Papua New Guinea 1975 Constitution (reviewed 2016)

PART IX. CONSTITUTIONAL OFFICE-HOLDERS AND CONSTITUTIONAL INSTITUTIONS

221. DEFINITIONS

In this Part-

• “constitutional institution” means any office or institution established or provided for by this Constitution, other than an office of Head of State or of a Minister, or the National Executive Council;
  
  “constitutional-office holder” means-

  1. a Judge; or
  2. the Public Prosecutor or the Public Solicitor; or
  3. the Chief Magistrate; or
  4. a member of the Ombudsman Commission; or
  5. a member of the Electoral Commission; or
  6. the Clerk of the Parliament; or
  7. a member of the Public Services Commission; or
  8. the Auditor-General; or
  9. the holder of any other office declared by an Organic Law or an Act of the Parliament to be a constitutional office for the purposes of this Part.

222. OTHER PROVISIONS RELATING TO CONSTITUTIONAL OFFICE-HOLDERS AND CONSTITUTIONAL INSTITUTIONS

This Part shall be read subject to any other provisions of this Constitution relating to particular constitutional office-holders or particular constitutional institutions.

223. GENERAL PROVISIONS FOR CONSTITUTIONAL OFFICE-HOLDERS

1. Subject to this Constitution, Organic Laws shall make provision for and in respect of the qualifications, appointment and terms and conditions of employment of constitutional officeholders.
2. In particular, Organic Laws shall make provision guaranteeing the rights and independence of constitutional office-holders by, amongst other things-
   1. specifying the grounds on which, and the procedures by which, they may be dismissed or removed from office, but only by, or in accordance with the recommendation of, an independent and impartial tribunal; and
   2. providing that at the end of their periods of office they are entitled, unless they have been dismissed from office, to suitable further employment by a governmental body, or to adequate and suitable pensions or other retirement benefits, or both, subject to such reasonable requirements and conditions (if any) as are laid down by an Organic Law.
3. A constitutional office-holder may not be suspended, dismissed or removed from office during his term of office except in accordance with a Constitutional Law.
4. The total emoluments of a constitutional office-holder shall not be reduced while he is in office, except-
   1. as part of a general reduction applicable equally or proportionately to all constitutional office-holders or, if he is a member of a State Service, to members of that service; or
   2. as a result of taxation that does not discriminate against him as a constitutional officeholder, or against constitutional office-holders generally.
5. The office of a constitutional office-holder may not be abolished while there is a substantive holder of the office but this subsection does not apply to the abolition of any additional constitutional office created by an Act of the Parliament.
6. Nothing in this section prevents the making by or under an Organic Law or an Act of the Parliament of reasonable provision for the appointment of a person to act temporarily in the office of a constitutional office-holder.

224. SPECIAL PROVISION FOR CONSTITUTIONAL INSTITUTIONS

1. Subject to this Constitution, Organic Laws and Acts of the Parliament shall provide, or shall make provision for, the powers and procedures of constitutional institutions, and generally for facilitating the performance of their functions, duties and responsibilities.
2. Subject to this Constitution, if no provision is made under Subsection (1) a constitutional institution-
   1. may provide, to the extent of the deficiency, for its own procedures; and
   2. has all reasonable powers that are necessary or convenient for the exercise and performance of its powers, functions, duties and responsibilities.

225. PROVISION OF FACILITIES, ETC.

Without limiting the generality of any other provision of this Constitution, it is the duty of the National Government and of all other governmental bodies, and of all public office-holders and institutions, to ensure, as far as is within their respective legal powers, that all arrangements are made, staff and facilities provided and steps taken to enable and facilitate, as far as may reasonably be, the proper and convenient performance of the functions of all constitutional institutions and of the offices of all constitutional office-holders.