REPUBLIC OF VANUATU

THE CONSTITUTION SECOND AMENDMENT
ACT NO. 15 1981

Explanatory Note

At present there is only one judge of the Supreme Court and that is the Chief Justice. The appointment of other judges of the Supreme Court resident and non-resident require the advice of the Judicial Service Commission.

As presently constituted under Article 46 (1), the Judicial Service Commission consists of the Minister responsible for Justice, as chairman, the Chief Justice, the President of the Public Service Commission, a judge appointed for three years by the President of the Republic, and a representative of the National Council of Chiefs appointed by the Council.

As a judge is appointed by the President on the advice of the Judicial Service Commission, the inclusion of a Judge on the Commission is an impossibility. To rectify the position and permit the Commission to operate it is necessary to delete the inclusion of the Judge from membership of the Commission.

APRIL 1981
                                                                               W.H. LINI
PRIME MINISTER AND
 MINISTER OF JUSTICE
____________________

REPUBLIC OF VANUATU

THE CONSTITUTION SECOND AMENDMENT ACT NO. 15-OF 1981

To amend Article 46 (1) of the Constitution.

Be it enacted by the President and Parliament as follows

Amendment of Article 46(1).

1. The Constitution is amended by the deletion of the words " a judge appointed for three years by the President of the Republic" in Article 46(1).

Commencement.

2. This Act shall come into force on the date of its publication in the Gazette.
________________________