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PNG - Constitutional Planning Committee Report 1974 |
Constitutional Planning Committee Report 1974
Constitutional Planning Committee
Amendments, Errors and Ommissions [PDF - 172KB]
Establishment of the Committee
Course of Committee's work
Consultative process
Implications of "home-grown" Constitution
Conclusion
Chapter 2 - National Goals and Directive Principles
The significance of Self Government and Independence
What kind of society do we want?
The relevance of the Eight Improvement Aims
NATIONAL GOALS
GOALS AND DIRECTIVE PRINCIPLES1. INTEGRAL HUMAN DEVELOPMENT – LIBERATION AND FULFILMENT
Education
International solidarity
2. EQUALITY AND PARTICIPATION
Political and administrative decentralisation
Equality of opportunity and equitable sharing of benefits
Equal status and opportunity for women
Broad representation in official bodies
National languages
3 NATIONAL SOVEREIGNTY AND SELF-RELIANCE
Impact of Multinational Corporations on development
4 NATURAL RESOURCES AND THE ENVIRONMENT
5 PAPUA NEW GUINEAN WAYSIMPLEMENTATION OF THE GOALS AND PRINCIPLES
Investment CodeNATIONAL GOALS AND DIRECTIVE PRINCIPLES – Recommendations
NATIONAL GOALS AND DIRECTIVE PRINCIPLES
IMPLEMENTATION OF THE GOALS AND PRINCIPLES
The goals and principles as a guide in judicial interpretation
Investment Code
Chapter 3 - The Leadership Code
Quality of Leadership
The Leadership Code - underlying considerations
Superannuation Scheme for certain leaders
Supervision and enforcement of the Code
"THE LEADERSHIP CODE"
Annual Declaration
Bribery and misapplication of funds
Interests in government contracts
Shares in foreign companies or partnerships with foreign citizens
Leaders not to accept loans, etc. from foreign controlled companies or firms
Outside benefits not to be accepted
Official Information
Certain assets to be disposed of
Disclosure of interest before debate or discussion
Effect of breach of the Code
Reimbursement of accountancy fees relating to declarations
ADDITIONAL LIMITATIONS UPON MINISTERS
Ministers not to hold directorships
Behaviour of Ministers
ADDITIONAL LIMITATIONS UPON CONSTITUTIONAL OFFICE-HOLDERS AND SPECIFIED OFFICE-HOLDERS
Restrictions on remuneration, gain or profit
Limitation on acceptance of directorship or consultancy of a foreign company
Special provision in respect of non-citizens
Code not to affect provisions of Criminal Code and other laws
ENFORCEMENT OF THE CODE
Powers of the Ombudsman Commission in relation to enforcement of the Code
Tribunals to hear charges of breach of the Code
The right of citizens to make complaints of breaches of the CodeTHE LEADERSHIP CODE – Recommendations
Superannuation Scheme for Leaders
Definition of "Leader"
Leadership Code
"THE LEADERSHIP CODE" (sub paras.)
ADDITIONAL LIMITATIONS UPON MINISTERS"
ADDITIONAL LIMITATIONS UPON SPECIFIED OFFICE-HOLDERS AND CONSTITUTIONAL OFFICE-HOLDERS (sub paras.)
ENFORCEMENT OF THE CODE
Ombudsman Commission to make rules, publish guidelines and specify office-holders as leaders etc.
Power of the Ombudsman Commission to give directions to leaders
Tribunals to hear charges of breach of the Leadership Code
The right of all citizens to make complaints of breaches of the Code
DEFINITIONS
Some underlying considerations
Single citizenship
Acquisition of citizenship
Automatic citizenship
Citizenship by registration
Naturalization
People born in Papua New Guinea who have no real foreign citizenship but do not become citizens automatically or by registration
Foreign citizens
Foreign citizens with two indigenous grandparents
Irianese
Foreign spouses of citizens
Foreign residents of more than twenty years standing
Conditions for naturalization
Applications must be processed
Administration of citizenship provisions
Advisory Committee on Citizenship Matters
Loss of Papua New Guinean citizenship
Regaining Papua New Guinean citizenship
TRANSITIONAL PROVISIONS
Political office-holders
ConclusionCITIZENSHIP – Recommendations
SINGLE CITIZENSHIP : PRINCIPLE
AUTOMATIC CITIZENSHIP
Persons born in Papua New Guinea before Citizenship Day
Persons born in Papua New Guinea after Citizenship Day
CITIZENSHIP BY REGISTRATION
Persons born outside Papua New Guinea before C-Day
Persons born outside Papua New Guinea after C-Day
Registration of certain children of citizens, born before C-Day
CITIZENSHIP BY NATURALIZATION
Persons born in Papua New Guinea before C-Day who are Not Papua New Guinean citizens automatically, but have "no real citizenship"
Required periods of residence
Conditions for naturalization
Naturalization of children of foreign citizens
Advice as to result of applications for naturalization
Administration of Citizenship Law - Advisory Committee on Citizenship Matters
Composition of Committee
Appointment and removal of members of Advisory Committee
Loss of Papua New Guinean citizenship
TRANSITIONAL PROVISIONS
Membership of Advisory Committee on Citizenship Matters
Protection in employment for certain foreign citizens
Political office-holders
Persons who at C-Day hold political office
Chapter 5A - Human Rights and Obligations and Emergency Powers
PART I - HUMAN RIGHTS AND OBLIGATIONS
A DECLARATION OF FUNDAMENTAL RIGHTS AND FREEDOMS
"Human rights" - the historical background
International recognition of human rights
Effect of the Universal Declaration of Human Rights
Enforceable Human Rights provisions in the constitutions of nations
Human Rights in Papua New Guinea
The Human Rights Ordinance 1971
Incorporation of human rights and freedoms in the Constitution
The rights and freedoms for inclusion in the Constitution
Exceptions: "Reasonably justifiable in a democratic society"
The form in which the rights and freedoms are expressedTHE CONSTITUTIONAL DECLARATION OF FUNDAMENTAL RIGHTS AND FREEDOMS
1 THE RIGHT TO LIFE
2 PROTECTION OF PERSONAL LIBERTY
3 PROTECTION FROM FORCED LABOUR
4 PROTECTION FROM INHUMAN TREATMENT
5 PROTECTION FROM ARBITRARY SEARCH OR ENTRY
6 PROTECTION OF LAW
7 FREEDOM OF CONSCIENCE, THOUGHT AND RELIGION
8 FREEDOM OF EXPRESSION
9 FREEDOM OF ASSEMBLY AND ASSOCIATION
10 FREEDOM OF EMPLOYMENT
11 FREEDOM OF MOVEMENT
12 THE RIGHT TO PRIVACY
13 THE RIGHT TO STAND FOR ELECTION TO PUBLIC OFFICE AND TO VOTE
14 FREEDOM OF INFORMATION
15 PROTECTION FROM DEPRIVATION OF PROPERTY
Chapter 5B - Human Rights and Obligations and Emergency Powers
B DECLARATION OF FUNDAMENTAL OBLIGATIONS
1 Constitutional Obligations
2 Political Obligations
3 Social Obligations
4 Economic ObligationsC GENERAL
Enforcement of rights and freedoms
Suspension of or derogation from human rights in the interests of defence, public safety, public order, public health or public welfare
Action under valid law invalid if excessive or oppressive
Permanent Committee to review laws and policies for compliance with the Human Rights and Obligations and National Goals And Directive Principles set out in the Constitution
Transitional Provisions
Immediate implementation of Human Rights ProvisionsPART I - HUMAN RIGHT AND OBLIGATIONS – Recommendations
A DECLARATION OF FUNDAMENTAL RIGHTS AND FREEDOMS
Protection of right to life
Protection of personal liberty
Protection from forced labour
Protection from inhuman treatment
Protection against arbitrary search or entry
Provision to secure protection of law
Protection of Freedom of conscience, thought and religion
Protection of freedom of expression
Protection of freedom of assembly and association
Protection of freedom of employment
Protection of freedom of movement
Protection of right to privacy
The right to stand for election to public office and to vote
Protection of freedom of information
Protection from deprivation of propertyB DECLARATION OF FUNDAMENTAL OBLIGATIONS
C GENERAL
Enforcement of rights and freedoms
Suspension of or derogation from Human Rights in interests of defence etc.
Action under valid law invalid, excessive or oppressive
Parliamentary supervision of compliance with Human Rights and Obligations and with the National Goals and Directive Principles
Effect of Fundamental Obligations
Implementation of human rights provisionsTRANSITIONAL PROVISION
Amendments to legislation and changes to policy concerning Human rights and Obligations, National Goals and Directive Principles
PART 2 - EMERGENCY POWERS
Emergency Situations
Underlying Principles
Parliamentary Supervision of Declarations of Emergency
Additional Powers during State of Emergency
Right to a fair trial
Safeguards against abuse of possible power of preventive detention
Powers of the review tribunals
Report to Parliament and gazettal of names and addresses of persons detailed
Invalidity of certain acts done under Emergency PowersPART 2 - EMERGENCY POWERS – Recommendations
Proclamation of "State of Emergency"
Extension of Proclamation
Control of manpower
Control of products and services
Suspension of human rights provisions concerning personal liberty and protection of law
Preventive Detention during State of Emergency
Preventive Detention during time of war
Safeguards against abuse of possible powers of preventive detention
Powers of Review Tribunal
Recommendations of Review Tribunal binding
Report to Parliament and gazettal of names and addresses of persons detained
Emergency legislation to be in force only during a State of Emergency
Invalidity of certain acts done under Emergency Powers
A COMPOSITION OF PARLIAMENT
The National Parliament
Qualifications for membership
Disqualifications for membership
The Speaker
Parliamentary Service
Parliamentary Salaries Tribunal
Parliament buildingB POWERS AND PROCEDURES OF PARLIAMENT
Power to make laws
Powers of disallowance
AMENDMENT OF THE CONSTITUTIONOTHER POWERS AND PROCEDURES OF PARLIAMENT
Introduction of bills, motions, petitions
Privileges and immunities
Quorum
Voting
Bill becomes law
Tabling of documents
Minutes of proceedings
Permanent Parliamentary CommitteesC SUMMONING AND DISSOLUTION OF PARLIAMENT
Summoning the National Parliament
Meetings
Dissolution of ParliamentD ELECTIONS FOR PARLIAMENT
General elections
Electoral Commission
Boundaries Commissioners
Qualifications for electors
System of voting
General electoral provisions
Candidates' deposits
Restrictions on financing parties ane candidates
Political parties
Election expenses of candidates
TRANSITIONAL PROVISIONS
THE LEGISLATURE – Recommendations
A COMPOSITION OF PARLIAMENT
National Parliament
Composition
Qualifications for membership
Disqualifications for membership
Tenure of office of members
Speaker
Deputy Speaker
Vacancy in office of Speaker
Absence or incapacity of Speaker
Questions as to membership
Filling of vacancies
Parliamentary Service
Parliamentary Salaries Tribunal
New Parliament Building
B POWERS AND PROCEDURES OF PARLIAMENT
Power to make laws
Powers of disallowance
AMENDMENT OF THE CONSTITUTION
Introduction of bills, motions, petitions
Privileges and immunities
Quorum
Presiding in National Parliament
Bill becomes law
Tabling of documents
Minutes of proceedings
Disputes
Other procedures
Permanent Parliamentary CommitteesC SUMMONING AND DISSOLUTION OF PARLIAMENT
Summoning National Parliament
Dissolution of National ParliamentD ELECTIONS FOR PARLIAMENT
General elections
Electoral Commission
Boundaries Commissioners
Qualifications for electors
System of voting
General electoral provisions
Candidates' deposits
Political Parties - Restrictions on finance
Limitation on electoral expenses
TRANSITIONAL PROVISIONS
Power belongs to the people
Executive Power
Arguments for and against a separate Head of State
The National Executive Council
Size of the Ministry
Ministers chosen from parliament
Appointment of Prime Minister
Appointment of other Ministers
Delays in forming a Ministry
Removal of Ministers
Continuity of government
Acting Prime Minister
Changing the government
Government departments
Ministerial Secretariats
TRANSITIONAL PROVISIONS
THE EXECUTIVE – Recommendations
A NATIONAL EXECUTIVE COUNCIL
Composition
Executive power of Papua New Guinea
Summoning of National Executive Council (NEC)
Presiding
Quorum
Decisions
Secretary to the NEC
NEC procedures non-justiciable
B PRIME MINISTER AND OTHER MINISTERS
Election of Prime Minister
Appointment of other Ministers
Assignment of responsibilities to Ministers
Tenure of office of Prime Minister
No confidence motion
Vacancy in Office of Prime Minister
Absence or incapacity of Prime Minister
Tenure of Office of other Ministers
C GOVERNMENT DEPARTMENTS AND MINISTERIAL SECRETARIATS
Heads of departments
Reorganization of government departments
Ministerial Secretariats
TRANSITIONAL PROVISIONS
Chapter 8 - The Administration of Justice
Administration of Justice
A THE JUDICIARY
Structure of the Judiciary
The Supreme Court
The National Court of Justice
Powers of the Supreme Court and National Court
Qualifications of judges
Assistant judges
Chief Justice
THE JUDICIAL AND LEGAL SERVICE COMMISSION
Composition, powers, functions
Appointment of members of the Commission
Tenure of members of the Commission
The Magisterial Service
The Chief Magistrate
Reports
Restrictions on appointment of judges
TENURE OF JUDGES
Employment Security
Retirement of judges
Protection of judges' salaries and other conditions of employment
Acting judges
Oath or affirmation of office
SUSPENSION AND REMOVAL OF JUDGE
Removal of judges from office
GENERAL
Rules of court
Supervision of the work of the Visiting Justices
The need for reform of the legal system
TRANSITIONAL PROVISIONS
B THE PUBLIC PROSECUTOR
Qualifications
Appointment
Powers
Suspension and removal
C THE PUBLIC SOLICITOR
Qualifications
Disqualifications, tenure of office, protection of salary and conditions of service
Appointment
The grant of legal aid
Powers and functions
Rights of application to National Court where legal aid is refused
Suspension and removal from office
D POWER OF MERCY
E RESOLUTION OF CONSTITUTIONAL QUESTIONS
Advisory opinions
THE ADMINISTRATION OF JUSTICE – Recommendations
Justice in the name of the people
A THE JUDICIARY
Independence of the Judiciary
Composition
The Supreme Court
Jurisdiction of the Supreme Court
National Court of Justice
Jurisdiction of the National Court
Powers of the Supreme Court and the National Court
Qualification of Judges
Assistant Judges
Appointment of Chief Justice
Vacancy in office of Chief Justice
Responsibilities of Chief Justice
JUDICIAL AND LEGAL SERVICE COMMISSION
Composition
Tenure of office of members of the Commission
Appointment of members of the Commission
Powers of the Commission
The Magisterial Service
The Chief Magistrate
Responsibilities of Chief Magistrate
Term and Protection from Suspension and Removal
Reports
Restrictions on appointment of non-citizen judges
TENURE OF JUDGES
Protection of Judges not re-appointed
Retirement of Judges
Extension of term
Judgement after retirement age
Acting Judges
Oath or Affirmation of office
REMOVAL AND SUSPENSION OF JUDGES
Grounds for removal of Judges
Removal of Judges other than the Chief Justice
Removal of the Chief Justice
Suspension of Judges
Restriction on abolition of office of Judge
GENERAL
Rules of Court
Supervision of Visiting Justices
Reform of the Legal System
TRANSITIONAL PROVISIONS
B THE PUBLIC PROSECUTOR
Establishment
Independence
Qualifications
Appointment
Powers
Appeals in Criminal Matters
Other powers
Exercise of Powers
Suspension and Removal
C. THE PUBLIC SOLICITOR
Establishment
Independence
Qualifications
Appointment
Powers and Functions
Appeal against Refusal of Legal Aid
Suspension and Removal
Staff of Public Solicitor
D THE POWER OF MERCY
Power of the National Executive Council
Advisory Committee on Power of Mercy
Tenure of Members of Advisory Committee
Removal
Functions of Advisory Committee
Reports
E RESOLUTION OF CONSTITUTIONAL QUESTIONS
Original Jurisdiction of Supreme Court
Advisory Jurisdiction
Admissibility of Report of Constitutional Planning Committee
Ultimate parliamentary authority
Revenue raising
Consolidated fund
Executive initiative
Budget and Accounts
Revenue and expenditure without prior approval
Contingency Fund
Auditor-General
Parliamentary scrutiny of public accounts
FINANCIAL CONTROL – Recommendations
A. FINANCE AND PARLIAMENT
Ultimate Parliamentary Control
Taxation and loans
Consolidated Fund
Executive initiative
Budget and accounts
Revenue and expenditure without prior approval
Contingency Fund
B AUDITOR – GENERAL
Qualifications and appointment
Independence
Functions
Jurisdiction
Staff and facilities
Reports
C PARLIAMENTARY SCRUTINY OF PUBLIC ACCOUNTS
Chapter 10A - Provincial Government
Some underlying considerations
The importance of district-level government
A flexible system of provincial government established in the Constitution
Establishment in stages
The Provincial Assembly
Co-opted members
Provincial elections
The provincial executive
Salaries, allowances and other benefits attached to elective offices
The distribution of powers and functions
Finance
Expenditure, investment and administration of provincial government funds
National government grants
Establishment of National Fiscal Commission
Provincial Administration
Co-ordination : agency functions and the Provincial Secretary
Implications of administrative re-organization for national government departments
Consultation between governments
Constitution of provinces
Resolution of inter-governmental disputes
Suspension of Provincial Government
Establishment of Provincial Government
Protection of local government bodies
Interim Provincial Governments
Stage Two Provincial Government (single structure)
Stage Two Provincial Government (dual structure)
Review of Provincial Government provisions
Follow-up to CPC
Conclusion
Chapter 10B - Provincial Government: Recommendations
Basic principles
PROVINCIAL ASSEMBLY
Name
Composition
Qualifications for membership of the Provincial Assembly
Election
Timing of Election
Dissolution
Qualifications for electors
Regulation of Assembly procedures
Co-opted members
Powers, privileges and immunities
PROVINCIAL EXECUTIVE
Head of Executive
Executive Body
Premier's membership of Assembly and Council
Election and removal of Premier
Composition of Council
Kind of Executive
Salaries, allowances and other benefits
POWERS AND FUNCTIONS
Responsibility at local level
Law and Policy making
Powers and functions
Devolution and delegation
FINANCE
Sources of Finance for provincial governments
Distribution of revenue sources
Additional sources of revenue for provincial governments
Use of revenue-raising powers by the national government
Accounting, budgeting and recurrent expenditure
Allocation of national government funds
Conditions to grants
Criteria for grants
Grants for any purpose
Responsibility for projects
Loans
Unspent money
Non-renewable resource trust funds
National Fiscal Commission
Composition of Commission
Qualifications for membership of Commission
Reports of the National Fiscal Commission
PROVINCIAL ADMINISTRATION
Provincial government staff
Public officers
Administrative devolution
Transfers of public officers
Provincial Secretary
Eligibility and manner of employment for Provincial Secretary
Appointment, removal and transfer of Provincial Secretary
Salary and conditions of Provincial Secretary
Assistance for Provincial Secretary
Co-ordination by Provincial Secretary
Agency functions
Performance of agency functions
Revocation of agency functions
RELATIONS BETWEEN GOVERNMENTS
Provincial Premiers and the National Executive Council
Constitution of provinces
Premiers' Council
Summoning of Premiers' Council
Regulation of Council procedures
Reports by the Premiers' Council
Resolution of conflict
Disputes between governments
Suspension of provincial governments
Minister responsible for provincial government affairs
IMPLEMENTATION AND INTERIM PROVISIONS AND FOLLOW-UP
Establish provincial governments without delay
Establishment in stages
Establishment before Constitution in force
Three stages
Initiative in establishment of provincial governments
Request for provincial government to National Executive Council
Implementing resolution to establish provincial government
Reports to Parliament on implementation
Election and removal of Provincial Council
Protection for local government bodies
Stage One and Stage Two Accounts
Interim Provincial Government
Interim Provincial Assembly
Direct elections for Interim Provincial Assembly
Chairman of Interim Provincial Government
Interim Provincial Council
Allowances for members of Interim Provincial Assembly
Powers and functions at Stage One
Revenue-raising at Stage One
Chapter 11 - The Ombudsman Commission
General considerations
The role of the Ombudsman
An "Ombudsman" for Papua New Guinea – the Ombudsman Commission, its powers and functions
Independence of the Ombudsman Commission
Qualifications of Chief Ombudsman
Qualifications of the other Ombudsmen
Vacancy in Office of Chief Ombudsman
Salaries
Staff and facilities
Organisation of the Commission
Jurisdiction - three main areas of responsibility
General jurisdiction
Supervision of Leadership Code and discriminatory practices legislation
Limitations on jurisdiction
Procedures and Powers
Rights and duties of witnesses
Investigation of complaints
Recommendations
Publication of recommendations
Reports
Disciplinary action against officials and leaders
Action against persons committing acts of discrimination
Immunities of the Commission
Commission may make rules and publish guidelines etc.
Relation to other laws
Spokesman for the Commission
Decentralisation
THE OMBUDSMAN COMMISSION – Recommendations
Establishment
Composition
Independence
Ombudsman Commission Appointments Committee
Qualifications of Chief Ombudsman
Qualifications of the Ombudsmen
Vacancy in office of Chief Ombudsman
Salaries
Non abolition of offices
Staff and facilities
Organization of Office
Jurisdiction
Procedures and Powers
Quorum
Rights and duties of witnesses
Investigation of complaints
Recommendations
Publication of recommendations
Reports
Disciplinary action against officials and leaders
Action against persons involved in discriminatory practices
Immunities of the Commission
Commission may make rules and publish guidelines etc.
Relation to other laws
Chapter 12 - The Public Services
Need for a Public Service
Basic principles
Division of Public Service functions
Public Services Commission
Composition and appointment
Direction on general policy only
Senior appointments in public services
Tenure of Senior Appointees
Jurisdiction of the Commission
Department responsible for management matters
Jurisdiction of the department
Allowance for variations
Delegation
Exceptions
Incentives for service in remote areas
Right of Ministers to lay charges
Restrictions on political activity
Division between Commission and Department – Summary
THE PUBLIC SERVICES – Recommendations
A THE PUBLIC SERVICES COMMISSION
Composition
Appointments
Chairman
Powers
Delegation of Powers
Direction on general policy only
Annual report
B SENIOR APPOINTMENTS IN THE PUBLIC SERVICES
Notification of vacancies
Heads of Departments
Other Senior Officers and Office-holders
Tenure
C DEPARTMENT RESPONSIBLE FOR MANAGEMENT MATTERS
Ministerial control
Functions
Annual report
D GENERAL
Public servants and teachers for remote areas
Rights of Ministers to lay charges
Restrictions on political activity
Conduct of government negotiations
Chapter 13 - The Disciplined Forces
Need for Disciplined Forces
Civilian control
A THE POLICE FORCE
Commissioner and other senior officers
Conditions of service and establishments
Functions of the Police Force
B THE DEFENCE FORCE
Some underlying considerations
Other armies outlawed
Control of Defence Force
Higher Command Organization and Defence Department
Functions of the Defence Force
Assistance to the Civil Authorities
Active service outside Papua New Guinea
Liaison with the National Parliament
C "INTERNAL SECURITY"
D COMMISSION OF INQUIRY
THE DISCIPLINED FORCES – Recommendations
A THE POLICE FORCE
PNG Police Force
Control by National Executive Council and Minister
Commissioner of Police
Senior appointments
Functions of Police Force
B THE DEFENCE FORCE
Other armies outlawed
PNG Defence Force
Control by NEC and Minister
Commander of Defence Force
Senior military appointments
Secretary for Defence
Department of Defence
Functions of Defence Force
Active Service outside PNG
PNG defined for defence purposes
Call-out
Declaration of war
Liaison with National Parliament
Conditions of Service
C "INTERNAL SECURITY"
D "COMMISSION OF INQUIRY"
One person one office
Use of masculine gender
A CONSTITUTIONAL OFFICE-HOLDERS
Tenure
Oath or affirmation
Resignation
Retirement
Uncompleted work
Salary and other conditions
Disqualifications
Suspension and removal from office
Acting appointments
Consultation
Reports to parliament
Conclusion to Part A
TRANSITIONAL PROVISIONS
B NATIONAL INTERPRETATION SERVICE
GENERAL – Recommendations
One person one office
Use of masculine gender
A CONSTITUTIONAL OFFICE-HOLDERS
Definition of "Constitutional Office-holder"
Tenure
Oath or affirmation
Resignation
Retirement
Uncompleted work
Salary and other conditions
Disqualifications
Removal
Investigating tribunal
Suspension
Acting appointments
Consultation
Reports to parliament
TRANSITIONAL PROVISIONS
Citizen control
B NATIONAL INTERPRETATION SERVICE
Constitution to be "home-grown"
Adoption of laws
Preamble to the Constitution
Name of the country, flag, emblem and motto
Sovereignty over Natural Resources
TRANSITIONAL
New and existing offices and institutions
Select Committee
MISCELLANEOUS – Recommendations
Constitution to be "home-grown"
Adoption of laws
Preamble to the Constitution
TRANSITIONAL
New and existing offices and institutions
Select Committee as consultative body
--------------------------------------------------
Part 2 [PDF - 2MB]
NOTE: PART II of this Report incorporates the following:-
FIRST SCHEDULE - Foreign Investment Code
SECOND SCHEDULE - Division of Powers and Functions as between National
and Provincial Governments.
THIRD SCHEDULE - PART A : Recommendations not for
inclusion in the Constitution.
PART B : Recommendations for inclusion in the
Constitution, and their respective degrees
of entrenchment.
FOURTH SCHEDULE - Oaths of Office
APPENDIX A - PART I : Record of Itinerary of Committee's Internal Meetings.
PART II : Tour Itinerary of the Committee.
APPENDIX B - PART I : Written Submissions received by the Committee from Discussion Groups.
PART II : Written Submissions from individuals, groups, organizations and institutions.
PART III : Persons who gave advisory assistance.
APPENDIX C - Discussion Papers
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