REPUBLIC OF VANUATU

THE
CONSTITUTION (FOURTH AMENDMENT) ACT

NO. 1 OF 2004

Arrangement of Sections

1. Amendments
2. Application
3. Commencement

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REPUBLIC OF VANUATU

Assent: 12/11/2004

Commencement: 17/11/2004

THE
CONSTITUTION (FOURTH AMENDMENT) ACT

NO. 1 OF 2004

An Act to amend the Constitution of the Republic of Vanuatu.

Be it enacted by the President and Parliament as follows –

1. Amendments

The Constitution of the Republic of Vanuatu is amended as set out in the Schedule.

2. Application

The amendments made by item 4 of the Schedule apply in relation to the general election held on the 6th of July 2004 and any subsequent general election.

3. Commencement

This Act commences on the day on which it is published in 	the Gazette.

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schedule

amendments of the CONSTITUTION OF THE REPUBLIC OF VANUATU

1. After Article 17

Insert

“VACATION OF SEAT WHERE MEMBER RESIGNS OR CEASES TO SUPPORT POLITICAL PARTY

17A. (1) This article applies to a member of Parliament if the member, having been a candidate of a political party and elected to Parliament resigns from, or ceases to support, the political party.

(2) If the leader of the political party notifies the Speaker in writing that the member has resigned from, or ceased to support, the political party, the Speaker shall, at the next sitting of Parliament after the Speaker is so informed, make a declaration that the member has resigned from, or ceased to support, the political party.

(3) If, within a period of 7 days of the declaration by the Speaker, the member does not institute legal proceedings in the Supreme Court to challenge the allegation that he or she has resigned from, or ceased to support, the political party, the member must vacate his or her seat at the end of that period.

(4) If, within 7 days of the declaration by the Speaker, the member institutes legal proceedings in the Supreme Court to challenge the allegation that he or she has resigned from, or ceased to support, the political party, the member shall not vacate his or her seat unless and until:

(a) the proceedings are finally determined by a decision upholding the allegation that the member has resigned from, or ceased to support, the political party, being a decision in respect of which the time allowed for an appeal has expired without an appeal being filed; or

(b) the proceedings are withdrawn.

(5) This Article shall not apply during the period when Parliament may pass a motion of no confidence in the Prime Minister.

(6) This Article shall apply notwithstanding the provisions of Article 5(1) of this Constitution.

(7) If:

(a) a member of Parliament having been a candidate of a political party for the general election held on 6 July 2004, ceases to support, or resigns from, the political party before the commencement of this article; and

(b) on the commencement of this article, the member has not resumed support for, or rejoined, the political party;

then, the member must, within 12 months after the commencement of this article, notify the Speaker of Parliament in writing whether he or she is a member of, or supports, another political party, or is an independent member of the Parliament supporting the Government or the Opposition or neither.

(8) If the member does not give the required notice under subarticle (7), then, for the purposes of the application of this article to the member, he or she is deemed immediately after the commencement of this article to have ceased to support, or resigned from, the political party for which he or she stood as a candidate for the general election held on 6 July 2004.

VACATION OF SEAT OF INDEPENDENT MEMBER

17B. (1) This Article applies to a member of Parliament if the member having been an independent candidate and elected to Parliament, affiliates with the Government or the Opposition, and then ceases to support the Government or the Opposition (whichever applies).

(2) If the Prime Minister or the Leader of the Opposition, notifies the Speaker in writing that the member is an independent candidate who was elected to Parliament and affiliated with the Government or the Opposition, but has ceased to support the Government or the Opposition, the Speaker shall, at the next sitting of Parliament after the Speaker is so informed, make a declaration under paragraph (3) (a) or (b).

(3) The declaration by the Speaker is that the member-

(a) is an independent candidate who was elected to Parliament and affiliated with the Government, but has ceased to support the Government; or

(b) is an independent candidate who was elected to Parliament and affiliated with the Opposition , but has ceased to support the Opposition.

(4) If, within a period of 7 days of the declaration by the Speaker, the member does not institute legal proceedings in the Supreme Court to challenge the allegation that he or she is an independent candidate who was elected to Parliament and affiliated with the Government or the Opposition, but has ceased to support the Government or the Opposition, the member's seat shall be taken to be vacated at the end of that period.

(5) If, within 7 days of the declaration by the Speaker, the member institutes legal proceedings in the Supreme Court to challenge the allegation referred to in subarticle (4), the member's seat shall not be taken to have been vacated unless and until:

(a) the proceedings are finally determined by a decision upholding the allegation, being a decision in respect of which the time allowed for an appeal has expired without an appeal being filed; or

(b) the proceedings are withdrawn.

(6) This Article shall not apply during the period when Parliament may pass a motion of no confidence in the Prime Minister. 

(7) This Article shall apply notwithstanding the provisions of Article 5(1) of this Constitution.".

2. Article 40(2)

Delete "quarter", substitute "third".

3. Article 43(2)

Before "Parliament" (first occurring), substitute "Subject to subarticle (3),".

4. At the end of Article 43

Add

"(3) Parliament shall not pass a motion of no confidence in the Prime Minister:

(a). within 12 months of a general election following a dissolution under subarticle 28(2) or (3); or

(b) within 12 months of any other general election; or

(c) within 12 months of the formation of any Government; or

(d) within 12 months before the end of the life of a Parliament.".

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