of Parliament and its Speaker.
* This version of the Constitution of Nauru incorporates the
alterations made by the Constitutional Convention of Nauru under
Article 92 on 17 May 1968.
WHEREAS we the people of Nauru acknowledge God as the almighty
and everlasting Lord and the giver of all good things:
And Whereas we humbly place ourselves under the protection of His
good providence and seek His blessing upon ourselves and upon our
lives:
And Whereas we have declared that Nauru shall be a republic:
And Whereas a Constitutional Convention representing us has
prepared a constitution for Nauru:
Now Therefore we the people of Nauru in our Constitutional
Convention this twenty-ninth day of January, One thousand nine
hundred and sixty-eight, do hereby adopt, enact and give to
ourselves this Constitution to come into force on the thirty-first
day of January, One thousand nine hundred and sixty-eight.
Part I. The Republic of Nauru and the Supreme Law of Nauru
(Articles I and 2).
Part II. Protection of Fundamental Rights and Freedoms (Articles
3-15).
Part III. The President and the Executive (Articles 16-25).
Part IV. The Legislature (Articles 26-47).
Part V. The Judicature (Articles 48-57).
Part VI. Finance (Articles 58-67).
Part VII. The Public Service (Articles 68-70).
Part VIII. Citizenship (Articles 71-76).
Part IX. Emergency Powers (Articles 77-79).
Part X. General (Articles 80-84).
Part XI. Transitional Provisions (Articles 85-100).
(2.) A law inconsistent with this Constitution is, to the extent
of the inconsistency, void.
(a) life, liberty, security of the
person, the enjoyment of property and the protection of the
law;
(b) freedom of conscience, of
expression and of peaceful assembly and association; and
the subsequent provisions of this Part have effect for the
purpose of affording protection to those rights and freedoms,
subject to such limitations of that protection as are contained in
those provisions, being limitations designed to ensure that the
enjoyment of those rights and freedoms by a person does not
prejudice the rights and freedoms of other persons or the public
interest.
(2.) Deprivation of the life of a person is not a contravention
of the provisions of clause (1.) of this Article where it results
from the use, to such an extent and in such circumstances as is
permitted by law, of such force as is reasonably justifiable in the
circumstances of the case-
(c) in order to effect a lawful
arrest or to prevent the escape of a person lawfully detained;
or
(d) for the purpose of suppressing a
riot, insurrection or muting.
(a) in execution of the sentence or
order of a court in respect of an offence of which he has been
convicted;
(b) for the purpose of bringing him
before a court in execution of the order of a court;
(c) upon reasonable suspicion of his
having committed, or being about to commit, an offence;
(d) under the order of a court, for
his education during any period ending not later than the
thirty-first day of December after he attains the age of eighteen
years;
(e) under the order of a court, for
his welfare during any period ending not later than the date on
which he attains the age of twenty years;
(g) in the case of a person who is,
or is reasonably suspected to be, of unsound mind or addicted to
drugs or alcohol, for the purpose of his care or treatment or the
protection of the community; and
(h) for the purpose of preventing his unlawful entry into Nauru,
or for the purpose of effecting his expulsion, extradition or other
lawful removal from Nauru.
(2.) A person who is arrested or detained shall be informed
promptly of the reasons for the arrest or detention and shall be
permitted to consult in the place in which he is detained a legal
representative of his own choice.
(3.) A person who has been arrested or detained in the
circumstances referred to in paragraph (c) of clause (1.) of this
Article and has not been released shall be brought before a judge
or some other person holding judicial office within a period of
twenty-four hours after the arrest or detention and shall not be
further held in custody in connexion with that offence except by
order of a judge or some other person holding judicial office.
(4.) Where a complaint is made to the Supreme Court that a
person is unlawfully detained, the Supreme Court shall enquire into
the complaint and, unless satisfied that the detention is lawful,
shall order that person to be brought before it and shall release
him
(b) labour required of a person
while he is lawfully detained, being labour that, though not
required by the sentence or order of a court, is reasonably
necessary for the purposes of hygiene or for the maintenance of the
place at which he is detained;
(c) labour required of a member of a
disciplined force in pursuance of his duties as such a member;
or
(d) labour reasonably required as
part of reasonable and normal communal or other civic
obligations.
(2.) Nothing contained in or done under the authority of a law
shall be held to be inconsistent with or in contravention of the
provisions of clause (1.) of this Article to the extent that that
law makes provision-
(ii) by way of penalty for breach of
the law or forfeiture in consequence of breach of the law;
(iii) as an incident of a lease,
tenancy, mortgage, charge, bill of sale, pledge or contract;
(iv) in the execution of a judgment
or order of a court in proceedings for the determination of civil
rights or obligations;
(v) in circumstances where it is
reasonably necessary so to do because the property is in a
dangerous state or is injurious to the health of human beings,
animals or plants; or
(b) for the taking of possession or
acquisition of any of the following property:-
(i) property of a deceased person, a
person of unsound mind or a person who has not attained the age of
twenty years, for the purpose of administering it for the benefit
of the person entitled to the beneficial interest in that
property;
(ii) property of a person adjudged
bankrupt or insolvent or of a body corporate in liquidation, for
the purpose of administering it for the benefit of the creditors of
the bankrupt or insolvent or body corporate and, subject thereto,
for the benefit of other persons entitled to the beneficial
interest in the property;
(iii) property subject to a trust,
for the purpose of vesting the property in persons appointed as
trustees under the instrument creating the trust or by a court or,
by order of a court, for the purpose of giving effect to the trust;
and
(iv) property held by a body
corporate established by law for public purposes.
(2.) Nothing contained in or done under the authority of any law
shall be held to be inconsistent with or in contravention of the
provisions of clause (1.) of this Article to the extent that that
law makes provision-
(a) that is reasonably required in
the interests of defence, public safety, public order, public
morality, public health, the development or utilisation of natural
resources or the development or utilisation of any property for a
purpose beneficial to the community;
(b) that is reasonably required for
protecting the rights or freedoms of other persons;
(c) that authorises an officer or
agent of the Republic of Nauru or of a body corporate established
by law for public purposes to enter, where reasonably necessary, on
the premises of a person in order to inspect those premises or
anything in or on them in relation to any tax or in order to carry
out work connected with any property that is lawfully in or on
those premises and belongs to the Republic or body corporate as the
case may be; or
(d) that authorises, for the purpose
of enforcing the judgment or order of a court, the search of a
person or property by order of a court or entry upon any premises
under such an order.
Provision to secure protection of law
10. (1.) No person shall be convicted of an
offence which is not defined by law.
(2.) A person charged with an offence shall, unless the charge
is withdrawn, be afforded a fair hearing within a reasonable time
by an independent and impartial court.
(3.) A person charged with an offence-
(a) shall be presumed innocent until
proved guilty according to law;
(b) shall be informed promptly in a
language that he understands and in detail of the nature of the
offence with which he is charged;
(c) shall be given adequate time and
facilities for the preparation of his defence;
(d) shall be permitted to have
without payment the assistance of an interpreter if he cannot
understand or speak the language used at the trial of the
charge;
(e) shall be permitted to defend
himself before the court in person or, at his own expense, by a
legal representative of his own choice or to have a legal
representative assigned to him in a case where the interests of
justice so require and without payment by him in any such case if
he does not, in the opinion of the court, have sufficient means to
pay the costs incurred; and
(f) shall be afforded facilities to
examine in person or by his legal representative the witnesses
called before the court by the prosecution, and to obtain the
attendance and carry out the examination of witnesses and to
testify before the court on his own behalf, on the same conditions
as those applying to witnesses called by the prosecution,
and, except with his own consent, the trial shall not take place
in his absence unless he so conducts himself as to render the
continuance of the proceedings in his presence impracticable and
the court has ordered him to be removed and the trial to proceed in
his absence.
(4.) No person shall be convicted of an offence on account of
any act or omission that did not, at the time it took place,
constitute such an offence and no penalty shall be imposed for an
offence that is more severe in degree or description than the
maximum penalty that might have been imposed for that offence at
the time when it was committed.
(5.) No person who shows that he has been tried by a competent
court for an offence and either convicted or acquitted shall again
be tried for that offence, except upon the order of a superior
court made in the course of appeal or review proceedings relating
to the conviction or acquittal.
(6.) No person shall be tried for an offence for which he has
been pardoned.
(7.) No person who is tried for an offence shall be compelled to
give evidence at the trial.
(8.) No person shall be compelled in the trial of an offence to
be a witness against himself.
(9.) A determination of the existence or extent of a civil right
or obligation shall not be made except by an independent and
impartial court or other authority prescribed by law and
proceedings for such a determination shall be fairly heard and
within a reasonable time.
(10.) Except with the agreement of the parties thereto,
proceedings of a court and proceedings for the determination of the
existence or extent of any civil right or obligation before any
other authority, including the announcement of the decision of the
court or other authority, shall be held in public.
(11.) Nothing in clause (10.) of this Article shall prevent the
court or other authority from excluding from the hearing of the
proceedings persons, other than the parties thereto and their legal
representatives, to such extent as the court or other
authority-
(a) is by law empowered to do and
considers necessary or expedient in the interests of public
morality or in circumstances where publicity would prejudice the
interests of justice, the welfare of persons under the age of
twenty years or the protection of the private lives of persons
concerned in the proceedings; or
(b) is by law empowered or required
to do in the interests of defence, public safety or public
order.
(12.) Nothing contained in or done under the authority of any
law shall be held to be inconsistent with or in contravention of
the provisions
(a) paragraph (a) of clause (3.) of
this Article by reason that that law places upon a person charged
with an offence the burden of proving particular matters; or
(b) paragraph (f) of clause (3.) of
this Article by reason that that law imposes reasonable conditions
which must be satisfied if witnesses called to testify on behalf of
a person charged with an offence are to be paid their expenses out
of public funds
Freedom of conscience
11. (1.) A person has the right to freedom of
conscience, thought and religion, including freedom to change his
religion or beliefs and freedom, either alone or in community with
others and in public or private, to manifest and propagate his
religion or beliefs in worship, teaching, practice and
observance.
(2.) Except with his consent, no person shall be hindered in the
enjoyment of a right or freedom referred to in clause (1.) of this
Article.
(3.) Except with his consent or, if he is under the age of
twenty years, the consent of his parent or guardian, no person
attending a place of education is required to receive religious
instruction or to take part in or attend a religious ceremony or
observance if that instruction, ceremony or observance relates to a
religion other than his own religion or belief.
(4.) Nothing contained in or done under the authority of any law
shall be held to be inconsistent with or in contravention of the
provisions of this Article to the extent that that law makes
provision which is reasonably required-
(a) in the interests of defence,
public safety, public order, public morality or public health;
(b) for protecting the rights and
freedoms of other persons, including the right to observe and
practise any religion without the unsolicited intervention of
members of some other religion; or
(c) for regulating the secular
education provided in any place of education in the interests of
the persons receiving instruction in that place.
Protection of freedom of expression
12. (1.) A person has the right to freedom of
expression.
(2.) Except with his consent, no person shall be hindered in the
enjoyment of his right to freedom of expression.
(3.) Nothing contained in or done under the authority of any law
shall be held to be inconsistent with, or in contravention of, the
provisions of this Article to the extent that that law makes
provision-
(a) that is reasonably required in
the interests of defence, public safety, public order, public
morality or public health;
(b) that is reasonably required for
the purpose of protecting the reputations, rights and freedoms of
other persons or the private lives of persons concerned in legal
proceedings, preventing the disclosure of information received in
confidence or maintaining the authority and independence of the
courts;
(c) that is reasonably required for
the purpose of regulating the technical administration or technical
operation of telephony, telegraphy, posts, wireless broadcasting or
television or restricting the establishment or use of telephonic,
telegraphic, wireless broadcasting or television equipment or of
postal services; or
(d) that regulates the use of
information obtained by public officers in the course of their
employment.
Protection of freedom of assembly and
association
13. (1.) Persons have the right to assemble and
associate peaceably and to form or belong to trade unions or other
associations.
(2.) Except with his consent, no person shall be hindered in the
enjoyment of a right referred to in clause (1.) of this
Article.
(3.) Nothing contained in or done under the authority of any law
shall be held to be inconsistent with, or in contravention of, the
provisions of this Article to the extent that that law makes
provision that is reasonably required-
(a) in the interests of defence,
public safety, public order, public morality or public health;
or
(b) for protecting the rights and
freedoms of other persons.
Enforcement of fundamental rights and
freedoms
14. (1.) A right or freedom conferred by this
Part is enforceable by the Supreme Court at the suit of a person
having an interest in the enforcement of that right or freedom.
(2.) The Supreme Court may make all such orders and declarations
as are necessary and appropriate for the purposes of clause (1.) of
this Article.
Interpretation
15. In this Part, unless the context otherwise
requires-
"contravention", in relation to any requirement, includes a
failure to comply with that requirement, and cognate expressions
shall be construed accordingly;
"disciplined force" means-
(a) the Police Force; or
(b) any other body established by
law for the purposes of defence or maintaining public safety or
public order;
"legal representative" means a person entitled to be in or to
enter Nauru and entitled by law to appear in proceedings before a
court on behalf of a party to those proceedings;
"member", in relation to a disciplined force, includes a person
who, under the law regulating the discipline of that force, is
subject to that discipline;
"public property" includes property of a body corporate
established by law for public purposes.
PART III.
THE PRESIDENT AND THE EXECUTIVE
The President
16. (1.) There shall be a President of Nauru,
who shall be elected by Parliament.
(2.) A person is not qualified to be elected President unless he
is a member of Parliament.
(3.) The Speaker and the Deputy Speaker are not qualified to be
elected President.
(4.) The President holds office until the election of another
person as President.
(5.) Parliament shall elect a President-
(a) whenever the office of President
is vacant;
(b) at the first sitting of
Parliament next following its dissolution; and
(c) whenever-
(i) the President tenders the
resignation of his office by writing under his hand delivered to
the Speaker;
(ii) a resolution for the removal
from office of the President and Ministers is approved under
Article 24; or
(iii) the President ceases to be a
member of Parliament otherwise than by reason only of its
dissolution.
Executive Authority vests in the Cabinet
17. (1.) The executive authority of Nauru is
vested in a Cabinet constituted as provided by this Part and the
Cabinet has the general direction and control of the government of
Nauru.
(2.) The Cabinet is collectively responsible to Parliament.
The Cabinet
18. (1.) The Cabinet consists of the President
and the Ministers appointed under Article 19.
(2.) A member of the Cabinet shall, before entering upon the
duties of his office, take and subscribe the oath set out in the
First Schedule.
(3.) A member of the Cabinet shall not hold an office of profit
in the service of Nauru or of a statutory corporation.
Appointment of Ministers
19.(1.) Whenever a President is elected, he
shall as soon as practicable appoint four or five members of
Parliament to be Ministers of the Cabinet.
(2.) Whenever there are less than four Ministers the President
shall appoint a member of Parliament to be a Minister but if
Parliament is dissolved the President shall appoint a person who
was a member immediately before the dissolution of Parliament.
(3.) Whenever there are four but not five Ministers the
President may appoint a member of Parliament to be a Minister.
Vacation of office
20. A Minister ceases to hold office-
(a) upon the election of a
President;
(b) upon resigning his office by
writing under his hand delivered to the President;
(c) upon being removed from office
by the President; or
(d) upon ceasing to be a member of
Parliament otherwise than by reason only of its dissolution.
Provision for Minister to act as President
21. The Cabinet may appoint a Minister to
perform the duties and exercise the functions of the President
during any period during which the President is unable to act owing
to illness, absence from Nauru or any other cause.
Meetings of Cabinet
22. (1.) The President shall preside at
meetings of the Cabinet.
(2.) Subject to this Constitution, the Cabinet may regulate its
own procedure.
Appointment of Ministers to Departments
23. The President may assign to himself or to a
Minister responsibility for any business of the government of Nauru
and may revoke or vary an assignment made under this Article.
Vote of no confidence
24. (1.) Where Parliament on a resolution
approved by at least one-half of the total number of members of
Parliament resolves that the President and Ministers be removed
from office on the grounds that it has no confidence in the
Cabinet, an election of a President shall be held.
(2.) Where a President has not been elected before the
expiration of a period of seven days after the day on which a
resolution under clause (1.) of this Article is approved Parliament
shall stand dissolved.
Chief Secretary
25. (1.) There shall be a Chief Secretary of
Nauru, who shall be appointed by the Cabinet.
(2.) A member of Parliament is not qualified to be appointed
Chief Secretary.
(3.) The Chief Secretary may resign his office by writing under
his hand delivered to the President and may be removed from office
by the Cabinet.
(4.) The Chief Secretary has such powers and functions as the
Cabinet directs and as are conferred on him by this Constitution or
by law.
PART IV.
THE LEGISLATURE**
** The name of the Legislature was changed from "the Legislative
Assembly" to "Parliament" on 17 May 1968.
Establishment of legislature
26. There shall be a Parliament of Nauru.
Legislative powers of legislature
27. Subject to this Constitution, Parliament
may make laws for the peace, order and good government of Nauru;
laws so made may have effect outside as well as within Nauru.
The Parliament
28. (1.) Parliament shall consist of eighteen
members or such greater number as is prescribed by law.
(2.) For the purpose of the election of members of Parliament,
Nauru shall be divided into constituencies.
(3.) Unless otherwise prescribed by law, the constituencies and
the number of members of Parliament to be returned by each of the
constituencies are those described in the Second Schedule.
(4.) A person shall not be at the same time a member of
Parliament for more than one constituency.
Electors for Parliament
29. Members of Parliament shall be elected in
such manner as is prescribed by law, by Nauruan citizens who have
attained the age of twenty years.
Qualification for membership of Parliament
30. A person is qualified to be elected a
member of Parliament if, and is not so qualified unless, he-
(a) is a Nauruan citizen and has
attained the age of twenty years; and
(b) is not disqualified under this
Constitution.
Disqualifications for membership of
Parliament
31. No person is qualified to be elected a
member of Parliament if he-
(a) is an undischarged bankrupt or
insolvent who has been declared bankrupt or insolvent according to
law;
(b) is a person certified to be
insane or otherwise adjudged according to law to be mentally
disordered;
(c) has been convicted and is under
sentence or is subject to be sentenced for an offence punishable
according to law by death or by imprisonment for one year or
longer;
(d) does not possess such
qualifications relating to residence or domicile in Nauru as are
prescribed by law; or
(e) holds an office of profit in the
service of Nauru or of a statutory corporation, being an office
prescribed by law for the purposes of this paragraph.
Vacation of seats by members of Parliament
32. (1.) A member of Parliament vacates his
seat-
(a) upon the dissolution of
Parliament next after his election;
(b) upon becoming disqualified under
Article 31 to be elected a member of Parliament;
(c) upon resigning his seat by
writing under his hand delivered, in the case of a member other
than the Speaker, to the Speaker and, in the case of the Speaker,
to the Clerk of Parliament;
(d) if he is absent without leave of
Parliament on every day on which a meeting of Parliament is held
during a period of two months; or
(e) upon ceasing to be a Nauruan
citizen.
(2.) In the event of the occurrence of a vacancy in the office
of a member of Parliament, an election shall be held in the manner
prescribed by law of a member to fill the vacant office.
Clerk of Parliament
33. (1.) There shall be a Clerk of Parliament,
who shall be appointed by the Speaker.
(2.) A member of Parliament is not qualified to be appointed
Clerk of Parliament.
(3.) The Clerk of Parliament may at any time resign his office
by writing under his hand delivered to the Speaker and may be
removed from office by the Speaker at any time.
(4.) Before or during the absence of the Clerk of Parliament,
the Speaker may appoint a person who is not a member of Parliament
to perform the functions of the Clerk during his absence.
Speaker of Parliament
34. (1.) Parliament shall, before it proceeds
to the despatch of any other business, elect one of its members to
be Speaker and, whenever the office of Speaker is vacant, shall not
transact any business other than the election of one of its members
to fill that office.
(2.) A member of the Cabinet is not qualified to be elected
Speaker.2
(3.) The Speaker ceases to hold office-3
(a) when Parliament first meets
after a dissolution;
(b) upon ceasing to be a member of
Parliament otherwise than by reason only of its dissolution;
(c) upon becoming a member of the
Cabinet;
(d) upon being removed from office
by a resolution of Parliament; or
(e) upon resigning his office by
writing under his hand delivered to the Clerk of Parliament.
Deputy Speaker of Parliament
35. (1.) Parliament shall, after the election
of the Speaker and before it proceeds to the despatch of any other
business, elect one of its members to be Deputy Speaker and,
whenever the office of Deputy Speaker is vacant, shall, as soon as
possible, elect one of its members to fill that office.
(2.) A member of the Cabinet is not qualified to be elected
Deputy Speaker.4
(3.) The Deputy Speaker ceases to hold office5-
(a) when Parliament first meets
after a dissolution;
(b) upon ceasing to be a member of
Parliament otherwise than by reason only of its dissolution;
(c) upon becoming a member of the
Cabinet;
(d) upon being removed from office
by a resolution of Parliament; or
(e) upon resigning his office by
writing under his hand delivered to the Clerk of Parliament.
(4.) The powers and functions conferred by this Constitution
upon the Speaker shall, if there is no person holding the office of
Speaker or if the Speaker is absent from a sitting of Parliament or
is otherwise unable to exercise those powers and perform those
functions, be exercised and performed by the Deputy Speaker and, if
he is also absent or unable to exercise those powers and perform
those functions, Parliament may elect one of its members to
exercise those powers and perform those functions.
Determination on questions of membership of
Parliament
36. Any question that arises concerning the
right of a person to be of or to remain a member of Parliament
shall be referred to and determined by the Supreme Court.
Powers privileges and immunities of
Parliament
37. The powers, privileges and immunities of
Parliament and of its members and committees are such as are
declared by Parliament.
Procedure in Parliament
38. (1.) Parliament may make, amend or repeal
rules and orders with respect to-
(a) the mode in which its powers,
privileges and immunities may be exercised and upheld; and
(b) the conduct of its business and
proceedings.
(2.) Parliament may act notwithstanding a vacancy in its
membership and the presence or participation of a person not
entitled to be present at, or to participate in, the proceedings of
Parliament does not invalidate those proceedings.
General Elections for Parliament6
39. A general election of members of Parliament
shall be held at such time within two months after a dissolution of
Parliament as the Speaker in accordance with the advice of the
President appoints.
Sessions of Parliament7
40. (1.) Each session of Parliament shall be
held at such place and shall begin at such time, not being later
than twelve months after the end of the preceding session if
Parliament has been prorogued, or twenty-one days after the last
day on which a candidate at a general election is declared elected
if Parliament has been dissolved, as the Speaker in accordance with
the advice of the President appoints.
(2.) Subject to the provisions of clause (1.) of this Article,
the sittings of Parliament shall be held at such times and places
as it, by its rules of procedure or otherwise, determines.
Prorogation and dissolution of Parliament
41. (1.) The Speaker, in accordance with the
advice of the President, may at any time prorogue Parliament.
(2.) The Speaker shall, if he is advised by the President to
dissolve Parliament, refer the advice of the President to
Parliament as soon as practicable and in any case before the
expiration of fourteen days after his receipt of the advice.8
(3.) For the purposes of clause (2.) of this Article, and
notwithstanding Article 40, the Speaker shall, if necessary,
appoint a time for the beginning of a session, or for a sitting, of
Parliament.
(4.) Where the Speaker has, under clause (2.) of this Article,
referred the advice of the President to Parliament, and no
resolution for the removal from office of the President and
Ministers under Article 24 is approved after the date on which the
advice was so referred, he shall dissolve Parliament on the seventh
day after that date.
(5.) The President may withdraw his advice at any time before
the Speaker has dissolved Parliament and where the President so
withdraws his advice, the Speaker shall not dissolve
Parliament.
(6.) Notwithstanding the preceding provisions of this Article,
where a resolution for the removal from office of the President and
Ministers is approved under Article 24, the Speaker shall not-
(a) prorogue Parliament; or
(b) dissolve Parliament,
during the period of seven days after the day on which the
resolution is approved.
(7.) Parliament shall, unless sooner dissolved, continue for a
period of three years from and including the date of the first
sitting of Parliament after any dissolution and shall then stand
dissolved.
Sessions of Parliament at request of one-third of
members
42. (1.) Where-
(a) Parliament is not in session;
and
(b) there is delivered to the
Speaker a request that complies with clause (2.) of this Article
for the holding of a session,9
the Speaker shall appoint a time for the holding of a session of
Parliament, being a time before the expiration of fourteen days
after the request is delivered.
(2.) A request referred to in clause (1.) of this Article10-
(a) shall be in writing;
(b) shall be signed by a member of
Parliament for each of at least three constituencies and by a
number of members of Parliament which is at least one-third of the
total number of members of Parliament; and
(c) shall set out particulars of the
business proposed to be dealt with at the session of
Parliament.
Oath of members of Parliament
43. (1.) A member of Parliament shall, before
taking his seat, take and subscribe before Parliament the oath set
out in the Third Schedule, but a member may before taking and
subscribing that oath take part in electing the Speaker.
(2.) The Speaker shall, if he has not taken and subscribed the
oath set out in the Third Schedule, take and subscribe that oath
before entering upon the duties of his office.
Speaker to preside
44. The Speaker shall preside at a sitting of
Parliament.
Quorum
45. No business shall be transacted at a
sitting of Parliament if the number of its members present, other
than the person presiding at the sitting, is less than one-half of
the total number of members of Parliament.
Voting
46. (1.) Except as otherwise provided by this
Constitution, a question before Parliament shall be decided by a
majority of the votes of its members present and voting.
(2.) The Speaker or other member presiding in Parliament shall
not vote unless on a question the votes are equally divided in
which case he has and shall exercise a casting vote.
Enactment of laws
47. A proposed law becomes law on the date when
the Speaker certifies that it has been passed by Parliament.
PART V.
THE JUDICATURE
Supreme Court of Nauru
48. (1.) There shall be a Supreme Court of
Nauru, which shall be a superior court of record.
(2.) The Supreme Court has, in addition to the jurisdiction
conferred on it by this Constitution, such jurisdiction as is
prescribed by law.
Chief Justice and Judges of Supreme Court
49. (1.) The Supreme Court consists of a Chief
Justice and such number, if any, of other judges as is prescribed
by law.
(2.) The judges of the Supreme Court shall be appointed by the
President.11
(3.) A person is not qualified to be appointed a judge of the
Supreme Court unless he is entitled as prescribed by law to
practise as a barrister or solicitor in Nauru and has been so
entitled for not less than five years.
Vacation of office
50. (1.) A judge of the Supreme Court ceases to
hold office on attaining the age of sixty-five years or, if a
greater age is prescribed by law for the purposes of this Article,
on attaining that greater age.
(2.) A law that prescribes a greater age for the purposes of
this Article may provide that that law applies only to specified
judges.
Removal from office and resignation
51. (1.) A judge of the Supreme Court may not
be removed from office except on a resolution of Parliament
approved by not less than two-thirds of the total number of members
of Parliament praying for his removal from office on the ground of
proved incapacity or misconduct.
(2.) A judge of the Supreme Court may resign his office by
writing under his hand delivered to the President.12
Oath of office
52. A judge of the Supreme Court shall not
enter upon the duties of his office unless he has taken and
subscribed the oath set out in the Fourth Schedule.
Acting judges
53. (1.) If the office of Chief Justice is
vacant or if the Chief Justice is for any reason unable to perform
the duties of his office then until a person has been appointed to
and has assumed the duties of that office or until the person
holding that office has resumed those duties, as the case may be,
those duties shall be discharged by such one of the other judges of
the Supreme Court as is designated by the President or, if there is
no other judge of the Supreme Court, by a person designated by the
President, being a person who is qualified to be appointed a judge
of the Supreme Court.13
(2.) If the office of a judge of the Supreme Court other than
the office of the Chief Justice is vacant or if the person holding
that office is for any reason unable to perform the duties of his
office or if the state of business in the Supreme Court so
requires, the President may appoint a person qualified to be
appointed a judge of the Supreme Court to act as a judge of the
Supreme Court and a person so appointed may act as a judge of the
Supreme Court notwithstanding that he has attained the age of sixty
five years or, if a greater age is prescribed by law for the
purposes of Article 50, has attained that greater age.14
(3.) The provisions of clause (2.) of this Article apply in
respect of the office of Chief Justice if at a time when the office
of the Chief Justice is vacant no other person holds office as a
judge of the Supreme Court.
(4.) A person appointed under clause (2.) of this Article to act
as a judge of the Supreme Court shall continue to act for the
period of his appointment or, if no such period is specified, until
his appointment is revoked by the President.15
Matters concerning the Constitution
54. (1.) The Supreme Court shall, to the
exclusion of any other court, have original jurisdiction to
determine any question arising under or involving the
interpretation or effect of any provision of this Constitution.
(2.) Without prejudice to any appellate jurisdiction of the
Supreme Court, where in any proceedings before another court a
question arises involving the interpretation or effect of any
provision of this Constitution, the cause shall be removed into the
Supreme Court, which shall determine that question and either
dispose of the case or remit it to that other court to be disposed
of in accordance with the determination.
The Cabinet may refer questions on Constitution to the
Supreme Court16
55. The President or a Minister may, in
accordance with the approval of the Cabinet, refer to the Supreme
Court for its opinion any question concerning the interpretation or
effect of any provision of this Constitution which has arisen or
appears to the Cabinet likely to arise, and the Supreme Court shall
pronounce in open court its opinion on the question.
Subordinate courts
56. There shall be such subordinate courts as are established by
law and those courts possess such jurisdiction and powers as are
prescribed by law.
Appeals
57. (1.) Parliament may provide that an appeal
lies as prescribed by law from a judgment, decree, order or
sentence of the Supreme Court constituted by one judge to the
Supreme Court constituted by not less than two judges.
(2.) Parliament may provide that an appeal lies as prescribed by
law from a judgment, decree, order or sentence of the Supreme Court
to a court of another country.
PART VI.
FINANCE
Treasury Fund
58. All revenues and other moneys raised or
received by Nauru, not being revenues or other moneys payable by
law into another fund established for a specific purpose, shall be
paid into and form a Treasury Fund.17
Withdrawals from Treasury Fund and public
funds
59. (1.) No moneys shall be withdrawn from the
Treasury Fund except to meet expenditure that is charged upon the
Treasury Fund by this Constitution or in accordance with law.
(2.) No moneys shall be withdrawn from any fund referred to in
Article 58 other than the Treasury Fund except in accordance with
law.
(3.) A proposed law for the withdrawal of moneys from the
Treasury Fund or any other fund referred to in Article 58 shall not
receive the certificate of the Speaker under Article 47 unless the
purpose of the withdrawal has been recommended to Parliament by the
Cabinet.18
(4.) The Cabinet shall cause to be prepared and laid before
Parliament before the date of commencement of each financial year
(or if, in respect of a particular financial year, Parliament, by
resolution, determines a later date, before that later date),
estimates of the revenues and expenditure of Nauru for that
year.19
Taxation
60. No tax shall be raised except as prescribed
by law and a proposed law for the imposition of a tax shall not
receive the certificate of the Speaker under Article 47 unless the
imposition of the tax has been recommended to Parliament by the
Cabinet.20
Withdrawal of moneys in advance of appropriation
law
61. (1.) If the appropriation law in respect of
a financial year has not received the certificate of the Speaker
under Article 47 on or before the twenty-first day before the
commencement of that financial year, the Cabinet may, in accordance
with clause (2.) of this Article, recommend to Parliament a
proposed law authorising the withdrawal of moneys from the Treasury
Fund for the purpose of meeting expenditure necessary to carry on
the services of the Republic of Nauru after the commencement of
that financial year until the expiration of three months or the
coming into operation of the appropriation law, whichever is the
earlier.21
(2.) A recommendation by the Cabinet referred to in clause (1.)
of this Article shall be in writing delivered to the Speaker not
later than the fourteenth day before the commencement of the
financial year and the Speaker shall, on receiving the
recommendation, lay it before Parliament as soon as
practicable.22
(3.) For the purposes of clause (2.) of this Article and
notwithstanding Article 40, the Speaker shall, if necessary,
appoint a time for the beginning of a session, or for a sitting, of
Parliament.23
(4.) Where the Cabinet has recommended a proposed law under
clause (1.) of this Article and neither the appropriation law nor
that proposed law has come into operation on or before the
commencement of that financial year, the Cabinet may authorise the
withdrawal of moneys in accordance with that proposed law but the
amount of moneys so withdrawn shall not exceed one-quarter of the
amount withdrawn under the authority of the appropriation law or
laws in respect of the preceding financial year.24
Long Term Investment Fund
62. (1.) There shall be a Long Term Investment
Fund constituted by the moneys that immediately before the
commencement of this Constitution constituted a fund called the
Nauruan Community Long Term Investment Fund and by such other
moneys as are appropriated by law for payment into the fund or are
paid into the fund as provided by clause (2.) of this Article.
(2.) Moneys constituting the Long Term Investment Fund may be
invested as prescribed by law and income derived from moneys so
invested shall be paid into the fund.
(3.) Notwithstanding the provisions of Article 59, no moneys
shall be withdrawn from the Long Term Investment Fund (otherwise
than for investment under clause (2.) of this Article) until the
recovery of the phosphate deposits in Nauru has, by reason of the
depletion of those deposits, ceased to provide adequately for the
economic needs of the citizens of Nauru.
Phosphate royalties
63. (1.) Parliament may provide for the
establishment of a fund for the benefit of persons from whose land
phosphate deposits have been recovered and for the payment into
that fund of amounts from the Treasury Fund and for the payment of
moneys out of that fund to those persons.
(2.) Parliament may provide for the payment from the Treasury
Fund to persons from whose land phosphate deposits have been
recovered of such royalties as are prescribed by law.
Contingencies Fund
64. (1.) Parliament may provide for the
establishment of a Contingencies Fund and for authorising the
Cabinet, if satisfied that there has arisen an urgent and
unforeseen need for expenditure for which no other provision
exists, to make advances from that fund for the purposes of that
expenditure.25
(2.) Where an advance is made from the Contingencies Fund,
provision may be made by law for replacing the amount so
advanced.
Remuneration of certain officers
65. (1.) There shall be paid to the holders of
the offices to which this Article applies such salary and such
allowances as are prescribed by law.26
(2.) The salaries and allowances payable to the holders of the
offices to which this Article applies are a charge on the Treasury
Fund.
(3.) The salary and allowances payable to the holder of an
office to which this Article applies and his other conditions of
service shall not be altered to his disadvantage during the term of
his appointment.
(4.) This Article applies to the office of judge of the Supreme
Court, Clerk of Parliament and Director of Audit.
Director of Audit
66. (1.) There shall be a Director of Audit,
whose office is a public office.
(2.) The powers and functions and the conditions of service of
the Director of Audit are, subject to this Constitution, as
prescribed by law.
(3.) The Director of Audit shall not hold or act in any other
public office during his period of service and a person who has
held the office of Director of Audit shall not hold or act in any
public office during the period of three years after he ceases to
be Director of Audit.
(4.) The Director of Audit may resign his office at any time by
writing under his hand delivered to the Speaker.
(5.) The Director of Audit may not be removed from office except
on a resolution of Parliament approved by not less than two-thirds
of the total number of members of Parliament praying for his
removal from office on the ground of proved incapacity or
misconduct.
Public debt
67. (1.) All debt charges for which Nauru is
liable are a charge on the Treasury Fund.
(2.) For the purposes of this Article, debt charges include
interest, sinking fund charges, repayment or amortisation of debt
and all expenditure in connexion with the raising of loans and the
service and redemption of the debt thereby created.
PART VII.***
THE PUBLIC SERVICE
*** Part VII., Articles 68-70 substituted 17.5.68
Appointments etc., in the Public Service
68. (1.) Except as otherwise provided by law
under Article 69, there is vested in the Chief Secretary the power
-
(a) to appoint, subject to clause
(3.) of this Article, persons to hold or act in offices in the
Public Service;
(b) to exercise disciplinary control
over persons holding or acting in such offices; and
(c) to remove such persons from
office.
(2.) The Chief Secretary may, by instrument in writing under his
hand, delegate to a public officer power to exercise disciplinary
control over persons holding or acting in such public offices,
other than offices referred to in clause (3.) of this Article, as
the Chief Secretary specifies in the instrument and such delegation
is subject to such conditions, if any, as the Chief Secretary
specifies in the instrument.
(3.) The Chief Secretary may not exercise his power under
paragraph (a) of clause (1.) of this Article in relation to the
office of a person in charge of a department of government and such
other offices as are prescribed by law except in accordance with
the approval of the Cabinet.
(4.) The Chief Secretary shall report to the Cabinet on such
matters relating to the exercise of the powers under this Article
as are prescribed by law at least once a year and the Cabinet shall
cause a copy of the report to be laid before Parliament.
Power of Parliament to establish Public Service Board
and to make special provisions regarding police
69. (1.) Parliament may make provision for
either or both of the following:-
(a) vesting the powers and functions
of the Chief Secretary under clauses (1.) and (2.) of Article 68 in
a Public Service Board consisting of the Chief Secretary, who shall
be Chairman, and not less than two other persons who are not
members of Parliament; and
(b) subject to clause (2.) of this
Article, vesting in the public officer in charge of the Nauru
Police Force the powers and functions of the Chief Secretary under
clause (1.) of Article 68, in so far as they apply to or in respect
of public officers in the Nauru Police Force.
(2.) Where Parliament makes provision under paragraph (b) of
clause (1.) of this Article -
(a) it shall also make provision for
establishing a Police Service Board consisting of not less than
three persons, who are not members of Parliament, of whom one shall
be the Chief Justice, who shall be Chairman, one shall be the Chief
Secretary, and one shall be a person elected by members of the
Nauru Police Force in such manner and for such term as are
prescribed by law;
(b) the power of the public officer
in charge of the Nauru Police Force to appoint persons to hold or
act in offices in the Nauru Police Force shall be subject to such
consent, if any, of the Police Service Board as is required by law;
and
(c) the Chief Secretary or, where
Parliament has made provision for a Public Service Board, the
Public Service Board, shall not exercise the powers or perform the
functions under clauses (1.) and (2.) of Article 68 in so far as
they apply to or in respect of public officers in the Nauru Police
Force.
(3.) An appeal lies to the Police Service Board from a decision
of the public officer in charge of the Nauru Police Force under
this Article to remove a public officer from office or to exercise
disciplinary control over a public officer at the instance of the
public officer in respect of whom the decision is made.
(4.) The Police Service Board shall exercise such other powers
and functions as are conferred on it by law and shall, subject to
this Article and any law, regulate its own procedure.
(5.) Except as otherwise provided by law, no appeal lies from a
decision of the Police Service Board.
Public Service Appeals Board
70. (1.) There shall be a Public Service
Appeals Board which shall consist of the Chief Justice, who shall
be Chairman, one person appointed by the Cabinet and one person
elected by public officers as prescribed by law.
(2.) A member of Parliament is not qualified to be a member of
the Public Service Appeals Board.
(3.) A member of the Public Service Appeals Board ceases to hold
office-
(a) upon being elected a member of
Parliament;
(b) if he was appointed by the
Cabinet, upon being removed from office by the Cabinet or upon
resigning his office by writing under his hand delivered to the
President; or
(c) if he was elected by public
officers, upon the expiration of the term for which he was elected,
upon being removed from office in the manner prescribed by law or
upon resigning his office by writing under his hand delivered to
the Chief Secretary.
(4.) Whenever a member of the Public Service Appeals Board,
other than the Chief Justice, is unable for any reason or
ineligible under clause (5.) of this Article to perform the duties
of his office, the Cabinet may-
(a) if the member was appointed by
it, appoint a person who is not a member of Parliament; or
(b) if the member was elected by
public officers, appoint, subject to such conditions, if any, as
are prescribed by law, a person,
to act as a member of the Public Service Appeals Board during
the period of the inability or ineligibility of the member.
(5.) Parliament may provide that a member of the Public Service
Appeals Board, other than the Chief Justice, is ineligible to act
in relation to such matters as are prescribed by law.
(6.) Except where an appeal lies to the Police Service Board
under Article 69, an appeal lies to the Public Service Appeals
Board from a decision to remove a public office or to exercise
disciplinary control over a public officer at the instance of the
public officer in respect of whom the decision is made.
(7.) The Public Service Appeals Board shall exercise and perform
such other powers and functions as are conferred on it by law and
shall, subject to this Constitution and any law, regulate its own
procedure.
(8.) Except as otherwise provided by law, no appeal lies from a
decision of the Public Service Appeals Board.
PART VIII.
CITIZENSHIP
Members of Nauruan community to be Nauruan
citizens
71. A person who on the thirtieth day of
January One thousand nine hundred and sixty-eight was included in
one of the classes of persons who constituted the Nauruan Community
within the meaning of the Nauruan Community Ordinance 1956-1966 of
Nauru is a Nauruan citizen.
Persons born on or after 31 January 1968
72. (1.) A person born on or after the
thirty-first day of January One thousand nine hundred and
sixty-eight is a Nauruan citizen if his parents were Nauruan
citizens at the date of his birth.
(2.) A person born on or after the thirty-first day of January
One thousand nine hundred and sixty-eight is a Nauruan citizen if
he is born of a marriage between a Nauruan citizen and a Pacific
Islander and neither parent has within seven days after the birth
of that person exercised a right prescribed by law in the manner
prescribed by law to determine that that person is not a Nauruan
citizen.
Persons born in Nauru on or after 31 January
1968
73. A person born in Nauru on or after the
thirty-first day of January One thousand nine hundred and
sixty-eight is a Nauruan citizen if, at the date of his birth he
would not, but for the provisions of this Article, have the
nationality of any country.
Women married to Nauruan Citizens
74. A woman, not being a Nauruan citizen, who
is married to a Nauruan citizen or has been married to a man who
was, throughout the subsistence of the marriage, a Nauruan citizen,
is entitled, upon making application in such manner as is
prescribed by law, to become a Nauruan citizen.27
Powers of Parliament regarding citizenship
75.(1.) Parliament may make provision for the
acquisition of Nauruan citizenship by persons who are not otherwise
eligible to become Nauruan citizens under the provisions of this
Part.
(2.) Parliament may make provision for depriving a person of his
Nauruan citizenship being a person who has acquired the nationality
of another country otherwise than by marriage.
(3.) Parliament may make provision for depriving a person of his
Nauruan citizenship being a person who is a Nauruan citizen
otherwise than by reason of Article 71 or Article 72.
(4.) Parliament may make provision for the renunciation by a
person of his Nauruan citizenship.
Interpretation
76. (1.) In this Part, "Pacific Islander" has,
except as otherwise prescribed by law, the same meaning as in the
Nauruan Community Ordinance 1956-1966 of Nauru.
(2.) A reference in this Part to the citizenship of the parent
of a person at the date of that person's birth shall, in relation
to a person one of whose parents died before the birth of that
person, be construed as a reference to the citizenship of the
parent at the time of the parent's death.
PART IX.
EMERGENCY POWERS
Declaration of an emergency
77. (1.) If the President is satisfied that a
grave emergency exists whereby the security or economy of Nauru is
threatened he may, by public proclamation, declare that a state of
emergency exists.28
(2.) A declaration of emergency lapses-
(a) if the declaration is made when
Parliament is sitting, at the expiration of seven days after the
date of publication of the declaration; or
(b) in any other case, at the
expiration of twenty-one days after the date of publication of the
declaration,
unless it has in the meantime been approved by a resolution of
Parliament approved by a majority of the members of Parliament
present and voting.
(3.) The President may at any time revoke a declaration of
emergency by public proclamation.
(4.) A declaration of emergency that has been approved by a
resolution of Parliament under clause (2.) of this Article remains,
subject to the provisions of clause (3.) of this Article, in force
for twelve months or such shorter period as is specified in the
resolution.
(5.) A provision of this Article that a declaration of emergency
lapses or ceases to be in force at a particular time does not
prevent the making of a further such declaration whether before or
after that time.
Emergency powers
78. (1.) During the period during which a
declaration of emergency is in force, the President may make such
orders as appear to him to be reasonably required for securing
public safety, maintaining public order or safeguarding the
interests or maintaining the welfare of the community.29
(2.) An order made by the President under clause (1.) of this
Article30:
(a) has effect notwithstanding
anything in Part II of this Constitution or in Article 94;
(b) is not invalid in whole or in
part by reason only that it provides for any matter for which
provision is made under any law or because of inconsistency with
any law; and
(c) lapses when the declaration of
emergency lapses unless in the meantime the order is revoked by a
resolution of Parliament approved by a majority of the members of
Parliament present and voting.
(3.) The revocation or lapsing of an order made by the President
under clause (1.) of this Article does not affect the previous
operation of that order, the validity of anything done or omitted
to be done under it or any offence committed or penalty or
punishment incurred.31
Restriction on detention
79. (1.) For the purposes of this Article there
shall be an advisory board consisting of the Chief Justice, one
person nominated by the Chief Justice and one person nominated by
the Cabinet.32
(2.) A person detained under an order under Article 78 shall, as
soon as practicable, be informed of the reasons for his detention
and be brought before the advisory board and permitted to make
representations against his detention.
(3.) No person shall be detained under an order under Article 78
for a period exceeding three months unless that person has been
brought before the advisory board and any representations made by
him have been considered by it and it has within that period
determined that there is sufficient cause for the detention.
PART XI.
GENERAL
Grant of pardon
80. The President may-
(a) grant a pardon, either free or
subject to lawful conditions, to a person convicted of an
offence;33
(b) grant to a person a respite,
either indefinite or for a specified period, of the execution of a
punishment imposed on that person for an offence;
(c) substitute a less severe form of
punishment for any punishment imposed on a person for an offence;
or
(d) remit the whole or a part of a
punishment imposed on a person for an offence or of a penalty or
forfeiture on account of an offence.
Interpretation
81. (1.) In this Constitution, unless the
context otherwise requires:-
"Article"
"Article" means Article of this Constitution;
"Cabinet"34
"Cabinet" means the Cabinet established under Article 17;
"Chief Justice"
"Chief Justice" means the Chief Justice of the Supreme
Court;
"Chief Secretary"35
"Chief Secretary" means the Chief Secretary of Nauru appointed
under Article 25;
"Court"
"Court" means a court of law having jurisdiction in Nauru;
"Existing law"
"Existing law" means a law in force in Nauru immediately before
Independence Day;
"Government Gazette"36
"Government Gazette" means the Nauru Government Gazette;
"Independence Day"
"Independence Day" means the thirty-first day of January, One
thousand nine hundred and sixty-eight;
"Law"
"Law" includes an instrument having the force of law and an
unwritten rule of law and "lawful" and "lawfully" shall be
construed accordingly;
"Minister"37
"Minister" means a Minister of the Cabinet;
"Month"
"Month" means calendar month;
"Parliament"38
"Parliament" means the Parliament of Nauru established under
Article 26;
"Person"
"Person" includes a body corporate or politic;
"President"39
"President" means the President of Nauru;
"Property"
"Property" includes a right, title or interest in or over
property;
"Public office"
"Public office" means an office of emolument in the public
service;
"Public officer"
"Public officer" means a person holding or acting in a public
office;
"Public service"
"Public service" means, subject to the provisions of this
Article, the service of the Republic of Nauru;
"Schedule"
"Schedule" means Schedule to this Constitution;
"Session"40
"Session" means the period beginning when the Legislative
Assembly of Nauru first met on Independence Day or after Parliament
has at any time been prorogued or dissolved and ending when next
Parliament is prorogued or dissolved;
"Sitting"
"Sitting" means a period during which Parliament is sitting
without adjournment;
"Speaker"
"Speaker" means the Speaker of Parliament;
"Supreme Court"
"Supreme Court" means the Supreme Court of Nauru established
under Article 48;
"Writing"
"Writing" includes any mode of representing or reproducing words
in a visible form.
(2.) In this Constitution-41
(a) a reference to an office in the
public service does not include-
(i) a reference to the office of
President, Minister, Speaker, Deputy Speaker, member of Parliament
or Clerk of Parliament;
(ii) a reference to the office of a
Judge of the Supreme Court; or
(iii) except in so far as is
prescribed by law, a reference to the office of a member of a
council, board, panel, committee or other similar body, whether
incorporated or not, established by law; and
(b) a reference to an office of
profit in the service of Nauru does not include a reference to the
office of President, Minister, Speaker, Deputy Speaker, or member
of Parliament.
(3.) In this Constitution, unless the context otherwise
requires, a reference to the holder of an office by an expression
designating his office shall be construed as including, to the
extent of his authority, a reference to a person for the time being
authorised to exercise the powers or perform the functions of that
office.
(4.) In this Constitution, a reference to the total number of
members of Parliament is a reference to the number of members of
which Parliament consists in accordance with Article 28.
(5.) In this Constitution, unless the context otherwise
requires-
(a) words importing the masculine
gender shall be taken to include females; and
(b) words in the singular include
the plural and words in the plural include the singular.
(6.) Where a law is repealed, or is deemed to have been
repealed, by, under or by reason of this Constitution, the repeal
does not-
(a) revive anything not in force or
existing at the time at which the repeal takes effect;
(b) affect the previous operation of
the law or anything only done or suffered under the law;
(c) affect any right, privilege,
obligation or liability acquired, accrued or incurred under the
law;
(d) affect any penalty, forfeiture
or punishment incurred in respect of any offence committed against
the law; or
(e) affect any investigation, legal
proceeding or remedy in respect of any such right, privilege,
obligation, liability, penalty, forfeiture or punishment,
and any such investigation, legal proceeding or remedy may be
instituted, continued or enforced, and any such penalty, forfeiture
or punishment may be imposed, as if the law had not been
repealed.
(7.) Where a person is required by this Constitution to take and
subscribe an oath, he shall be permitted, if he so desires, to
comply with that requirement by making and subscribing an
affirmation.
Parts, etc. of Constitution
82. (1.) The headings of the Parts into which
this Constitution is divided are part of this Constitution.
(2.) A Schedule to this Constitution is part of this
Constitution.
(3.) The preamble and the marginal notes to this Constitution do
not form part of this Constitution.
Right to mine phosphate
83. (1.) Except as otherwise provided by law,
the right to mine phosphate is vested in the Republic of
Nauru.42
(2.) Nothing in this Constitution makes the Government of Nauru
responsible for the rehabilitation of land from which phosphate was
mined before the first day of July, One thousand nine hundred and
sixty-seven.
Amendment of the Constitution43
84. (1.) This Constitution shall not be altered
except in accordance with this Article.
(2.) This Constitution may be altered by law but a proposed law
for that purpose shall not be passed by Parliament unless-
(a) there has been an interval of
not less than ninety days between the introduction of the proposed
law in Parliament and the passing of the proposed law by
Parliament; and
(b) it is approved by not less than
two-thirds of the total number of members of Parliament.
(3.) A proposed law to alter or having the effect of altering
the Fifth Schedule or any of the provisions of this Constitution
specified in the Fifth Schedule shall not be submitted for the
certificate of the Speaker under Article 47 unless, after it has
been passed by Parliament, it has been approved by not less than
two-thirds of all the votes validly cast on a referendum held,
subject to clause (4.) of this Article, as prescribed by law.
(4.) A person who, at the time the referendum is held, is
qualified to vote at an election of members of Parliament, is
entitled to vote at a referendum held for the purposes of this
Article and no other person is so entitled.
(5.) A proposed law to alter this Constitution shall not receive
the certificate of the Speaker under Article 47 unless it is
accompanied by a certificate under the hand of the Clerk of
Parliament that the provisions of clause (2.) of this Article have
been complied with and, if it is a proposed law to which clause
(3.) of this Article applies, by a certificate under the hand of a
person prescribed by law stating that it has been approved as
provided by that clause.
PART XI.
TRANSITIONAL PROVISIONS
Existing laws
85. (1.) A law in force in Nauru immediately
before Independence Day continues in force, subject to this
Constitution and to any amendment of that law made by a law enacted
under this Constitution or by order under clause (6.) of this
Article, until repealed by a law enacted under this
Constitution.
(2.) A law which has not been brought into force in Nauru before
Independence Day may, subject to this Constitution and to any
amendment of that law made by law, be brought into force on or
after Independence Day and a law brought into force under this
clause continues in force subject as aforesaid, until repealed by a
law enacted under this Constitution.
(3.) Clause (1.) of this Article does not apply to the Nauru Act
1965 of the Commonwealth of Australia, other than sections 4 and 53
of that Act, or to an Act of the Commonwealth of Australia that
immediately before Independence Day extended to Nauru as a
Territory of that Commonwealth.
(4.) The Constitutional Convention Ordinance 1967 of Nauru shall
not be amended so as to affect the membership of the Constitutional
Convention established under that Ordinance.
(5.) Where a matter that, under this Constitution, is to be
prescribed or otherwise provided for by law, is prescribed or
otherwise provided for by a law continued in force by clause (1.)
or (2.) of this Article, that matter has, on and after Independence
Day, effect as if it had also been prescribed or provided for by a
law enacted under this Constitution.
(6.) For the purposes of bringing the provisions of an existing
law into accord with the provisions of this Constitution (other
than Part II. of this Constitution) the President may, except as
otherwise prescribed by law, within a period of two years after
Independence Day, make, by order published in the Government
Gazette, such adaptations, whether by way of modification of,
addition to or omission from those provisions, as he deems
necessary or expedient and an order so made has effect, or shall be
deemed to have effect, from and including such date, not being a
date before Independence Day, as is specified in the order.44
Adaptation of existing laws
86. (1) Subject to this Constitution, a
reference in a law continued in force by clause (1.) or (2.) of
Article 85 to45-
(a) the Governor-General of the
Commonwealth of Australia; or
(b) the Minister of State for
Territories of the Commonwealth of Australia,
shall, unless the context otherwise requires, be read as a
reference to the President.
(2.) Subject to this Constitution, a reference in a law
continued in force by clause (1.) or (2.) of Article 85 to the
Administrator of the Territory of Nauru shall, unless the context
otherwise requires, be read as a reference to the President or
where responsibility for the administration of that law is assigned
to a Minister under Article 23, to that Minister.
(3.) Subject to this Constitution, a reference in a law
continued in force by clause (1.) or (2.) of Article 85 to the
Administrator of the Territory of Nauru acting in accordance with
the advice of the Executive Council of the Territory of Nauru
shall, unless the context otherwise requires, be read as a
reference to the Cabinet.
Existing public officers
87. (1.) Subject to this Constitution and any
law, a person who immediately before Independence Day hold; or is
acting in a public office shall, on and after Independence Day,
hold or act in that office or the corresponding office established
by this Constitution on the same terms and conditions as those on
which he holds or is acting in the public office immediately before
Independence Day.
(2.) Nothing in this Article shall be construed as applying to a
person who immediately before Independence Day holds or is acting
in the office of Administrator, Public Service Commissioner or
Official Secretary.
Existing legal proceedings
88. All legal proceedings pending or incomplete
in the Central Court of the Island of Nauru immediately before
Independence Day shall stand removed to the Supreme Court, which
shall have jurisdiction to hear and determine the proceedings and
the judgments and orders of the Central Court of the Island of
Nauru given or made before Independence Day shall have the same
force and effect as if they had been delivered or made by the
Supreme Court.
The first Parliament46
89. (1.) The persons who were elected at the
election conducted during January, One thousand nine hundred and
sixty-eight at the instance of the Constitutional Convention to
become members of the Legislative Assembly of Nauru on Independence
Day are members of the first Parliament and shall be deemed to have
been elected in accordance with this Constitution.
(2.) The first Parliament came into existence on Independence
Day under the name of the Legislative Assembly of Nauru and
continues under the name of Parliament from and including the date
on which this clause comes into operation.
(3.) The first Parliament shall, unless sooner dissolved,
continue for a period of three years from and including
Independence Day and shall then stand dissolved.
(4.) In this Article, "Constitutional Convention" means the
Constitutional Convention established under the Constitutional
Convention Ordinance 1967 of Nauru.
Powers privileges and immunities of
Parliament
90. Until otherwise declared by Parliament, the
powers, privileges and immunities of Parliament and of its members
and committees shall be those of the House of Commons of the
Parliament of the United Kingdom of Great Britain and Northern
Ireland and of its members and committees as at the commencement of
this Constitution.
Vesting of property, etc.
91. (1.) All property and assets which,
immediately before Independence Day, were vested in the
Administrator of the Territory of Nauru or in the Administration of
the Territory of Nauru, vest in the Republic of Nauru.
(2.) All rights, liabilities and obligations of the
Administrator of the Territory of Nauru or of the Administration of
the Territory of Nauru, whether arising out of contract or
otherwise, are rights, liabilities and obligations of the Republic
of Nauru.
Constitutional Convention to continue in
existence
92. (1.) Notwithstanding the coming into force
of this Constitution, the Constitutional Convention established
under the Constitutional Convention Ordinance 1967 of Nauru shall,
subject to this Article, continue in existence during the period of
five months after Independence Day or, if the Constitutional
Convention approves by resolution a shorter period, during that
shorter period.
(2.) The Constitutional Convention shall, in lieu of the powers
held by it before Independence Day, have the powers conferred on it
by clause (3.) of this Article.
(3.) The Constitutional Convention may, during the period
referred to in clause (1.) of this Article, by resolution approved
by a majority of the members of the Constitutional Convention,
alter any of the provisions of this Constitution other than this
Article and clause (4.) of Article 85.
(4.) In this Article, a reference to the members of the
Constitutional Convention is a reference to the number of members
of which it consists on the day on which the question arises.
Agreement of 14 November 1967 relating to Phosphate
Industry
93.(1.) The Agreement made on the fourteenth day of November,
One thousand nine hundred and sixty-seven between the Nauru Local
Government Council of the one part and the Partner Governments of
the other part shall, on and after Independence Day, be construed
as an agreement between the Government of the Republic of Nauru of
the one part and the Partner Governments of the other part and all
rights, liabilities, obligations and interest of the Nauru Local
Government Council in or under that Agreement are, on and after
Independence Day, rights, liabilities, obligations and interest of
the Government of the Republic of Nauru.
(2.) In clause (1.) of this Article, "Partner Governments" means
the Government of the Commonwealth of Australia, the Government of
New Zealand and the Government of the United Kingdom of Great
Britain and Northern Ireland.
Financial provisions to 30 June 1968
94. Notwithstanding the provisions of Part VI.
of this Constitution, no moneys shall be withdrawn from the
Treasury Fund or any other fund referred to in Article 58 before
the first day of July, One thousand nine hundred and sixty-eight,
except-
(a) in accordance with the
appropriations authorized under the Supply Ordinance 1967-68 of
Nauru or the Appropriation Ordinance 1967-68 of Nauru;
(b) for the purpose of allocating,
in respect of each ton of phosphate shipped from Nauru before the
first day of July, One thousand nine hundred and sixty-eight, to
the funds or for the purposes specified in the Sixth Schedule the
amounts so specified;47 or
(c) under a law enacted in
accordance with Part VI of this Constitution.
trong>Transitional provision relating to judges of the
Supreme Court
95. Notwithstanding clause (3.) of Article 49,
until otherwise provided by law, a person is qualified to be
appointed a judge of the Supreme Court if -
(a) he is or has been a judge of a
court having jurisdiction in some part of the Commonwealth of
Australia or in such other place as is approved by Parliament by
resolution for the purposes of this Article or
(b) he is entitled to practise as an
advocate in or solicitor of such a court and has been so entitled
for not less than five years.
Transitional provisions relating to Chief
Justice
96.(1.) The powers and functions of the Chief
Justice may, until the Chief Justice is first appointed, be
exercised or performed by not less than three persons, being
persons who, immediately before Independence Day, were magistrates
of the Central Court within the meaning of the Nauru Act 1965 of
the Commonwealth of Australia.
(2.) Notwithstanding clause (1.) of this Article, the powers and
functions of the Chief Justice under Articles 69 and 70 may, until
the Chief Justice is first appointed, be exercised or performed by
a person who, immediately before Independence Day, was a magistrate
of the Central Court referred to in clause (1.) of this
Article.48
Director of Audit
97.(1.) Notwithstanding Article 66, until the
Director of Audit is first appointed the Cabinet shall cause to be
audited at least once in every year the public accounts of Nauru
and the accounts of such public bodies as Parliament by resolution
determines.49
(2.) The Cabinet shall cause a report on the results of an audit
under clause (1.) of this Article to be laid before Parliament as
soon as practicable after completion of the audit.50
Transitional provisions relating to Superannuation
Board
98.(1.) Until otherwise provided by law, the
Superannuation Board established under the Superannuation Ordinance
1966 of Nauru consists of three persons appointed by the Cabinet,
of whom one shall be chairman, one shall be an actuary or a person
experienced in respect of the investment of moneys and one shall be
a person who is a contributor within the meaning of that Ordinance
elected by contributors in the manner prescribed by or under
law.51
(2.) Notwithstanding clause (1.) of this Article and until
otherwise provided by law, a person who, immediately before this
clause comes into effect, is a member of the Superannuation Board
referred to in clause (1.) of this Article, shall continue to be a
member of the Superannuation Board.52
Transitional provisions relating to the first President
and Cabinet53
99.(1.) Notwithstanding anything in Part III of
this Constitution, the first President shall be elected by
Parliament at its first sitting held after this Article comes into
effect.
(2.) The powers and functions of the President and of the
Cabinet may, until the first President is elected, be exercised or
performed by the Council of State.
(3.) In this Article, "Council of State" means the Council of
State of Nauru in existence immediately before Part III of this
Constitution relating to the President and the Executive comes into
effect.
Transitional provisions relating to Chief
Secretary54
100. Notwithstanding Article 25, the person
who, immediately before this Article comes into effect, holds the
office of Chief Secretary shall hold the office of Chief Secretary
established by this Constitution.
________
THE SCHEDULES
First Schedule
Article 18.
Oath of member of Cabinet55
I, ........... swear by Almighty God that I will faithfully
carry out my duties as a member of the Cabinet and that I will not
improperly reveal any matters of which I have become aware by
reason of my membership of the Cabinet. So help me God.
Second Schedule
Article 28.
DIVISION OF NAURU INTO CONSTITUENCIES AND NUMBER OF MEMBERS TO
BE RETURNED BY EACH CONSTITUENCY
|
Constituency
|
District or Districts of Nauru comprised in constituency
|
Number of members to be returned by constituency
|
|
Aiwo
|
Aiwo
|
2
|
|
Anabar
|
Anabar, Anibare, Ijuw
|
2
|
|
Anetan
|
Anetan, Ewa
|
2
|
|
Boe
|
Boe
|
2
|
|
Buada
|
Buada
|
2
|
|
Meneng
|
Meneng
|
2
|
|
Ubenide
|
Baiti, Denigomodu, Nibok Uaboe
|
4
|
|
Yaren
|
Yaren
|
2
|
Third Schedule
Article 43
Oath of member of Parliament56
Oath
I, ......... swear by Almighty God that I will be faithful and
bear true allegiance to the Republic of Nauru and that I will
justly and faithfully carry out my duties as a member of Parliament
of Nauru. So help me God!
Fourth Schedule
Article 52.
Oath of Judge
I, ............. swear by Almighty God that I will be faithful and
bear true allegiance to the Republic of Nauru in the office of
............. and that I will do right to all manner of people
according to law, without fear or favour, affection or ill-will. So
help me God!
Fifth Schedule57
(i) Part I
(ii) Part II.
(iii) Articles 16, 17.
(iv) Articles 26, 27, clause (7.) of Article 41.
(v) Articles 58, 59, 60, 62, 65.
(vi) Article 71, clause (1.) of Article 72.
(vii) Article 84.
(viii) Clauses (1.), (2.), (3.) and (5.) of Article 85.
(ix) Article 93.
Sixth Schedule
|
Amount
|
Fund or Purpose
|
|
1. 70
|
Long Term Investment Fund established under Article 62.
|
|
0.50
|
Nauruan Landowners Royalty Trust Fund for the benefit of
owners of phosphate bearing lands.
|
|
0.60
|
Nauru Development Fund for promoting the economic development
of Nauru.
|
|
0.60
|
Nauru Development Fund for promoting the economic development
of Nauru.
|
|
0.80
|
Nauru Housing Fund for erecting, repairing or maintaining
houses in Nauru.
|
|
0.20
|
Nauru Rehabilitation Fund for the purpose of restoring or
improving the parts of the Island of Nauru that have been affected
by mining for phosphate.
|
|
0.60
|
For payment to the owners of phosphate bearing lands leased to
the British Phosphate Commissioners.
|
|
0.10
|
Nauru Royalty Fund for any of the purposes for which the Nauru
Local Government Council is authorised by the Nauru Local
Government Council Ordinance 1951-1967 of Nauru to expend
moneys.58
|
-------------------------------------
END NOTES
1 Part III Articles 16-25 substituted 17.5.68 [for provisions
relating to Council of State]
2 Inserted 17.5.68
3 Substituted 17.5.68
4 Inserted 17.5.68
5 Inserted 17.5.68
6 Amended 17.5.68
7 Amended 17.5.68
8 Amended 17.5.68
9 Amended 17.5.68
10 Amended 17.5.68
11 Amended 17.5.68
12 Amended 17.5.68
13 Amended 17.5.68
14 Amended 17.5.68
15 Amended 17.5.68
16 Substituted 17.5.68
17 Amended 17.5.68
18 Amended 17.5.68
19 Amended 17.5.68
20 Amended 17.5.68
21 Amended 17.5.68
22 Substituted 17.5.68
23 Inserted 17.5.68
24 Substituted 17.5.68
25 Amended 17.5.68
26 Amended 17.5.68
27 Amended 17.5.68
28 Amended 17.5.68
29 Amended 17.5.68
30 Amended 17.5.68
31 Amended 17.5.68
32 Amended 17.5.68
33 Amended 17.5.68
34 Inserted 17.5.68
35 Inserted 17.5.68
36 Inserted 17.5.68
37 Inserted 17.5.68
38 Inserted 17.5.68
39 Inserted 17.5.68
40 Amended 17.5.68
41 Substituted 17.5.68
42 Substituted 17.5.68
43 Substituted 17.5.68
44 Inserted 17.5.68
45 Substituted 17.5.68
46 Substituted 17.5.68
47 Amended 17.5.68
48 Amended 17.5.68
49 Amended 17.5.68
50 Amended 17.5.68
51 Amended 17.5.68
52 Inserted 17.5.68
53 Inserted 17.5.68
54 Inserted 17.5.68
55 Inserted 17.5.68
56 Inserted 17.5.68
57 Substituted 17.5.68
58 Inserted 17.5.68