Cutie you're crazy

From Roach Busters

Contents 1 CHAPTER I: The Republic 1.1 Declaration of Republic 1.2 Public Seal 1.3 Supremacy of Constitution 2 CHAPTER II: Citizenship 2.1 Acquisition and Loss of Citizenship 3 CHAPTER III: Declaration of Fundamental Rights 3.1 Protection of Fundamental Rights and Freedoms 3.2 Protection of Life 3.3 Protection of Liberty 3.4 Respect for Human Dignity 3.5 Slavery and Forced Labor 3.6 Equality and Freedom from Discrimination 3.7 Arrest and Detention 3.8 Fair Trial 3.9 Privacy 3.10 Family 3.11 Children's Rights 3.12 Property 3.13 Political Activity 3.14 Administrative Justice 3.15 Culture 3.16 Education 3.17 Fundamental Freedoms 3.18 Limitation upon Fundamental Rights and Freedoms 3.19 Human Rights and Freedoms Additional to Other Rights 3.20 Derogation 3.21 Enforcement of Fundamental Rights and Freedoms 3.22 State of Emergency, State of National Defense and Martial Law 4 CHAPTER IV: The Executive 4.1 PART I: The President and the Vice-President 4.1.1 Office of President 4.1.2 First President 4.1.3 Election of President After Dissolution of Parliament 4.1.4 Qualification for Election as President 4.1.5 Tenure of Office of President 4.1.6 Resignation of President 4.1.7 Removal of President from Office 4.1.8 Vacancy in Office of President 4.1.9 Discharge of Functions of President During Absence, Illness, etc. 4.1.10 Oath of President 4.1.11 Returning Officer at Elections of President 4.1.12 Vice-President 4.1.13 Salary and Allowances of President 4.1.14 Protection of President in Respect of Legal Proceedings 4.2 PART II: The Cabinet 4.2.1 Ministers and Vice Ministers 4.2.2 Tenure of Office of Ministers and Deputy Ministers 4.2.3 Cabinet 4.2.4 Oaths to be Taken by Ministers and Deputy Ministers 4.2.5 Secretary to the Cabinet 4.3 PART III: Executive Functions 4.3.1 Functions of President 4.3.2 Command of Armed Forces 4.3.3 Foreign Affairs 4.3.4 Prerogative of Mercy 4.3.5 Advisory Committee on Prerogative of Mercy 4.3.6 Honors and Awards 4.3.7 Declaration of a State of War 4.3.8 Constitution of Offices 4.3.9 Functions of Vice-President 4.3.10 Functions of Cabinet Ministers and Deputy Ministers 4.3.11 Attorney-General 4.3.12 Permanent Secretaries 5 CHAPTER V: Parliament 5.1 PART I: Composition 5.1.1 Parliament 5.1.2 Composition of National Assembly 5.1.3 Speaker 5.1.4 Deputy Speaker 5.1.5 Qualifications for Election to National Assembly 5.1.6 Disqualifications for Membership of National Assembly 5.1.7 Election of Members of the National Assembly 5.1.8 Appointment of Independent Electoral Commission 5.1.9 Appointment of Secretary to Independent Electoral Commission 5.1.10 Tenure of Office of Members 5.1.11 Determination of Questions as to Membership of National Assembly 5.1.12 Clerk of the Assembly 5.2 PART II: General Provisions Relating to Procedure in National Assembly 5.2.1 Oaths to be taken by Speaker and Members 5.2.2 Presiding in Assembly 5.2.3 Quorum in Assembly 5.2.4 Voting in Assembly 5.2.5 Unqualified Persons sitting or voting 5.2.6 Regulation of Procedure in Assembly 5.3 PART III: Powers of Parliament 5.3.1 Legislative Powers 5.3.2 Mode of exercising legislative powers 5.3.3 Introduction of Bills 5.4 PART IV: Summoning, Prorogation and Dissolution 5.4.1 Sessions of Parliament 5.4.2 Prorogation and dissolution of Parliament 5.4.3 Vote of no confidence in the Government 5.4.4 Sittings of National Assembly 6 CHAPTER VI: The Judicature 6.1 PART I: The High Court 6.1.1 Jurisdiction and composition 6.1.2 Appointment of Judges of High Court 6.1.3 Tenure of office of judges of High Court 6.1.4 Oaths to be Taken by Judges of High Court 6.2 PART II: Court of Appeal 6.2.1 Composition and Jurisdiction 6.2.2 Appointment of Judges of Court of Appeal 6.2.3 Tenure of Office of Judges of Court of Appeal 6.2.4 Oaths to be Taken by Judges of Court of Appeal 6.3 PART III: Judicial Service Commission 6.3.1 Composition and Procedure 6.3.2 Appointment, etc., of Judicial Officers 6.4 PART IV: Interpretation of the Constitution 6.4.1 Reference to High Court of Cases Involving Interpretation of Constitution 6.4.2 Appeal to Court of Appeal 7 CHAPTER VII: The Public Service 7.1 Power to Specify Qualifications for Certain Offices 7.2 Public Service Commission 7.3 Appointment, etc., of Public Officers 7.4 Appeals to President 7.5 Powers of President in Relation to Certain Public Offices 7.6 Tenure of Office of Attorney-General 7.7 Tenure of Office of Auditor-General 7.8 Pensions Laws and Protection of Pensions Rights 7.9 Power of Commissions in Relation to Pensions, etc. 8 CHAPTER VIII: The Ombudsman 8.1 Establishment and Independence 8.2 Appointment and Tenure of Office 8.3 Functions 8.4 Powers of Investigation 8.5 Meaning of "Official" 9 CHAPTER IX: Defense and National Security 9.1 PART I: _____ Police Force 9.1.1 Establishment and Functions of the Police Force 9.1.2 Command of the _____ Police Force 9.1.3 Parliament to Regulate the _____ Police Force 9.2 PART II: ____ Defense Force 9.2.1 Establishment and Functions of the _____ Defense Force 9.2.2 Parliament to Regulate the _____ Defense Force 9.3 PART III: _____ Prison Service 9.3.1 Establishment of the Prison Service 9.3.2 Commissioner and Deputy Commissioner of Prisons 9.3.3 Parliament to Regulate the _____ Prisons Service 9.4 PART IV: Intelligence Services 9.4.1 Intelligence Services 10 CHAPTER X: Finance 10.1 Consolidated Revenue Fund 10.2 Withdrawals from Consolidated Revenue Fund or Other Public Funds 10.3 Authorization of Expenditure 10.4 Authorization of Expenditure in Advance of Appropriation 10.5 Contingencies Fund 10.6 Remuneration of Certain Officers 10.7 Public Debt 10.8 Auditor-General 11 CHAPTER XI: Local Government 11.1 PART I: Principles and Structures of Local Government 11.1.1 Local Government System 11.1.2 Districts of _____ 11.1.3 Cooperation Among Districts 11.1.4 Boundaries of Local Government Units 11.1.5 Local Government Councils 11.1.6 Election of Local Government Councils 11.1.7 Revocation of Mandate 11.1.8 District Chairperson 11.1.9 Speaker of a District Council 11.1.10 Removal of a District Chairperson and Speaker 11.1.11 District Executive Committee 11.1.12 Vacation of office of member of district executive committee 11.1.13 Chief Administrative Officer 11.1.14 Functions of the Government and District Councils 11.2 PART II: Finances of Local Governments 11.2.1 Power to Levy and Appropriate Taxes 11.2.2 Collection of Taxes by Local Government 11.2.3 Grants to Local Governments 11.2.4 Local Government Finance Commission 11.2.5 Loans and Grants 11.2.6 Accountability 11.2.7 Financial Autonomy of Urban Authorities 11.3 PART III: District Service Commissions 11.3.1 District Service Commissions 11.3.2 Secondment of Staff 11.3.3 Functions of District Service Commissions 11.4 PART IV: General 11.4.1 Exercise of Administrative Functions 11.4.2 Takeover of District Administration by the President 11.4.3 Resident District Commissioner 11.4.4 Terms and Conditions of Service 11.4.5 Prohibition of Holding Political Offices Concurrently 11.4.6 Parliament to Make Laws Regarding Local Government 11.4.7 Interpretation 12 CHAPTER XII: Institution of Traditional or Cultural Leaders 12.1 Chiefs to Retain Personal Status 12.2 Designation of Chiefs 13 CHAPTER XIII: Leadership Code of Conduct 13.1 Leadership Code of Conduct 13.2 Enforcement of Code 13.3 Disqualification for Breach of Code 13.4 Interpretation 14 CHAPTER XIV: Amendment of the Constitution 14.1 Amendment of the Constitution 14.2 Amendments by Parliament 15 CHAPTER XV: Miscellaneous 15.1 Language 15.2 International Law 16 SCHEDULE 1: Districts Comprising _____ 17 SCHEDULE 2: Functions and Services for Which Government is Responsible

[edit] CHAPTER I: The Republic

[edit] Declaration of Republic

1. (1) The Republic of _____ is hereby established as a sovereign, secular, democratic and unitary State founded upon the principles of democracy, the rule of law and justice for all.

(2) The economy of _____ shall be based on private, communal and tribal ownership and free enterprise.

(3) The territory of _____ shall consist of the districts mentioned in Schedule 1, together with all other land that may be lawfully added thereto.

(4) _____ shall be the seat of government.

[edit] Public Seal

2. (1) The Public Seal of the Republic shall be such device as may be prescribed by or under an Act of Parliament.

(2) The Public Seal shall at all times be in the custody of the President and, except in so far as may otherwise be determined by the President, shall be used on all public documents on which such use is required by this Constitution or any other law.

[edit] Supremacy of Constitution

3. (1) This Constitution shall be the supreme law of _____.

(2) Any law, passed before or after the commencement of this Constitution, which is inconsistent with the provisions of this Constitution, shall, to the extent in which such an inconsistency exists, be void.

[edit] CHAPTER II: Citizenship

[edit] Acquisition and Loss of Citizenship

4. The following persons shall be citizens of _____ by birth —

(a) those born in ____ before the date of independence whose fathers or mothers would have been _____ citizens at the time of the birth of such persons, if this Constitution had been in force at that time; and

(b) those born in _____ before the date of independence, who are not _____ citizens under subsection (a) hereof, and whose fathers or mothers were ordinarily resident in _____ at the time of the birth of such persons:

Provided that their fathers or mothers were not then persons:

(aa) who were enjoying diplomatic immunity in _____ under any law relating to diplomatic privileges; or
(bb) who were career representatives of another country; or
(cc) who were members of any police, military or security unit seconded for service within _____ by the Government of another country:

Provided further that this subsection shall not apply to persons claiming citizenship of _____ by birth if such persons were ordinarily resident in _____ at the date of independence and had been so resident for a continuous period of not less than five (5) years prior to such date, or if the fathers or mothers of such persons claiming citizenship were ordinarily resident in _____ at the date of the birth of such persons and had been so resident for a continuous period of not less than five (5) years prior to such date;

(c) those born in _____ after the date of independence whose fathers or mothers are _____ citizens at the time of the birth of such persons;

(d) those born in _____ after the date of independence who do not qualify for citizenship under subsection (c) hereof, and whose fathers or mothers are ordinarily resident in _____ at the time of the birth of such persons:

Provided that their fathers or mothers are not then persons:

(aa) enjoying diplomatic immunity in _____ under any law relating to diplomatic privileges; or
(bb) who are career representatives of another country; or
(cc) who are members of any police, military or security unit seconded for service within _____ by the Government of another country; or
(dd) who are illegal immigrants:

Provided further that sub-paragraphs (aa), (bb), (cc) and (dd) hereof will not apply to children who would otherwise be stateless.

(2) The following persons shall be citizens of _____ by descent —

(a) those who are not _____ citizens under subsection (1) hereof and whose fathers or mothers at the time of the birth of such persons are citizens of _____ or whose fathers or mothers would have qualified for _____ citizenship by birth under subsection (1) hereof, if this Constitution had been in force at that time; and

(b) Who comply with such requirements as to registration of citizenship as may be required by Act of Parliament:

Provided that nothing in this Constitution shall preclude Parliament from enacting legislation which requires the birth of such persons born after the date of independence to be registered within a specific time either in _____ or at an embassy, consulate or office of a trade representative of the Government of _____.

(3) The following persons shall be citizens of _____ by marriage —

(a) those who are not _____ citizens under subsection (1) or (2) hereof and who:

(aa) in good faith marry a _____ citizen or, prior to the coming into force of this Constitution, in good faith married a person who would have qualified for _____ citizenship if this Constitution had been in force; and
(bb) subsequent to such marriage have ordinarily resided in _____ as the spouse of such person for a period of not less than two (2) years; and
(cc) apply to become citizens of _____;

(b) For the purposes of this subsection (and without derogating from any effect that it may have for any other purposes) a marriage by customary law shall be deemed to be a marriage:

Provided that nothing in this Constitution shall preclude Parliament from enacting legislation which defines the requirements which need to be satisfied for a marriage by customary law to be recognized as such for the purposes of this subsection.

(4) Citizenship by registration may be claimed by persons who are not _____ citizens under subsections (1), (2) or (3) hereof and who were ordinarily resident in _____ at the date of Independence, and had been so resident for a continuous period of not less than five (5) years prior to such date:

Provided that application for _____ citizenship under this subsection is made within a period of twelve (12) months from the date of Independence, and prior to making such application, such persons renounce the citizenship of any other country of which they are citizens.

(5) Citizenship by naturalization may be applied for by persons who are not _____ citizens under subsections (1), (2), (3) or (4) hereof and who —

(a) are ordinarily resident in _____ at the time when the application for naturalization is made; and

(b) have been so resident in _____ for a continuous period of not less than five (5) years (whether before or after the date of independence); and

(c) satisfy any other criteria pertaining to health, morality, security or legality of residence as may be prescribed by law.

(6) Nothing contained herein shall preclude Parliament from authorizing by law the conferment of _____ citizenship upon any fit and proper person by virtue of any special skill or experience or commitment to or services rendered to the _____ nation either before or at any time after the date of independence.

(7) _____ citizenship shall be lost by persons who renounce their _____ citizenship by voluntarily signing a formal declaration to that effect.

(8) Nothing in this Constitution shall preclude Parliament from enacting legislation providing for the loss of _____ citizenship by persons who, after the date of independence —

(a) have acquired the citizenship of any other country by any voluntary act; or

(b) have served or volunteered to serve in the armed or security forces of any other country without the written permission of the _____ Government; or

(c) have taken up permanent residence in any other country and have absented themselves thereafter from _____ for a period in excess of two (2) years without the written permission of the _____ Government:

Provided that no person who is a citizen of _____ by birth or descent may be deprived of _____ citizenship by such legislation.

(9) Parliament shall be entitled to make further laws not inconsistent with this Constitution regulating the acquisition or loss of _____ citizenship.

[edit] CHAPTER III: Declaration of Fundamental Rights

[edit] Protection of Fundamental Rights and Freedoms

5. (1) Fundamental rights and freedoms of the individual are inherent and not granted by the State.

(2) The rights and freedoms of the individual and groups enshrined in this Chapter shall be respected, upheld and promoted by all organs and agencies of Government and by all persons.

[edit] Protection of Life

6. (1) Every person has the right to life.

(2) The life of a person begins at conception.

(3) No law may prescribe death as a competent sentence. No court or tribunal shall have the power to impose a sentence of death upon any person. No executions shall take place in _____.

(4) Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger.

[edit] Protection of Liberty

7. No persons shall be deprived of personal liberty except according to procedures established by law.

[edit] Respect for Human Dignity

8. (1) The dignity of all persons shall be inviolable.

(2) (a) In any judicial proceedings or in other proceedings before any organ of the State, and during the enforcement of a penalty, respect for human dignity shall be guaranteed.

(b) No persons shall be subject to torture or to cruel, inhuman or degrading treatment or punishment.

[edit] Slavery and Forced Labor

9. (1) No persons shall be held in slavery or servitude.

(2) No persons shall be required to perform forced labor.

(3) For the purposes of this section, the expression "forced labor" shall not include —

(a) any labor required in consequence of a sentence or order of a court;

(b) any labor required of persons while lawfully detained which, though not required in consequence of a sentence or order of a court, is reasonably necessary in the interests of hygiene;

(c) any labor required of members of the defense force, the police force and the prison service in pursuance of their duties as such or, in the case of persons who have conscientious objections to serving as members of the defense force, any labor which they are required by law to perform in place of such service;

(d) any labor required during any period of public emergency or in the event of any other emergency or calamity which threatens the life and well-being of the community, to the extent that requiring such labor is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation;

(e) any labor reasonably required as part of reasonable and normal communal or other civic obligations.

[edit] Equality and Freedom from Discrimination

10. (1) All persons shall be equal before the law.

(2) No persons may be discriminated against on the grounds of sex, race, color, ethnic origin, religion, creed or social or economic status.

[edit] Arrest and Detention

11. (1) No persons shall be subject to arbitrary arrest or detention.

(2) No persons who are arrested shall be detained in custody without being informed promptly in a language they understand of the grounds for such arrest.

(3) All persons who are arrested and detained in custody shall be brought before the nearest magistrate or other judicial officer within a period of forty-eight (48) hours of their arrest or, if this is not reasonably possible, as soon as possible thereafter, and no such persons shall be detained in custody beyond such period without the authority of a magistrate or other judicial officer.

(4) Nothing contained in subsection (3) hereof shall apply to illegal immigrants held in custody under any law dealing with illegal immigration:

Provided that such persons shall not be deported from _____ unless deportation is authorized by a tribunal empowered by law to give such authority.

(5) No persons who have been arrested and held in custody as illegal immigrants shall be denied the right to consult confidentially legal practitioners of their choice, and there shall be no interference with this right except such as is in accordance with the law and is necessary in a democratic society in the interest of national security or for public safety.

[edit] Fair Trial

12. (1) (a) In the determination of their civil rights and obligations or any criminal charges against them, all persons shall be entitled to a fair and public hearing by an independent, impartial and competent court or tribunal established by law:

Provided that such court or tribunal may exclude the press and/or the public from all or any part of the trial for reasons of morals, the public order or national security, as is necessary in a democratic society.

(b) A trial referred to in subsection (a) hereof shall take place within a reasonable time, failing which the accused shall be released.

(c) Judgments in criminal cases shall be given in public, except where the interests of juvenile persons or morals otherwise require.

(d) All persons charged with an offense shall be presumed innocent until proven guilty according to law, after having had the opportunity of calling witnesses and cross-examining those called against them.

(e) All persons shall be afforded adequate time and facilities for the preparation and presentation of their defense, before the commencement of and during their trial, and shall be entitled to be defended by a legal practitioner of their choice.

(f) No persons shall be compelled to give testimony against themselves or their spouses, who shall include partners in a marriage by customary law, and no court shall admit in evidence against such persons testimony which has been obtained from such persons in violation of paragraph (b) of subsection (2) of section eight.

(2) No persons shall be liable to be tried, convicted or punished again for any criminal offense for which they have already been convicted or acquitted according to law:

Provided that nothing in this subsection shall be construed as changing the provisions of the common law defenses of "previous acquittal" and "previous conviction".

(3) No persons shall be tried or convicted for any criminal offense or on account of any act or omission which did not constitute a criminal offense at the time when it was committed, nor shall a penalty be imposed exceeding that which was applicable at the time when the offense was committed.

[edit] Privacy

13. (1) No persons shall be subject to interference with the privacy of their homes, correspondence or communications save as in accordance with law and as is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the protection of health or morals, for the prevention of disorder or crime or for the protection of the rights or freedoms of others.

(2) Searches of the person or the homes of individuals shall only be justified —

(a) Where these are authorized by a competent judicial officer;

(b) in cases where delay in obtaining such judicial authority carries with it the danger of prejudicing the objects of the search or the public interest, and such procedures as are prescribed by Act of Parliament to preclude abuse are properly satisfied.

[edit] Family

14. (1) Men and women of full age, without any limitation due to race, color, ethnic origin, nationality, religion, creed or social or economic status shall have the right to marry and to found a family. They shall be entitled to equal rights as to marriage, during marriage and at its dissolution.

(2) Marriage shall be entered into with the free consent of the man and woman intending to marry.

(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

[edit] Children's Rights

15. (1) Children shall have the right from birth to a name, the right to acquire a nationality and, subject to legislation enacted in the best interests of children, as far as possible the right to know and be cared for by their parents.

(2) Children are entitled to be protected from economic exploitation and shall not be employed in or required to perform work that is likely to be hazardous or to interfere with their education, or to be harmful to their health or physical, mental, spiritual, moral or social development. For the purposes of this subsection children shall be persons under the age of sixteen (16) years.

(3) No children under the age of fourteen (14) years shall be employed to work in any factory or mine, save under conditions and circumstances regulated by Act of Parliament. Nothing in this subsection shall be construed as derogating in any way from subsection (2) hereof.

(4) Any arrangement or scheme employed on any farm or other undertaking, the object or effect of which is to compel the minor children of an employee to work for or in the interest of the employer of such employee, shall for the purposes of section nine hereof be deemed to constitute an arrangement or scheme to compel the performance of forced labor.

(5) No law authorizing preventive detention shall permit children under the age of sixteen (16) years to be detained.

[edit] Property

16. (1) All persons shall have the right in any part of _____ to acquire, own and dispose of all forms of immovable and movable property individually or in association with others and to bequeath their property to their heirs or legatees:

Provided that Parliament may by legislation prohibit or regulate as it deems expedient the right to acquire property by persons who are not _____ citizens.

(2) The State or a competent body or organ authorized by law may expropriate property in the public interest subject to the payment of just compensation, in accordance with requirements and procedures to be determined by Act of Parliament.

[edit] Political Activity

17. (1) All citizens shall have the right to participate in peaceful political activity intended to influence the composition and policies of the Government. All citizens shall have the right to form and join political parties and, subject to such qualifications prescribed by law as are necessary in a democratic society to participate in the conduct of public affairs, whether directly or through freely chosen representatives.

(2) Every citizen who has reached the age of eighteen (18) years shall have the right to vote and who has reached the age of twenty-one (21) years to be elected to public office, unless otherwise provided herein.

(3) The rights guaranteed by subsection (2) hereof may only be abrogated, suspended or be impinged upon by Parliament in respect of specified categories of persons on such grounds of infirmity or on such grounds of public interest or morality as are necessary in a democratic society.

[edit] Administrative Justice

18. Administrative bodies and administrative officials shall act fairly and reasonably and comply with the requirements imposed upon such bodies and officials by common law and any relevant legislation, and persons aggrieved by the exercise of such acts and decisions shall have the right to seek redress before a competent court or tribunal.

[edit] Culture

19. Every person shall be entitled to enjoy, practice, profess, maintain and promote any culture, language, tradition or religion subject to the terms of this Constitution and further subject to the condition that the rights protected by this section do not impinge upon the rights of others or the national interest.

[edit] Education

20. (1) All persons shall have the right to education.

(2) Primary education shall be compulsory and the State shall provide reasonable facilities to render effective this right for every resident within _____, by establishing and maintaining State schools at which primary education will be provided free of charge.

(3) Children shall not be allowed to leave school until they have completed their primary education or have attained the age of sixteen (16) years, whichever is the sooner, save in so far as this may be authorized by Act of Parliament on grounds of health or other considerations pertaining to the public interest.

(4) All persons shall have the right, at their own expense, to establish and to maintain private schools, or colleges or other institutions of tertiary education:

Provided that —

(a) such schools, colleges or institutions of tertiary education are registered with a Government department in accordance with any law authorizing and regulating such registration;

(b) the standards maintained by such schools, colleges or institutions of tertiary education are not inferior to the standards maintained in comparable schools, colleges or institutions of tertiary education funded by the State;

(c) no restrictions of whatever nature are imposed with respect to the admission of pupils based on race, color or creed;

(d) no restrictions of whatever nature are imposed with respect to the recruitment of staff based on race or color.

[edit] Fundamental Freedoms

21. (1) All persons shall have the right to —

(a) freedom of speech and expression, which shall include freedom of the press and other media;

(b) freedom of thought, conscience and belief, which shall include academic freedom in institutions of higher learning;

(c) freedom to practice any religion and to manifest such practice;

(d) assemble peaceably and without arms;

(e) freedom of association, which shall include freedom to form and join associations or unions, including trade unions and political parties;

(f) withhold their labor without being exposed to criminal penalties;

(g) move freely throughout _____;

(h) reside and settle in any part of _____;

(i) leave and return to _____;

(j) practice any profession, or carry on any occupation, trade or business.

(2) The fundamental freedoms referred to in subsection (1) hereof shall be exercised subject to the law of _____, in so far as such law imposes reasonable restrictions on the exercise of the rights and freedoms conferred by the said subsection, which are necessary in a democratic society and are required in the interests of the sovereignty and integrity of _____, national security, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offense.

[edit] Limitation upon Fundamental Rights and Freedoms

22. Whenever or wherever in terms of this Constitution the limitation of any fundamental rights or freedoms contemplated by this Chapter is authorized, any law providing for such limitation shall —

(a) be of general application, shall not negate the essential content thereof, and shall not be aimed at a particular individual;

(b) specify the ascertainable extent of such limitation and identify the section or sections hereof on which authority to enact such limitation is claimed to rest.

[edit] Human Rights and Freedoms Additional to Other Rights

23. The rights, duties, declarations and guarantees relating to the fundamental and other human rights and freedoms specifically mentioned in this Chapter shall not be regarded as excluding others not specifically mentioned.

[edit] Derogation

24. (1) Nothing contained in or done under the authority of section twenty-six hereof shall be held to be inconsistent with or in contravention of this Constitution to the extent that it authorizes the taking of measures during any period when _____ is in a state of national defense or any period when a declaration of emergency under this Constitution is in force.

(2) Where any persons are detained by virtue of such authorization as is referred to in subsection (1) hereof, the following provisions shall apply —

(a) they shall, as soon as reasonably practicable and in any case not more than five (5) days after the commencement of their detention, be furnished with a statement in writing in a language that they understand specifying in detail the grounds upon which they are detained and, at their request, this statement shall be read to them;

(b) not more than fourteen (14) days after the commencement of their detention, a notification shall be published in the Gazette stating that they have been detained and giving particulars of the provision of law under which their detention is authorized;

(c) not more than one (1) month after the commencement of their detention and thereafter during their detention at intervals of not more than three (3) months, their cases shall be reviewed by the Advisory Board referred to in paragraph (c) of subsection (5) of section twenty-six hereof, which shall order their release from detention if it is satisfied that it is not reasonably necessary for the purposes of the emergency to continue the detention of such persons;

(d) they shall be afforded such opportunity for the making of representations as may be desirable or expedient in the circumstances, having regard to the public interest and the interests of the detained persons.

(3) Nothing contained in this section shall permit a derogation from or suspension of the fundamental rights or freedoms referred to in sections five, six, eight, nine, ten, twelve, fourteen, fifteen, eighteen, nineteen and paragraphs (a), (b), (c) and (e) of subsection (1) of section twenty-one hereof, or the denial of access by any persons to legal practitioners or a court of law.

[edit] Enforcement of Fundamental Rights and Freedoms

25. (1) Save in so far as it may be authorized to do so by this Constitution, Parliament or any subordinate legislative authority shall not make any law, and the executive and the agencies of Government shall not take any action which abolishes or abridges the fundamental rights and freedoms conferred by this Chapter, and any law or action in contravention thereof shall to the extent of the contravention be invalid:

Provided that —

(a) a competent court, instead of declaring such law or action to be invalid, shall have the power and the discretion in an appropriate case to allow Parliament, any subordinate legislative authority, or the executive and the agencies of Government, as the case may be, to correct any defect in the impugned law or action within a specified period, subject to such conditions as may be specified by it. In such event and until such correction, or until the expiry of the time limit set by the court, whichever be the shorter, such impugned law or action shall be deemed to be valid;

(b) any law which was in force immediately before the date of independence shall remain in force until amended, repealed or declared unconstitutional. If a competent court is of the opinion that such law is unconstitutional, it may either set aside the law, or allow Parliament to correct any defect in such law, in which event the provisions of paragraph (a) hereof shall apply.

(2) Aggrieved persons who claim that a fundamental right or freedom guaranteed by this Constitution has been infringed or threatened shall be entitled to approach a competent court to enforce or protect such a right or freedom, and may approach the Ombudsman to provide them with such legal assistance or advice as they require, and the Ombudsman shall have the discretion in response thereto to provide such legal or other assistance as he or she may consider expedient.

(3) Subject to the provisions of this Constitution, the court referred to in subsection (2) hereof shall have the power to make all such orders as shall be necessary and appropriate to secure such applicants the enjoyment of the rights and freedoms conferred on them under the provisions of this Constitution, should the court come to the conclusion that such rights or freedoms have been unlawfully denied or violated, or that grounds exist for the protection of such rights or freedoms by interdict.

(4) The power of the court shall include the power to award monetary compensation in respect of any damage suffered by the aggrieved persons in consequence of such unlawful denial or violation of their fundamental rights and freedoms, where it considers such an award to be appropriate in the circumstances of particular cases.

[edit] State of Emergency, State of National Defense and Martial Law

26. At a time of national disaster or during a state of national defense or public emergency threatening the life of the nation or the constitutional order, the President may by Proclamation in the Gazette declare that a state of emergency exists in _____ or any part thereof.

(2) A declaration under subsection (1) hereof, if not sooner revoked, shall cease to have effect —

(a) in the case of a declaration made when the National Assembly is sitting or has been summoned to meet, at the expiration of a period of seven (7) days after publication of the declaration; or

(b) in any other case, at the expiration of a period of thirty (30) days after publication of the declaration;

unless before the expiration of that period, it is approved by a resolution passed by the National Assembly by a two-thirds majority of all its members.

(3) Subject to the provisions of subsection (4) hereof, a declaration approved by a resolution of the National Assembly under subsection (2) hereof shall continue to be in force until the expiration of a period of six (6) months after being so approved or until such earlier date as may be specified in the resolution:

Provided that the National Assembly may, by resolution by a two-thirds majority of all its members, extend its approval of the declaration for periods of not more than six (6) months at a time.

(4) The National Assembly may by resolution at any time revoke a declaration approved by it in terms of this section.

(5) (a) During a state of emergency in terms of this section or when a state of national defense prevails, the President shall have the power by Proclamation to make such regulations as in his or her opinion are necessary for the protection of national security, public safety and the maintenance of law and order.

(b) The powers of the President to make such regulations shall include the power to suspend the operation of any rule of the common law or statute or any fundamental right or freedom protected by this Constitution, for such period and subject to such conditions as are reasonably justifiable for the purpose of dealing with the situation which has given rise to the emergency:

Provided that nothing in this subsection shall enable the President to act contrary to the provisions of section twenty-four hereof.

(c) Where any regulation made under subsection (b) hereof provides for detention without trial, provision shall also be made for an Advisory Board, to be appointed by the President on the recommendation of the Judicial Service Commission, and consisting of no more than five (5) persons, of whom no fewer than three (3) persons shall be Judges of the High Court or qualified to be such. The Advisory Board shall perform the function set out in paragraph (c) of subsection (2) of section twenty-four.

(6) Any regulations made by the President pursuant to the provisions of subsection (5) hereof shall cease to have legal force if they have not been approved by a resolution of the National Assembly within fourteen (14) days from the date when the National Assembly first sits in session after the date of the commencement of any such regulations.

(7) The President shall have the power to proclaim or terminate martial law. Martial law may be proclaimed only when a state of national defense involving another country exists or when civil war prevails in _____:

Provided that any proclamation of martial law shall cease to be valid if it is not approved within a reasonable time by a resolution passed by a two-thirds majority of all the members of the National Assembly.

[edit] CHAPTER IV: The Executive

[edit] PART I: The President and the Vice-President

[edit] Office of President

27. There shall be a President of the Republic of _____ who shall be the Head of State.

[edit] First President

28. (1) The first President shall be the person who immediately before the date of independence holds the office of Prime Minister under the Constitution.

(2) The first President shall be deemed to have assumed office at the coming into operation of this Constitution.

[edit] Election of President After Dissolution of Parliament

29. (1) Whenever Parliament is dissolved an election shall be held to the office of President in such manner as is prescribed by this section and, subject thereto, by or under an Act of Parliament.

(2) Nominations in the election of a President shall be delivered to the returning officer on such day and at such time as may be prescribed by or under any law for the time being in force in _____; the nomination of a candidate in an election of a President shall not be valid unless it is supported, in such manner as may be prescribed by or under an Act of Parliament, by not less than 1000 persons registered as voters for the purpose of elections to the Assembly.

(3) The following provisions shall then apply —

(a) a person nominated as a Parliamentary candidate may, at the time of his nomination and subject to the provisions of paragraph (b), declare in such manner as may be prescribed by or under an Act of Parliament which of the candidates in the election of President he supports, but the nomination of a Parliamentary candidate shall be valid notwithstanding that the nomination paper does not contain such a declaration;

(b) such a declaration shall not be made in relation to any Presidential candidate unless that candidate has signified, in such manner as may be prescribed by or under an Act of Parliament, his consent to the making of a declaration in his favor by that Parliamentary candidate;

(c) where the Parliamentary election is contested in any constituency a poll shall be taken in that constituency at which the votes shall be given by ballot, and for the purposes of that poll any Parliamentary candidate who declared support in accordance with paragraph (a) for a particular Presidential candidate shall use the same voting color and symbol, if any, as may have been allocated under any law for the time being in force in Botswana to that Presidential candidate for the purposes of the Presidential election;

(d) the returning officer shall declare to be elected as President any candidate for whom support has been declared in accordance with paragraph (a) above by not less than such number of persons elected as Members of the National Assembly in the Parliamentary election as corresponds to more than half the total number of seats for Elected Members in the Assembly, and if there is no such person the returning officer shall declare that no candidate has been elected.

(4) Parliament may make provision whereby the time for nominating Presidential candidates may be extended in the event of there being no qualified candidate nominated at the expiration of the time for the delivery of such nominations.

(5) Where, at the expiration of the time for the delivery of nominations in the election of a President, more than one qualified candidate is validly nominated and any of those candidates dies before the commencement of the poll in the Parliamentary election, the poll in the Parliamentary election shall be countermanded, fresh nominations of Parliamentary candidates shall take place in every constituency and a fresh election of a President shall be held in accordance with the foregoing provisions of this section.

(6) Where —

(a) any candidate in an election of a President dies during the period commencing with the taking of the poll in the Parliamentary election and ending when the result of the election has been ascertained and that candidate would, but for his death, have been entitled to have been declared elected as President under subsection (3) of this section; or

(b) the returning officer declares in accordance with the provisions of paragraph (d) of subsection (3) of this section that no candidate has been elected, the new National Assembly shall meet on such day (not being more than 14 days after the result of the election is ascertained or, as the case may be, the declaration that no candidate has been elected) as the Speaker shall appoint, and shall elect a person to the office of President in such manner as is prescribed by subsection (5) of section thirty-two of this Constitution and subject thereto by or under an Act of Parliament. Such an election shall take place before the election of the Specially Elected Members of the National Assembly.

(7) A person elected to the office of President under this section shall assume that office on the day upon which he is declared elected.

(8) Without prejudice to the provisions of section ninety-two of this Constitution, an Elected Member of the National Assembly may, in the event of there being one or more successful election petitions following a general election, move, at the first sitting of the Assembly after the resultant by-elections have been decided and the Members thereby elected have taken their seats, that the President does not enjoy the support of the majority of the Elected Members of the Assembly; and in the voting on that question the Specially Elected Members of the Assembly shall have no vote. If it appears as a result of the voting on that question that the President does not enjoy the support of a majority of the elected Members of the Assembly, the office of President shall become vacant.

(9) Any Elected Member of the Assembly may give notice to the President that he intends to move in the Assembly a motion under subsection (8) and notwithstanding any other provision of this Constitution the President shall not after receipt of any such notice be empowered to dissolve Parliament before the conclusion of the sitting of the Assembly mentioned in the said subsection (8).

(10) If the office of President becomes vacant in accordance with subsection (8) of this section the seats of the Specially Elected Members of the Assembly shall also become vacant, and the election of a person to the office of President shall take place before the election of the Specially Elected Members.

(11) In this section —

"Parliamentary candidate" means a candidate in the Parliamentary election;

"the Parliamentary election" means the general election to elect those Members of the National Assembly who are referred to in section paragraph (a) of subsection (2) of section fifty-eight of this Constitution following any dissolution of Parliament;

"Presidential candidate" means a candidate for the office of President;

"the returning officer" means the returning officer specified in section thirty-five of this Constitution.

[edit] Qualification for Election as President

30. (1) A person shall be qualified for election as President if, and shall not be qualified unless, he —

(a) is a citizen of _____ by birth or descent;

(b) is of or above the age of forty-five years; and

(c) is a Member of the National Assembly (other than a Member referred to in paragraph (c) of subsection subsection (2) of section fifty-nine) who has served as such a member for a continuous period of seven years or for a non-continuous period of ten years in all, or had been such a Member of the National Assembly who had served as a Member thereof for such period and is not subject to any of the disqualifications in section sixty-three:

Provided that for the purposes of electing a President any reference in this paragraph to the National Assembly shall be construed so as to include a reference to the _____ Legislative Assembly.

(2) Any person holding any public office (other than membership of the National Assembly) in respect of which he receives remuneration or allowance out of public funds, who is elected as President, shall not hold such office during his term as President:

Provided that a chief or headman so elected, shall retain his title as chief or headman.

[edit] Tenure of Office of President

31. (1) The President shall, subject to the provisions of this section, hold office for an aggregate period not exceeding 10 years beginning from the date of his first assumption of office of President after the commencement of this Act.

(2) The President shall cease to hold the office of President if at any time during his tenure of office any circumstances arise that would, if he were not a member of the National Assembly, cause him to be disqualified for election thereto.

(3) The President shall cease to hold office of President at the expiry of the period prescribed under subsection (1) of this section, or when the person elected at the next election of President following a dissolution of Parliament assumes office.

[edit] Resignation of President

32. The holder of the office of President may at any time resign from office by lodging his resignation in writing with the Speaker.

[edit] Removal of President from Office

33. (1) The President shall be removed from his office by the National Assembly on impeachment, on the grounds of any conduct on his part which is unbecoming the high office of President or which brings such office into disrepute, or for treason, bribery or any other high crime.

(2) No impeachment shall be effected by the National Assembly under subsection (1) —

(a) unless there has previously been submitted to the Speaker a petition signed by not less than one-quarter of the Members of the National Assembly praying for the removal of the person holding the office of President and praying further that a committee be appointed to investigate the subject-matter of such petition;

(b) except after consideration of the report of such committee;

(c) unless a majority vote has been obtained in the National Assembly which vote shall include a majority of the Members referred to in paragraphs (a) and (b) of subsection (2) of section fifty-nine:

Provided that the Member referred to in subsection (1) of section fifty-nine as well as the Members referred to in paragraph (c) of subsection (2) of section fifty-nine shall not be entitled to vote in any proceedings under this section.

(3) No debate shall be permitted in the National Assembly in any proceedings under this section.

[edit] Vacancy in Office of President

34. (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 Botswana 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 twenty-nine 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 Vice-President or to dissolve Parliament.

(4) If the office of President becomes vacant, the National Assembly shall, unless Parliament is dissolved, and notwithstanding that it may be prorogued, meet on the seventh day after the office of President becomes vacant, or on such earlier day as may be appointed by the Speaker, and shall elect a person to the office in such manner as is prescribed by the next following subsection and, subject thereto, by or under an Act of Parliament.

(5) In an election of a President under this section —

(a) the Speaker shall preside at the meeting and conduct the election;

(b) a person may be a candidate if and shall not be a candidate unless he has been nominated as a candidate with his consent prior to the sitting of the National Assembly at which the election takes place, by not less than 10 Members of the National Assembly entitled to vote in that election;

(c) at the election every Member of the Assembly except the Speaker and the Attorney-General shall be entitled to vote;

(d) the votes of the Members of the Assembly who are entitled to vote shall be given by ballot in such manner as not to disclose how any particular Member voted, and any person who receives the votes of more than one half of the total number of persons entitled to vote shall be declared elected as President;

(e) a person elected as President under this section shall assume the office of President on the day upon which he is declared to be elected;

(f) not more than three ballots shall be taken unless in the opinion of the Speaker the holding of further ballots is likely to result in the election of a President, in which case not more than two further ballots may be taken;

(g) only one ballot shall be taken at any sitting of the Assembly, and the Speaker may adjourn the meeting at which a second or subsequent ballot is to be taken for such number of days (in addition to the days on which and to which the meeting is adjourned), not being more than two, as he thinks fit;

(h) if there is no candidate duly nominated for the first ballot in accordance with paragraph (b) or if after the number of ballots permitted under paragraph (f) have been taken no candidate has been declared elected Parliament shall stand dissolved or, in the case of a Presidential election held in accordance with subsection (6) of section twenty-nine of this Constitution, the foregoing general election shall be void.

(6) No business other than the election of a President shall be transacted at a meeting of the National Assembly under subsection (4) of this section or under subsection (6) of section twenty-nine of this Constitution and such a meeting or any sitting thereof shall not be regarded as a meeting or sitting of the Assembly for the purposes of any other provision of this Constitution.

(7) At any time when the office of Speaker is vacant or the holder of that office is unable by reason of absence or illness to exercise the functions vested in him by this section and subsection (6) of section twenty-nine of this Constitution, those functions may be exercised by the Deputy Speaker of the National Assembly or, if there is no Deputy Speaker or the Deputy Speaker is unable by reason of absence or illness to exercise those functions, by such member of the Assembly (not being the President or Vice-President or a Minister or Deputy Minister) as the Assembly may elect for that purpose.

[edit] Discharge of Functions of President During Absence, Illness, etc.

35. (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.

[edit] Oath of President

36. A person assuming the office of President shall, before entering upon the duties of that office, take and subscribe such oaths as may be prescribed by Parliament.

[edit] Returning Officer at Elections of President

37. (1) The Chief Justice shall be the returning officer for the purposes of elections to the office of President.

(2) Any question which may arise as to whether —

(a) any provision of this Constitution or any law relating to the election of a President under section twenty-nine or thirty-four of this Constitution has been complied with; or

(b) any person has been validly elected as President under those sections, shall be referred to and determined by the returning officer whose decision shall not be questioned in any court.

[edit] Vice-President

38. (1) There shall be a Vice-President who shall be appointed by the President from among the Elected Members of the National Assembly who are citizens of _____ by birth or descent, which appointment shall be endorsed by the said Elected Members.

(2) The Vice-President shall continue in office until a person elected at the next election of President under section twenty-nine or thirty-two of this Constitution assumes office:

Provided that the office of Vice-President shall become vacant —

(i) if the appointment of the holder of the office is revoked by the President; or
(ii) if the holder of the office ceases to be a Member of the National Assembly for any other reason than a dissolution of Parliament.

(3) The Vice-President shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and such oath for the due execution of his office as may be prescribed by Parliament.

(4) If the Vice-President is absent from _____ or is incapable by reason of illness or any other cause of discharging the functions of his office, the President may appoint a person, from among the Members of the Assembly, to perform the functions of the office of Vice-President and any person so appointed may discharge those functions accordingly:

Provided that a person appointed under this subsection shall cease to perform the functions of the office of Vice-President —

(i) if his appointment is revoked by the President;
(ii) if he ceases to be a Member of the Assembly otherwise than by reason of a dissolution of Parliament;
(iii) upon the assumption by any person of the office of President; or
(iv) upon the President giving him notice that the Vice-President is about to resume his functions.

(5) Where the Vice-President is performing the functions of the office of President in accordance with section thirty-four or thirty-five of this Constitution he may appoint a person, from among the Members of the Assembly, to perform the functions of the office of Vice-President and any person so appointed may discharge those functions accordingly:

Provided that a person appointed under this subsection shall cease to perform the functions of the office of Vice-President —

(i) if his appointment is revoked by the Vice-President;
(ii) if he ceases to be a Member of the Assembly otherwise than by reason of a dissolution of Parliament; or
(iii) if the Vice-President ceases to perform the functions of the office of President.

(6) In this section references to Members of the Assembly shall, in the event of Parliament being dissolved, be construed as references to those persons who immediately before the dissolution were Members of the Assembly.

[edit] Salary and Allowances of President

39. (1) The President shall receive such salary and allowances as may be prescribed by resolution of the National Assembly, which shall be a charge on the general revenues of the Republic.

(2) The salary and allowances of the President shall not be altered to his disadvantage during his period of office.

(3) A person who has held the office of President shall receive such pension or, upon the expiration of his term of office, such gratuity as may be prescribed by resolution of the National Assembly, which shall be a charge on the Consolidated Revenue Fund.

[edit] Protection of President in Respect of Legal Proceedings

40. (1) Whilst any person holds or performs the functions of the office of President no criminal proceedings shall be instituted or continued against him in respect of anything done or omitted to be done by him either in his official capacity or in his private capacity and no civil proceedings shall be instituted or continued in respect of which relief is claimed against him in respect of anything done or omitted to be done in his private capacity.

(2) Where provision is made by law limiting the time within which proceedings of any description may be brought against any person, the term of any person in the office of President shall not be taken into account in calculating any period of time prescribed by that law which determines whether any such proceedings as are mentioned in subsection (1) of this section may be brought against that person.

[edit] PART II: The Cabinet

[edit] Ministers and Vice Ministers

41. (1) There shall be such offices of Minister of the Government (not exceeding twelve or such other number as Parliament may from time to time provide) as may be established by Parliament or, subject to the provisions of any Act of Parliament, by the President.

(2) There shall be such offices of Deputy Minister (not exceeding four or such number as Parliament may from time to time provide) as may be established by Parliament or, subject to the provisions of any Act of Parliament, by the President.

(3) Appointments to the office of Minister or Deputy Minister shall be made by the President from among Members of the National Assembly:

Provided that if occasion arises for making an appointment to the office of a Minister or a Deputy Minister while Parliament is dissolved a person who was a Member of the Assembly before the dissolution may be appointed as a Minister or a Deputy Minister.

[edit] Tenure of Office of Ministers and Deputy Ministers

42. (1) The office of any Minister or Deputy Minister shall become vacant —

(a) (i) if he ceases to be a Member of the National Assembly otherwise than by reason of a dissolution of the National Assembly; or
(ii) if, at the first sitting of the Assembly after a general election, he is not a Member of the Assembly;

(b) if the holder of the office is removed from office by the President;

(c) if he resigns his office by writing under his hand addressed to the President;

(d) upon the assumption by any person of the office of President.

(2) A person who has vacated his office as Minister or Deputy Minister may, if qualified, be again appointed as Minister or Deputy Minister from time to time.

[edit] Cabinet

43. (1) There shall be a Cabinet which shall consist of the President, Vice-President and the Ministers.

(2) There shall preside at meetings of the Cabinet —

(a) the President;

(b) in the absence of the President, the Vice-President; or

(c) in the absence of the President and the Vice-President, such Minister as the President may designate.

(3) The Cabinet may act notwithstanding any vacancy in its membership.

[edit] Oaths to be Taken by Ministers and Deputy Ministers

44. The Vice-President, a Minister or a Deputy Minister shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and such oath for the due execution of his office as may be prescribed by Parliament.

[edit] Secretary to the Cabinet

45. (1) There shall be a Secretary to the Cabinet whose office shall be a public office.

(2) The Secretary to the Cabinet shall have charge of the Cabinet Office and shall be responsible, in accordance with such instructions as may be given to him by the President, for arranging the business for, and keeping the minutes of, the Cabinet, for conveying decisions of the Cabinet to the appropriate person or authority, and shall have such other functions as the President may from time to time direct.

[edit] PART III: Executive Functions

[edit] Functions of President

46. (1) The executive power of _____ shall vest in the President and, subject to the provisions of this Constitution, shall be exercised by him either directly or through officers subordinate to him.

(2) In the exercise of any function conferred upon him by this Constitution or any other law the President shall, unless it is otherwise provided, act in his own deliberate judgment and shall not be obliged to follow the advice tendered by any other person or authority.

(3) Nothing in this section shall prevent Parliament from conferring functions on persons or authorities other than the President.

[edit] Command of Armed Forces

47. (1) The supreme command of the armed forces of the Republic shall vest in the President and he shall hold the office of Commander in Chief.

(2) The powers conferred on the President by subsection (1) of this section shall include —

(a) the power to determine the operational use of the armed forces;

(b) the power to appoint members of the armed forces, to make appointments on promotion to any office in the armed forces and to dismiss any member of the armed forces.

(3) The President may, by directions in writing and subject to such conditions as he may think fit, delegate to any member of the armed forces any of the powers mentioned in subsection (2) of this section.

(4) Parliament may regulate the exercise of the powers conferred by or under this section.

[edit] Foreign Affairs

48. (1) The President shall be responsible for —

(a) the conduct of relations with other states and international organizations;

(b) the reception of envoys accredited to _____ and the appointment of the principal representatives of _____ abroad;

(c) the negotiation and, subject to ratification by Parliament, the conclusion of treaties and other international agreements:

Provided that any treaty, agreement or convention executed by or under the authority of the President which relates to any matter within the legislative competence of Parliament, or which in any way alters the law of _____ or imposes any charge on, or authorizes any expenditure out of, the Consolidated Revenue Fund or any other fund of _____, shall be subject to ratification by Parliament —

(i) by an enactment of Parliament; or
(ii) by a resolution supported by the votes of not less than one-half of the Members of Parliament.

(2) _____ shall not —

(a) enter into any engagement with any other country which causes it to lose its sovereignty without the matter first being put to a referendum and passed by such majority as may be prescribed by an Act of Parliament;

(b) become a member of any international organization unless Parliament is satisfied that it is in the interest of _____ and that membership does not derogate from its sovereignty.

[edit] Prerogative of Mercy

49. The President may —

(a) grant to any person convicted of any offense a pardon, either free or subject to lawful conditions;

(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offense;

(c) substitute a less severe form of punishment for any punishment imposed on any person for any offense; and

(d) remit the whole or part of any punishment imposed on any person for any offense or of any penalty or forfeiture otherwise due to the Government on account of any offense.

[edit] Advisory Committee on Prerogative of Mercy

50. (1) There shall be an Advisory Committee on the Prerogative of Mercy which shall consist of —

(a) the Vice-President or a Minister appointed by the President by instrument in writing under his hand;

(b) the Attorney-General; and

(c) a person qualified to practice in _____ as a medical practitioner, appointed by the President by instrument in writing under his hand.

(2) A member of the Committee appointed under paragraph (a) or c) of subsection (1) of this section shall hold his seat thereon for such period as may be specified in the instrument by which he was appointed:

Provided that his seat shall become vacant —

(i) in the case of a person who, at the date of his appointment, was the Vice-President or a Minister, if he ceases to be the Vice-President or a Minister; or
(ii) if the President, by instrument in writing under his hand, so directs.

(3) The Committee shall not be summoned except by the authority of the President who shall, as far as is practicable, attend and preside at all meetings of the Committee, and, in the absence of the President, the member of the Committee appointed under paragraph (a) of subsection (1) of this section shall preside.

(4) The Committee may act notwithstanding any vacancy in its membership and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings.

(5) Subject to the provisions of this section, the Committee may regulate its own procedure.

[edit] Honors and Awards

51. (1) The President may, after consulting the Committee established by subsection (2), confer honors and awards, including honorary honors and awards to friends of _____.

(2) The shall be a Committee to advise the President on the exercise of his powers under this section which shall consist of not more than five, and not less than three, persons appointed by the National Assembly.

[edit] Declaration of a State of War

52. (1) The President may, with the approval of the National Assembly, given by resolution supported by not less than two-thirds of all the Members of the Assembly, declare that a state of war exists between _____ and any other country.

(2) Where it is impracticable to seek the approval of the National Assembly before declaration of a state of war, the President may declare a state of war without the approval but shall seek the approval immediately after the declaration and in any case not later than seventy-two hours after the declaration.

(3) Where the President makes the declaration of a state of war under subsection (2) when the National Assembly is in recess, the President shall immediately summon the Assembly to an emergency session to sit within seventy-two hours after the declaration of a state of war.

(4) The President may, with the approval of the National Assembly, given by resolution, revoke a declaration of a state of war made under subsection (1) or (2) of this section.

[edit] Constitution of Offices

53. Subject to the provisions of this Constitution and of any Act of Parliament, the powers of constituting and abolishing offices for _____ shall vest in the President.

[edit] Functions of Vice-President

54. The Vice-President shall be the principal assistant of the President in the discharge of his executive functions and shall be responsible, under the directions of the President, for such business of the government of _____ (including the administration of any department of Government) as the President may assign to him.

[edit] Functions of Cabinet Ministers and Deputy Ministers

55. (1) The Cabinet shall be responsible for advising the President with respect to the policy of the Government and with respect to such other matters as may be referred to it by the President and shall, subject to the provisions of this Constitution, be responsible to the National Assembly for all things done by or under the authority of the President, Vice-President or any Minister in the execution of his office.

(2) The President shall, so far as practicable and subject to the provisions of this Constitution, consult the Cabinet on matters of policy and the exercise of his functions.

(3) The obligation of the President to consult his Cabinet and for the Cabinet to accept responsibility under this section shall not apply to the exercise by the President of his powers in relation to the appointment or removal of the Vice-President, Ministers and Deputy Ministers, the dissolution of Parliament, the Prerogative of Mercy, the assignment of responsibility to the Vice-President or any Minister and the specification of the functions of a Deputy Minister.

(4) A Minister shall be responsible, under the direction of the President, for such business of the government of _____ (including the administration of any department of Government) as the President may assign to him.

(5) A Deputy Minister shall —

(a) assist the President or the Vice-President in the discharge of such of the functions of the office of President or Vice-President as the President may specify; or

(b) assist such Minister in the discharge of the functions assigned to him under subsection (4) of this section as the President may specify.

[edit] Attorney-General

56. (1) There shall be an Attorney-General whose office shall be a public office.

(2) The Attorney-General shall be the principal legal adviser to the Government of _____.

(3) The Attorney-General shall have power in any case in which he considers it desirable to do so —

(a) to institute and undertake criminal proceedings against any person before any court (other than a court-martial) in respect of any offense alleged to have been committed by that person;

(b) to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and

(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.

(4) The powers of the Attorney-General under subsection (3) may be exercised by him in person or by officers subordinate to him acting in accordance with his general or special instructions.

(5) The powers conferred on the Attorney-General by paragraphs (b) and (c) of subsection (3) shall be vested in him to the exclusion of any other person or authority:

Provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court.

(6) For the purposes of this section, any appeal from any judgment in any criminal proceedings before any court, or any case stated or question of law reserved for the purpose of any such proceedings, to any other court shall be deemed to be part of those proceedings:

Provided that the power conferred on the Attorney-General by paragraph (c) of subsection (3) of this section shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such a person.

(7) In the exercise of the functions vested in him by subsection (3) of this section, the Attorney-General shall not be subject to the direction or control of any other person or authority.

[edit] Permanent Secretaries

57. Where any Minister has been charged with responsibility for any department of Government, he shall exercise general direction and control over that department and, subject to such direction and control, the department shall be under the supervision of a Permanent Secretary whose office shall be a public office.

[edit] CHAPTER V: Parliament

[edit] PART I: Composition

[edit] Parliament

58. There shall be a Parliament of _____ which shall consist of the President and a National Assembly.

[edit] Composition of National Assembly

59. (1) The President shall be ex-officio a member of the National Assembly, and shall be entitled to speak and to vote in all proceedings of the National Assembly.

(2) In addition to the President the National Assembly shall consist of —

(a) 72 Elected Members who shall be elected in accordance with the provisions of section sixty-four and subject thereto in accordance with the provisions of any Act of Parliament;

(b) 24 Specially Elected Members who shall be elected by the Members contemplated in paragraph (a) according to the principle of proportional representation, each voter having one transferable vote;

(c) twelve Members nominated by the President of whom two shall be nominated from each district; and

(d) the Attorney-General.

[edit] Speaker

60. (1) There shall be a Speaker of the National Assembly who shall be elected by the Members of the Assembly from among persons who are Members of the Assembly.

(2) The President, the Vice-President, a Minister, a Deputy Minister or a public officer shall not be qualified to be elected as Speaker.

(3) The Speaker shall vacate his office —

(a) if he ceases to be a Member of the National Assembly, otherwise than by reason of a dissolution of Parliament;

(b) if any circumstances arise that, if he were not Speaker, would disqualify him for election as such;

(c) if he is required, by virtue of subsections (2) to (3) of section sixty-eight of this Constitution, to cease to perform his functions as a Member of the Assembly;

(d) if he is removed from office by a resolution of the Assembly; or

(e) when the Assembly first sits after any dissolution of Parliament.

(4) No business shall be transacted in the National Assembly (other than an election to the office of Speaker) at any time when the office of Speaker is vacant.

[edit] Deputy Speaker

61. (1) There shall be a Deputy Speaker of the National Assembly who shall be elected from among the persons who are Members of the Assembly other than the President, the Vice-President, Ministers or Deputy Ministers.

(2) The Members of the National Assembly shall elect a person to the office of Deputy Speaker when the Assembly first sits after any dissolution and, if the office becomes vacant otherwise than by reason of the dissolution of the Assembly, at the first sitting of the Assembly after the office becomes vacant.

(3) The Deputy Speaker shall vacate his office —

(a) if he ceases to be a Member of the National Assembly, otherwise than by reason of a dissolution of Parliament;

(b) if any circumstances arise that, if he were not Deputy Speaker, would disqualify him for election as such;

(c) if he is required, by virtue of subsections (2) to (3) of section sixty-eight of this Constitution, to cease to perform his functions as a Member of the Assembly;

(d) if he is elected as Speaker;

(e) if he is removed from office by a resolution of the Assembly; or

(f) when the Assembly first sits after any dissolution of Parliament.

[edit] Qualifications for Election to National Assembly

62. Subject to the provisions of section sixty-three of this Constitution, a person shall be qualified to be elected as a Member of the National Assembly if, and shall not be qualified to be so elected unless —

(a) he is a citizen of _____;

(b) he has attained the age of 21 years;

(c) he is qualified for registration as a voter for the purposes of the election of the Elected Members of the National Assembly and is so registered; and

(d) he is able to speak, and, unless incapacitated by blindness or other physical cause, to read English well enough to take an active part in the proceedings of the Assembly.

[edit] Disqualifications for Membership of National Assembly

63. (1) No person shall be qualified to be elected as a Member of the National Assembly who —

(a) is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state;

(b) has been declared insolvent or adjudged or otherwise declared bankrupt under any law for the time being in force in _____ and has not been discharged, or has made a composition with his creditors and has not paid his debts in full;

(c) is certified to be insane or otherwise adjudged or declared to be of unsound mind under any law for the time being in force in _____;

(d) subject to such exceptions as may be prescribed by Parliament, holds any public office, or is acting in any public office by virtue of a contract of service expressed to continue for a period exceeding six months;

(e) is under a sentence of imprisonment (by whatever name called) exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court;

(f) holds, or is acting in, any office the functions of which involve any responsibility for, or in connection with, the conduct of any elections to the Assembly or the compilation or revision of any electoral register for the purposes of such elections.

(2) Parliament may provide that a person shall not be qualified for election to the National Assembly for such period (not exceeding five years) as may be prescribed if he is convicted of any such offense connected with elections to the Assembly as may be prescribed.

(3) For the purposes of this section two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms, and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

[edit] Election of Members of the National Assembly

64. (1) For the purpose of filling the 72 seats in the National Assembly referred to in paragraph (a) of subsection (2) of section fifty-nine, the total number of votes cast in a general election for these seats shall be divided by 72 and the result shall constitute the quota of votes per seat.

(2) The total number of votes cast in favor of a registered political party which offers itself for this purpose shall be divided by the quota of votes per seat and the result shall, subject to subsection (3), constitute the number of seats to which that political party shall be entitled in the National Assembly.

(3) Where the formula set out in subsection (2) yields a surplus fraction not absorbed by the number of seats allocated to the political party concerned, such surplus shall compete with other similar surpluses accruing to any other political party or parties participating in the election, and any undistributed seat or seats (in terms of the formula set out in subsection (2)) shall be awarded to the party or parties concerned in sequence of the highest surplus.

(4) Subject to the requirements pertaining to the qualification of Members of the National Assembly, a political party which qualifies for seats in terms of subsections (2) and (3) shall be free to choose in its own discretion which persons to nominate as Members of the National Assembly to fill the said seats.

(5) Provision shall be made by Act of Parliament for all parties participating in an election of Members of the National Assembly to be represented at all material stages of the election process and to be afforded a reasonable opportunity for scrutinizing the counting of the votes cast in such election.

[edit] Appointment of Independent Electoral Commission

65. (1) There shall be an Independent Electoral Commission which shall consist of —

(a) a Chairman who shall be a judge of the High Court appointed by the Judicial Service Commission;

(b) a legal practitioner appointed by the Judicial Service Commission; and

(c) five other persons who are fit, proper and impartial, appointed by the Judicial Service Commission from a list of persons recommended by the All Party Conference.

(2) Where the All Party Conference fail to agree on all or any number of persons referred to in paragraph (c) of subsection (1) of this section up to dissolution of Parliament, the Judicial Service Commission shall appoint such person or persons as are necessary to fill any vacancy.

(3) For the purposes of this section, “All Party Conference” means a meeting of all registered political parties convened from time to time by the Minister.

(4) The first appointments of the Chairman and the Members of the Commission shall be made not later than January 31, 1970, and thereafter subsequent appointments shall be made at the last dissolution of every two successive lives of Parliament.

(5) The Chairman and the members of the Commission shall hold office for a period of two successive lives of Parliament.

(6) A person shall not be qualified to be appointed as a member of the Independent Electoral Commission if —

(a) he has been declared insolvent or adjudged or otherwise declared bankrupt under any law in force in _____ and has not been discharged, or has made a composition with his creditors and has not paid his debts in full; or

(b) he has been convicted of any offense involving dishonesty in any country.

(7) A person appointed a member of the Commission shall not enter upon the duties of the office of Commissioner until he has taken and subscribed the oath of allegiance and such oath for the due execution of his office as may be prescribed by an Act of Parliament.

(8) The Commission shall regulate its own procedure and proceedings.

(9) The Chairman shall preside over all proceedings, and in his absence, the legal practitioner referred to in paragraph (b) of subsection (1) shall preside over the proceedings.

(10) The quorum shall be four members, one of whom shall be the Chairman or the said legal practitioner.

(11) All issues shall be decided by the decision of the majority of the members present and voting.

(12) The Commission shall be responsible for —

(a) the conduct and supervision of elections of the Elected Members of the National Assembly and members of a local authority, and conduct of a referendum;

(b) giving instructions and directions to the Secretary of the Commission appointed under section sixty-six in regard to the exercise of his functions under the electoral law prescribed by an Act of Parliament;

(c) ensuring that elections are conducted efficiently, properly, freely and fairly; and

(d) performing such other functions as may be prescribed by an Act of Parliament.

(13) The Commission shall on the completion of any election conducted by it, submit a report on the exercise of its functions under the preceding provisions of this section to the Minister for the time being responsible for matters relating to such elections, and that Minister shall, not later than seven days after the National Assembly first meets after he has received the report, lay it before the National Assembly.

[edit] Appointment of Secretary to Independent Electoral Commission

66. (1) There shall be a Secretary to the Independent Electoral Commission referred to in section sixty-five (in this section referred to as “the Secretary”).

(2) The Secretary shall be appointed by the President.

(3) The functions of the Secretary shall, subject to the directions and supervision of the Independent Electoral Commission, be to exercise general supervision over the registration of voters for elections of —

(a) the Elected Members of the National Assembly; and

(b) the members of any local authority, and over the conduct of such elections.

(4) A person shall not be qualified to be appointed as Secretary to the Independent Electoral Commission if —

(a) he is not a citizen of _____;

(b) he has been declared insolvent or adjudged or otherwise declared bankrupt under any law in force in _____ and has not been discharged, or has made a composition with his creditors and has not paid his debts in full; or

(c) he has been convicted of any offense involving dishonesty in any country.

(5) A person shall not enter upon the duties of the office of Secretary until he has taken and subscribed to the oath of allegiance and such oath for the due execution of his office as may be prescribed by an Act of Parliament.

(6) For the purposes of the exercise of his functions under subsection (3) of this section, the Secretary may give such directions as he considers necessary or expedient to any registering officer, presiding officer or returning officer relating to the exercise by that officer of his functions under any law regulating the registration of voters or the conduct of elections, and any officer to whom directions are given under this subsection shall comply with those directions.

(7) Subject to the provisions of this section, a person holding office as Secretary shall vacate that office on attaining the age of 65 years or such other age as may be prescribed by an Act of Parliament.

(8) A holder of the office of Secretary may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of body or mind or from any other cause) or for misbehavior, and shall not be so removed except in accordance with the provisions of this section.

(9) If the President considers that the question of removing the Secretary ought to be investigated then —

(a) he shall appoint a tribunal which shall consist of a Chairman and not less than two members who hold or have held high judicial office;

(b) the tribunal shall inquire into and report on the facts thereof to the President and advise the President whether the Secretary ought to be removed from office under this section for inability to perform the functions of his office or for misbehavior.

(10) Where a tribunal appointed under subsection (9) advises the President that the Secretary ought to be removed for inability to perform the functions of his office or for misbehavior, the President shall remove him from office.

(11) If the question of removing the Secretary from office has been referred to a tribunal under subsection (9) of this section, the President may suspend him from performing the functions of his office, and any such suspension may at any time be revoked by the President and shall cease to have effect if the tribunal advises the President that the Secretary ought not to be removed from office.

[edit] Tenure of Office of Members

67. (1) The seat of an Elected Member, a Specially Elected Member or a Member nominated by the President under paragraph (c) of subsection (2) of section fifty-nine shall become vacant —

(a) upon the dissolution of Parliament;

(b) if he is absent from the sittings of the Assembly for such period and in such circumstances as may be prescribed in the rules of procedure of the Assembly;

(c) subject to the provisions of subsections (2) to (3) of this section, if any circumstances arise that, if he were not a Member of the Assembly, would cause him to be disqualified for election thereto.

(2) If circumstances such as are referred to in paragraph (c) of the preceding subsection arise in relation to a Member of the Assembly by virtue of the fact that he is declared insolvent, adjudged to be of unsound mind, sentenced to death or imprisonment, or convicted of an election offense and it is open to the Member to appeal against the decision (either with the leave of the court or other authority or without such leave), he shall forthwith cease to perform his functions as a Member of the Assembly but, subject to the next following subsection, he shall not vacate his seat until the expiration of a period of 30 days thereafter:

Provided that the Speaker may, at the request of the Member, from time to time extend that period for further periods of 30 days to enable the Member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate 150 days shall not be given without the approval of the Assembly signified by resolution.

(3) If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the Member of the Assembly, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the Member to appeal, he shall forthwith vacate his seat.

(4) If at any time before the Member of the Assembly vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant by reason of those circumstances, and he may resume the performance of his functions as a Member of the Assembly.

[edit] Determination of Questions as to Membership of National Assembly

68. (1) The High Court shall have jurisdiction to hear and determine any question whether —

(a) any person has been validly elected as an Elected Member of the National Assembly or the seat of any such Member has become vacant;

(b) any person has been validly elected as Speaker of the Assembly or, having been so elected, has vacated the office of Speaker.

(2) Any question whether any person has been validly elected as a Specially Elected Member of the National Assembly or whether the seat of any such Member has become vacant shall be determined by the Speaker.

(3) Parliament may make provision with respect to —

(a) the persons who may apply to the High Court for the determination of any question under this section;

(b) the circumstances and manner in which the conditions upon which any such application may be made; and

(c) the powers, practice and procedure of the High Court in relation to any such application.

[edit] Clerk of the Assembly

69. (1) There shall be a Clerk of the National Assembly and an Assistant Clerk of the National Assembly and their offices shall be offices in the public service.

(2) There shall be such other offices in the department of the Clerk of the Assembly as may be prescribed by resolution of the National Assembly and such offices shall be offices in the public service.

[edit] PART II: General Provisions Relating to Procedure in National Assembly

[edit] Oaths to be taken by Speaker and Members

70. The Speaker, before assuming the duties of his office, and every Member of the National Assembly before taking his seat therein, shall take and subscribe before the Assembly such oaths as may be prescribed by Parliament.

[edit] Presiding in Assembly

71. There shall preside at any sitting of the National Assembly —

(a) the Speaker;

(b) in the absence of the Speaker, the Deputy Speaker; or

(c) in the absence of the Speaker and the Deputy Speaker, such Member of the Assembly (not being the President or Vice-President or a Minister or Deputy Minister) as the Assembly may elect for that sitting.

[edit] Quorum in Assembly

72. If objection is taken by any Member of the National Assembly present that there are present in the Assembly (besides the person presiding) less than one third of the Members of the Assembly and, after such interval as may be prescribed in the rules of procedure of the Assembly, the person presiding ascertains that the number of Members present is less than one third, he shall thereupon adjourn the Assembly.

[edit] Voting in Assembly

73. (1) Save as otherwise provided in this Constitution, any question proposed for decision in the National Assembly shall be determined by a majority of the votes of the Members present and voting.

(2) The Attorney-General shall have no vote.

(3) The person presiding in the National Assembly shall have neither an original vote nor a casting vote and if upon any question before the Assembly the votes are equally divided the motion shall be lost.

[edit] Unqualified Persons sitting or voting

74. Any person who sits or votes in the National Assembly knowing or having reasonable grounds for knowing that he is not entitled to do so shall be liable to a penalty not exceeding 500 shillings or such other sum as may be prescribed by Parliament for each day on which he so sits or votes in the Assembly, which shall be recoverable by action in the High Court at the suit of the Attorney-General.

[edit] Regulation of Procedure in Assembly

75. (1) Subject to the provisions of this Constitution, the National Assembly may regulate its own procedure.

(2) The National Assembly may act notwithstanding any vacancy in its membership (including any vacancy not filled when the Assembly first meets after any dissolution) and the presence or participation of any person not entitled to be present or to participate in the proceedings of the Assembly shall not invalidate those proceedings.

[edit] PART III: Powers of Parliament

[edit] Legislative Powers

76. Parliament shall, subject to the provisions of section three, have full power to make laws for the peace, order and good government of _____.

[edit] Mode of exercising legislative powers

77. (1) The power of Parliament to make laws shall be exercised by Bills passed by the National Assembly and assented to by the President.

(2) When a Bill is presented to the President for his assent he shall either assent or withhold his assent.

(3) When the President withholds his assent the Bill shall be returned to the National Assembly:

Provided that the President may return to the Assembly any Bill presented to him under subsection (2) and may at the same time transmit any amendment which he may recommend and the Assembly may deal with the recommendations.

(4) If after such recommendation two-thirds of all the Members of the National Assembly shall agree to pass the Bill, it shall become a law notwithstanding the provisions of subsection (2) and in which case the signature of the Speaker shall replace the assent of the President.

(5) When a Bill that has been duly passed and presented for assent is assented to in accordance with the provisions of this Constitution it shall become law and the President shall thereupon cause it to be published in the Gazette as a law.

(6) No law made by Parliament shall come into operation until it has been published in the Gazette, but Parliament may postpone the coming into operation of any such law.

(7) All laws made by Parliament shall be styled "Acts" and the words of enactment shall be "enacted by the Parliament of _____".

[edit] Introduction of Bills

78. Except upon the recommendation of the President, which recommendation may be signified by the Vice-President or a Minister, the National Assembly shall not —

(a) proceed upon any Bill (including any amendment to a Bill) that, in the opinion of the person presiding, makes provision for any of the following purposes —

(i) for the imposition of taxation or the alteration of taxation otherwise than by reduction;
(ii) for the imposition of any charge upon the revenues or other funds of _____ or the alteration of any such charge otherwise than by reduction;
(iii) for the payment, issue or withdrawal from any public fund of _____ of any moneys not charged thereon or any increase in the amount of such payment, issue or withdrawal; or
(iv) for the composition or remission of any debt to the Government of _____;

(b) proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes.

[edit] PART IV: Summoning, Prorogation and Dissolution

[edit] Sessions of Parliament

79. (1) Each session of Parliament shall be held at such place within _____ and shall commence at such time as the President may appoint.

(2) There shall be a session of Parliament at least once in every year so that a period of six months shall not intervene between the last sitting of Parliament in one session and the first sitting thereof in the next session.

(3) Whenever Parliament is dissolved a general election of the Elected Members of the Assembly shall be held within 60 days of the date of the dissolution and a session of Parliament shall be appointed to commence within 30 days of the date of that general election.

[edit] Prorogation and dissolution of Parliament

80. (1) The President may at any time prorogue Parliament.

(2) Subject to the provisions of this Constitution, the President may at any time dissolve Parliament.

(3) Subject to the provisions of subsection (4) of this section, Parliament, unless sooner dissolved, shall continue for five years from the date of the first sitting of the National Assembly after any dissolution and shall then stand dissolved.

(4) At any time when _____ is at war, Parliament may from time to time extend the period of five years specified in subsection (3) of this section for not more than 12 months at a time:

Provided that the life of Parliament shall not be extended under this subsection for more than five years.

(5) If, after a dissolution of Parliament and before the holding of the general election of the Elected Members of the National Assembly, the President considers that, owing to the existence of a state of war or of a state of emergency in _____ or any part thereof, it is necessary to recall Parliament, the President may summon the Parliament that has been dissolved to meet and that Parliament shall be deemed to be the Parliament for the time being, but the general election of the Elected Members of the National Assembly shall proceed and the Parliament that has been recalled shall, if not sooner dissolved, again stand dissolved on the day before the day on which the election is held.

[edit] Vote of no confidence in the Government

81. If the National Assembly at any time passes a resolution supported by a majority of all the Members of the Assembly who are entitled to vote declaring that it has no confidence in the Government of _____, Parliament shall stand dissolved on the fourth day following the day on which such resolution was passed, unless the President earlier resigns his office or dissolves Parliament.

[edit] Sittings of National Assembly

82. (1) The President may at any time summon a meeting of the National Assembly.

(2) Subject to the provisions of this Constitution, the sittings of the National Assembly in any session of Parliament after the commencement of that session shall be commenced at such times and on such days as the Assembly shall appoint.

[edit] CHAPTER VI: The Judicature

[edit] PART I: The High Court

[edit] Jurisdiction and composition

83. (1) There shall be for _____ a High Court which shall have unlimited original jurisdiction to hear and determine any civil or criminal proceedings under any law and such other jurisdiction and powers as may be conferred on it by this Constitution or any other law.

(2) The judges of the High Court shall be the Chief Justice and such number of other judges of the Court as may be prescribed by Parliament:

Provided that the office of a judge of the High Court shall not be abolished while there is a substantive holder thereof.

(3) The High Court shall be a superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.

(4) The High Court shall sit in such places as the Chief Justice may appoint.

(5) The High Court shall have jurisdiction to supervise any civil or criminal proceedings before any subordinate court or any court martial and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of ensuring that justice is duly administered by any such court.

(6) The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on it by subsection (5) of this section.

(7) The Chief Justice may appoint a Rules of Court Advisory Committee to assist him in reviewing and overhauling the rules made under subsection (6) and to advise on proposals to update and amend such rules.

[edit] Appointment of Judges of High Court

84. (1) The Chief Justice shall be appointed by the President.

(2) The other judges of the High Court shall be appointed by the President, acting in accordance with the advice of the Judicial Service Commission.

(3) A person shall not be qualified to be appointed as a judge of the High Court unless —

(a) he holds, or has held office, as a judge of a court having unlimited jurisdiction in civil and criminal matters in _____; or

(b) he is qualified to practice as an advocate or attorney in such a court and has been qualified for not less than ten years to practise as an advocate or attorney in such a court;

(c) he is qualified to practice as an advocate or attorney and he has had the experience in the teaching of law in a recognized university for not less than ten years; or

(d) he is a Chief Magistrate who has held that office for not less than five years.

(4) In computing, for the purposes of subsection (3) of this section, the period during which any person has been qualified to practice as an advocate or attorney any period during which he has held judicial office after becoming so qualified shall be included.

(5) If the office of Chief Justice is vacant or if the Chief Justice is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the Chief Justice has resumed those functions, as the case may be, those functions shall be performed by such one of the judges of the High Court or such other person qualified for appointment as a judge of the High Court as the President may appoint for that purpose:

Provided that —

(i) a person may be appointed under this subsection notwithstanding that he has attained the age of 70 years or such other age as may be prescribed for the purposes of section eighty-five of this Constitution;
(ii) a person appointed under this subsection, who is not a judge of the High Court, may, notwithstanding the assumption or resumption of the functions of the office of Chief Justice by the holder of that office, continue to act as a judge of the High Court for so long thereafter and to such extent as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him previously thereto.

(6) If the office of any judge of the High Court is vacant, or if any such judge is appointed to act as Chief Justice, or is for any reason unable to perform the functions of his office, or if the President, acting after consultation with the Chief Justice, is satisfied that the state of business in the High Court requires that the number of judges of the court should be temporarily increased, the President, acting in accordance with the advice of the Judicial Service Commission, may appoint a person qualified for appointment as a judge of the High Court to act as a judge of that court:

Provided that a person may be so appointed notwithstanding that he has attained the age of 70 years or such other age as may be prescribed for the purposes of section eighty-six of this Constitution.

(7) Any person appointed under subsection (6) of this section to act as a judge of the High Court shall, subject to the provisions of subsections (4) and (5) of section eighty-six of this Constitution, continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the President, acting in accordance with the advice of the Judicial Service Commission:

Provided that the President, acting in accordance with the advice of the Judicial Service Commission, may permit a person whose appointment to act as a judge of the High Court has expired or been revoked to continue to act as such a judge for such period as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him previously thereto.

[edit] Tenure of office of judges of High Court

86. (1) Subject to the provisions of this section, a person holding the office of a judge of the High Court shall vacate that office on attaining the age of 70 years or such other age as may be prescribed by Parliament:

Provided that the President, acting in accordance with the advice of the Judicial Service Commission, may permit a judge who has attained that age to continue in office for such period as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age.

(2) A judge of the High Court may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of body or mind or from any other cause) or for misbehavior, and shall not be so removed except in accordance with the provisions of this section.

(3) If the President considers that the question of removing a judge of the High Court under this section ought to be investigated then —

(a) he shall appoint a tribunal which shall consist of a Chairman and not less than two other members, who hold or have held high judicial office;

(b) the tribunal shall inquire into the matter and report on the facts thereof to the President and advise the President whether the judge ought to be removed from office under this section for inability as aforesaid or for misbehavior.

(4) Where a tribunal appointed under subsection (3) of this section advises the President that a judge of the High Court ought to be removed from office for inability as aforesaid or for misbehaviour, the President shall remove such judge from office.

(5) If the question of removing a judge of the High Court from office has been referred to a tribunal under subsection (3) of this section, the President may suspend the judge from performing the functions of his office, and any such suspension may at any time be revoked by the President and shall in any case cease to have effect if the tribunal advises the President that the judge ought not to be removed from office.

[edit] Oaths to be Taken by Judges of High Court

87. A judge of the High Court shall not enter upon the duties of his office unless he has taken and subscribed such oath for the due execution of his office as may be prescribed by Parliament.

[edit] PART II: Court of Appeal

[edit] Composition and Jurisdiction

88. (1) There shall be a Court of Appeal for _____ which shall have such jurisdiction and powers as may be conferred on it by this Constitution or any other law.

(2) The judges of the Court of Appeal shall be —

(a) the President of the Court of Appeal;

(b) such number, if any, of Justices of Appeal as may be prescribed by Parliament; and

(c) the Chief Justice and the other judges of the High Court:

Provided that Parliament may make provision for the office of President of the Court of Appeal to be held by the Chief Justice ex-officio.

(3) The office of a Justice of Appeal shall not be abolished while there is a substantive holder thereof.

(4) The Court of Appeal shall be a superior court of record and save as otherwise provided by Parliament shall have all the powers of such a court.

[edit] Appointment of Judges of Court of Appeal

89. (1) The President of the Court of Appeal shall, unless that office is held ex-officio by the Chief Justice, be appointed by the President.

(2) The Justices of Appeal, if any, shall be appointed by the President, acting in accordance with the advice of the Judicial Service Commission.

(3) A person shall not be qualified to be appointed as a judge of the Court of Appeal unless —

(a) he holds, or has held office as, a judge of a court having unlimited jurisdiction in civil and criminal matters in _____; or

(b) he is qualified to practice as an advocate or attorney in such a court and has been qualified for not less than ten years to practise as an advocate or attorney in such a court; or

(c) he is qualified to practice as an advocate or attorney and he has had experience in the teaching of law in a recognized university for not less than ten years.

(4) In computing, for the purposes of subsection (3) of this section, the period during which any person has been qualified to practise as an advocate or attorney any period during which he has held judicial office after becoming so qualified shall be included.

(5) If the office of President of the Court of Appeal is vacant or if the President of the Court of Appeal is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the President of the Court of Appeal has resumed those functions, as the case may be, those functions shall be performed by such one of the other judges of the Court of Appeal or such other person qualified for appointment as a judge of the Court of Appeal as the President may appoint for that purpose:

Provided that —

(i) a person may be appointed under this subsection notwithstanding that he has attained the age of 70 years or such other age as may be prescribed for the purposes of section ninety of this Constitution;
(ii) a person appointed under this subsection, who is not a judge of the Court of Appeal, may, notwithstanding the assumption or resumption of the functions of the office of President of the Court of Appeal by the holder of that office, continue to act as a judge of the Court of Appeal for so long thereafter and to such extent as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him previously thereto.

(6) If the office of a Justice of Appeal is vacant or if any Justice of Appeal is appointed to act as Chief Justice or President of the Court of Appeal or is for any reason unable to perform the functions of his office, the President, acting in accordance with the advice of the Judicial Service Commission, may appoint a person qualified for appointment as a Justice of Appeal to act as a Justice of Appeal:

Provided that a person may be so appointed notwithstanding that he has attained the age of 70 years or such other age as may be prescribed for the purposes of section ninety of this Constitution.

(7) Any person appointed under subsection (6) of this section to act as a Justice of Appeal, shall subject to the provisions of subsections (4) and (5) of section ninety of this Constitution, continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the President, acting in accordance with the advice of the Judicial Service Commission:

Provided that the President, acting in accordance with the advice of the Judicial Service Commission, may permit a person whose appointment to act as a Justice of Appeal has expired or been revoked to continue to act as such a judge for such period as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him previously thereto.

[edit] Tenure of Office of Judges of Court of Appeal

90. (1) Subject to the provisions of this section, a person holding the office of a judge of the Court of Appeal shall vacate that office on attaining the age of 70 years or such other age as may be prescribed by Parliament:

Provided that —

(i) the President, acting in accordance with the advice of the Judicial Service Commission, may permit a judge who has attained that age to continue in office for such period as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age;
(ii) a person may be appointed as President of the Court of Appeal or as a Justice of Appeal for a fixed period of three years notwithstanding that he has attained the age referred to in this subsection or that he will before the expiry of his appointment have attained that age; and
(iii) the appointment as President of the Court of Appeal or as Justice of Appeal serving for a fixed period under paragraph (ii) above shall not affect the date at which he is due to retire.

(2) A judge of the Court of Appeal may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of body or mind or from any other cause) or for misbehavior, and shall not be so removed except in accordance with the provisions of this section.

(3) If the President considers that the question of removing a judge of the Court of Appeal under this section ought to be investigated then —

(a) he shall appoint a tribunal which shall consist of a Chairman and not less than two other members, who hold or have held high judicial office;

(b) the tribunal shall inquire into the matter and report on the facts thereof to the President and advise the President whether the judge ought to be removed from office under this section for inability as aforesaid or for misbehavior.

(4) Where a tribunal, appointed under subsection (3) of this section, advises the President that a judge of the Court of Appeal ought to be removed from office for inability as aforesaid or for misbehavior, the President shall remove such judge from office.

(5) If the question of removing a judge of the Court of Appeal from office has been referred to a tribunal under subsection (3) of this section, the President may suspend the judge from performing the functions of his office, and any such suspension may at any time be revoked by the President and shall in any case cease to have effect if the tribunal advises the President that the judge ought not to be removed from office.

[edit] Oaths to be Taken by Judges of Court of Appeal

91. A judge of the Court of Appeal shall not enter upon the duties of his office unless he has taken and subscribed such oath for the due execution of his office as may be prescribed by Parliament.

[edit] PART III: Judicial Service Commission

[edit] Composition and Procedure

92. (1) There shall be a Judicial Service Commission for _____ which shall consist of —

(a) the Chief Justice who shall be Chairman;

(b) the President of the Court of Appeal (not being the Chief Justice or the most Senior Justice of the Court of Appeal);

(c) the Attorney-General;

(d) the Chairman of the Public Service Commission;

(e) a member of the Law Society nominated by the Law Society; and

(f) a person of intergrity and experience not being a legal practitioner appointed by the President.

(2) A member nominated under paragraph (e) or appointed under paragraph (f) of subsection (1) shall hold office for a period of two years, but shall be eligible for re-nomination or re-appointment, as the case may be, for another term of office for two years:

Provided that —

(i) a member nominated under paragraph (e) may be removed from office by the rest of the members of the Commission acting together only for inability of the member to discharge the functions of his office whether arising from infirmity of mind or body or any other cause or for gross misbehavior; or
(ii) a member appointed under paragraph (f) may be removed from office by the President only for inability of the member to discharge the functions of his office whether arising from infirmity of mind or body or any other cause or for gross misbehavior.

(3) A member of the Commission shall not enter upon the duties of his office until he has taken and subscribed such oath for the due execution of his office as may be prescribed by Parliament.

(4) The Judicial Service Commission shall not be subject to the direction or control of any other person or authority in the exercise of its functions under this Constitution.

(5) The Commission may regulate its own procedure and, subject to that procedure, may act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings.

(6) The decisions of the Commission shall be by the vote of a majority of the members present, and in the event of an equality of votes, the Chairman shall have a casting vote.

[edit] Appointment, etc., of Judicial Officers

93. (1) Power to appoint persons to hold or act in offices to which this section applies, to exercise disciplinary control over persons holding or acting in such offices and to remove such persons from office shall vest in the President acting in accordance with the advice of the Judicial Service Commission.

(2) The offices to which this section applies are —

(a) the office of Registrar of the Court of Appeal and High Court;

(b) all offices of magistrate;

(c) such other offices of President or member of any court or connected with any court as may be prescribed by or under an Act of Parliament.

(3) In this section references to a court do not include references to a court martial.

[edit] PART IV: Interpretation of the Constitution

[edit] Reference to High Court of Cases Involving Interpretation of Constitution

94. (1) Where any question as to the interpretation of this Constitution arises in any proceedings in any subordinate court and the court is of the opinion that the question involves a substantial question of law, the court may, and shall, if any party to the proceedings so requests, refer the question to the High Court.

(2) Where any question is referred to the High Court in pursuance of this section, the High Court shall give its decision upon the question and the court in which the question arose shall, subject to any appeal, dispose of the case in accordance with that decision.

[edit] Appeal to Court of Appeal

95. An appeal shall lie as of right to the Court of Appeal from any decision of the High Court which involves the interpretation of this Constitution, other than a decision of the High Court under subsection (1) of section sixty-eight of this Constitution:

Provided that no appeal shall lie from a determination of the High Court under this section dismissing an application on the ground that it is frivolous or vexatious.

[edit] CHAPTER VII: The Public Service

[edit] Power to Specify Qualifications for Certain Offices

96. Subject to the provisions of this Constitution and of any Act of Parliament, power to specify the qualifications and disqualifications for holding such public offices as he may constitute shall vest in the President.

[edit] Public Service Commission

97. (1) There shall be a Public Service Commission for _____ which shall consist of a Chairman and not less than two nor more than four other members.

(2) The members of the Public Service Commission shall be appointed by the President.

(3) A person shall not be qualified for appointment as a member of the Public Service Commission if he is a Member of the National Assembly or a public officer, or is or has within the two years immediately preceding his appointment been actively engaged in politics.

(4) Subject to the provisions of this section, the office of a member of the Public Service Commission shall become vacant —

(a) at the expiration of three years from the date of his appointment;

(b) if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such; or

(c) if he is removed from office in accordance with the provisions of subsection (5) of this section.

(5) Subject to subsection (6) of this section a member of the Public Service Commission may be removed from office by the President for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior.

(6) If the President considers that the question of removing a member of the Public Service Commission under subsection (5) of this section ought to be investigated, then —

(a) the President shall appoint a tribunal which shall consist of a Chairman and not less than two other members selected by the Chief Justice from among persons who hold or have held high judicial office; and

(b) the tribunal shall inquire into the matter and report on the facts thereof to the President and recommend to him whether the member ought to be removed under subsection (6) of this section, and the President shall act in accordance with that recommendation.

(7) A member of the Public Service Commission shall not be removed from office except in accordance with the provisions of this section.

(8) If the office of Chairman of the Public Service Commission is vacant or if the person holding that office is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, those functions shall be performed by such one of the other members of the Commission as may be designated in that behalf by the President.

(9) If at any time there are less than two members of the Public Service Commission besides the Chairman or if any such member is appointed to act as Chairman or is for any reason unable to perform the functions of his office, the President may appoint a person who is qualified for appointment as a member of the Commission to act as a member, and any person so appointed shall, subject to the provisions of paragraph (b) of subsection (4) of this section, continue to act until the office in which he is acting is filled, or as the case may be, until the holder thereof resumes his functions or until his appointment to act is revoked by the President.

(10) Except as provided in subsection (12) of this section the Public Service Commission shall not be subject to the direction or control of any other person or authority in the exercise of its functions under this Constitution.

(11) A member of the Commission shall not enter upon the duties of his office until he has taken and subscribed the oath of allegiance and such oath for the due execution of his office as may be prescribed by Parliament.

(12) Provision may be made by or under an Act of Parliament prescribing the procedure of the Commission and, subject thereto, the Commission may regulate its own procedure.

(13) Except as may be otherwise provided in its rules or procedure, the Commission may act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings.

(14) Any decision of the Commission shall require the concurrence of a majority of all the members thereof.

(15) A member of the Commission shall not, during the tenure of his office or during the three years immediately following such tenure, be eligible for appointment to any public office other than that of ambassador or other principal representative of _____ in any other country or accredited to any international organization.

[edit] Appointment, etc., of Public Officers

98. (1) Subject to the provisions of this section and of sections ninety-nine, one hundred and one and one hundred and two of this Constitution, power to appoint persons to hold or to act in any office in the public service, to exercise disciplinary control over persons holding or acting in such offices and to remove from such offices shall vest in such person or persons as may be prescribed by Act of Parliament.

(2) The provisions of this section shall not apply in relation to the following offices, that is to say —

(a) the office of judge of the Court of Appeal or of the High Court;

(b) any office to which section ninety-three or one hundred of the Constitution applies.

(3) Before any person or persons as may have been prescribed under the provisions of subsection (1) exercise power to appoint to or to act in any public office any person who holds or is acting in any office the power to make appointments to which is vested by this Constitution in the President acting in accordance with the advice of the Judicial Service Commission such person shall consult with the Judicial Service Commission.

[edit] Appeals to President

99. (1) Any person other than a member of the _____ Police Force or the Prison Service who has been removed from office or subjected to any other punishment by the exercise of any powers conferred on any person under the provisions of section ninety-right of this Constitution may appeal to the Public Service Commission who may dismiss such appeal or allow it wholly or in part.

(2) Subject to the provisions of subsection (3) every decision of the Public Service Commission under the provisions of this section shall be final.

(3) Notwithstanding anything contained in subsection (2) if the Public Service Commission dismisses an appeal or allows it in part only the person who appealed may appeal to the President.

(4) If any person appeals to the President in accordance with the provisions of subsection (3) of this section the President shall either dismiss the appeal or shall order that it be heard by a tribunal appointed by the President, the Chairman of which shall be a person who holds or has held high judicial office or is qualified to be appointed as a judge of the High Court.

(5) If the President appoints a tribunal to hear an appeal in accordance with subsection (4) of this section the tribunal shall hear the appeal and shall advise the President whether or not the appeal should be allowed either wholly or in part, and the President shall act in accordance with that advice.

[edit] Powers of President in Relation to Certain Public Offices

100. (1) The power to appoint a person to hold or act in offices to which this section applies and to remove from office and to exercise disciplinary control over persons holding or acting in such offices shall, subject to the provisions of sections one hundred and one and one hundred and two of this Constitution, vest in the President.

(2) The offices to which this section applies are —

(a) ambassador or other principal representative of _____ in any other country or accredited to any international organization;

(b) Secretary to the Cabinet;

(c) Attorney-General;

(d) Permanent Secretary;

(e) Inspector-General of Police;

(f) any other superscale office (other than an office to which this Constitution makes specific provision for appointment or an office to which appointment is made under the provisions of section ninety-three of this Constitution) which may be prescribed by Act of Parliament.

[edit] Tenure of Office of Attorney-General

101. (1) Subject to the provisions of this section, a person holding the office of Attorney-General shall vacate his office when he attains the age of 60 years or such other age as may be prescribed by Parliament.

(2) A person holding the office of Attorney-General may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior and shall not be so removed except in accordance with the provisions of this section.

(3) If the President considers that the question of removing a person holding the office of Attorney-General from office ought to be investigated then —

(a) he shall appoint a tribunal which shall consist of a Chairman and not less than two other members, who hold or have held high judicial office; and

(b) the tribunal shall inquire into the matter and report on the facts thereof to the President and advise the President whether the person holding the office of Attorney-General ought to be removed from office under this section for inability as aforesaid or for misbehavior.

(4) Where a tribunal appointed under subsection (3) of this section advises the President that a person holding the office of Attorney-General ought to be removed from office for inability as aforesaid or for misbehavior, the President shall remove such person from office.

(5) If the question of removing a person holding the office of Attorney-General from office has been referred to a tribunal under this section, the President may suspend that person from performing the functions of his office, and any such suspension may at any time be revoked by the President and shall in any case cease to have effect if the tribunal advises the President that the person ought not to be removed from office.

[edit] Tenure of Office of Auditor-General

102. (1) Subject to the provisions of this section, a person holding the office of Auditor-General shall vacate his office when he attains the age of 60 years or such other age as may be prescribed by Parliament.

(2) A person holding the office of Auditor-General may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior and shall not be so removed except in accordance with the provisions of this section.

(3) If the National Assembly resolves that the question of removing a person holding the office of Auditor-General from office under this section ought to be investigated then —

(a) the Assembly shall, by resolution, appoint a tribunal which shall consist of a Chairman and not less than two other members, who hold or have held high judicial office;

(b) the tribunal shall inquire into the matter and report on the facts thereof to the Assembly;

(c) the Assembly shall consider the report of the tribunal at the first convenient sitting of the Assembly after it is received and may, upon such consideration, by resolution, remove the Auditor-General from office.

(4) If the question of removing a person holding the office of Auditor-General from office has been referred to a tribunal under this section, the National Assembly may, by resolution, suspend that person from performing the functions of his office, and any such suspension may at any time be revoked by the Assembly by resolution and shall in any case cease to have effect if, upon consideration of the report of the tribunal in accordance with the provisions of this section, the Assembly does not remove the Auditor-General from office.

[edit] Pensions Laws and Protection of Pensions Rights

103. (1) The law to be applied with respect to any pensions benefits that were granted to any person before the coming into operation of this Constitution shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favorable to that person.

(2) The law to be applied with respect to any pensions benefits (not being benefits to which subsection (1) of this section applies) shall —

(a) in so far as those benefits are wholly in respect of a period of service as a public officer that commenced before the date on which this Constitution comes into operation, be the law that was in force immediately before that date; and

(b) in so far as those benefits are wholly or partly in respect of a period of service as a public officer that commenced after the date on which this Constitution comes into operation, be the law in force on the date on which that period of service commenced, or any law in force at a later date that is not less favorable to that person.

(3) Where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law for which he opts shall, for the purposes of this section, be deemed to be more favorable to him than the other law or laws.

(4) All pensions benefits shall (except to the extent to which under any law providing for the funding of pensions benefits they are a charge on a fund established by that law and have been duly paid out of that fund to the person or authority to whom payment is due) be a charge on the Consolidated Revenue Fund.

(5) In this section "pensions benefits" means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as public officers or as members of the armed forces or for the widows, children, dependents or personal representatives of such persons in respect of such service.

(6) References in this section to the law with respect to pensions benefits include (without prejudice to their generality) references to the law regulating the circumstances in which such benefits may be granted or in which the grant of such benefits may be refused, the law regulating the circumstances in which any such benefits that have been granted may be withheld, reduced in amount or suspended and the law regulating the amount of any such benefits.

(7) In this section references to service as a public officer include references to service as a public officer of the former Protectorate of _____.

[edit] Power of Commissions in Relation to Pensions, etc.

104. (1) Where under any law any person or authority has a discretion—

(a) to decide whether or not any pensions benefits shall be granted; or

(b) to withhold, reduce in amount or suspend any such benefits that have been granted, those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the appropriate Commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them.

(2) Where the amount of any pensions benefits that may be granted to any person is not fixed by law, the amount of the benefits to be granted to him shall be the greatest amount for which he is eligible unless the appropriate Commission concurs in his being granted benefits of a smaller amount.

(3) The appropriate Commission shall not concur under subsection (1) or subsection (2) of this section in action taken on the ground that any person who holds or has held the office of a judge of the Court of Appeal or of the High Court or the Auditor-General or Attorney-General has been guilty of misbehavior unless he has been removed from office by reason of such misbehavior.

(4) In this section "the appropriate Commission" means —

(a) in the case of benefits for which any person may be eligible in respect of the service in the public service of a person who, immediately before he ceased to be a public officer, was subject to the disciplinary control of the Judicial Service Commission or that have been granted in respect of such service, the Judicial Service Commission;

(b) in any other case, the Public Service Commission.

(5) In this section "pensions benefits" means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as public officers (including service as public officers of the former Protectorate of _____) or for the widows, children, dependents or personal representatives of such persons in respect of such service.

[edit] CHAPTER VIII: The Ombudsman

[edit] Establishment and Independence

105. (1) There shall be an Ombudsman, who shall have the powers and functions set out in this Constitution.

(2) The Ombudsman shall be independent and subject only to this Constitution and the law.

(3) No member of the Government or Parliament or any other person shall interfere with the Ombudsman in the exercise of his functions and all organs of the State shall accord such assistance as may be needed for the protection of the independence, dignity and effectiveness of the Ombudsman.

(4) The Ombudsman shall either be a Judge of ______, or a person possessing the legal qualifications which would entitle him to practice in all the Courts of _____.

[edit] Appointment and Tenure of Office

106. The Ombudsman shall be appointed by the National Assembly.

(2) The Ombudsman shall hold office until the age of 60 years.

(3) A person holding the office of Ombudsman may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior and shall not be so removed except in accordance with the provisions of this section.

(4) If the National Assembly resolves that the question of removing a person holding the office of Ombudsman from office under this section ought to be investigated then —

(a) the Assembly shall, by resolution, appoint a tribunal which shall consist of a Chairman and not less than two other members, who hold or have held high judicial office;

(b) the tribunal shall inquire into the matter and report on the facts thereof to the Assembly;

(c) the Assembly shall consider the report of the tribunal at the first convenient sitting of the Assembly after it is received and may, upon such consideration, by resolution, remove the Ombudsman from office.

(5) If the question of removing a person holding the office of Ombudsman from office has been referred to a tribunal under this section, the National Assembly may, by resolution, suspend that person from performing the functions of his office, and any such suspension may at any time be revoked by the Assembly by resolution and shall in any case cease to have effect if, upon consideration of the report of the tribunal in accordance with the provisions of this section, the Assembly does not remove the Ombudsman from office.

[edit] Functions

107. The functions of the Ombudsman shall be defined and prescribed by an Act of Parliament and shall include the following —

(a) the duty to investigate complaints concerning alleged or apparent instances of violations of fundamental rights and freedoms, abuse of power, unfair, harsh, insensitive or discourteous treatment of an inhabitant of _____ by an official in the employ of any organ of Government (whether central or local), manifest injustice, or corruption or conduct by such official which would properly be regarded as unlawful, oppressive or unfair in a democratic society;

(b) the duty to investigate complaints concerning the functioning of the Public Service Commission, administrative organs of the State, the defense force, the police force and the prison service in so far as such complaints relate to the failure to achieve a balanced structuring of such services or equal access by all to the recruitment of such services or fair administration in relation to such services;

(c) the duty to investigate complaints concerning practices and actions by persons, enterprises and other private institutions where such complaints allege that violations of fundamental rights and freedoms under this Constitution have taken place;

(d) the duty and power to take appropriate action to call for the remedying, correction and reversal of instances specified in the preceding paragraphs through such means as are fair, proper and effective, including:

(aa) negotiation and compromise between the parties concerned;
(bb) causing the complaint and his or her finding thereon to be reported to the superior of an offending person;
(cc) bringing proceedings in a competent Court for an interdict or some other suitable remedy to secure the termination of the offending action or conduct, or the abandonment or alteration of the offending procedures;
(dd) bringing proceedings to interdict the enforcement of such legislation or regulation by challenging its validity if the offending action or conduct is sought to be justified by subordinate legislation or regulation which is grossly unreasonable or otherwise ultra vires;
(ee) reviewing such laws as were in operation before the date of independence in order to ascertain whether they violate the letter or the spirit of this Constitution and to make consequential recommendations to the President, the Cabinet or the Attorney- General for appropriate action following thereupon;

(e) the duty to investigate vigorously all instances or alleged or suspected corruption and the misappropriation of public monies by officials and to take appropriate steps, including reports to the Auditor-General pursuant thereto; and

(f) the duty to report annually to the National Assembly on the exercise of his powers and functions.

[edit] Powers of Investigation

108. The powers of the Ombudsman shall be defined by Act of Parliament and shall include the power —

(a) to issue subpoenas requiring the attendance of any person before the Ombudsman and the production of any document or record relevant to any investigation by the Ombudsman;

(b) to cause any person contemptuous of any such subpoena to be prosecuted before a competent Court;

(c) to question any person;

(d) to require any person to co-operate with the Ombudsman and to disclose truthfully and frankly any information within his knowledge relevant to any investigation of the Ombudsman.

[edit] Meaning of "Official"

109. For the purposes of this chapter the word "official" shall, unless the context otherwise indicate, include any elected or appointed official or employee of any organ of the central or local Government, or any officer of the defense force, the police force or the prison service, but shall not include a Judge of the Supreme Court or the High Court or, in so far as a complaint concerns the performance of a judicial function, any other judicial officer.

[edit] CHAPTER IX: Defense and National Security

[edit] PART I: _____ Police Force

[edit] Establishment and Functions of the Police Force

110. (1) There shall be a police force to be known as the _____ Police Force and such other police forces in _____ as Parliament may by law prescribe.

(2) Subject to the provisions of this Constitution, every police force in _____ shall be organized and administered in such a manner and shall have such functions as Parliament may by law prescribe.

(3) The _____ Police Force shall be nationalistic, patriotic, professional, disciplined, competent and productive; and its members shall be citizens of _____ of good character.

(4) The functions of the _____ Police Force shall include the following —

(a) to protect life and property;

(b) to preserve law and order;

(c) to prevent and detect crime; and

(d) to cooperate with the civilian authority and other security organs established under this Constitution and with the population generally.

[edit] Command of the _____ Police Force

111. (1) There shall be an Inspector General of Police and a Deputy Inspector General of Police.

(2) The Inspector General and the Deputy Inspector General of Police shall be appointed by the President, acting in accordance with the advice of the Public Service Commission.

(3) The _____ Police Force shall be under the command of the Inspector General of Police who shall be assisted by the Deputy Inspector General of Police in the performance of his functions.

(4) In the performance of the functions under subsection (3) of this section, the Inspector General of Police shall be subject to and act in accordance with the laws of Uganda; except that on matters of policy, the President may give directions to the Inspector General.

(5) The President may remove the Inspector General or the Deputy Inspector General of Police from office for good cause and in the public interest and in accordance with the provisions of any Act of Parliament which may prescribe procedures considered to be expedient for this purpose.

[edit] Parliament to Regulate the _____ Police Force

112. Parliament shall make laws —

(a) providing for the organization and administration of the _____ Police Force;

(b) ensuring that members of the _____ Police Force are recruited from every district of _____;

(c) and regulating generally the _____ Police Force.

[edit] PART II: ____ Defense Force

[edit] Establishment and Functions of the _____ Defense Force

113. (1) There shall be armed forces to be known as the _____ Defense Force.

(2) The _____ shall be nonpartisan, national in character, patriotic, professional, disciplined, productive and subordinate to the civilian authority as established under this Constitution.

(3) Members of the _____ Defense Force shall be citizens of _____ of good character.

(4) No person shall raise an armed force except in accordance with this Constitution.

(5) The functions of the ____ Defense Force are —

(a) to preserve and defend the sovereignty and territorial integrity of _____;

(b) to cooperate with the civilian authority in emergency situations and in cases of natural disasters;

(c) to foster harmony and understanding between the defense forces and civilians; and

(d) to engage in productive activities for the development of _____.

[edit] Parliament to Regulate the _____ Defense Force

114. Parliament shall make laws regulating the _____ Defense Force and, in particular, providing for —

(a) the organs and structures of the _____ Defense Force;

(b) recruitment, appointment, promotion, discipline and removal of members of the _____ Defense Force and ensuring that members of the _____ Defense Force are recruited from every district of Uganda;

(c) terms and conditions of service of members of the _____ Defense Force; and

(d) the deployment of troops outside _____.

[edit] PART III: _____ Prison Service

[edit] Establishment of the Prison Service

115. (1) There shall be a prison service to be known as the _____ Prison Service.

(2) The _____ Prison Service shall be nationalistic, patriotic, professional, disciplined, competent and productive; and its members shall be citizens of _____ of good character recruited from every district of _____.

[edit] Commissioner and Deputy Commissioner of Prisons

116. (1) There shall be a Commissioner of Prisons and a Deputy Commissioner of Prisons appointed by the President, acting in accordance with the advice of the Public Service Commission.

(2) The President may remove the Commissioner or the Deputy Commissioner of Prisons from office for good cause and in the public interest and in accordance with the provisions of any Act of Parliament which may prescribe procedures considered to be expedient for this purpose.

[edit] Parliament to Regulate the _____ Prisons Service

117. Parliament shall make laws —

(a) providing for the organization, administration and functions of the _____ Prison Service;

(b) ensuring that members of the _____ Prison Service are recruited from every district of _____; and

(c) regulating generally the _____ Prison Service.

[edit] PART IV: Intelligence Services

[edit] Intelligence Services

118. (1) Parliament may by law establish intelligence services and may prescribe their composition, functions and procedures.

(2) No intelligence service shall be established by the Government except by or under an Act of Parliament.

[edit] CHAPTER X: Finance

[edit] Consolidated Revenue Fund

119. All revenues or other moneys raised or received for the purposes of the Government of _____ (not being revenues or other moneys that are payable by or under any law into some other fund established for a specific purpose or that may by or under any law be retained by the department of Government that received them for the purposes of defraying the expenses of that department) shall be paid into and form one Consolidated Revenue Fund.

[edit] Withdrawals from Consolidated Revenue Fund or Other Public Funds

120. (1) No moneys shall be withdrawn from the Consolidated Revenue Fund except —

(a) to meet expenditure that is charged upon the Fund by this Constitution or by any Act of Parliament;

(b) where the issue of those moneys has been authorized by an Appropriation Act, by a supplementary estimate approved by resolution of the National Assembly or by a law enacted in pursuance of section one hundred twenty-two of this Constitution.

(2) No moneys shall be withdrawn from any public fund of _____ other than the Consolidated Revenue Fund unless the issue of those moneys has been authorized by or under a law.

(3) No moneys shall be withdrawn from the Consolidated Revenue Fund except in the manner prescribed by Parliament.

[edit] Authorization of Expenditure

121. (1) The Minister for the time being responsible for finance shall cause to be prepared and laid before the National Assembly, before or not later than 30 days after the commencement of each financial year, estimates of the revenues and expenditure of _____ for that year.

(2) The heads of expenditure contained in the estimates for a financial year (other than expenditure charged upon the Consolidated Revenue Fund by this Constitution or any other law) shall be included in a Bill to be known as an Appropriation Bill which shall be introduced into the Assembly to provide for the issue from the Consolidated Revenue Fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified in the said Bill.

(3) If in any financial year it is found —

(a) that the amount appropriated by the Appropriation Act for the purposes included in any head of expenditure is insufficient or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by the Appropriation Act; or

(b) that any moneys have been expended on any head of expenditure in excess of the amount appropriated for the purposes included in that head by the Appropriation Act or for a purpose for which no amount has been appropriated by the Appropriation Act,

a supplementary estimate showing the sums required or spent shall be laid before the National Assembly and the heads of expenditure shall be included in a supplementary Appropriation Bill, or in a motion or motions approving such expenditure, which shall be introduced or moved in the Assembly.

(4) Where any supplementary expenditure has been approved in a financial year by a resolution of the National Assembly in accordance with the provisions of subsection (3) of this section, a supplementary Appropriation Bill shall be introduced in the National Assembly, not later than the end of the financial year next following, providing for the appropriation of the sums so approved.

[edit] Authorization of Expenditure in Advance of Appropriation

122. Parliament may make provision under which, if the Appropriation Act in respect of any financial year has not come into operation by the beginning of that financial year, the President may authorize the withdrawal of moneys from the Consolidated Revenue Fund for the purpose of meeting expenditure necessary to carry on the services of the Government until the expiration of four months from the beginning of that financial year or the coming into operation of the Appropriation Act, whichever is the earlier.

[edit] Contingencies Fund

123. (1) Parliament may make provision for the establishment of a Contingencies Fund and for authorizing the President, 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 to meet that need.

(2) Where any advance is made from the Contingencies Fund, a supplementary estimate shall be laid before the National Assembly as soon as possible for the purpose of replacing the amount so advanced.

[edit] Remuneration of Certain Officers

124. (1) There shall be paid to the holders of the offices to which this section applies such salaries and such allowances as may be prescribed by Parliament.

(2) The salaries and any allowances payable to the holders of the offices to which this section applies shall be a charge on the Consolidated Revenue Fund.

(3) The salary payable to the holder of any office to which this section applies and his terms of office, other than allowances, shall not be altered to his disadvantage after his appointment.

(4) Where a person's salary or terms of office depend upon his option, the salary or terms for which he opts shall, for the purposes of subsection (3) of this section, be deemed to be more advantageous to him than any others for which he might have opted.

(5) This section applies to the offices of judge of the Court of Appeal, judge of the High Court, member of the Public Service Commission, member of the Judicial Service Commission, Auditor-General and Attorney-General.

[edit] Public Debt

125. (1) There shall be charged on the Consolidated Revenue Fund all debt charges for which _____ is liable.

(2) For the purposes of this section debt charges include interest, sinking fund charges, the repayment or amortization of debt, and all expenditure in connection with the raising of loans on the security of the revenues or the Consolidated Revenue Fund of the former Protectorate of _____, and the service and redemption of debt thereby created.

[edit] Auditor-General

126. (1) There shall be an Auditor-General, whose office shall be a public office.

(2) The public accounts of _____ and of all officers, courts and authorities of the Government of _____ shall be audited and reported on by the Auditor-General and for that purpose the Auditor-General or any person authorized by him in that behalf shall have access to all books, records, reports and other documents relating to those accounts:

Provided that, if it is so provided by Parliament in the case of any body corporate directly established by law, the accounts of that body corporate shall be audited and reported on by such person as may be specified by or under that law.

(3) The Auditor-General shall submit his reports to the Minister responsible for finance, who shall cause them to be laid before the National Assembly.

(4) The Auditor-General shall perform such other duties and exercise such other powers in relation to the accounts of the Government or the accounts of other public authorities or other bodies as may be prescribed by or under any Act of Parliament.

(5) In the exercise of his functions the Auditor-General shall not be subject to the direction or control of any other person or authority.

[edit] CHAPTER XI: Local Government

[edit] PART I: Principles and Structures of Local Government

[edit] Local Government System

127. (1) The system of local government in _____ shall be based on the district as a unit under which there shall be such lower local governments and administrative units as Parliament may by law provide.

(2) The following principles shall apply to the local government system —

(a) the system shall be such as to ensure that functions, powers and responsibilities are devolved and transferred from the Government to local government units in a coordinated manner;

(b) decentralization shall be a principle applying to all levels of local government and, in particular, from higher to lower local government units to ensure peoples’ participation and democratic control in decision making;

(c) the system shall be such as to ensure the full realization of democratic governance at all local government levels;

(d) there shall be established for each local government unit a sound financial base with reliable sources of revenue;

(e) appropriate measures shall be taken to enable local government units to plan, initiate and execute policies in respect of all matters affecting the people within their jurisdictions;

(f) persons in the service of local government shall be employed by the local governments; and

(g) the local governments shall oversee the performance of persons employed by the Government to provide services in their areas and to monitor the provision of Government services or the implementation of projects in their areas.

(3) The system of local government shall be based on democratically elected councils on the basis of universal adult suffrage in accordance with subsection (4) of section one hundred thirty-two of this Constitution.

[edit] Districts of _____

128. (1) Subject to the provisions of this Constitution, for the purposes of local government, Uganda shall be divided into the districts referred to in Schedule 1 of this Constitution.

(2) The districts referred to in subsection (1) of this section shall be taken to have been divided into the lower local government units which existed immediately before the coming into force of this Constitution.

[edit] Cooperation Among Districts

129. (1) Two or more districts shall be free to cooperate in the areas of culture and development and may, for that purpose, form and support councils, trust funds or secretariats, subject to the following —

(a) such cooperation shall conform to the democratic principles enshrined in this Constitution;

(b) the councils, trust funds or secretariats so formed shall not have power to levy taxes; but Parliament may make provision enabling them to raise funds in addition to funds made available to them by the cooperating districts;

(c) the terms and conditions of the cooperation shall be embodied in a charter signed by the consenting districts and deposited with the Speaker of the National Assembly; and

(d) the councils, trust funds or secretariats formed under this section shall have power to make rules, regulations and by-laws in relation to the functions assigned to them:

Provided that such rules, regulations and by-laws shall not be inconsistent with the provisions of this Constitution or any existing law and shall not be effective unless ratified by the district councils of the cooperating districts.

(2) The councils, trust funds or secretariats formed under this section shall be bodies corporate with powers to sue and be sued.

(3) Any district may withdraw from cooperation under this section if —

(a) a resolution is passed by the district council of the district in favor of withdrawal, supported by two-thirds of all the members of the council; and

(b) the resolution is supported by a resolution of Parliament.

[edit] Boundaries of Local Government Units

130. (1) Subject to the provisions of this Constitution, Parliament may —

(a) alter the boundaries of districts; and

(b) create new districts.

(2) Any measure to alter the boundary of a district or to create a new district shall be supported by a majority of all the members of Parliament.

(3) Parliament shall by law empower district councils to alter the boundaries of lower local government units and to create new local government units within their districts.

(4) Any measure for the alteration of the boundaries of or the creation of districts or administrative units shall be based on the necessity for effective administration and the need to bring services closer to the people, and it may take into account the means of communication, geographical features, density of population, economic viability and the wishes of the people concerned.

[edit] Local Government Councils

131. (1) A local government shall be based on a council which shall be the highest political authority within its area of jurisdiction and which shall have legislative and executive powers to be exercised in accordance with this Constitution.

(2) Parliament shall by law prescribe the composition, qualifications, functions and electoral procedures in respect of local government councils.

(3) A person shall not be a member of a local government council unless that person is a citizen of _____.

[edit] Election of Local Government Councils

132. (1) A district shall be divided by Parliament into electoral areas which shall be demarcated in such a way that the number of inhabitants in the electoral areas are as nearly as possible equal.

(2) The number of inhabitants in an electoral area may be greater or less than other electoral areas in order to take account of means of communication, geographical features and density of population.

(3) The demarcation of electoral areas shall ensure that a subcounty, a town council or an equivalent part of a municipality is represented at the district council by at least one person.

(4) All local government councils shall be elected every three years.

(5) Elections of all local government councils shall take place at least sixty days before the expiry of the term of the existing council, but shall not coincide with parliamentary elections.

[edit] Revocation of Mandate

133. (1) Subject to subsection (2) of this section, the mandate of an elected member of a local government council may be revoked by the electorate.

(2) Parliament shall by law prescribe the grounds on which and the manner in which the electorate may revoke the mandate of an elected member of a local government council.

[edit] District Chairperson

134. (1) There shall be a district chairperson who shall —

(a) be the political head of the district; and

(b) be elected by universal adult suffrage through a secret ballot.

(2) A person is not qualified to be elected district chairperson unless he is —

(a) qualified to be elected a Member of the National Assembly;

(b) at least thirty years and not more than seventy-five years of age; and

(c) a person ordinarily resident in the district.

(3) The district chairperson shall —

(a) preside at meetings of the executive committee of the district;

(b) monitor the general administration of the district;

(c) coordinate the activities of urban councils and councils of the lower local administrative units in the district;

(d) coordinate and monitor Government functions as between the district and the Government; and

(e) perform such other functions as Parliament may prescribe.

(4) In the performance of the functions under subsection (3) of this article, the chairperson shall be subject to the rules, decisions and recommendations of the district council and be answerable to the council.

[edit] Speaker of a District Council

135. (1) Each district council shall have a speaker elected by the district council from among its members; but a person shall only be taken to have been elected if the votes cast in his favor are more than 50 percent of all the members of the council.

(2) The speaker of the council shall, in relation to the council, perform similar functions to those of the Speaker of the National Assembly.

[edit] Removal of a District Chairperson and Speaker

136. (1) The district chairperson or the speaker of a district council may be removed from office by the council by resolution supported by the votes of not less than two-thirds of all members of the council on any of the following grounds —

(a) abuse of office;

(b) misconduct or misbehavior; or

(c) such physical or mental incapacity as would render him incapable of performing the duties of his or her office.

(2) Parliament shall prescribe any other grounds and the procedure for the removal of a district chairperson or the speaker of a council under this section.

[edit] District Executive Committee

137. (1) There shall be an executive committee for each district council which shall perform the executive functions of the council.

(2) An executive committee shall consist of —

(a) the district chairperson;

(b) the vice chairperson; and

(c) such number of secretaries as the council may decide.

(3) The vice chairperson shall be a person nominated by the district chairperson from among members of the council and approved by two-thirds of all members of the council.

(4) The secretaries shall be nominated by the chairperson from among members of the council and approved by a majority of all members of the council.

(5) The vice chairperson shall deputize for the chairperson and shall perform such other functions as may be assigned to him by the chairperson.

(6) If the district chairperson dies, resigns or is removed from office, the vice chairperson shall assume the office of chairperson until the election of a new district chairperson, but the election shall be held within six months after the occurrence of the event.

(7) A secretary shall have responsibility for such functions of the district council as the district chairperson may from time to time assign to him.

(8) A district council shall appoint standing and other committees necessary for the efficient performance of its functions.

(9) The following shall apply with respect to the composition of the committees of a district council —

(a) the chairpersons and members of the committees shall be elected from among the members of the council;

(b) the district chairperson, the vice chairperson and a secretary shall not be members of a committee of the council but may take part in its proceedings without voting.

[edit] Vacation of office of member of district executive committee

138. (1) The office of a member of a district executive committee shall become vacant if —

(a) the appointment of that member is revoked by the district chairperson; or

(b) that member —
(i) is elected as speaker of the district council;
(ii) resigns from office;
(iii) becomes disqualified to be a member of the district council;
(iv) is unable to perform his functions due to mental or physical incapacity or dies;
(v) is censured by the council; or

(c) a new chairperson assumes office.

(2) A district council may, by resolution supported by not less than half of all members of the council, pass a vote of censure against a member of the executive committee.

(3) Proceedings for censure shall be initiated by a petition to the chairperson through the speaker signed by not less than one-third of all the members of the district council to the effect that they are dissatisfied with the conduct or performance of the member of the executive committee.

(4) The chairperson shall, upon receipt of the petition, cause a copy of it to be given to the member of the executive committee in question.

(5) The motion for the resolution of censure shall not be debated until the expiry of fourteen days after the petition was sent to the chairperson.

(6) A member of the executive committee in respect of whom a vote of censure is debated under subsection (5) of this section is entitled during the debate to be heard in his defense.

(7) Nothing in this article shall prevent a person from being reappointed to the executive committee of a district council.

[edit] Chief Administrative Officer

139. (1) There shall be a chief administrative officer for every district.

(2) The chief administrative officer shall be appointed by the district service commission and shall be the chief accounting officer for the district.

(3) Parliament shall by law establish the qualifications and functions of the chief administrative officer.

[edit] Functions of the Government and District Councils

140. (1) Subject to the provisions of this Constitution, the functions and services specified in the Second Schedule to this Constitution shall be the responsibility of the Government. (2) District councils and the councils of lower local government units may, on request by them, be allowed to exercise the functions and services specified in the Second Schedule to this Constitution or if delegated to them by the Government or by Parliament by law.

(3) District councils shall have responsibility for any functions and services not specified in Schedule 2 to this Constitution.

(4) Subject to the provisions of this Constitution, the Government may, on request by a district council, assume responsibility for functions and services assigned to the district council.

[edit] PART II: Finances of Local Governments

[edit] Power to Levy and Appropriate Taxes

141. (1) Local governments shall have power to levy, charge, collect and appropriate fees and taxes in accordance with any law enacted by Parliament by virtue of article 152 of this Constitution.

(2) The fees and taxes to be levied, charged, collected and appropriated under subsection (1) of this article shall consist of rents, rates, royalties, stamp duties, personal graduated tax, cess, fees on registration and licensing and any other fees and taxes that Parliament may prescribe.

(3) No appropriation of funds by a local government shall be made unless approved in a budget by its council.

(4) Parliament shall by law make provision for tax appeals in relation to taxes to which this article applies.

[edit] Collection of Taxes by Local Government

142. Parliament shall by law provide —

(a) for the taxes that may be collected by a local government for or on behalf of the Government for payment into the Consolidated Revenue Fund;

(b) for a local government to retain for the purposes of its functions and services, a specified proportion of the revenues collected for or on behalf of the Government from the district.

[edit] Grants to Local Governments

143. (1) The President shall for each financial year, in accordance with this Constitution, cause to be presented to Parliament proposals as to the monies to be paid out of the Consolidated Revenue Fund as —

(a) unconditional grant in accordance with subsection (2) of this section;

(b) conditional grant in accordance with subsection (3) of this section;

(c) equalization grant in accordance with subsection (4) of this section.

(2) Unconditional grant is the minimum grant that shall be paid to local governments to run decentralized services and shall be calculated in a manner prescribed by Parliament.

(3) Conditional grant shall consist of monies given to local governments to finance programs agreed upon between the Government and the local governments and shall be expended only for the purposes for which it was made and in accordance with the conditions agreed upon.

(4) Equalization grant is the money to be paid to local governments for giving subsidies or making special provisions for the least developed districts and shall be based on the degree to which a local government unit is lagging behind the national average standard for a particular service.

(5) District councils shall be obliged to indicate how conditional and equalization grants obtained from the Government are to be passed onto the lower levels of local government.

[edit] Local Government Finance Commission

144. (1) There shall be a Local Government Finance Commission which shall consist of seven members appointed by the President.

(2) Of the seven members referred to in subsection (1) of this section, four shall be nominated by the local governments.

(3) The members of the Local Government Finance Commission shall elect from among themselves a chairperson and a vice chairperson.

(4) The Local Government Finance Commission shall —

(a) advise the President on all matters concerning the distribution of revenue between the Government and local governments and the allocation to each local government of monies out of the Consolidated Revenue Fund;

(b) consider and recommend to the President the amount to be allocated as the equalization and conditional grants and their allocation to each local government;

(c) consider and recommend to the President potential sources of revenue for local governments;

(d) advise the local governments on appropriate tax levels to be levied by local governments;

(e) perform such other functions as Parliament shall prescribe.

(5) The expenses of the commission, including salaries, allowances and pensions payable to persons serving with the commission, shall be charged on the Consolidated Revenue Fund.

[edit] Loans and Grants

145. Subject to the provisions of this Constitution and with the approval of the Government, a local government may, for the carrying out of its functions and services, borrow money or accept and use any grant or assistance as Parliament shall prescribe.

[edit] Accountability

146. Parliament shall make laws —

(a) requiring each local government to draw up a comprehensive list of all its internal revenue sources and to maintain data on total potential collectable revenues;

(b) prescribing financial control and accountability measures for compliance by all local governments;

(c) imposing regular audit requirements and procedures for local governments.

[edit] Financial Autonomy of Urban Authorities

147. Urban authorities shall have autonomy over their financial and planning matters in relation to the district councils as Parliament may, by law, provide.

[edit] PART III: District Service Commissions

[edit] District Service Commissions

148. (1) There shall be a district service commission for each district.

(2) The district service commission shall consist of a chairperson and such other members as the district council shall determine, at least one of whom shall represent urban authorities and all of whom shall be appointed by the district council on the recommendation of the district executive committee with the approval of the Public Service Commission.

(3) Members of a district service commission shall be persons of high moral character and proven integrity.

(4) Members of a district service commission shall hold office for a period of three years but are eligible for reappointment for one more term.

(5) In the performance of its functions, a district service commission shall conform to the standards established by the Public Service Commission for the public service generally.

(6) A member of the district service commission may be removed from office by the executive committee of the district with the approval of the district council and after consultation with the Public Service Commission but may be removed only for —

(a) inability to perform the functions of that office arising from physical or mental incapacity;

(b) misbehavior or misconduct; or

(c) incompetence.

[edit] Secondment of Staff

149 Subject to the provisions of this Constitution, the Government may, on request by a district council, post persons to fill, assist and complement the service of a local government.

[edit] Functions of District Service Commissions

150. (1) Subject to the provisions of this Constitution, the power to appoint persons to hold or act in any office in the service of a district, including the power to confirm appointments, to exercise disciplinary control over persons holding or acting in any such office and to remove those persons from office, is vested in the district service commission.

(2) The terms and conditions of service of local government staff shall conform with those prescribed by the Public Service Commission for the public service generally.

(3) The district service commission may establish committees in respect of specialized disciplines.

[edit] PART IV: General

[edit] Exercise of Administrative Functions

151. The functions of a district government shall be exercised in accordance with this Constitution and any other law; but the exercise of those functions shall not detract from the order, peace and good governance of any part of _____.

[edit] Takeover of District Administration by the President

152. (1) The President may, with the approval of two-thirds of all the Members of the National Assembly, assume the executive and legislative powers of any district in any of the following circumstances —

(a) where the district council so requests and it is in the public interest to do so;

(b) where a state of emergency has been declared in that district or in ____ generally; or

(c) where it has become extremely difficult or impossible for the district government to function.

(2) The exercise by the President of the power conferred by this article may be done through such persons or officers as the President may appoint; and the legislative functions shall be exercised by statutory instruments.

(3) Unless approved by Parliament for a longer term, the exercise by the President of the power conferred by this article shall be for a period not exceeding ninety days.

(4) Upon the expiry of the term under subsection (3) of this section —

(a) the President shall hand back the administration of the district to the incumbent district government; or

(b) if Parliament decides that the prevailing circumstances still make it impossible for the incumbent district government to resume the administration of the district then — (i) where the unexpired term of the council is longer than twelve months, the President shall cause elections to be held for a new district council within sixty days; or
(ii) where the unexpired term of the council is less than twelve months, the President shall continue to administer the district until the next elections are held.

[edit] Resident District Commissioner

153. (1) There shall be for each district a resident district commissioner who shall be a senior civil servant appointed by the President.

(2) The functions of a resident district commissioner are —

(a) to coordinate the administration of Government services in the district;

(b) to advise the district chairperson on matters of a national nature that may affect the district or its plans and programs and particularly the relations between the district and the Government; and

(c) to carry out such other functions as may be assigned by the President or prescribed by Parliament.

[edit] Terms and Conditions of Service

154. Parliament shall prescribe the guidelines to be followed by the district councils in determining terms and conditions of service for —

(a) members of the local government councils; and

(b) members of the district service commissions and their committees.

[edit] Prohibition of Holding Political Offices Concurrently

155. (1) No person shall hold concurrently on a full-time basis, political offices —

(a) in the service of the Government and that of a local government; or

(b) in the service of a higher local government and that of a lower local government.

(2) In this section, “political office” means the office of a Minister or Deputy Minister, a Member of the National Assembly or a member of a local government council, or any other office prescribed by Parliament.

[edit] Parliament to Make Laws Regarding Local Government

156. (1) Subject to the provisions of this Constitution, Parliament shall make laws relating to local government for the purpose of giving full effect to this Chapter.

(2) Without prejudice to the general effect of subsection (1) of this section, Parliament may make laws —

(a) limiting the number of political offices that may be created by local governments;

(b) enabling councils to make laws, regulations or other instruments for the administration of their areas of jurisdiction;

(c) requiring that with appropriate modifications, the system of government as it operates at the district level shall apply at the lower levels of local government units.

[edit] Interpretation

157. In this Chapter, a reference to a local government includes —

(a) a district council;

(b) an urban council;

(c) a subcounty council; or

(d) any other unit prescribed by law to replace any of the councils mentioned in paragraphs (a), (b) and (c) of this section.

[edit] CHAPTER XII: Institution of Traditional or Cultural Leaders

[edit] Chiefs to Retain Personal Status

158. (1) The chiefs in _____ shall retain their status.

(2) Chiefs and headmen shall exercise their authority in terms of an Act of Parliament.

[edit] Designation of Chiefs

159. The designation of chiefs, acting chiefs, headmen, acting headmen and independent headmen shall vest in the President.

[edit] CHAPTER XIII: Leadership Code of Conduct

[edit] Leadership Code of Conduct

160. (1) Parliament shall by law establish a Leadership Code of Conduct for persons holding such offices as may be specified by Parliament.

(2) The Leadership Code of Conduct shall —

(a) require specified officers to declare their incomes, assets and liabilities from time to time and how they acquired or incurred them, as the case may be;

(b) prohibit conduct —
(i) likely to compromise the honesty, impartiality and integrity of specified officers;
(ii) likely to lead to corruption in public affairs; or
(iii) which is detrimental to the public good or welfare or good governance;

(c) prescribe the penalties to be imposed for breach of the code, without prejudice to the application of criminal penalties prescribed for the breach in question;

(d) prescribe powers, procedures and practices for ensuring the effective enforcement of the code; and

(e) make any other provision as may be necessary for ensuring the promotion and maintenance of honesty, probity, impartiality and integrity in public affairs and the protection of public funds and other public property.

[edit] Enforcement of Code

161. The Leadership Code of Conduct shall be enforced by the Ombudsman or such other authority as Parliament may by law prescribe.

[edit] Disqualification for Breach of Code

162. Parliament may, by law, provide that a person who has been dismissed or removed from office by reason of breach of the code of conduct shall be disqualified from holding any other public office whether appointive or elective and either generally or for a prescribed period.

[edit] Interpretation

163. In this Chapter, unless the context otherwise requires, "specified officer" means the holder of an office to which the Leadership Code of Conduct applies.

[edit] CHAPTER XIV: Amendment of the Constitution

[edit] Amendment of the Constitution

164. (1) Subject to the provisions of this Constitution, Parliament may amend by way of addition, variation or repeal, any provision of this Constitution in accordance with the procedure laid down in this Chapter.

(2) This Constitution shall not be amended except by an Act of Parliament —

(a) the sole purpose of which is to amend this Constitution; and

(b) the Act has been passed in accordance with this Chapter.

[edit] Amendments by Parliament

165. (1) A Bill for an Act of Parliament to amend any provision of the Constitution shall not be taken as passed unless —

(a) it is supported at the second and third readings in the National Assembly by not less than two-thirds of all the Members of the Assembly; and

(b) it has been ratified by at least two-thirds of the members of the district council in each of at least two-thirds of all the districts of _____.

(2) The votes on the second and third readings referred to in subsection (1) of this section shall be separated by at least fourteen sitting days of the National Assembly.

(3) A Bill for the amendment of this Constitution which has been passed in accordance with this Chapter shall be assented to by the President only if it is accompanied by a certificate of the Speaker of the National Assembly that the provisions of this Chapter have been complied with in relation to it.

(4) Where the provisions of subsection (3) of this section are complied with, the President shall not refuse to assent to the Bill.

(5) Where in the case of a bill to which subsection (4) of this section applies the President —

(a) refuses to assent to the Bill; or

(b) fails to assent to the Bill within thirty days after the bill is

submitted, the President shall be taken to have assented to the Bill, and the Speaker shall cause a copy of the Bill to be laid before Parliament and the Bill shall become law without the assent of the President.

[edit] CHAPTER XV: Miscellaneous

[edit] Language

166. (1) The official language of _____ shall be English.

(2) Nothing contained in this Constitution shall prohibit the use of any other language as a medium of instruction in private schools or in schools financed or subsidized by the State, subject to compliance with such requirements as may be imposed by law, to ensure proficiency in the official language, or for pedagogic reasons.

(3) Nothing contained in subsection (1) of this section shall preclude legislation by Parliament which permits the use of a language other than English for legislative, administrative and judicial purposes in regions or areas where such other language or languages are spoken by a substantial component of the population.

[edit] International Law

167. Unless otherwise provided by this Constitution or Act of Parliament, the general rules of public international law and international agreements binding upon _____ under this Constitution shall form part of the law of _____.

[edit] SCHEDULE 1: Districts Comprising _____

1.
2.
3.
4.
5.
6.

[edit] SCHEDULE 2: Functions and Services for Which Government is Responsible

1. Arms, ammunition and explosives.

2. Defense, security, maintenance of law and order.

3. Banks, banking, promissory notes, currency and exchange control.

4. Subject to this Constitution, taxation and taxation policy.

5. Citizenship, immigration, emigration, refugees, deportation, extradition, passports and national identity cards.

6. Copyrights, patents and trademarks and all forms of intellectual property; incorporation and regulation of business organizations.

7. Land, mines, mineral and water resources and the environment.

8. National parks, as may be prescribed by Parliament.

9. Public holidays.

10. National monuments, antiquities, archives and public records, as Parliament may determine.

11. Foreign relations and external trade.

12. Regulation of trade and commerce.

13. Making national plans for the provision of services and coordinating plans made by local governments.

14. National elections.

15. Energy policy.

16. Transport and communications policy.

17. National censuses and statistics.

18. Public services of _____.

19. The judiciary.

20. National standards.

21. Education policy.

22. National surveys and mapping.

23. Industrial policy.

24. Forest and game reserve policy.

25. National research policy.

26. Control and management of epidemics and disasters.

27. Health policy.

28. Agricultural policy.

29. Any matter incidental to or connected with the functions and services mentioned in this Schedule.