Solomon Islands 1978 (rev. 2009)

1. The State and Head of State

1. Type of government envisioned
   Solomon Islands shall be a sovereign democratic State.
2. Her Majesty shall be the Head of State of Solomon Islands.

2. Constitution is Supreme Law

3. Fundamental rights and freedoms of the individual

4. Protection of right to life

1. Right to life
   No person shall be deprived of his life intentionally in execution of the sentence of a court in respect of a criminal offence under the law in force in Solomon Islands of which he has been convicted.
2. A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable—
   1. for the defence of any person from violence or for the defence of property;
   2. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
   3. for the purpose of suppressing a riot, insurrection or mutiny; or
   4. in order to prevent the commission by that person of a criminal offence,

   or if he dies as the result of a lawful act of war.

5. Protection of right to personal liberty

1. No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say—
   1. in consequence of his unfitness to plead to a criminal charge;
   2. in execution of the sentence or order of a court, whether established for Solomon Islands or some other country, in respect of a criminal offence of which he has been convicted;
   3. in execution of the order of a court of record punishing him for contempt of that court or of a court inferior to it;
   4. in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law;
   5. for the purpose of bringing turn before a court in execution of the order of a court;
   6. upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in Solomon Islands;
   7. Privileges for juveniles in criminal process
      in the case of a person who has not attained the age of eighteen years, under the order of a court or with the consent of his parents or guardian, for the purpose of his education or welfare;
   8. for the purpose of preventing the spread of an infectious or contagious disease;
   9. in the case of a person who is, or is reasonably suspected to be of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;
   10. Extradition procedure
       for the purpose of preventing the unlawful entry of that person into Solomon Islands, or for the purpose of effecting the expulsion or extradition or other lawful removal of that person from Solomon Islands or for the purpose of restricting that person while he is being conveyed through Solomon Islands in the course of his extraditional removal as a convicted prisoner from one country to another;

   to such extent as may be necessary in the execution of a local order of a court requiring that person to remain within a specific area within Solomon Islands or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable in the taking of proceedings against that person relating to the making of any such order, or to such extent as may be reasonably justified for restraining that person during any visit that he is permitted to make to any part of Solomon Islands in which, in consequence of such order, his presence would otherwise be unlawful.

2. Any person who is arrested or detained shall be informed as soon as reasonably practicable, and in a language that he understands, of the reason for his arrest or detention.
3. Any person who is arrested or detained—
   1. for the purpose of bringing him before a court in execution of an order of a court; or
   2. upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in Solomon Islands,

   and who is not released, shall be brought without undue delay before a court; and if any person arrested or detained upon reasonable suspicion of his having committed or being about to commit a criminal offence be tried within a reasonable time, then, without prejudice to any other proceedings that may be brought against him, he shall be released unconditionally or upon reasonable conditions, including in particular the conditions as are reasonably necessary to ensure that he appears at the date for trial or for proceedings preliminary to trial.

6. Protection from slavery and forced labour

1. Prohibition of slavery
   No person shall be held in slavery or servitude.
2. No person shall be required to perform forced labour.
3. For the purposes of this section, the expression “forced labour” shall not include—
   1. any labour required in consequence of the sentence or order of a court;
   2. any labour required of any person while he is lawfully detained though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;
   3. Right to conscientious objection
      any labour required of a member of a disciplined force in pursuit of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service;
   4. any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour 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; or
   5. any labour reasonably required as part of reasonable and normal communal or other civic obligations.

7. Protection from inhuman treatment

8. Protection from deprivation of property

1. Right to own property, Protection from expropriation
   No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say—
   1. the taking of possession or acquisition is necessary or expedient in the interests of defence, public safety, public order, public morality, public health, town or country planning or the development or utilisation of any property in such a manner as to promote the public benefit; and
   2. there is reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the property; and
   3. provision is made by a law applicable to that taking of possession or acquisition—
      1. for the payment of reasonable compensation (the valuable consideration of which may take the form of cash or some other form and may be payable by way of lump sum or by instalments) within a reasonable period of time having due regard to all the relevant circumstances; and
      2. securing to any person having an interest in or right over the property a right of access to the High Court, whether direct or on appeal from any other authority, for the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the reasonableness the compensation and the period of time within which it shall be paid.
2. Nothing contained in or done under the authority of any law should be held to be inconsistent with or in contravention of this section—
   1. to the extent that the law in question makes provision for the taking of possession or acquisition of any property—
      1. in satisfaction of any tax rate or duty;
      2. by way of penalty for breach of the law or forfeiture as consequence of a breach of the law;
      3. as an incident of a lease, tenancy, mortgage, charge, bill sale, pledge or contract;
      4. in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;
      5. in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or injurious to health of human beings, animals or plants;
      6. in consequence of any law with respect to the limitation of actions or acquisitive prescription; or
      7. for so long only as may be necessary for the purposes of an examination, investigation, trial or enquiry or, in the case of land, the carrying out thereon—
         1. Ownership of natural resources
            of work of soil conservation or of conservation of other natural resources; or
         2. of work relating to agricultural development or improvement which the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out,

      except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; or

   2. to the extent that the law in question makes provision for the taking of possession or acquisition of—
      1. enemy property;
      2. property of a deceased person, a person of unsound mind, person who has not attained the age of twenty-one years or a person who is absent from Solomon Islands, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;
      3. property of a person declared to be insolvent or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the insolvent or body corporate and, subject thereto, for the benefit of other persons entitle to the beneficial interest in the property; or
      4. property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.
3. Nothing in this section shall be construed as affecting the making or operation of any law for the compulsory taking of possession in the public interest of any property or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or right is held by a body corporate established for public purposes by any law and in which no moneys have been invested other than moneys provided by the Government.

9. Protection for privacy of home and other property

1. Right to privacy
   Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.
2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision—
   1. in the interests of defence, public safety, public order, the prevention and investigation of breaches of the law, public morality, public health, town or country planning, the development and utilisation of mineral resources, or the development or utilisation of any other property in such a manner as to promote the public benefit;
   2. for the purpose of protecting the rights or freedoms of other persons;
   3. for the purpose of authorising an officer or agent of the Government, an authority of the government of Honiara City or of a provincial government, or a body corporate established by law for a public purpose to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or duty or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the Government, that authority or that body corporate, as the case may be;
   4. for the purpose of authorising the entry upon any premises in pursuance of an order of a court for the purpose of enforcing the judgment or order of a court in any proceedings; or
   5. for the purpose of authorising the entry upon any premises for the purpose of preventing or detecting criminal offences,

   and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

10. Provisions to secure protection of law

1. Right to speedy trial, Right to fair trial
   If any person is charged with a criminal offence, then, unless the charge is withdrawn, that person shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
2. Every person who is charged with a criminal offence—
   1. Presumption of innocence in trials
      shall be presumed to be innocent until he is proved or has pleaded guilty;
   2. shall be informed as soon as reasonably practicable, in detail and in a language that he understands, of the nature of the offence charged;
   3. shall be given adequate time and facilities for the preparation of his defence;
   4. Right to counsel
      shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice;
   5. Right to examine evidence/witnesses
      shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and
   6. Trial in native language of accused
      shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge,

   and, except with his own consent, the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.

   When a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.

3. Protection from ex post facto laws
   No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed.
4. Prohibition of double jeopardy
   No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.
5. No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.
6. Protection from self-incrimination, Regulation of evidence collection
   No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
7. Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established or recognised by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, that person shall be given a fair hearing within a reasonable time.
8. Right to public trial
   Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other adjudicating authority, including the announcement of the decision of the court or other authority, shall be held in public.
9. Nothing in the preceding subsection shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court or other authority—
   1. may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of decency, public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or
   2. may by law be empowered or required so to do in the interest of defence public safety or public order.
10. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of—
    1. subsection (2)(a) of this section to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts;
    2. subsection (2)(e) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or
    3. subsection (5) of this section to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law.

11. Protection of freedom of conscience

1. Freedom of religion, Freedom of opinion/thought/conscience
   Except with his own consent no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.
2. Every religious community shall be entitled, at its own expense to establish and maintain places of education and to manage any place of education which it wholly maintains.
3. No religious community shall be prevented from providing religious instruction for persons of that community in the course of any education provided at any place of education which it wholly maintains or in the course of any education which it otherwise provides.
4. Except with his own consent (or, if he is a person who has not attained the age of eighteen years, the consent of his guardian) no person attending any place of education shall be required to receive religious instruction or take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own.
5. No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief.
6. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision which is reasonably required—
   1. in the interests of defence, public safety, public order, public morality or public health; or
   2. for the purpose of protecting the rights and freedoms of other persons, including the right to practise and observe any religion without the unsolicited intervention of members of any other religion,

   except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

7. Nothing in this section shall affect the power of Parliament to prescribe the curriculum and related matters in all places of education within Solomon Islands.
8. References in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly.

12. Protection of freedom of expression

1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this of section the said freedom includes the freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference and freedom from interference with his correspondence.
2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision—
   1. in the interests of defence, public safety, public order, public morality or public health;
   2. Right to protect one's reputation, Television, Judicial independence, Radio
      for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, or regulating the administration or the technical operation of telephony, telegraphy, posts, wireless, broadcasting or television; or
   3. that imposes restrictions upon public officers,

   and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

13. Protection of freedom of assembly and association

1. Right to join trade unions, Right to form political parties
   Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties or to form or belong to trade unions or other associations for the protection of his interests.
2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision—
   1. in the interests of defence, public safety, public order, public morality or public health;
   2. for the purpose of protecting the rights or freedoms of other persons; or
   3. that imposes restrictions upon public officers,

   and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

14. Protection of freedom of movement

1. No person shall be deprived of his freedom of movement, and for the purpose of this section the said freedom means the right to move freely throughout Solomon Islands, the right to reside in any part of Solomon Islands, the right to enter Solomon Islands and immunity from expulsion from Solomon Islands.
2. Any restriction on a person’s freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section.
3. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision—
   1. for the imposition of restrictions on the movement or residence within Solomon Islands of any person or on any person’s right to leave Solomon Islands that are reasonably required in the interests of defence, public safety or public order;
   2. for the imposition of restrictions on the movement or residence within Solomon Islands or on the right to leave Solomon Islands of persons generally or any class of persons that are reasonably required in the interests of defence, public safety, public order, public morality or public health;
   3. for the imposition of restrictions on the movement or residence within Solomon Islands of any person who is not a citizen of Solomon Islands or the exclusion or expulsion from Solomon Islands of any such person;
   4. for the imposition of restrictions on the acquisition or use by any person of land or other property in Solomon Islands;
   5. for the imposition of restrictions upon the movement or residence within Solomon Islands of public officers;
   6. for the removal of a person from Solomon Islands to be tried or punished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in that other country in execution of the sentence of a court in respect of a criminal offence under the law in force in Solomon Islands of which he has been convicted; or
   7. for the imposition of restrictions by order of a court, on the movement or residence within Solomon Islands of any person or on any person’s right to leave Solomon Islands either in consequence of his having been found guilty of a criminal offence under the law in force in Solomon Islands or for the purpose of ensuring that he appears before a court at a later date for trial or for proceedings relating to his extradition or lawful removal from Solomon Islands,

   and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

4. If any person whose freedom of movement has been restricted by virtue only of such a provision as is referred to in subsection (3)(a) or (b) of this section so requests at any time during the period of that restriction not earlier than six months after he last made such a request during that period, his case shall be reviewed by an independent and impartial tribunal presided over by a person, qualified to be admitted to practise in Solomon Islands as an advocate or as a barrister and solicitor, appointed by the Chief Justice.
5. On any review by a tribunal in pursuance of the preceding subsection of the case of a person whose freedom of movement has been restricted, the decision of the tribunal concerning the necessity or expediency of continuing the restriction shall be binding on the authority by which it was ordered.

15. Protection from discrimination on grounds of race, etc

1. Subject to the provisions of subsections (5), (6) and (9) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.
2. Subject to the provisions of subsections (7), (8) and (9) of this section, no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the function of any public office or any public authority.
3. Subject to the provisions of subsection (9) of this section, no person shall be treated in a discriminatory manner in respect of access to shops, hotels, lodging-houses, public restaurants, eating-houses or places of public entertainment or in respect of access to places of public resort maintained wholly or partly out of public funds or dedicated to the use of the general public.
4. In this section the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
5. Subsection (1) of this section shall not apply to, any law so far as that law makes provision—
   1. for the imposition of taxation or the appropriation of revenue by the Government or the government of Honiara City, or any provincial Government, or the Honiara City Council, or any provincial Assembly for local purposes;
   2. with respect to persons who are not citizens of Solomon Islands.
6. Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, place of origin, political opinions, colour, creed or sex) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, any office in the service of the government of Honiara City or any provincial government, or any office in a body corporate established directly by any law for public purposes, or who wishes to engage in any trade or business.
7. Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (5) or (6) of this section.
8. Subsection (2) of this section shall not affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law.
9. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (4) of this section may be subjected to any restriction on the rights and freedoms guaranteed by Sections 9, 11, 12, 13 and 14 of this Constitution, being such a restriction as is authorised by Section 9(2), 11(6), 12(2), 13(2) or 14(3), as the case may be.

16. Provisions for periods of public emergency

1. In this Chapter “period of public emergency” means any period during which—
   1. Solomon Islands is at war; or
   2. there is in force a declaration made under the provisions of this section.
2. The Governor-General may at any time by proclamation declare that a state of public emergency exists and as soon as practicable shall publish such proclamation in the Gazette.
3. A declaration made under subsection (2) of this section shall cease to have effect on the expiration of a period of seven days commencing with the day on which the declaration is made unless before the expiration on of that period it has been approved by a resolution of Parliament supported by the votes, of at least two-thirds of all the members thereof:

   Provided that, if a declaration is made during any period when Parliament is not sitting, Parliament shall be convened not later than two weeks after the day on which the declaration is made and the period of seven days referred to in this subsection shall commence on the day on which Parliament convened.

4. A declaration made under subsection (2) of this section may at any time before it has been approved by a resolution of Parliament be revoked by the Governor-General by a proclamation published in the Gazette.
5. A declaration made under subsection (2) of this section and approved by a resolution of Parliament under subsection (3) shall continue in force until the expiration of a period of four months commencing with the day on which the declaration is made or until such earlier date as may be specified in the resolution.
6. Notwithstanding the provisions of subsection (5) of this section, a declaration made under subsection (2) and approved by a resolution of Parliament under subsection (3) may at any time be revoked by a resolution of Parliament supported by the votes of a majority of all the members thereof.
7. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of section 5, 6(2), 9, 11, 12, 13, 14 or 15 of this Constitution to the extent that the law in question makes in relation to any period of public emergency provision, or authorises the doing during any such period of anything, that is reasonably justifiable in the circumstances of any situation arising or existing during the period for the purpose of dealing with that situation.
8. Where a person is detained by virtue of a law that authorises the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists in Solomon Islands during that period, the following provisions shall apply, that is to say—
   1. he shall, as soon as reasonable practicable, be furnished with a statement in writing in a language that he understands, specifying in detail the grounds upon which he is detained;
   2. the announcement of his detention shall be made as soon as possible, and not more than fourteen days after the commencement of his detention a notification shall be published in the Gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorised;
   3. for the application, in the case of persons of any such description as is mentioned in the preceding subsection (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description;
   4. for the application of customary law;
   5. with respect to land, the tenure of land, the resumption and acquisition of land and other like purposes;
   6. for the advancement of the more disadvantaged members of the community; or
   7. whereby persons of any such description as is mentioned in the preceding subsection may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.
9. On any review by a tribunal in pursuance of subsection (8) of this section of the case of a detained person, the decision of the tribunal concerning the necessity or expediency of continuing his detention shall be binding on the authority by which it was ordered.
10. Nothing contained in paragraph (d) or (e) of subsection (8) of this section shall be construed as entitling a person to legal representation at public expense.

17. Compensation for contravention of rights and freedoms

18. Enforcement of protective provisions

1. Subject to the provision of subsection (6) of this section, if any person alleges that any of the provisions of Sections 3 to 16 (inclusive) of this Constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such contravention in relation to the detained person) then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.
2. The High Court shall have original jurisdiction—
   1. to hear and determine any application made by any person in pursuance of the preceding subsection;
   2. to determine any question arising in the case of any person which is referred to it in pursuance of the next following subsection,

   and may make such orders, issue such writs and give such directions, including the payment of compensation, as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provision of Sections 3 to 16 (inclusive) of this Constitution:

   Provided that the High Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.

3. If in any proceedings in any subordinate court any question arises as to the contravention of any of the provisions of Sections 3 to 16 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the High Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.
4. Right to appeal judicial decisions
   Any person aggrieved by any determination of the High Court under this section may appeal therefrom to the Court of Appeal:

   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.

5. Parliament may confer upon the High Court powers additional to those conferred by this section for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section.
6. Rules of court making provision with respect to the practice and procedure of the High Court in relation to the jurisdiction conferred on it by or under this section (including rules with respect to the time within which any application or reference shall or may be made or brought) may be made by the person or authority for the time being having power to make rules of court with respect to the practice and procedure of that court generally.

19. Interpretation and savings

1. In this Chapter, unless the context otherwise requires—
   • “contravention,” in relation to any requirement includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;

     “court” means any court of law having jurisdiction in Solomon Islands, other than a court established by a disciplinary law, and includes in Sections 4 and 6 of this Constitution a court established by a disciplinary law;

     “disciplinary law” means a law regulating the discipline of any disciplined force;

     “disciplined force” means—

     1. any naval, military or air force;
     2. the Solomon Islands Fire Service;
     3. the Correctional Service;
     4. the Marine Division;
     5. the Police Force;
     6. the Special Constabulary; or
     7. any other constabulary or police force established by Parliament;

     “member,” in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline.

2. Nothing contained in Sections 12, 13 and 14 of this Constitution shall be construed as precluding the inclusion in the terms and conditions of service of public officers of reasonable requirements as to their communication or association with other persons or as to their movements or residence.
3. In relation to any person who is a member of a disciplined force of Solomon Islands, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter other than Sections 4, 6, 7, 8 and 15.
4. In relation to any person who is a member of a disciplined force that is not a disciplined force of Solomon Islands and who is present in Solomon Islands in pursuance of arrangements made between the Government of Solomon Islands and another Government or an international organisation, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter.
5. No measure taken in relation to a person who is a member of a disciplined force of a country with which Solomon Islands is at war and no law, to the extent that it authorises the taking of any such measures, shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter.

20. Persons who become citizens on Independence Day

1. Every person who before Independence Day has made, or been included in an application to the Government for citizenship of Solomon Islands containing the information specified in subsection (4) of this section and who at the time of making such application possessed any of the qualifications specified in subsection (3) of this section, shall become a citizen of Solomon Islands on Independence Day.
2. The qualifications referred to in subsection (2) of this section and subsection (1) of the next following section are that the person concerned, not being an indigenous Solomon Islander, is—
   1. a woman married to an indigenous Solomon Islander; or
   2. a citizen of the United Kingdom and Colonies or a British protected person who was born in Solomon Islands; or
   3. a citizen of the United Kingdom and Colonies or a British protected person having acquired such status under the British Nationality Acts 1948 to 1965[3] by virtue of his having been naturalised or registered under those Acts, or naturalised as a British subject before 1949, by the Governor of the former protectorate of the Solomon Islands; or
   4. a citizen of the United Kingdom and Colonies or a British protected person whose father possesses or at his death possessed one of the qualifications specified in paragraph (b) or (c) of this subsection; or
   5. a woman who has been married to a person who possesses, or at his death possessed, one of the qualifications specified in paragraph (b), (c) or (d) of this subsection; or
   6. a citizen of the United Kingdom and Colonies or a British protected person who was deemed to belong to Solomon Islands because such person—
      1. has lawfully resided in Solomon Islands for any period of seven years during which he has not been absent therefrom for a period or periods amounting in all to more than eighteen months and since the completion of such period of residence has not been ordinarily resident continuously for a period of two years or more in any other territory within the Commonwealth in circumstances in which he has acquired or retained a right of residence in that territory; or
      2. is the wife of a person to whom the foregoing subparagraph applies not living apart from such person under a decree of a court or a deed of separation; or
      3. is the child, step-child or child adopted in a manner recognised by law under the age of eighteen years of a person to whom either of the foregoing subparagraphs applies.
3. The information required to be contained in an application for the purposes of this section and the next following section is as follows—
   1. the name, date and place of birth (so far as is known) of the applicant of any other person included in the application or of a minor on whose behalf the application is made, together with, where applicable, the date of naturalisation or registration;
   2. a statement by the applicant whether or not he is including in his application his wife and minor children, if any, and in the case of an application including a wife, a statement by her that she consents to her inclusion in the application;
   3. if the applicant is applying on grounds that his father was born, naturalised or registered in Solomon Islands, also the father’s name, place and date of birth (so far as is known) and, if relevant, the date of the father’s naturalisation or registration;
   4. if the application is made by or on behalf of a woman on grounds of marriage to a man who, or whose father, was born, naturalised or registered in Solomon Islands also the name, place and date of birth (so far as is known) and, if relevant, the date of naturalisation or resignation of the man and, if necessary, his father;
   5. a statement by the applicant that, if he is resident in Solomon Islands at the time of making application, he intends to continue such residence, or that, if he is not so resident at that time, he regards Solomon Islands as his home country;
   6. a declaration by the applicant of his allegiance to Solomon Islands and his respect for the culture, the language and the way of life of Solomon Islands; and
   7. a statement by the applicant that he intends to renounce any other nationality that he may hold at the time of making application.
4. The reference in paragraph (3) of this section to the Governor of the former protectorate of Solomon Islands shall, in relation to any certificate granted or registration effected by some other officer in his capacity as the officer for the time being administering the Government of the former protectorate of the Solomon Islands, be construed as reference to that officer.
5. Every person who becomes a citizen of Solomon Islands on Independence Day by virtue of subsection (2) of this section shall receive a certificate of his acquisition of such citizenship as soon as practicable after Independence Day.

21. Persons entitled to be registered as citizens after Independence Day

1. Every person who immediately before Independence Day possessed any of the qualifications specified in subsection (3) of the preceding section and who within the prescribed period has made, or been included in, an application to the Government for citizenship of Solomon Islands containing the information specified in subsection (4) of the preceding section shall be registered as a citizen of Solomon Islands.
2. For the purposes of subsection (1) of this section, “the prescribed period” means the period beginning on Independence Day and expiring two years thereafter:

   Provided that the Minister responsible for citizenship matters may extend that period in respect of such applications or classes of application where the applicant was, by reason of his absence from Solomon Islands or other reasonable cause, unaware of his right to apply, as he may think fit.

22. Persons born on or after Independence Day

23. Avoidance of dual nationality

1. Subject to the provisions of subsection (2) of this section, any citizen of Solomon Islands who is a national of some other country shall cease to be a citizen of Solomon Islands at the expiry of two years after the date on which he acquired citizenship of Solomon Islands or turned the age of eighteen years, whichever is the later, or such longer period as may be prescribed by Parliament, unless before the expiry of that period he has renounced or lost the nationality of that other country or, the law of that other country does not permit him to renounce that nationality, made such declaration as may be prescribed.
2. Any person who, being aged eighteen years or more, acquired citizenship of Solomon Islands by virtue of Section 20(2) or 21 of this Constitution and who is a national of some other country shall cease to be a citizen of Solomon Islands at the expiry of six months after the date on which he acquired citizenship of Solomon Islands or such longer period as may be prescribed by Parliament, unless before the expiry of that period he has renounced or lost the nationality of that other country or, if the law of that other country does not permit him to renounce that nationality, make such declaration as may be prescribed.

24. Commonwealth citizens

1. Every person who under this Chapter or any other law is a citizen of Solomon Islands or under any enactment for the time being in force in any country to which this section applies is a citizen of that country shall, by virtue of that citizenship, have the status of a Commonwealth citizen.
2. Every person who is a British subject without citizenship under the British Nationality Act 1948, who continues to be a British subject under Section 2 of that Act or is a British subject under the British Nationality Act 1965 shall, by virtue of that status, have the status of a Commonwealth citizen.
3. Save as may be otherwise provided by Parliament, the countries to which this section applies are Australia, The Bahamas, Bangladesh, Barbados, Botswana, Canada, Cyprus, Fiji, The Gambia, Ghana, Grenada, Guyana, India, Jamaica, Kenya, Lesotho, Malawi, Malaysia, Malta, Mauritius, Nauru, New Zealand, Nigeria, Papua New Guinea, Seychelles, Sierra Leone, Singapore, Southern Rhodesia, Sri Lanka, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Uganda, The United Kingdom and Colonies, Western Samoa and Zambia.

25. Powers of Parliament

26. Interpretation

1. In this Chapter—
   • “British protected person” means a person who is a British protected person for the purposes of the British Nationality Act 1949;

     “indigenous Solomon Islander” means any person who is, or one of whose parents is, or was, a British protected person and or a group, tribe or line indigenous to Solomon Islands.

2. Any reference in this Chapter to the father of a person shall, in relation to a person born out wedlock, be construed as a reference to the mother of that person.
3. For the purposes of this Chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.
4. For the purposes of this Chapter, an application shall be deemed to have been made on the date on which it is lodged with the Government or with any person who has been appointed by the Government to receive applications.

27. Establishment of office of Governor-General

1. Head of state selection
   There shall be a Governor-General of Solomon Islands who shall be appointed by the Head of State in accordance with an address from Parliament and who shall be the representative of the Head of State in Solomon Islands.
2. Minimum age of head of state, Eligibility for head of state
   A person shall not be qualified for appointment to the office of Governor-General unless he is qualified for election as a member of Parliament under Chapter VI of this Constitution.
3. The office of Governor-General shall become vacant—
   1. Head of state term length
      at the expiration of five years from the date of his appointment; or
   2. Head of state removal
      if he is removed from office by the Head of State, in accordance with an address from Parliament supported by the votes of at least two-thirds of all the members thereof, for misbehaviour or for such other cause as may be prescribed by Parliament.
4. Head of state term limits
   No person may be appointed as Governor-General for more than two terms of office.

28. Acting Governor-General

29. Oaths to be taken by Governor-General

30. Executive authority of Solomon Islands

1. The executive authority of the people of Solomon Islands is vested in the Head of State.
2. Save otherwise provided in this Constitution, that authority may be exercised on behalf of the Head of State by the Governor-General either directly or through officers subordinate to him.
3. Nothing in this section shall preclude persons or authorities other than the Governor-General from exercising such functions as may be conferred upon them by any law.

31. Exercise of Governor-General’s functions

1. In the exercise of his functions under this Constitution or any other law, the Governor-General shall act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet except in cases where he is required by this Constitution to act in accordance with the advice of, or after consultation with, any person or authority other than the Cabinet or in his own deliberate judgment.
2. Where the Governor-General is required by this Constitution to exercise any function after consultation with any person or authority other than the Cabinet, he shall not be obliged to exercise that function in accordance with the advice of that person or authority.
3. Where the Governor-General is required by this Constitution to act in accordance with the advice of, or after consultation with, any person or authority, the question whether he has in any matter so acted shall not be called in question in any court of law.

32. Governor-General to be kept informed

33. Ministers

1. Eligibility for head of government, Head of government selection, Eligibility for cabinet, Head of government's role in the legislature
   There shall be a Prime Minister who shall be elected as such by the members of Parliament from amongst their number in accordance with the provisions of Schedule 2 to this Constitution.
2. Deputy executive
   There shall be, in addition to the office or Prime Minister such other offices of Minister of the Government, not exceeding eleven or such greater number as Parliament may prescribe, as may be established by the Governor-General, acting in accordance with the advice of the Prime Minister:

   Provided that one or such offices of Minister of the Government shall be that of Deputy Prime Minister.

3. Cabinet selection
   The Ministers other than the Prime Minister shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister from among the members of Parliament:

   Provided that if occasion arises for making an appointment while Parliament is dissolved a person who was a member of Parliament immediately before the dissolution may be appointed.

34. Tenure of office of Ministers

1. Head of government replacement
   If a resolution of no confidence in the Prime Minister is passed by Parliament by an absolute majority of the votes of members thereof the Governor-General shall remove the Prime Minister from office, whereupon the members of Parliament shall meet as soon as possible during the same session of Parliament to elect a new Prime Minister in accordance with the provisions of Schedule 2 to this Constitution.
2. A motion for a resolution of no confidence in the Prime Minister shall not be passed by Parliament unless notice of the motion has been given to the Speaker at least seven clear days before it is introduced.
3. The office of Prime Minister shall also become vacant—
   1. when, after a general election, the members of Parliament meet to elect a Prime Minister in accordance with the provisions of Schedule 2 to this Constitution;
   2. if he ceases to be a member of Parliament for any reason other than a dissolution of Parliament;
   3. if he is elected as Speaker or Deputy Speaker; or
   4. if he resigns such office by writing under his hand addressed to the Governor-General.
4. Subject to the next following subsection, during any period when the office of Prime Minister is vacant, the person who held that office immediately before the vacancy arose shall continue to perform the functions of Prime Minister until a person is elected to the office of Prime Minister in accordance with the provisions of Schedule 2 to this Constitution.
5. If the person holding the office of Prime Minister dies, the Governor-General shall, after consultation with the other Ministers, appoint one of them to perform the functions of Prime Minister until a person is elected to the office of Prime Minister in accordance with the provisions of Schedule 2 to this Constitution.
6. The office of a minister other than the Prime Minister shall become vacant—
   1. upon the election of any person to the office of Prime Minister in accordance with the provisions of Schedule 2 to this Constitution;
   2. if be ceases to be a member of Parliament for any reason other than a dissolution of Parliament;
   3. if he is elected as Speaker or Deputy Speaker;
   4. if he resigns such office by writing under his hand addressed to the Governor-General; or
   5. Cabinet removal
      if his appointment to the office of a Minister is revoked by the Governor-General acting in accordance with the advice of the Prime Minister.

35. The Cabinet

1. There shall be a Cabinet for Solomon Islands, consisting of the Prime Minister and the other Ministers.
2. Cabinet removal
   The functions of the Cabinet shall be to advise the Governor-General in the government of Solomon Islands and the Cabinet shall be collectively responsible to Parliament for any advice given to the Governor-General by or under the general authority of the Cabinet and for all things done by or under the authority of any Minister in the execution of his office.
3. The provisions of the preceding subsection shall not apply in relation to—
   1. the appointment and removal from office of Ministers, the assigning of responsibility to any Minister under Section 37 of this Constitution, or the authorisation of another Minister to perform the functions of the Prime Minister during illness or absence; or
   2. the matters referred to in Section 45 of this Constitution (which relate to the Prerogative of Mercy).
4. The Attorney-General shall be the legal adviser to the Cabinet and as such shall attend the meetings of the Cabinet unless otherwise directed by the Cabinet.

36. Proceedings in Cabinet

1. The Cabinet shall be summoned by the Prime Minister.
2. The Prime Minister shall, so far as is practicable, attend and preside at all meetings of the Cabinet.
3. No business except that of adjournment shall be transacted in the Cabinet if objection is taken by any member present that there are present less than a majority of the members for the time being of the Cabinet.
4. Subject to the preceding subsection, the Cabinet shall not be disqualified for the transaction of business by reason of any vacancy in its membership, and any proceedings of the Cabinet shall be valid notwithstanding that some person who was not entitled to do so took part in those proceedings.
5. The Prime Minister shall decide what business shall be considered at any meeting of the Cabinet.
6. The person presiding in the Cabinet may summon any person to a meeting of the Cabinet, notwithstanding that that person is not a member of the Cabinet, when in the opinion of the person presiding the business of the Cabinet makes the presence of that person desirable:

   Provided that a person shall not be under any obligation to answer any question put to him by any member of the Cabinet at such meeting.

37. Assignment of responsibilities to Ministers

38. Performance of Prime Minister’s functions during illness or absence

1. Whenever the Prime Minister is unable, by reason of illness or absence from Solomon Islands, to perform the functions conferred on him by this Constitution, those functions shall be performed by the Deputy Prime Minister or, if he too is unable to do so, the Governor-General may, by directions in writing, authorise some other Minister to perform those functions (other than the functions conferred by this section) and that Minister may perform those functions until his authority is revoked by the Governor-General.
2. The powers of the Governor-General under this section shall be exercised by him in accordance with the advice of the Prime Minister:

   Provided that if the Governor-General, acting in his own deliberate judgment, considers that it is impracticable to obtain the advice of the Prime Minister owing to the Prime Minister’s illness or absence, the Governor General may exercise those powers without that advice and in his own deliberate judgment.

39. Oaths to be taken by members of Cabinet

40. Direction, etc. of Government departments

41. Secretary to Cabinet

1. There shall be a Secretary to the Cabinet whose office shall be that of a Permanent Secretary.
2. The Secretary to the Cabinet shall have charge of the office of the Cabinet and shall be responsible, in accordance with such instruction as may be given to him by the Prime Minister, for arranging the business for, and keeping the minutes of, the meetings of the Cabinet and for conveying the decisions of the Cabinet to the appropriate person or authority, and shall have such other functions as the Prime Minister may from time to time direct.

42. Attorney-General

1. There shall be an Attorney-General whose office shall be a public office and who shall be the principal legal adviser to the Government.
2. The Attorney-General shall be appointed by the Judicial and Legal Service Commission acting in accordance with the advice of the Prime Minister.
3. No person shall be qualified to hold the office of Attorney-General unless he is entitled to practise in Solomon Islands as an advocate or as a barrister and solicitor.
4. If the Minister responsible for justice is not a person entitled to practise in Solomon Islands as an advocate or as a barrister and solicitor, the person holding the office of Attorney-General shall be entitled to take part in the proceedings of Parliament as adviser to the Government:

   Provided that he shall not be entitled to vote in Parliament or in any election for the office of Prime Minister.

43. Commissioner of Police

1. There shall be a Commissioner of Police, whose office shall be a public office.
2. The Commissioner of Police shall be appointed by the Governor-General acting in accordance with the advice of the Prime Minister tendered after the Prime Minister has consulted the Police and Correctional Service Commission.
3. The Police Force shall be under the command of the Commissioner of Police.
4. The Prime Minister, or such other Minister as may be authorised in that behalf by the Prime Minister, may give to the Commissioner of Police such general directions of policy with regard to the maintenance of public safety and public order as he may consider necessary and the Commissioner shall comply with such direction or cause them to be complied with.
5. Nothing in this section shall be construed as precluding the assignment to a Minister of responsibility under Section 37 of this Constitution for the organization, maintenance and administration of the Police Force, but the Commissioner of Police shall be responsible for determining the use and controlling the operations of the Force and, except as provided in the preceding subsection, the Commissioner shall not, in the exercise of his responsibilities and powers with respect to the use and operational control of the Force, be subject to the direction or control of any person or authority.

44. Constitution of offices

45. Prerogative of Mercy

1. The Governor-General may, in the name and on behalf of the Head of State—
   1. Power to pardon
      grant to any person convicted of any offence under the law of Solomon Islands a pardon either free or subject to lawful conditions;
   2. grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for such an offence;
   3. substitute a less severe form of punishment for any punishment imposed on any person for such an offence; or
   4. remit the whole or any part of any punishment imposed on any person for such an offence or any penalty or forfeiture otherwise due to the Crown on account of such an offence.
2. Advisory bodies to the head of state
   There shall be a Committee on the Prerogative of Mercy (in this section referred to as “the Committee”) which shall consist of the following members—
   1. a Chairman and two other persons, one of whom shall be a qualified medical practitioner and the other of whom shall be a social worker, appointed by the Governor-General in his own deliberate judgment; and
   2. one person nominated—
      1. by the Honiara City council, if the person whose case is being reviewed ordinarily resides in Honiara City; or
      2. by the provincial assembly of a province, if such a person ordinarily resides in that province.
3. Honiara City council and the provincial assembly of every province shall as soon as it is elected nominate a person for the purpose of subsection (2)(b) of this section for such period as it deems appropriate.
4. A member of the Committee appointed under subsection (2)(a) of this section shall vacate his seat on the Committee—
   1. at the expiration of the term of his appointment (if any) specified in the instrument of his appointment; or
   2. if his appointment is revoked by the Governor-General, acting in his own deliberate judgment.
5. In the exercise of the powers conferred upon him by subsection (1) of this section, the Governor-General shall act in accordance with the advice of the Committee.
6. The validity of the transaction of any business by the Committee shall not be affected by reason only of the fact that some person who was not entitled to do so took part in the proceedings.
7. Whenever any person has been sentenced to death (otherwise than by a court-martial) for an offence, a report on the case by the judge who presided at the trial (or, if a report cannot be obtained from that judge, a report on the case by the Chief Justice), together with such other information derived from the record of the case or elsewhere as may be required by or furnished to the Committee shall be taken into consideration at a meeting of the Committee, which shall then advise the Governor-General whether or not to exercise his powers under subsection (1) of this section in that case.

Part I. Parliament

Part II. Legislation and Procedure in Parliament

Part I. The Application of Laws

Part II. The Judiciary

Part III. The Director of Public Prosecutions and the Public Solicitor

93. Application of this Chapter

94. Responsibilities of office

1. A person to whom this Chapter applies has a duty to conduct himself in such a way, both in his public or official life and his private life, and in his associations with other persons, as not—
   1. to place himself in a position in which he has or could have a conflict of interests or in which the fair exercise of his public or official duties might be compromised;
   2. to demean his office or position;
   3. to allow his integrity to be called into question; or
   4. to endanger or diminish respect for and confidence in the integrity of the government of Solomon Islands.
2. In particular, a person to whom this Chapter applies shall not use his office for personal gain or enter into any transaction or engage in any enterprise or activity that might be expected to give rise to doubt in the public mind as to whether he is carrying out or has carried out the duty imposed by the preceding subsection.
3. It is the further duty of a person to whom this Chapter applies—
   1. to ensure, as far as is within his lawful power, that his spouse and children and any other persons for whom he is responsible, including nominees, trustees and agents, do not conduct themselves in a way that might be expected to give rise to doubt in the public mind as to his complying with his duties under this section; and
   2. if necessary, publicly to dissociate himself from any activity or enterprise of any of his associates, or of a person referred to in paragraph (a) of this subsection, that might be expected to give rise to such a doubt.
4. A person to whom this Chapter applies who—
   1. is convicted of an offence in respect of his office or position or in relation to the performance of his functions or duties;
   2. fails to carry out the obligations imposed by the preceding subsections of this section; or
   3. commits any act or omission prescribed under Section 95 of this Constitution as constituting misconduct in office,

   is guilty of misconduct in office.

95. Further provisions

96. Office of Ombudsman

1. There shall be an Ombudsman, whose office shall be a public office.
2. The Ombudsman shall be appointed by the Governor-General, acting in accordance with the advice of a committee consisting of the Speaker, the Chairman of the Public Service Commission and the Chairman of the Judicial and Legal Service Commission.
3. If the person appointed as Ombudsman is a member of Parliament or a provincial assembly, he shall forthwith cease to be such a member.
4. The Ombudsman shall not perform the functions of any other public or provincial government office, and shall not, without the approval of the Governor-General in each particular case, hold any other office of emolument than the office of the Ombudsman or engage in any occupation for reward outside the duties of his office.
5. Subject to the provisions of the next following subsection, the Ombudsman shall vacate his office at the expiration of five years from the date of his appointment.
6. The Ombudsman may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the procedure for the removal of a judge of the High Court as set out in subsection (4) to (7) of Section 80 of this Constitution.

97. Functions of Ombudsman

1. Ombudsman
   The functions of the Ombudsman shall be to:—
   1. enquire into the conduct of any person to whom this section applies in the exercise of his office or authority, or abuse thereof;
   2. assist in the improvement of the practices and procedures of public bodies; and
   3. ensure the elimination of arbitrary and unfair decisions.
2. Parliament may confer additional functions on the Ombudsman.
3. This section applies to members of the public service, the Police Force, the Correctional Service, the government of Honiara City, provincial governments, and such other offices, commissions, corporate bodies or public agencies as may be prescribed by Parliament:

   Provided that it shall not apply to the Governor-General or his personal staff or to the Director of Public Prosecutions or any person acting in accordance with his instructions.

4. Nothing in this section or in any Act of Parliament enacted for the purposes of this Chapter shall confer on the Ombudsman any power to question or review any decision of any judge, magistrate or registrar in the exercise of his judicial functions.

98. Discharge of functions of Ombudsman

1. In the discharge of his functions the Ombudsman shall not be subject to the direction or control of any other person or authority and no proceedings of the Ombudsman shall be called in question in any Ombudsman court of law.
2. The Ombudsman shall not conduct an investigation in respect of any matter if he has been given notice by the Prime Minister that the investigation of that matter would not be in the interests of the security of Solomon Islands.
3. The Ombudsman shall make an annual report and may make such additional reports to Parliament as he deems appropriate concerning the discharge of his functions, and may draw attention to any defects which appear to him to exist in the administration or any law.

99. Further provisions

100. Consolidated Fund and Special Funds

1. All revenues or other moneys raised or received by or for the purposes of the Government (not being revenues or other moneys that are payable by or under any law into some other fund established for any specific purpose or that may, by or under any law, be retained by the authority that received them for the purpose of defraying the expenses of that authority) shall be paid into and form one Consolidated Fund.
2. Parliament may make provision for the establishment of Special Funds, which shall not form part of the Consolidated Fund.
3. The receipts, earnings and accruals of Special Funds established under this section and the balance of such funds at the close of each financial year shall not be paid into the Consolidated Fund but shall be retained for the purposes of’ those funds.

101. Withdrawal of money from the Consolidated Fund

1. No money shall be issued from the Consolidated Fund except upon the authority of a warrant under the hand of the Minister of Finance.
2. No warrant shall be issued by the Minister of Finance for the purpose of meeting any expenditure unless—
   1. the expenditure has been authorised for the financial year during which the issue is to take place by an Appropriation Act;
   2. the expenditure has been authorised in accordance with the provisions of Section 103 or 104 of this Constitution; or
   3. it is statutory expenditure.

102. Authorisation of expenditure

1. The Minister of Finance shall cause to be prepared and laid before Parliament before the commencement of each financial year estimates of the revenues and expenditure of the Government for that year, provided that in exceptional circumstances which shall be explained to Parliament the Minister may cause the estimates to be laid before Parliament not later than ninety days after the commencement of the financial year.
2. The heads of expenditure contained in the estimates (other than statutory expenditure) shall be included in a bill to be known as an Appropriation Bill which shall be introduced into Parliament to provide for the issue from the Consolidated Fund of the sums necessary to supply those heads and the appropriation of those sums for the purposes specified therein.
3. If in respect of any financial year it is found that the sum appropriated by the Appropriation Act for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no sum has been appropriated by that law, a supplementary estimate showing the sums required shall be included in a supplementary Appropriation Bill for appropriation.
4. If, at the close of account for any financial year, it is found that any moneys have been expended on any head in excess of the sum appropriated for that head by an Appropriation Act or for a purpose for which no money has been appropriated, the excess or the sum expended but not appropriated as the case may be shall be included in a statement of heads in excess which, together with the report of the Public Accounts Committee thereon, shall be presented to Parliament.
5. Statutory expenditure shall not be voted on by Parliament but, without further authority of Parliament, shall be paid out of the Consolidated Fund by warrant under the hand of the Minister of Finance.

103. Authorisation of expenditure in advance of appropriation

1. If the Appropriation Act in respect of any financial year has not come into operation by the beginning of that financial year, Parliament by resolution may empower the Minister of Finance to authorise the issue of moneys from the Consolidated Fund for the purpose of meeting expenditure necessary to carry on the public services at a level not exceeding the level of these services in the previous financial year, 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.
2. Where in respect of any financial year the Minister is satisfied that an urgent and unforeseen need has arisen to authorise for any purpose issues from the Consolidated Fund for expenditure in excess of the sum appropriated for that purpose by an Appropriation Act, or for a purpose for which no sum has been so appropriated, he may, subject to the provisions of any law or regulations for the time being in force in that regard, authorise with the prior approval of the Cabinet, such issues by warrant and shall include such amount in a Supplementary Appropriation Bill for appropriation at the meeting of Parliament next following the date on which the warrant was issued:

   Provided that if there shall be no further meeting in the same financial year, the Bill may be deferred to any meeting held before the end of the following financial year.

3. No expenditure shall be authorised or incurred under the preceding subsection unless Parliament has specified in advance of the expenditure the maximum amount of expenditure that may be incurred under that subsection.

104. Delay in Appropriation Act owing to dissolution

105. Public debt and borrowing

1. There shall be charged on the Consolidated Fund all debt charges for which the Government is liable.
2. For the purposes of this section debt charges include interest, sinking fund charges, the repayment or amortisation of debt, and all expenditure in connection with the raising of loans on the security of the revenue of the Government or the Consolidated Fund and the service and redemption of debt thereby created.
3. The Government shall not borrow money nor enter into a guarantee involving any financial liability except in accordance with such provisions as may be prescribed by Parliament.

106. Imposition of Taxation

107. Remuneration of certain officers

1. There shall be paid to the holders of the offices to which this section applies such salary or other remuneration and such allowances as of may be prescribed by Parliament.
2. The remuneration and allowances payable to the holders of those offices are hereby charged on and shall be paid out of the Consolidated Fund.
3. The remuneration prescribed in pursuance of this section in respect of the holder of any such office and his other terms of service (other than allowances that are not taken into account in computing, under any law in that behalf, any pension payable in respect of his appointment) except as part of any alteration generally applicable to holders of offices specified in this section.
4. Where a person’s remuneration or other terms of service depend upon his option, the remuneration or terms for which he opts shall, for the purpose of the preceding subsection, 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 Governor-General, any Judge of the High Court or the Court of Appeal, Speaker, Ombudsman, Director of Public Prosecution, Public Solicitor, Auditor-General, Commissioner of Police and member of any Commission established by this Constitution.

108. Auditor-General

1. There shall be an Auditor-General whose office shall be a public office.
2. The Auditor-General shall be appointed by the Governor-General, acting in accordance with the advice of the Public Service Commission.
3. The public accounts of Solomon Islands, of all Ministries, offices, courts and authorities of the Government, of the government of Honiara City and of all provincial governments, shall be audited and reported on annually by the Auditor-General and for that purpose the Auditor-General or any person authorised by him in that behalf shall at all times be entitled to access to all books, records, returns and other documents relating to such accounts.
4. The Auditor-General shall submit his reports to the Speaker who shall cause them to be laid before Parliament; and he shall also send a copy of each report to the Minister of Finance and the Minister concerned.
5. In the exercise of his functions under this section, the Auditor-General shall not be subject to the direction or control of any other person or authority.
6. Nothing in this section shall prevent the performance by the Auditor-General of—
   1. such other functions in relation to the accounts of the Government and the accounts of other public authorities and other bodies administering public funds in Solomon Islands as may be prescribed by Parliament; or
   2. such other functions in relation to the supervision and control of expenditure from public funds in Solomon Islands as may be so prescribed.

109. Interpretation

110. Land

111. Non-customary land

112. Customary Land

113. Savings and interpretation

1. Nothing in this Chapter shall be construed as enabling Parliament to make any provision which is inconsistent with the provisions of Section 8(1)(c) of this Constitution.
2. In this Chapter “Solomon Islander” has the same meaning as in the Land and Titles Ordinance.

114. Provincial government

1. Notwithstanding anything contained in the Solomon Islands Independence Order 1978, Solomon Islands shall be divided into Honiara City and provinces.
2. Parliament shall by law—
   1. prescribe the number of provinces, and the boundaries of Honiara City and the provinces after considering the advice of the Constituency Boundaries Commission;
   2. make provision for the government of Honiara City and the provinces and consider the role of traditional chiefs in the provinces.

115. Public Service Commission

1. There shall be a Public Service Commission for Solomon Islands which shall consist of a Chairman and not less than two nor more than four other members appointed by the Governor-General for such period, being not less than three nor more than six years, as may be specified in their respective instruments of appointment.
2. A person shall be disqualified for appointment as a member of the Public Service Commission if he is a member of Parliament or a public officer or an officer of any society or association which the Governor-General, in his own deliberate judgment, is satisfied is of a political nature.
3. A person shall not, while he holds or is acting in the office of a member of the Public Service Commission or within a period of five years commencing with the date on which he last held or acted in that office, be eligible for appointment to or to act in any public office.
4. The office of a member of the Public Service Commission shall become vacant—
   1. at the expiration of the period specified in the instrument by which he was appointed;
   2. if he becomes a member of Parliament;
   3. if he becomes an officer of any society or association which the Governor-General, in his own deliberate judgment, is satisfied is of a political nature; or
   4. if he is removed from office in accordance with Section 126 of this Constitution.
5. Whenever the office of the Chairman of the Public Service Commission is vacant or the holder thereof is for any reason unable to perform the functions of his office, such one of the other members of the Public Service Commission as the Governor-General shall appoint may act in the office of the Chairman.
6. If the office of a member of the Public Service Commission other than the Chairman is vacant or the holder thereof is acting as the Chairman or is for any reason unable to perform the functions of his office, the Governor-General may appoint a person who is qualified for appointment as a member of the Commission to act as such a member; and any person so appointed may, subject to the provisions of subsection (4) of this section, continue to act until he is notified by the Governor-General that the circumstances giving rise to the appointment have ceased to exist.
7. Except as provided in subsections (2) and (4)(c) of this section, the powers conferred on the Governor-General by this section shall be exercised by him acting in accordance with the advice of the Prime Minister.

116. Appointments, etc. of public officers

1. Subject to the provisions of this Constitution, power to make appointments to public offices (including power to confirm appointments) and to remove and to exercise disciplinary control over persons holding or acting in such offices is vested in the Public Service Commission.
2. The Public Service Commission may, subject to such conditions as it thinks fit, delegate any of its powers under this section by directions in writing to any member of the Commission or to any public officer.
3. The provisions of this section shall not apply in relation to—
   1. the office of any judge of the High Court or the Court or Appeal;
   2. the office of Ombudsman, Director of Public Prosecutions, Public Solicitor or Auditor-General;
   3. any office to which Section 116B or 118 of this Constitution applies;
   4. the office of any member of the Police Force or the Correctional Service; or
   5. the office to which Section 127 of this Constitution applies.
4. The Public Service Commission shall not exercise any of its powers in relation to any office on the personal staff of the Governor-General or in relation to any person holding or acting in any such office without the concurrence of the Governor-General, acting in his own deliberate judgment.
5. Before making any appointment to any office on the staff of the Ombudsman, the Public Service Commission shall consult the Ombudsman.
6. Before making any appointment to the office of Clerk to the Legislature, the Public Service Commission shall consult the Speaker.

116A. Teaching Service Commission

1. There shall be a Teaching Service Commission comprised of—
   1. the Chairman of the Public Service Commission shall be Chairman of the Commission;
   2. not less than 2 nor more than 3 other members appointed by the Governor-General for such period being not less than 3 nor more than 6 years as may be specified in their respective instruments of appointment.
2. Any person shall be disqualified for appointment as a member of the Teaching Service Commission if he is a member of Parliament or Provincial Assembly or a public officer or an officer of any society or association which the Governor-General in his own deliberate judgment is satisfied is of a political nature.
3. A person shall not while he holds or is acting in the office of a member of the Teaching Service Commission be eligible for appointment to or to act in any public office.
4. The office of a member of the Teaching Service Commission shall become vacant—
   1. at the expiration of the period specified in the instrument by which he was appointed;
   2. if he becomes a member of Parliament;
   3. if he becomes an officer of any society or association which the Governor-General in his own deliberate judgment, is satisfied is of a political nature; or
   4. if he is removed from office in accordance with Section 126.
5. If the office of a member of the Teaching Service Commission other than the Chairman is vacant or the holder is acting as the Chairman or is for any reason unable to perform the functions of his office, the Governor-General may appoint a person who is qualified for appointment as a member of the commission to act as such a member, and any person so approximate may, subject to subsection (4), continue to act until he is notified by the Governor-General at the circumstances giving rise to the appointment have ceased to exist.

116B. Appointments, etc. of teachers

1. Power to make appointments to the offices to which this section applies (including power to confirm appointments) and to remove and to exercise control over persons holding or acting in such offices is vested in the Teaching Service Commission.
2. The Teaching Service Commission may, subject to such conditions as it thinks fit, delegate any of its powers under this section by directions in writing to any member of the Commission or to any public officer or to any provincial government officer.
3. Before making any appointment to a school set up by a Provincial Assembly or a Church or other body, the Teaching Service Commission shall consult the relevant education authority.
4. This section applies to teachers in primary schools, secondary schools and institutes of tertiary education.

117. Judicial and Legal Service Commission

1. There shall be a Judicial and Legal Service Commission for Solomon Islands.
2. The members of the Commission shall be—
   1. the Chief Justice, who shall be Chairman of the Commission;
   2. the Attorney-General;
   3. the Chairman of the Public Service Commission;
   4. the President of the Bar Association; and
   5. two other members.
3. The two members referred to in paragraph (e) of subsection (2) shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister.[5]
4. The office of the member of the Commission appointed under the preceding subsection shall become vacant—
   1. at the expiration of three years from the date of his appointment;
   2. if he becomes a member of Parliament or a public officer other than a judge of the High Court or the Court of Appeal; or
   3. if he is removed from office in accordance with Section 126 of this Constitution.

118. Appointments, etc. of judicial and legal officers

1. Power to make appointments to the offices to which this section applies (including power to confirm appointments) and to remove and to exercise disciplinary control over persons holding or acting in such offices is vested in the Judicial and Legal Service Commission.
2. This section applies to—
   1. all public offices for which a legal qualification is required, except those of Attorney-General, judge of the High Court or the Court of Appeal, Director of Public Prosecutions and Public Solicitor;
   2. magistrates engaged in full time judicial and related duties; and
   3. such other officers, including registrars of the High Court and the Court of Appeal, as may be prescribed.

119. Police and Correctional Service Commission

1. There shall be a Police and Correctional Service Commission for Solomon Islands.
2. The members of the Commission shall be—
   1. the Chairman of the Public Service Commission, who shall be Chairman of the Commission;
   2. the Chairman or the Judicial and Legal Service Commission; and
   3. a person appointed by the Governor-General, acting in accordance with the advice of the Prime Minister.
3. If the office of the member of the Commission appointed under subsection (2)(c) of this section is vacant or the holder thereof is for any reason unable to perform the functions of his office, the Governor-General, acting in accordance with the advice of the Prime Minister, may appoint some other person to act in the office of that member; and any person so appointed may continue to act until he is notified by the Governor-General, acting as aforesaid, that the circumstances giving rise to the appointment have ceased to exist.

120. Appointments of officers in Police Force

1. Save as provided in Section 43(2) of this Constitution, power to make appointments (including power to confirm appointments) to offices in the Police Force of or above the rank of Inspector is vested in the Police and Correctional Service Commission.
2. Power to make appointments (including power to confirm appointments) in the Police Force below the rank of Inspector is vested in the Commissioner of Police.
3. There shall be in the Police Force such number of Police Promotion Boards, each consisting of officers in the Police Force above the rank of Inspector, as may be prescribed by regulations made under subsection (1) of this section.
4. In the exercise of the powers to make appointments to offices in the Police Force vested in him, the Commissioner of Police may refer any question relating to the promotion of an officer in the Police Force to a rank below that of Inspector to a Police Promotion Board for their advice, but he shall not be obliged to act in accordance with the advice given him by any such Board.
5. The Police and Correctional Service Commission may by regulations make provision for all or any of the following matters—
   1. the number of Police Promotion Boards which shall be established for the Police Force;
   2. the composition of any Police Promotion Board and the method of appointment and tenure of office of the members thereof; and
   3. the manner in which a Police Promotion Board shall perform its functions.
6. The power to make appointments under subsection (1) of this section shall not extend to postings or transfers within the Police Force of officers in that Force, and the power to make such postings and transfers is vested in the Commissioner of Police.

121. Removal and discipline of members of Police Force

1. Save as provided in Section 129 of this Constitution and subsection (2) of this section, power to remove and to exercise disciplinary control over persons holding or acting in offices in the Police Force is vested in the Police and Correctional Service Commission.
2. The following powers are vested in the Commissioner of Police—
   1. in respect of officers of or above the rank of Assistant Superintendent, the power to administer reprimands;
   2. in respect of Inspectors, the power to exercise disciplinary control other than removal or reduction in rank; and
   3. in respect of officers below the rank of Inspector, the power to exercise disciplinary control including the power of removal.
3. The Commissioner of Police may, by directions in writing, and subject to such conditions as he thinks fit, delegate to any officer in the Police Force of or above the rank of Inspector any of his powers under subsection (2)(c) of this section other than the power of removal, but an appeal from any award of punishment by such an officer shall lie to the Commissioner.

122. Appeal

123. Appointments of officers in Correctional Service

1. Power to make appointments (including power to confirm appointments) to offices in the Correctional Service of or above the rank of Inspector is vested in the Police and Correctional Service Commission.
2. Power to make appointments (including power to confirm appointments) below the rank of Inspector is vested in the Commissioner of Correctional Service.
3. The power to make appointments under subsection (1) of this section shall not extend to postings or transfers within the Correctional Service of officers in that Service, and the power to make such postings and transfers is vested in the Commissioner of Correctional Service.

124. Removal and discipline of members of Correctional Service

1. Save as provided in subsection (2) of this section, power to remove and to exercise disciplinary control over persons holding or acting in offices in the Correctional Service is vested in the Police and Correctional Service Commission.
2. The following powers are vested in the Commissioner of Correctional Service—
   1. in respect of officers of or above the rank of Inspector, the power to administer reprimands;
   2. in respect of Inspectors, the power to exercise disciplinary control other than removal or reduction in rank; and
   3. in respect of officers below the rank or Inspector, the power to exercise disciplinary control including the power of removal.
3. The Commissioner of Correctional Service may, by directions in writing and subject to such conditions as he thinks fit, delegate to any officer in the Correctional Service of or above the rank of Inspector any of his powers under subsection (2)(c) of this section other than the power of removal, but an appeal from any award of punishment by such an officer shall lie to the Commissioner of Correctional Service.

125. Appeal

125A. Amnesty or immunity from disciplinary proceedings

126. Removal from office of members of Commissions

1. A person holding an office to which this section applies (in this section referred to as “a Commissioner”) may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.
2. A Commissioner shall be removed from office by the Governor-General if the question of his removal from that office has been referred to a tribunal appointed under the next following subsection and the tribunal has advised the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehaviour.
3. If the Governor-General considers that the question of removing a Commissioner ought to be investigated, then—
   1. the Governor-General shall appoint a tribunal in accordance with the provisions of subsection (6) of this section; and
   2. that tribunal shall inquire into the matter and report on the facts thereof to the Governor-General and advise the Governor-General whether the Commissioner ought to be removed under this section.
4. If the question of removing a Commissioner has been referred to a tribunal under this section, the Governor-General may suspend the Commissioner from performing the functions of his office, and any such suspension may at any time be revoked by the Governor-General, and shall in any case cease to have effect if the tribunal advises the Governor-General that the Commissioner should not be removed.
5. The offices to which this section applies are those of members of the Public Service Commission, appointed member of the teaching Service Commission under Section 116A(1)(b), members of the Judicial and Legal Service Commission appointed under Section 117(3) of this Constitution, and member of the Police and Correctional Service Commission appointed under Section 119(3) of this Constitution.
6. A tribunal appointed under this section shall consist of a chairman and two other members, and
   1. in the case of tribunal to investigate the removal of a member of the Judicial and Legal Service Commission appointed under Section 117(3) of this Constitution, all members of the tribunal shall be persons who hold or have held high judicial office in some part of the Commonwealth; and
   2. in any other case, the chairman shall be a person who holds or has held such office.
7. Except as provided in subsection (2) of this section, the functions of the Governor-General under this section shall be exercised by him in accordance with the advice of the Prime Minister.

127. Appointments, etc. to particular offices

1. Power to make appointments to the offices to which this section applies (including power to confirm appointments) and to remove and to exercise disciplinary control over persons holding or acting in such offices is vested in the Governor-General, acting in accordance with the advice of the Prime Minister tendered after the Prime Minister has consulted the Public Service Commission.
2. The offices to which this section applies are those of Ambassador, High Commissioner or other principal representative of Solomon Islands in any other country or accredited to any international organisation.

128. Appointment of Permanent Secretaries

1. Power to make appointments to the office of Permanent Secretary shall vest in the Public Service Commission acting with the concurrence of the Prime Minister.
2. Power of posting or transfer of a person holding the office of Permanent Secretary shall vest in the Prime Minister, acting after consultation with the Public Service Commission.

129. Tenure of office of certain public officers

1. The provisions of this section shall apply in relation to persons holding the offices of Auditor-General, Director of Public Prosecutions, Public Solicitor and Commissioner of Police.
2. Subject to the provisions of this section, a person to whom this section applies shall vacate his office when he attains the age of fifty-five years:

   Provided that the Governor-General may permit a person to whom this section applies who attains the age of fifty-five years to continue in office until he has attained such later age as may have been agreed between the Governor-General and that person.

3. A person to whom this section applies may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.
4. A person to whom this section applies shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under Section (5) of this section and the tribunal has recommended to the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehaviour.
5. If the Governor-General considers that the question of removing a person to whom this section applies from office for inability as aforesaid or for misbehaviour ought to be investigated, or if the Prime Minister represents to the Governor-General that that question ought to be investigated, then—
   1. the Governor-General shall appoint a tribunal, which shall consist of a Chairman who is a person who holds or has held high judicial office in some part of the Commonwealth, and not less than two other members; and
   2. the tribunal shall inquire into the matter and report on the facts thereof to the Governor-General and recommend to the Governor-General whether the Person ought to be removed from office for inability as aforesaid or for misbehaviour.
6. If the question of removing a person to whom this section applies has been referred to a tribunal under subsection (5) of this section, the Governor-General may suspend the person from performing the functions of his office, and any such suspension may at any time be revoked by the Governor-General and shall in any case cease to have effect if the tribunal recommends to the Governor-General that the person should not be removed.
7. Except as provided in subsection (4) of this section, the functions of the Governor-General under this section shall be exercised by him—
   1. in relation to the office of Auditor-General, in accordance with the advice of the Public Service Commission;
   2. in relation to the office of Director of Public Prosecutions or Public Solicitor, in accordance with the advice of the judicial and Legal Service Commission; and
   3. in relation to the office of Commissioner of Police, in his own deliberate judgment.
8. The provisions of this section shall not apply in relation to a person appointed to act in any office referred to in subsection (1) of this section during any period when that office is vacant or the holder thereof is unable to perform the functions of his office; and the appointment of such a person may be revoked by the Governor-General at any time before the expiration of that period.

130. Applicability of pensions law

1. Subject to the provisions or Section 132 of this Constitution, the law applicable to the grant and payment to any officer, or to his widow, children, dependants or personal representatives, of any pension, gratuity or other like allowance (in this section and in Sections 131 and 132 of this Constitution referred to as an “award”) in respect of the service of that officer in a public office shall be that in force on the relevant day or any later law not less favourable to the person concerned.
2. For the purposes of this section the relevant day is—
   1. in relation to an award granted before Independence Day, the day on which the award was granted;
   2. in relation to an award granted or to be granted on or after Independence Day to or in respect of a person who was a public officer before that day, the day immediately before that day;
   3. in relation to an award granted or to be granted to or in respect of a person who first becomes a public officer on or after Independence Day, the day on which he becomes a public officer.
3. For the purposes of this section, in so far as the law applicable to an award depends on the option of the person to or in respect of whom it is granted or to be granted, the law for which he opts shall be taken to be more favourable to him than any other law for which he might have opted.

131. Pensions, etc. charged on the Consolidated Fund

132. Grant and withholding of pensions, etc

1. The power to grant any award under any pensions law for the time being in force in Solomon Islands (other than an award to which, under that law, the person to whom it is payable is entitled as of right) and, in accordance with any provisions in that behalf in any such law, to withhold, reduce in amount or suspend any award payable under any such law shall vest in the Governor-General.
2. The power vested in the Governor-General by subsection (1) of this section shad be exercised by him—
   1. in the case of an award payable in respect of the services of any person who, having been a public officer, was, immediately before the date on which he ceased to hold public office, serving as a judge of the High Court or the Court of Appeal, or Commissioner of Police in his own deliberate judgment;
   2. in the case of an award payable in, respect of the services of any person who, having been a public officer, was, immediately before the date aforesaid, serving as Ombudsman, Director of Public Prosecution, or Public Solicitor, or in any office to which Section 118 of this Constitution applies at the date of the exercise of the power, in accordance with the advice of the Judicial and Legal Service Commission;
   3. in the case of an award payable in respect of the services of any person who, having been a public officer, was, immediately before the date aforesaid, serving in any office in the Correctional Service or in the Police Force other than the office of Commissioner of Police, in accordance with the advice of the Police and Correctional Service Commission; and
   4. in the case of an award payable in respect of the service of any other person for whom no other statutory or other provision has been made, in accordance with the advice of the Public Service Commission.
3. In this section, “pensions law” means any law relating to the grant to any person, or to the widow, children, dependants or personal representatives of that person, of an award in respect of the services of that person in a public office.

133. Powers of appointment and acting appointments

1. Any reference in this Constitution to [the] power to make appointments to any public office shall be construed as including a reference to [the] power to make appointments on promotion and transfer to that office and [the] power to appoint a person to act in that office during any period during which it is vacant or the holder thereof is unable to perform the functions of that office.
2. In this Constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating his office shall be construed as including a reference to any person who is for the time being lawfully acting or performing the functions of that office.
3. Where by this Constitution any person is directed, or power is conferred on any person or authority to appoint a person, to act in or otherwise perform the functions of an office if the holder thereof is unable to perform the functions of that office, the validity of any performance of those functions by the person so directed or of any appointment made in exercise of that power shall not be called in question in any court on the ground that the holder of that office is not unable to perform the functions of the office.

134. Reappointments and concurrent appointments

1. Where any person has vacated any office established by this Constitution, he may, if qualified, again be appointed or elected to hold that office in accordance with the provisions of this Constitution.
2. Whenever the holder of any office constituted by or under this Constitution, or any public office otherwise constituted, is on leave of absence pending relinquishment of his office—
   1. another person may be appointed to that office; and
   2. that person shall, for the purpose of any function of that office, be deemed to be the sole holder of that office.

135. Removal from office

1. References in this Constitution to the power to remove a public officer from his office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service and to any power or right to terminate a contract on which a person is employed as a public officer and to determine whether any such contract or shall not be renewed:

   Provided that—

   1. nothing in this subsection shall be construed as conferring on any person or authority power to require any judge of the High Court or the Court of Appeal, the Ombudsman, the Director of Public Prosecutions, the Public Solicitor, the Commissioner of Police or the Auditor-General to retire from the public service; and
   2. any power conferred by any law to permit a person to retire from the public service shall, in the case of any officer mentioned in the preceding paragraph or an officer who may be removed from office by some person or authority other than a Commission established by this Constitution, vest in the Commission or other authority that, if that officer had retired, would be the appropriate Commission or authority in relation to the awards of that officer under Section 132 of this Constitution.
2. Any provision of this Constitution that vests in any person or authority power to remove any public officer from his office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public officers generally or any class of public officer on attaining an age specified therein.

136. Resignations

137. Performance of functions of Commissions, etc

1. Any Commission established by this Constitution may by regulations make provision for regulating and facilitating the performance by the Commission of their functions under this Constitution.
2. Any decision by any such Commission shall require the concurrence of a majority of all the members thereof and, subject as aforesaid, the Commission may act notwithstanding the absence of any member:

   Provided that if in any particular case a vote of all the members is taken to decide the question and the votes cast are equally divided the Chairman shall exercise a casting vote.

3. Subject to the provisions of this section, any such Commission may regulate their own procedure.
4. In the exercise of their functions under this Constitution, no such Commission shall be subject to the direction or control of any other person or authority, except where otherwise provided by this Constitution.
5. In addition to the functions conferred upon them by or under this Constitution any such Commission shall have such powers and other functions (if any) as may be prescribed.
6. The validity of the transaction of business of any such Commission shall not be affected by the fact that some person who was not entitled to do so took part in the proceedings.
7. The provisions of subsections (1), (2), (3) and (4) of this section shall apply in relation to the Committee on the Prerogative of Mercy as they apply in relation to a Commissioner established by this Constitution.
8. The provisions of subsections (1), (2), (3) and (4) of this section shall apply in relation to a tribunal established for the purposes of Sections 14(4), 16(8), 87(6), 126(3) and 129(5) of this Constitution as they apply in relation to a Commission established by this Constitution, and any such tribunal shall have the same powers as the High Court in respect of the attendance and examination of witnesses (including the administration of oaths and the examination of witnesses abroad) and in respect of the production of documents.

138. Saving for jurisdiction of courts

139. Power to amend and revoke instruments, etc

140. Consultation

1. Where any person or authority other than the Governor-General is directed by this Constitution to exercise any function after consultation with any other person or authority, that person or authority shall not be obliged to exercise that function in accordance with the advice of that other person or authority.
2. Where any person or authority is directed by any law to consult any other person or authority before taking any decision or action, that other person or authority must be given a genuine opportunity to present his or its views before the decision or action, as the case may be, is taken.

141. Oaths

1. Before entering upon the functions of his office a person to whom this section applies shall take and subscribe the oath of allegiance and such other oath (if any) as may be prescribed by Parliament.
2. This section applies to any person appointed to hold or to act in—
   1. the office of any judge of the High Court or the Court of Appeal;
   2. such other public offices as may be prescribed by Parliament; and
   3. the office of member of any Commission established by this Constitution or of the Committee on the Prerogative of Mercy.

142. National Seal

143. Establishment of certain offices

144. Interpretation

1. In this Constitution, unless the context otherwise requires—
   • “absolute majority” means at least one half of all the members plus one;

     “the Commonwealth” means Solomon Islands and any country to which Section 24 of this Constitution for the time being applies, and includes the dependencies of any such country;

     “the Crown” means the Crown in right of Solomon Islands;

     “customary law” means the rules of customary law prevailing in an area of Solomon Islands;

     “functions” includes rights, duties and powers;

     “the Gazette” means the Solomon Islands Gazette;

     “the Government” means Her Majesty’s Government of Solomon Islands;

     “the Governor-General” means the Governor-General of Solomon Islands;

     “the High Court” and “the Court of Appeal” mean respectively the High Court and the Court of Appeal established by this Constitution;

     “high judicial office” means the office of judge of a court having unlimited jurisdiction in civil and criminal matters or a court having jurisdiction in appeals from any such court;

     “Independence Day” means 7th July 1978;

     “legal representative” means a person entitled to practise as an advocate or a barrister and solicitor in Solomon Islands;

     “meeting” in relation to Parliament means any sittings of Parliament commencing when Parliament first meets after being summoned at any time, and terminating when Parliament is adjourned sine die or at the conclusion of a session;

     “oath” includes affirmation;

     “oath of allegiance” means such oath of allegiance as is prescribed in Schedule 1 to this Constitution;

     “officer of the government of Honiara City” means a person holding or acting in any office of emolument in the service of an authority of the government of Honiara City;

     “Parliament” means the National Parliament of Solomon Islands established by this Constitution;

     “the Police Force” means the Solomon Islands Police Force;

     “prescribed” means prescribed in a law: Provided that—

     1. in relation to anything that may be prescribed only by Parliament, it means prescribed in an Act of Parliament; and
     2. in relation to anything that may be prescribed only by some other specified person or authority, it means prescribed in an order made by that other person or authority;

     "Correctional Service" means the Correctional Service of Solomon Islands;

     “provincial government officer” means a person holding or acting in any office of emolument in the service of a provincial government;

     “public office” means, subject to the provisions of the next following section, an office of emolument in the public service;

     “public officer” means a person holding or acting in any public office;

     “public service” means the service of the Crown in a civil capacity in respect of the government of Solomon Islands;

     “session” means the sittings of Parliament commencing when Parliament first meets after its prorogation or dissolution at any time and ending when Parliament is prorogued or dissolved without having been prorogued;

     “sitting” means, in relation to Parliament, a period during which Parliament sits without adjournment and includes any period during Parliament is in committee;

     “Solomon Islands” mean the territory which immediately before Independence Day constituted the territory under Her Majesty’s protection known as the Solomon Islands;

     “the Speaker” means the Speaker of Parliament.

2. The provisions referring to Her Majesty shall extend to Her Majesty’s Heirs and Successors in the sovereignty of the United Kingdom of Great Britain and Northern Ireland.
3. Save as otherwise provided in this Constitution, the Interpretation Act 1889 shall apply, with the necessary adaptations, for the purpose of interpreting this Constitution, and otherwise in relation thereto, applies for the purpose of interpreting, and in relation to, Acts of the Parliament of the United Kingdom.

145. References to public office, etc

1. In this Constitution the expression “public office” shall be construed—
   1. as including the office of any judge of the High Court or the Court of Appeal and the office of member of any other court of law in Solomon Islands, unless the context otherwise requires;
   2. as not including—
      1. the office of any Minister, Leader of the Opposition, Leader of the Independent Members, Speaker or, member of Parliament; or
      2. the office of a member of any Commission established by the Constitution or of the Committee on the Prerogative of Mercy.
2. For the purposes of this Constitution a person shall not be treated as holding, or acting in, a public office by reason only that he—
   1. is on leave of absence pending relinquishment of a public office, or is on leave of absence without salary from a public office;
   2. is receiving a pension or other like allowance from the Crown;
   3. is a special constable or a retired or reserve member of Her Majesty’s forces;
   4. is an officer of the government of Honiara City;
   5. is a provisional government officer; or
   6. is the holder of an office in the service or appointment of the Crown, or is performing any function on behalf of the Crown, if the only payments he receives in respect of that office or those functions are by way of travelling or subsistence allowances or a refund of out-of-pocket expenses.

1. Oath of Allegiance

2. Oath for the due execution of the office of Governor-General

3. Oath for the due execution of the office of member of the Cabinet

1. Calling of election meeting

2. List of candidates

3. Candidature

1. All members shall be eligible for candidature.
2. No member shall be a candidate unless he is nominated as such by four other members, and no member may nominate more than one candidate.
3. Any candidate may withdraw his candidature at any time before the conclusion of the election.

4. Election may be countermanded or suspended

5. Method of voting

1. Secret ballot
   The election shall be by secret ballot.
2. Each member shall have only one vote at the first and at each subsequent ballot, if any, held in accordance with paragraph 7 of this Schedule.

6. Conduct of meeting

1. The election meeting shall be presided over and the election conducted by the Governor-General.
2. The Governor-General may for the purpose of counting votes and for any other purpose relating to the conduct of the election enlist the assistance of such number of public officers as he shall consider necessary.
3. No person other than the Governor-General, a member, or a public officer whose assistance is enlisted under the preceding sub-paragraph shall be present at an election meeting.

7. Voting procedure

1. If any candidate should at any ballot receive an absolute majority of votes, he shall thereby be elected Prime Minister.
2. If no candidate should receive an absolute majority of votes at the first ballot a further ballot shall be held wherein—
   1. the candidate who received [the] fewest votes at the first ballot shall thereby be eliminated; or
   2. if there is a tie between two or more candidates for the fewest number of votes received at the first ballot, the Governor-General shall decide by lot which one of such candidates shall be eliminated.
3. If in a second ballot no candidate should receive an absolute majority of votes, subject to subparagraph (5) of this paragraph, further ballots shall be held until one candidate receives an absolute majority of votes.
4. The procedure specified in subparagraphs (1) and (2) of this paragraph relating to the first and second ballots shall apply in relation to subsequent ballots.
5. If, after one or more ballots, all candidates save two have been eliminated, only one further ballot shall be conducted to decide the election between these two candidates at which the candidate receiving the greater number of votes shall be elected Prime Minister.
6. If the ballot conducted in accordance with the preceding subparagraph results in a tie between the two candidates, one further ballot shall be conducted to decide the election between these two candidates and if there is a tie between them again, the Governor-General shall countermand the election and the election procedure shall be commenced de novo.
7. No ballot shall be held within a period of less than six hours after the conclusion of the preceding ballot.

8. Announcement of results

9. Notification of result

10. Disputes

11. Functions of Governor-General