Solomon Islands

Constitution of the Solomon Islands (1978, last amended 2009)

Updated: June 2015

Table of Contents:




Back to Top

Section 56, subsection (1) states:

Any person who is registered as an elector in any constituency shall be entitled to vote in such manner as may be prescribed at any election for that constituency…

 

Excerpt from the Constitution of the Solomon Islands (1978, last amended 2009)

 


Back to Top

Section 5, subsection (1) states:

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 -…

  • (i) 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…

 

Section 28 states:

Whenever the office of Governor-General is vacant or the holder of the office is absent from Solomon Islands or is for any other reason unable to perform the functions of his office, those functions shall be performed by the Speaker or, if the office of Speaker is vacant or the holder of that office is likewise absent or unable to perform those functions, by the Chief Justice.

 

Section 38 states:

(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 judgement, considers that is impracticable to obtain the advice of the Prime Minister owing to the Prime Minster's illness or absence, the Governor-General may exercise those powers without that advice and in his own deliberate judgement.

 

Section 49, subsection (1) states:

No person shall be qualified for election as a Member of Parliament who…

  • (d) is certified to be insane or otherwise adjudged to be of unsound mind under any law for the time being in force in Solomon Islands…

 

Section 55, subsection (3) states:

No person shall be entitled to be registered as an elector who…

  • (b) is certified to be insane or otherwise adjudged to be of unsound mind under any law for the time being in force in Solomon Islands…

 

Section 79 states:

(1) If the office of Chief Justice is vacant or if the person holding that office is for any reason unable to perform the functions of his office, the Governor-General, acting in accordance with the advice of the Judicial and Legal Service Commission, may appoint a puisne judge or some other person qualified for appointment as a judge of the High Court to act as Chief Justice.

(2) If the office of a puisne judge is vacant or if a person holding the office of puisne judge is acting as Chief Justice or is for any reason unable to perform the functions of his office, the Governor-General, acting in accordance with the advice of the Judicial and Legal Service Commission, may appoint a person qualified for appointment as a judge of the High Court to act as a puisne judge…

 

Section 86, subsection (5) states:

If the office of President of the Court of Appeal is vacant or if the person holding that office is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the holder thereof has resumed those functions, as the case may be, the Governor-General, acting in accordance with the advice of the Judicial and Legal Service Commission, may appoint one of the other judges of the Court of Appeal or some other person qualified for appointment to that office to act as President of the Court of Appeal…

 

Section 91, subsection (9) states:

During any period when the office of Director of Public Prosecutions is vacant or the holder of that office is for any reason unable to perform the functions of his office, those functions shall be performed by the Attorney-General.

 

Section 115 states:

(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.

 

Section 116A, subsection (5) states:

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 appointed may, subject to 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.

 

Section 119, subsection (3) states:

If the office of the member of the [Police and Prisons Service] 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.

 

Section 133 states:

(1) Any reference in this Constitution to power to make appointments to any public office shall be construed as including a reference to power to make appointments on promotion and transfer to that office and to 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 in 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 to 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 the office is not unable to perform the functions of the office.

 

Excerpts from the Constitution of the Solomon Islands (1978, last amended 2009)

Back to Top

Schedule 2, section 4 states:

If, at any stage of the election, a candidate dies or in the opinion of the Governor-General is seriously incapacitated, or if for any other reason the election in the opinion of the Governor-General cannot or is unlikely to be successfully completed in accordance with paragraph 7 of this Schedule, the Governor-General may either-

  • (a) countermand the election in which case the electoral procedure shall be commenced de novo; or
  • (b) suspend the election proceedings until some later time or day.

Section 28 states:

Whenever the office of Governor-General is vacant or the holder of the office is absent from Solomon Islands or is for any other reason unable to perform the functions of his office, those functions shall be performed by the Speaker or, if the office of Speaker is vacant or the holder of that office is likewise absent or unable to perform those functions, by the Chief Justice.

 

Section 38 states:

(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 judgement, considers that is impracticable to obtain the advice of the Prime Minister owing to the Prime Minster's illness or absence, the Governor-General may exercise those powers without that advice and in his own deliberate judgement.

 

Section 49, subsection (1) states:

No person shall be qualified for election as a Member of Parliament who…

  • (d) is certified to be insane or otherwise adjudged to be of unsound mind under any law for the time being in force in Solomon Islands…

 

Section 79 states:

(1) If the office of Chief Justice is vacant or if the person holding that office is for any reason unable to perform the functions of his office, the Governor-General, acting in accordance with the advice of the Judicial and Legal Service Commission, may appoint a puisne judge or some other person qualified for appointment as a judge of the High Court to act as Chief Justice.

(2) If the office of a puisne judge is vacant or if a person holding the office of puisne judge is acting as Chief Justice or is for any reason unable to perform the functions of his office, the Governor-General, acting in accordance with the advice of the Judicial and Legal Service Commission, may appoint a person qualified for appointment as a judge of the High Court to act as a puisne judge…

 

Section 86, subsection (5) states:

If the office of President of the Court of Appeal is vacant or if the person holding that office is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the holder thereof has resumed those functions, as the case may be, the Governor-General, acting in accordance with the advice of the Judicial and Legal Service Commission, may appoint one of the other judges of the Court of Appeal or some other person qualified for appointment to that office to act as President of the Court of Appeal…

 

Section 91, subsection (9) states:

During any period when the office of Director of Public Prosecutions is vacant or the holder of that office is for any reason unable to perform the functions of his office, those functions shall be performed by the Attorney-General.

 

Section 115 states:

(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.

 

Section 116A, subsection (5) states:

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 appointed may, subject to 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.

 

Section 119, subsection (3) states:

If the office of the member of the [Police and Prisons Service] 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.

 

Section 133 states:

(1) Any reference in this Constitution to power to make appointments to any public office shall be construed as including a reference to power to make appointments on promotion and transfer to that office and to 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 in 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 to 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 the office is not unable to perform the functions of the office.

 

Excerpts from the Constitution of the Solomon Islands (1978, last amended 2009)