Page:Vanuatu constitution.pdf/15



CONSTITUTION OF THE REPUBLIC OF VANUATU 45. Other times when a Minister ceases to hold office

A Minister, including the Prime Minister, shall also cease to hold office–
 * (a) when, after a general election, Parliament meets to elect a new Prime Minister;
 * (b) if he ceases to be a member of Parliament for any reason other than a dissolution of Parliament; or
 * (c) if he is elected as President of the Republic or as Speaker of Parliament.

46. Ministers to remain Members of Parliament'

Members of Parliament who are appointed Ministers shall retain their membership of Parliament.

47. The Judiciary

(1) The administration of justice is vested in the judiciary, who are subject only to the Constitution and the law. The function of the judiciary is to resolve proceedings according to law. If there is no rule of law applicable to a matter before it, a court shall determine the matter according to substantial justice and whenever possible in conformity with custom.

(2) Except for the Chief Justice the judiciary shall be appointed by the President of the Republic acting on the advice of the Judicial Service Commission.

(3) All members of the judiciary shall hold office until they reach the age of retirement. They shall only be removed from office by the President of the Republic in the event of–
 * (a) conviction and sentence on a criminal charge; or
 * (b) a determination by the Judicial Service Commission of gross misconduct, incapacity or professional incompetence.

(4) The promotion and transfer of members of the judiciary may only be made by the President of the Republic on the advice of the Judicial Service Commission.

(5) Parliament may provide for the appointment by the President of the Republic, after consultation with the Judicial Service Commission, of acting judges for such periods as may be set out in their instruments of appointment.

(6) Subarticle (3) so far as it relates to the removal from office shall apply to acting judges.

48. The Judicial Service Commission

(1) The Judicial Service Commission shall consist of the Minister responsible for justice, as Chairman, the Chief Justice, the Chairman of the Public Service Commission, and a representative of the National Council of Chiefs appointed by the Council. Rh