office of judges of Court of Appeal and High Court 101. Oaths to be taken by judges

Part 2. Appeals to the Judicial Committee 102. Judicial Committee may be appeal court for the Republic 103. Supplementary

Part 3. Judicial Service Commission 104. Judicial Service Commission 105. Appointment, etc., of judicial officers

CHAPTER VIII. Finance 106. Imposition of taxation 107. Withdrawal of moneys from general revenues 108. Supplementary estimates in respect of expenditure authorised by warrant 109. Appropriation and Supplementary Appropriation Acts 110. Financial report 111. Remuneration of certain officers 112. Public debt 112A. Defence and special expenditure 113. Auditor-General 113A. Construction

CHAPTER IX. The Public Service 114. Public Service Commission 115. Appointment, etc., of public officers 115A. Teaching Service Commission 115B. Appointment, etc., of officers in teaching service 116. Appointment, etc., of subordinate police officers 117. Appointment, etc., of subordinate prison service officers 118. Tenure of office of Director of Public Prosecutions 119. Tenure of office of Auditor-General 120. Pensions laws and protection of pensions rights 121. Power of Commissions in relation to pensions, etc.

CHAPTER X. Miscellaneous 122. Performance of functions of Commissions 123. Resignations 124. Reappointments and concurrent appointments 125. Interpretation

The Schedule to the Constitution [Section 87]

ELECTION OF MEMBERS OF HOUSE OF CHIEFS TO REPRESENT PROVINCES

Notice of Election 1. For the purpose of electing the members of the House of Chiefs in each province there shall be a Chiefs Provincial Council, which shall consist of all Chiefs resident within that province. 1A. There shall be a returning officer for each province who shall be such person as the President may appoint in that behalf. (Act No. 58 of 1970) 2. Whenever he is informed by the President of the House of Chiefs that a vacancy or vacancies have occurred among the members of the House of Chiefs elected in the province, the returning officer of the province shall, by notice published in such manner as may be prescribed by any law— (a) appoint a day, not being less than fourteen days after the notice is so published, as nomination day for an election to fill the vacancy or vacancies and prescribe the latest hour on that day by which nomination papers shall be delivered to him ; (6) appoint a day, not being less than fourteen days after the day appointed as nomination day, on which, and prescribe a place at which and the hour at which a meeting of the Chiefs Provincial Council shall be held to take a ballot if the election is contested. Nomination 3. (1) No person shall be qualified to be nominated as a candidate in an election of a member of the House of Chiefs in a province unless he is a member of the Chiefs Provincial Council of the province. (2) Each candidate in the election shall be nominated by a separate nomination paper delivered to the returning officer not later than the expiration of the time prescribed for the delivery of nomination papers under paragraph 2. (3) A nomination paper shall— (a) be in the prescribed form and state the full name and place of residence of the candidate ; (6) contain a statement signed by the candidate that he is willing to stand for election ; (c) be signed by two members of the Chiefs Provincial Council as proposer and seconder. 4. (1) The returning officer may hold a nomination invalid but only on one of the following grounds, that is to say— (a) that the nomination paper is not in the prescribed form; (b) that the nomination paper is not signed by the persons required by the provisions of this Schedule ; or (c) that the nomination paper was not delivered as required by the provisions of this Schedule. (2) The decision of the returning officer that a nomination is valid shall be final and shall not be questioned in any court. 5. A candidate in respect of whom a nomination paper has been delivered to the returning officer within the time allowed for the delivery of nomination papers may withdraw his candidature if notice in writing signed by him is delivered to the returning officer not later than the expiration of the time allowed for the delivery of nomination papers. Method of Election 6. (1) If, at the expiration of the time allowed for the delivery of nomination papers, the number of persons remaining validly nominated is more than the number of vacancies to be filled at the election, the persons to fill the vacancies in the House of Chiefs shall be elected from among the candidates so nominated by the votes of the Chiefs Provincial Council which shall be taken by ballot in accordance with the provisions of this Schedule. (2) If, at the expiration of the time allowed for the delivery of nomination papers, the number of persons remaining validly nominated is equal to or less than the number of vacancies to be filled at the election the returning officer shall declare those persons to be elected. 7. Where at an election it is necessary for a ballot to be taken the returning officer shall cause a statement to be pre pared (showing the persons who, at the expiration of the time allowed for the delivery of nomination papers, remain validly nominated) and to be delivered to the members of the Chiefs Provincial Council. 8. Where in a contested election a candidate in respect of whom a ballot is to be held dies before the commencement of the ballot the returning officer shall countermand the ballot and a fresh election to fill the vacancy or vacancies in the House of Chiefs shall be commenced in accordance with the provisions of this Schedule. The Ballot 9. The ballot of a member of the Chiefs Provincial Council shall consist of a ballot paper, in the prescribed form, containing the names of the persons remaining validly nominated at the election, as given in their nomination papers, and opposite the name of each person a blank space in which the vote of the member of the Chiefs Provincial Council may be recorded. 10. (1) The returning officer shall preside at any meeting of the Chiefs Provincial Council at which a ballot is taken. (2) The returning officer shall provide a ballot box which shall at all times during the taking of the ballot be kept locked. (3) The returning officer shall cause a ballot paper to be delivered to each member of the Chiefs Provincial Council who is present at the meeting of the Council when the ballot com mences (other than a person to whom a ballot paper has been sent in accordance with paragraph 14). (4) A member of the Chiefs Provincial Council, on receiving a ballot paper, shall cast his vote by placing the mark " X " (and no other mark or writing) in the space on the ballot paper opposite the name of the candidate or candidates for whom he wishes to vote and shall then fold the paper so as to conceal his vote and proceed to the ballot box and insert the paper so folded into the box. (5) A member of the Chiefs Provincial Council shall be entitled to cast the number of votes equivalent to the number of vacancies to be filled, but he shall not cast more than one vote for any one candidate in any ballot. 11. A member of the Chiefs Provincial Council who, by reason of blindness or other physical cause, is unable to mark a ballot paper delivered to him may request the assistance of the returning officer (but no other person) in casting his vote and the returning officer shall, if so requested, mark the ballot paper in the manner directed by the member. 12. A member of the Chiefs Provincial Council who, having received a ballot paper, inadvertently deals with it in such a manner that it cannot be used as a ballot paper may, on returning it to the returning officer, obtain another ballot paper in its place. 13. The returning officer shall, when he is satisfied that all members of the Chiefs Provincial Council present at the meeting at the commencement of the poll have had an opportunity to cast their votes, announce that the taking of the poll is con cluded. 14. (1) If the returning officer is satisfied that any member of the Chiefs Provincial Council will be unable to attend a meeting of the Council at which a ballot is to be taken by reason of physical incapacity or of the nature of the journey from that person's residence to the place of meeting he may cause to be sent to that member a postal ballot paper in the prescribed form. (2) Any Chief to whom a postal ballot paper has been sent in accordance with the provisions of this paragraph may cast his vote in the election to which the ballot paper relates by marking the ballot paper in the manner specified in para graph 10 (4) and by causing the ballot paper to be delivered to the returning officer not later than 9 a.m. on the day appointed for the taking ofthe ballot in the election. Counting of Votes 15. Immediately after the close of the poll the votes shall be counted by the returning officer. 16. A ballot paper shall be void and shall not be counted if— (a) there are recorded on it more votes than one for any candidate ; (b) there are recorded on it more votes than the member of the Chiefs Provincial Council is entitled to caat in the ballot ; (c) there appears on it any writing, sign or mark by which the voter can be identified; (d) it is unmarked or the marking is uncertain ; or (e) in the case of a postal ballot paper, it is not received by the returning officer within the time prescribed by paragraph 14. 17. (1) When the result of the ballot has been ascertained, the returning officer shall cause to be prepared a list showing the candidates in order according to the number of votes received by each of them, the candidate or candidates who received the highest number of votes being placed first and those who received any lower number of votes being placed in descending order, those who received no votes being omitted from the list. (2) The returning officer shall declare as elected the candi dates who stand in the first and each successive place on the list until the number of vacancies in respect of which the ballot was taken are filled. (3) Where, by reason of an equality of votes between them, the number of candidates in any place on the list who would otherwise fall to be declared elected under sub-paragraph (2) of this paragraph exceed the number of vacancies to be filled, the returning officer shall decide between those candidates by lot in such manner as he may determine and shall declare the candidate or candidates (equal in number to the vacancies to be filled) on whom the lot falls to be elected. (4) Where any vacancies remain unfilled by reason that votes were given for a less number of candidates than the number of vacancies the returning officer shall cause a further ballot to be held to fill those vacancies. 18. The returning officer shall send to the Clerk of the House of Chiefs a statement in writing certifying the result of the election. 19. In this Schedule " the prescribed form " means such form as may be prescribed by any law and until such form is so prescribed the corresponding form prescribed by the House of Chiefs Regulations.