Revised Constitution of Ledgersia

From Roach Busters

CHAPTER — The Executive

PART I — The President and the Vice-President

1. (1) There shall be a President of _____.

(2) The President shall —
(a) be the Head of State, the Head of Government, and Commander-in-Chief of the Defense Forces;
(b) be a symbol of national unity, and have the responsibility to —
(i) promote and enhance the unity of the nation;
(ii) safeguard the sovereignty of the Republic; and
(c) uphold, safeguard, and respect this Constitution and ensure the protection of human rights and fundamental freedoms and the rule of law.

(3) The powers of the President shall be exercised in accordance with this Constitution and the laws.

2. (1) The President shall be elected in accordance with the provisions of this Constitution and subject thereto.

(2) Election of the President shall be —
(a) by direct, universal and equal suffrage; and
(b) conducted in accordance with principles and procedures to be determined by Act of Parliament:

Provided that no person shall be elected as President unless he received more than fifty percent of the votes cast and the necessary number of ballots shall be conducted until result is reached.

(3) An election to the office of President shall take place within ninety days —
(a) before the term of office of the President expires in terms of section six; or
(b) after the office of President becomes vacant by reason of his death or his resignation or removal from office in terms of this Constitution;
as the case may be.

(4) The procedures to be followed for the nomination of candidates for election as President, and for all matters necessary and incidental to ensure the free, fair and effective election of a President, shall be determined by Act of Parliament:

Provided that any registered political party shall be entitled to nominate a candidate, and any person supported by a minimum number of registered voters to be determined by Act of Parliament shall also be entitled to be nominated as a candidate.

(5) A person elected as President shall assume office —
(a) where he has been elected in accordance with paragraph (a) of subsection (3), on the expiry of the term of office of the previous President;
(b) where he has been elected in accordance with paragraph (b) of subsection (3), on the day upon which he is declared to be elected.

3. A person shall be qualified for election to the office of the President if —
(a) he is a citizen of _____ by birth;
(b) he is at least thirty-five years of age;
(c) he is qualified to be registered as a voter for the election of members of the House of Representatives;
(d) he is not subject to any of the disqualifications specified in section four; and
(e) he has resided for five years within the limits of the Republic.

4. (1) A person shall not be qualified for election to the office of President if —
(a) he has voluntarily acquired the citizenship of a country other than _____ or he has made a declaration of allegiance to such other country; or
(b) he has been elected to such office at any two previous elections; or
(c) under the law in any part of _____, he is adjudged to be a lunatic or otherwise declared to be of unsound mind; or
(d) he is under a sentence of death imposed by any competent court of law or tribunal in _____ or a sentence of imprisonment or fine for any offense involving dishonesty or fraud (by whatever name called) or for any other offense, imposed on him by any court or tribunal or substituted by a competent authority for any other sentence imposed on him by such a court or tribunal; or
(e) he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in _____ or any other country; or
(f) being a person employed in the civil or public service of the Republic or of any province, he has not resigned, withdrawn or retired from the employment at least thirty days before the date of the election.

(2) Where in respect of any person who has been —
(a) adjudged to be a lunatic;
(b) declared to be of unsound mind;
(c) sentenced to death or imprisonment; or
(d) adjudged or declared bankrupt,
any appeal against the decision is pending in any court of law in accordance with any law in force in _____, sub-section (1) of this section shall not apply during a period beginning from the date when such appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned, whichever is earlier.

5. The President shall — (a) not hold any other office created or recognized by this Constitution; (b) not actively engage in any commercial enterprise; and (c) if he is a member of Parliament, vacate his seat in Parliament.

6. (1) Whenever the President dies, resigns or ceases to hold office, the Vice-President shall assume office as President with effect from the date of the death, resignation or ceasing to be President.

(2) If the office of President —
(a) becomes vacant in circumstances in which there is no Vice-President; or
(b) is vacant whilst the Vice-President is absent from _____ or is, by reason of physical or mental infirmity unable to perform the functions of his office, the functions of the office of President shall, until such time as a new President assumes office in accordance with this section or section two of this Constitution, be performed by such Minister as the Cabinet shall appoint. For the purposes of this subsection, a certificate of the Chief Justice that the Vice-President is by reason of physical or mental infirmity unable to discharge the functions of his office, shall, in respect of any period for which it is in force, be conclusive and shall not be questioned in any court.

(3) Any person performing the functions of the office of President by virtue of subsection (1) or (2) of this section shall not exercise the power of the President to revoke the appointment of the Vice-President or to dissolve Parliament.

7. (1) Whenever the President is absent from _____ or considers it desirable to do so by reason of illness or any other cause he may, by directions in writing, authorize —
(a) the Vice-President; or
(b) during any period when there is no Vice-President or the Vice-President is absent from _____ or is, by reason of physical or mental infirmity, unable to perform the functions of his office, some other Minister, to discharge such of the functions of the office of President as he may specify, and the Vice-President or other Minister may discharge those functions until his authority is revoked by the President.

(2) If the President is incapable by reason of physical or mental infirmity of discharging the functions of his office and the infirmity is of such a nature that the President is unable to authorize another person under this section to perform those functions —
(a) the Vice-President; or
(b) during any period when there is no Vice-President or the Vice-President is absent from _____ or the Vice-President is, by reason of physical or mental infirmity, unable to perform the functions of his office, such Minister as the Cabinet shall appoint, shall perform the functions of the office of President.

(3) A person performing the functions of the office of President under this section shall not exercise the power of the President to revoke the appointment of the Vice-President or to dissolve Parliament.

(4) A person performing the functions of the office of President by virtue of subsection (2) of this section shall cease to perform those functions if he is notified by the President that the President is about to resume those functions.

(5) For the purposes of this section, a certificate of the Chief Justice that —
(a) the President is incapable by reason of physical or mental infirmity of discharging the functions of his office and the infirmity is of such a nature that the President is unable to authorize another person under this section to perform the functions of his office; or
(b) the Vice-President is by reason of physical or mental infirmity unable to discharge the functions of his office, shall, in respect of any period for which it is in force, be conclusive and shall not be questioned in any court:

Provided that any such certificate as is referred to in paragraph (a) of this subsection shall cease to have effect if the President notifies any person under subsection (4) of this section that he is about to resume the functions of the office of President.

8. (1) There shall be a Vice-President who shall be appointed by the President.

(2)