Kiribati 1979 Constitution (reviewed 2013) - Page 5 of 12

Table of Contents

CHAPTER V. THE LEGISLATURE

Part I. Composition

52. Establishment of Maneaba ni Maungatabu

There shall be a legislature for Kiribati which shall be known as the Maneaba ni Maungatabu and shall consist of a single chamber.

53. Composition of Maneaba

Subject to the provisions of this section, the Maneaba ni Maungatabu shall be composed of—
1. thirty-five elected members;
2. the member provided for in section 117 of this Constitution; and
3. if he is not an elected member, the Attorney-General as an ex officio member.
A person who assumes the office of Beretitenti in accordance with this Constitution shall not, by reason of the fact that he holds that office, cease to be a member of the Maneaba.
Where a person who assumes the office of Beretitenti in accordance with this Constitution is, at the time of assuming that office, the member of the Maneaba for an electoral district entitled to be represented by only one member, a by-election shall be held in that electoral district, within three months of that person assuming the office of Beretitenti, for the election of one additional member of the Maneaba.
The number of elected members of the Maneaba may be altered by the Maneaba in accordance with section 63 of this Constitution.

54. Election of elected members

Subject to the provisions of this Constitution, the elected members of the Maneaba ni Maungatabu shall be elected in such manner as may be prescribed.
For the purpose of the election of the elected members of the Maneaba, electoral districts shall be established within Kiribati having such boundaries and such number of elected representatives as may be prescribed.
Until such time as it is otherwise provided under this Constitution. Kiribati shall be divided into twenty-three electoral districts the respective boundaries and number of elected representatives of which shall be the same as those prescribed in the Elections Ordinance 1977 [FN: No. 12 of 1977.] for the twenty-three electoral districts established by that Ordinance.

55. Qualifications for elected membership

Subject to the provisions of the next following section and of section 118(1) of this Constitution, a person shall be qualified to be elected as an elected member of the Maneaba ni Maungatabu if, and shall not be so qualified unless—

he is a citizen of Kiribati; and
he has attained the age of twenty-one years.

56. Disqualifications for elected membership

No person shall be qualified to be elected as an elected member of the Maneaba ni Maungatabu who—
1. is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state;
2. is in lawful detention by reason of his having been certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Kiribati;
3. is under sentence of death imposed on him by a court in any part of the Commonwealth, or is serving a sentence of imprisonment (by whatever name called) for a term of or exceeding twelve months, imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court;
4. is disqualified from membership of the Maneaba under any law in force in Kiribati relating to offences connected with elections;
5. holds, or is acting in, any office the functions of which involve any responsibility for, or in connection with, the conduct of any election or the compilation or revision of any electoral register; or
6. subject to such exemptions as may be prescribed by any law in force in Kiribati, holds, or is acting in, any public office.
For the purposes of paragraph (c) of the preceding subsection—
1. two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms; and
2. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.
No person shall be disqualified to be elected as an elected member of the Maneaba by virtue of subsection (1)(a) of this section by reason only that he possesses the nationality of a state other than Kiribati.

57. Tenure of office of elected members

Subject to the provisions of section 118(2) of this Constitution, the seat of an elected member of the Maneaba ni Maungatabu shall become vacant—

on a dissolution of the Maneaba;
if he is absent from the sittings of the Maneaba for such period and in such circumstances as may be prescribed in the rules of procedure of the Maneaba;
if he resigns his seat, by notice in writing addressed to the Speaker;
if he ceases to be a citizen of Kiribati;
if any circumstances arise which, if he were not a member of the Maneaba, would cause him to be disqualified for election thereto by virtue of paragraph (a), (b), (d), (e) or
of subsection (1) of the preceding section;
in the circumstances specified in the next following section; or
in the circumstances specified in section 59 of this Constitution.

58. Vacation of seat on sentence

Subject to the provisions of this section, if an elected member of the Maneaba ni Maungatabu is sentenced by a court in any part of the Commonwealth to death or to imprisonment (by whatever name called), and serves any part of such a sentence of imprisonment, he shall forthwith cease to discharge his functions as a member of the Maneaba, and his seat in the Maneaba shall become vacant at the expiration of a period of thirty days thereafter:Provided that the Speaker may, at the request of the member, from time to time extend that period of thirty days to enable the member to pursue any appeal in respect of his conviction or sentence, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be granted without the approval of the Maneaba signified by resolution.
If at any time before the member vacates his seat he receives a free pardon or his conviction is set aside or a punishment other than imprisonment is substituted, his seat in the Maneaba shall not become vacant under the preceding subsection and he may again discharge his functions as a member of the Maneaba.

59. Vacation of seat after petition and referendum

Subject to the provisions of subsections (6) and (7) of this section, if the Speaker receives a petition calling for the removal of an elected member of the Maneaba ni Maungatabu signed by a majority of the persons who were registered as electors, at the time of the last election of that member, in the electoral district from which that member was last elected, he shall send the petition forthwith to the Electoral Commission.
The Electoral Commission shall, as soon as practicable after receipt of a petition under the preceding subsection, conduct a referendum to determine whether the member named in the petition should vacate his seat in the Maneaba.
No person shall be entitled to vote in a referendum under this section unless he was registered as an elector, at the time of the last election of the member named in the petition, in the electoral district from which that member was last elected.
If in a referendum under this section a majority of those entitled to vote in that referendum vote for the removal from the Maneaba of the member named in the petition, that member shall vacate his seat in the Maneaba forthwith.
Where a member vacates his seat in the Maneaba under the preceding subsection, a by-election shall be held within three months (unless the Maneaba is sooner dissolved) to fill that seat in the Maneaba.
No action shall be taken on a petition delivered to the Speaker under this section until the expiration of six months following—
1. the last occasion on which the member named in the petition was elected to the Maneaba; or
2. the date of any referendum held under this section which determined that the member named in the petition was not required to vacate his seat in the Maneaba under subsection (4) of this section.
This section shall not apply to a member of the Maneaba during any period when he is holding or acting in the office of Beretitenti, Kauoman-ni-Beretitenti or any other Minister, or Attorney-General.

60. Determination of questions as to membership

The High Court shall have jurisdiction to hear and determine any question whether—
1. any person has been validly elected as a member of the Maneaba ni Maungatabu; or
2. any elected member of the Maneaba has vacated his seat therein or is required by virtue of section 58 of this Constitution to cease to perform his functions as a member.
An application to the High Court for the determination of—
1. any question under paragraph (a) of the preceding subsection may be made by any person entitled to vote in the electoral district, and at the election, to which the application relates or by any person who was a candidate in that district at that election or by the Attorney-General;
2. any question under paragraph (b) of the preceding subsection may be made by any person entitled to vote at an election in the electoral district for which the member concerned was returned or by any elected member of the Maneaba or by the Attorney-General:
Provided that if such an application is made by a person other than the Attorney-General, the Attorney-General may intervene and may then appear or be represented in the proceedings.
The Maneaba may make provision with respect to—
1. the circumstances and manner in which and the imposition of conditions upon which any application may be made to the High Court for the determination of any question under subsection (1) of this section; and
2. the powers, practice and procedure of the High Court in relation to any such application.
No appeal shall lie from any decision of the High Court in proceedings under subsection (1) of this section.

61. Penalty for sitting or voting whilst unqualified

Any person who sits or votes in the Maneaba ni Maungatabu knowing or having reasonable grounds for knowing that he is not entitled to do so shall be liable to a penalty not exceeding twenty dollars for each day upon which he so sits or votes.
Any such penalty shall be recoverable by civil action in the High Court at the suit of the Attorney-General.

62. Electoral Commission

There shall be an Electoral Commission consisting of a Chief Electoral Commissioner and not less than two nor more than four Commissioners.
The members of the Commission shall be appointed by the Beretitenti, acting in accordance with the advice of the Cabinet.
The name of any person appointed as a member of the Commission shall be laid before the Maneaba ni Maungatabu within forty-eight hours of the day on which the next meeting of the Maneaba commences, and each appointment shall stand unless the Maneaba by resolution rejects it.
A person shall not be qualified for appointment as a member of the Commission if he is a member of the Maneaba, and no person shall be qualified for appointment as Chief Electoral Commissioner unless he is a judge or magistrate in Kiribati.
A member of the Commission shall vacate his office—
1. at the expiration of five years after 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.

63. Functions of Electoral Commission

The Electoral Commission shall have general responsibility for, and shall supervise, the registration of electors for the election of members of the Maneaba ni Maungatabu and the conduct of elections of such members and of referenda under this Constitution, and the Commission shall have such other functions relating to such registration, elections and referenda as may be prescribed.
The Commission shall have responsibility for the conduct of elections to the office of Beretitenti under the supervision of the Chief Justice.
The Commission shall, at intervals of not more than four years, review the number of electoral districts, the boundaries of those districts, and the number of members of the Maneaba to be elected to represent each electoral district, taking account of—
1. the most recent census data for citizens of Kiribati, subject to the provisions of section 118(4) of this Constitution; and
2. the movement of people within Kiribati.
Having conducted a review in accordance with the preceding subsection, the Commission shall make recommendations to the Maneaba.
The Maneaba may approve or reject the recommendations of the Commission under the preceding subsection but may not vary them; and, if so approved, the Chairman of the Commission shall thereupon by order under this Constitution make provision for the recommendations as have been so approved which shall have effect as from the date of the next dissolution of the Maneaba.

64. The franchise

Subject to the provisions of this section and of section 118(3) of this Constitution, every person who—
1. is a citizen of Kiribati;
2. has attained the age of eighteen years; and
3. is a person resident within an electoral district established by or under this Constitution,
shall be entitled to be registered as an elector in the electoral district in which he is resident, and when so registered to vote at an election of a member of the Maneaba ni Maungatabu for that electoral district.
Notwithstanding the preceding subsection no person who—
1. is serving a sentence of imprisonment (by whatever name called) for a term of or exceeding twelve months imposed on him by a court in any part of the Commonwealth or substituted by competent authority for some other sentence imposed on him by such a court; or
2. is certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Kiribati; or
3. is disqualified from registering as an elector or voting by any law in force in Kiribati relating to offences connected with elections,
shall be registered as an elector for an electoral district or, being registered, shall be entitled to vote at an election.
An elector shall not be entitled to have his name retained on the register of electors for any electoral district if for a continuous period of twelve months he has ceased to be resident within the electoral district or if he becomes disqualified from voting under the preceding subsection.

65. Salaries of members

There shall be a standing independent Maneaba Members’ Salaries Tribunal to review the salaries and allowances of members of the Maneaba ni Maungatabu, including the salaries and allowances of the Beretitenti, and the Kauoman-ni-Beretitenti and the other Ministers.
The Tribunal shall consist of not less than three nor more than five suitably qualified persons who shall be appointed, and may be removed, by the Chairman of the Public Service Commission acting after consultation with the Speaker.
Having conducted a review in accordance with this section, the Tribunal shall make recommendations to the Maneaba.

Part II. Legislation and Procedure

66. Power to make laws

Subject to the provisions of this Constitution, the Maneaba ni Maungatabu shall have power to make laws for the peace, order and good government of Kiribati.
The power of the Maneaba to make laws shall be exercised by Bills passed by the Maneaba and assented to by the Beretitenti, and such laws shall be called “Acts”.
The Beretitenti may withhold his assent to a Bill only if he is of the opinion that the Bill, if assented to, would be inconsistent with this Constitution.
If the Beretitenti withholds his assent to a Bill under the preceding subsection, the Bill shall be returned to the Maneaba for amendment.
If a Bill which has been returned to the Maneaba under the preceding subsection is again presented to the Beretitenti, and the Beretitenti is still of the opinion that the Bill, if assented to, would be inconsistent with this Constitution, the Beretitenti shall refer the Bill to the High Court for a declaration as to whether or not the Bill, if assented to, would be inconsistent with this Constitution.
If the High Court declares that the Bill, if assented to, would not be inconsistent with this Constitution, the Beretitenti shall assent to the Bill forthwith; if the High Court declares otherwise, the Bill shall be returned to the Maneaba.
An Act shall, unless it otherwise provides, come into operation on publication of assent by the Beretitenti.
The assent of the Beretitenti to a Bill shall be published, together with the law assented to, by exhibition at the Maneaba ni Maungatabu.

67. Rules of procedure

Subject to the provisions of this Constitution, the Maneaba ni Maungatabu may make rules of procedure for the regulation and orderly conduct of its proceedings.

68. Introduction of Bills, etc

Subject to the provisions of this Constitution and of the rules of procedure of the Maneaba ni Maungatabu, any member may introduce any Bill or propose any motion for debate in, or may present any petition to, the Maneaba, and the same shall be debated and disposed of according to the rules of procedure of the Maneaba.
Except on the recommendation of the Cabinet signified by a Minister, the Maneaba shall not—
1. proceed upon any Bill (including any amendment to a Bill) which, in the opinion of the person presiding in the Maneaba, makes provision for imposing or increasing any tax, for imposing or increasing any charge on the Consolidated Fund or other funds of Kiribati, or for altering any such charge otherwise than by reducing it, or for compounding or reducing any debt due to the Government; or
2. proceed upon any motion (including any amendment to a motion) the effect of which in the opinion of the person presiding in the Maneaba is that provision would be made for any of the purposes aforesaid.
The Maneaba shall not proceed on a Bill after its first reading in the Maneaba until the next following meeting of the Maneaba unless—
1. the Bill has been certified as urgent by the Beretitenti; or
2. the Maneaba expressly resolves, by a majority of all the members of the Maneaba, to proceed with consideration of the Bill.

69. Alteration of Constitution

Subject to the provisions of this Constitution, the Maneaba ni Maungatabu may by Act alter this Constitution.
Subject to the additional limitations specified in section 124 of this Constitution, a Bill for an Act to alter any of the provisions of this Constitution shall not be passed by the Maneaba unless—
1. consideration of the Bill is deferred after its first reading in the Maneaba until the next following meeting of the Maneaba; and
2. the Bill is supported at its second reading in the Maneaba by the votes of not less than two-thirds of all the members of the Maneaba.
In so far as it alters Chapter II of this Constitution, an Act under this section shall not come into operation unless the provisions contained in the Act effecting that alteration have, in accordance with any law in that behalf, been submitted to a referendum in which all persons who are registered as electors for the purposes of a general election shall be entitled to vote and unless those provisions have been supported by the votes of not less than two-thirds of all the persons entitled to vote in the referendum.
In this section—
1. references to this Constitution include references to any other law in so far as that law alters the Constitution;
2. references to altering this Constitution include references—
  1. to repealing it, with or without re-enactment thereof or the making of different provision in lieu thereof;
  2. to modifying it, whether by omitting or amending any of its provisions or inserting additional provisions in it or otherwise;
  3. to suspending its operation for any period, or terminating any such suspension; and
  4. to making any other provision that is repugnant to or otherwise inconsistent with it.

70. Oath of members

No member of the Maneaba ni Maungatabu shall be permitted to take part in the proceedings of the Maneaba (other than proceedings necessary for the purpose of this section) until he has made before the Maneaba an oath in the form set out in Schedule 1 to this Constitution.

71. The Speaker

There shall be a Speaker of the Maneaba ni Maungatabu.
The Speaker shall be elected by the members of the Maneaba from among persons who are not members of the Maneaba.
The Chief Justice shall preside at any sitting of the Maneaba for the purpose of the election of a Speaker and shall be responsible for the conduct of any such election.
A person shall vacate the office of Speaker—
1. when the Maneaba first meets after a dissolution of the Maneaba;
2. if he announces the resignation of his office to the Maneaba or if, by notice in writing addressed to the Maneaba and received by the Clerk of the Maneaba, he resigns that office;
3. if the Maneaba so resolves by resolution supported by the votes of not less than two-thirds of all the members of the Maneaba.

72. Presiding in Maneaba

Subject to the provisions of subsection (3) of the preceding section, the Speaker or, in his absence or when his office is vacant, a member of the Maneaba ni Maungatabu (not being the Beretitenti, a Minister or the Attorney-General) elected by the Maneaba for that sitting, shall preside at each sitting of the Maneaba.

73. Voting

Subject to the provisions of this Constitution, all questions proposed for decision in the Maneaba ni Maungatabu shall be determined by a majority of the votes of the members present and voting.
If the person presiding is—
1. the Speaker, he shall have neither an original nor a casting vote;
2. a member elected in accordance with the preceding section, he shall not have an original vote but shall have and shall exercise a casting vote if on any question the votes are equally divided.
Subject to subsection (2)(b) of this section, and unless otherwise provided in the rules of procedure of the Maneaba, if upon any question the votes are equally divided the motion shall be declared lost.

74. Quorum

If objection is taken by any member of the Maneaba ni Maungatabu present that there are present in the Maneaba (besides the person presiding) less than a quorum of members and, after such interval as may be prescribed in the rules of procedure of the Maneaba, the person presiding ascertains that the number of members present is still less than a quorum of members, he shall thereupon adjourn the Maneaba.
In this section, “a quorum of members” means the number of members that is one less than one half the total number of members of the Maneaba, or, in the event of the total number being an odd number, one less than the highest number that is less than one half.

75. Proceedings in Maneaba

The Maneaba ni Maungatabu shall not be disqualified for the transaction of business by reason of any vacancy in its membership, and any proceedings in the Maneaba shall be valid notwithstanding that some person who was not entitled to do so took part in those proceedings.

76. Privileges of Maneaba

Subject to the provisions of this section, the Maneaba ni Maungatabu may determine the privileges, immunities and powers of the Maneaba and of its members.
[Repealed by Constitution (Amendment) Act 2013, No. 8 of 2013]
No process issued by any court in the exercise of its civil jurisdiction shall be served or executed within the precincts of the Maneaba while the Maneaba is sitting.

Part III. Summoning, Dissolution and Elections

77. Summoning of Maneaba

Subject to the provisions of this Constitution and of the rules of procedure of the Maneaba ni Maungatabu, each meeting of the Maneaba shall be held at such place within Kiribati and shall commence at such time as the Speaker may appoint.
The Beretitenti or one-third of the members of the Maneaba may, subject to the provisions of this Constitution and of the rules of procedure of the Maneaba, advise the Speaker to summon the Maneaba at any time.
Meetings of the Maneaba shall be held within thirty days of the second ballot in a general election and shall otherwise be held so that a period of twelve months does not intervene between the end of one meeting and the first sitting of the Maneaba in the next meeting.

78. Dissolution of Maneaba

The Maneaba ni Maungatabu shall stand dissolved—
1. if a motion of no confidence in the Beretitenti or the Government is supported in the Maneaba by the votes of a majority of all the members of the Maneaba: or
2. if, in respect of any matter before the Maneaba, the Beretitenti notifies the Speaker that a vote on that matter raises an issue of confidence, and in a subsequent vote on that matter it is rejected by a majority of all the members of the Maneaba.
The Maneaba, unless sooner dissolved under the preceding subsection, shall continue for four years from the date of the first sitting of the Maneaba after any general election and shall then stand dissolved.

79. General elections and by-elections

There shall be a general election within three months of every dissolution of the Maneaba ni Maungatabu.
Except when the Maneaba is sooner dissolved, there shall be a by-election within three months of a member’s seat falling vacant in the Maneaba in order to fill that seat.