The Constitution

1980 Ed.]

1LAWS OF KIRIBATIREVISED EDITION 1980

CONSTITUTION OF KIRIBATI
By virtue of the Kiribati Act 1979, Kiribati attained independence as an Independent Republic on 12 July 1979. The
following Order made provision for a Constitution for
Kiribati to come into effect on that day, including provision
for the Legislature, the Head of State, the Executive Government, Judicature, and the Public Service. The Constitution
also contains provisions relating to citizenship of Kiribati,
the special status of Banaba and the Banabans, and fundamental rights and freedoms of the individual.
THE KIRIBATI INDEPENDENCE ORDER 1979
At the Court at Buckingham Palace, 26 June 1979
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers in Her
Majesty vested, is pleased, by and with the advice of Her
Privy Council, to order, and it is hereby ordered, as follows1.· (1) This Order may be cited as the Kiribati Independence Citation andOrder 1979.
commencement(2) This Order shall be published by exhibition at the Man~aba ni Maungatabu and shall come into operation on 12th July
1979 (in this Order referred to as "Independence Day"):
Provided that section 4 (2) of this Order shall come into operation forthwith.
Interpret2. (1) In this Orderation"the Constitution" means the Constitution set out in theSchedule to this Order;"the existing Constitution" means the Constitution set out inSchedule 2 to the Gilbert Islands Order 1975(a) as amendedby the Gilbert Islands (Amendment) Order 1976(b), the(8) S.l. 1975 III, p. 8487.
(b) S.L 1976 III. p. 6280.

The Constitution

2[1980 Ed.

Gilbert Islands (Amendment) Order 1977(a) and theGilbert
Islands (Amendment) (No.2) Order 1977(b);"the House of Assembly" means the House of Assembly established by the existing Constitution;"the existing Orders" means the Orders revoked by section 3 (1)of this Order.
(2) The provisions of sections l32, l33, l34 (2) and l38 of theConstitution shall apply for the purposes of interpreting sections
1 to l30f this Order and otherwise in relation thereto as they
apply for the purposes of interpreting and in relation to the Constitution.
Revocations

3. (1) The Gilbert and .Ellice Islands Order in Council
1915(c), the Gilbert Islands Order 1975, the Gilbert Islands(Amendment) Order 1976, the Gilbert Islands (Amendment)
Order 1977 and the Gilbert Islands (Amendment) (No.2) Order1977 are revoked.
(2) The Emergency Powers Order in Council 1939(d) and any
Order in Council amending that Order shall cease to have effectas part of the law of Kiribati on Independence Day.

Establishment
4. (1) Subject to the provisions of this Order, the Constitutionof Conslituh
Iff'lion
S al come into e ect In Kiribati on Independence Day.

,.

(2) The Governor (as defined for the purposes of the existingConstitution) may at any time after this· subsection comes into
operation exercise any of the powers conferred upon theBeretitenti by section 5 of this Order or by the Constitution tosuch extent as may in his opinion be necessary or expedient toenable the Constitution to function as from Independence Day.
I;xisling laws

5. (1) Subject to the provisions of this section, the existing.
laws shall, notwithstanding the revocation of the existing Orders
or the establishment of a Republic in Kiribati, continue in force
on and after Independence Day as if they had been made inpursuance of this Order.
(2) The existing laws and any Act of the Parliament of theUnited Kingdom or Order of Her Majesty in Council (otherthanthe Kiribati Act 1979 or this Order) having effect as part of thelaw of Kiribati or any part thereof immediately before Independence Day shall be construed with such modifications, adapta(a) s.1. 19c77 II, p. 4362.

(b) S.1. 1977,III, p. 6223.
(c) S.R. & O. Rev. 1948 IX, p. 655;(d) See S.l. 1952, I, p. 621.

4The Constitution[1980 Ed.

is consistent with the provisions of the Constitution, be deemed tohave been appointed or elected as from that day to hold or to act
in the latter office in accordance with the provisions of the. Constitution and to have take-n any necessary oath under the Constitution:
Provided that any person who, under the existing Orders or
under any existing law, would have been required to' vacate hisoffice at the expiration of any period or on the attainment of any
age shall, unless earlier removed in q.ccordance with the Constitution, vacate his office at the expiration of that period or upon theattainment of that age.
(2) Where any office of Minister (other than the office of ChiefMinister) is established under the existing Orders immediately
before Independence Day, an equivalent office shall be deemed
to have been established as from that day under the Constitution,
and any person holding that office immediately before that day
shall be deemed to have been appointed, immediately after theassumption of office by the first Beretitenti of the Republic ofKiribati, to hold the equivalent office in accordance with the provisions of the Constitution.
(3) In this section "existing law" means such a law as is referred to in section 5 (6) of this Order.
Maneaba niMaungatabu

7. (1) The persons who, immediately before Independence
Day, are members of the House of Assembly shall on that day
become members of the Maneaba ni Maungatabu and shall bedeemed to have taken any necessary oath under the Constitution
and shallhold their seats in the Maneaba in accordance with theprovisions of the Constitution.
(2) The person who immediately before Independence Day is
the Spccaker of the House of Assembly shall as from that day be
the Speaker of the Maneaba ni Maungatabu as if he -had been
elected as such in pursuance of the Constitution and shall hold his
office with the provisions of the Constitution.
(3) The rules and orders of the House of Assembly as in force
immediately. before Independence Day shall, until it is otherwise
provided in pursuance of section 67 of the Constitution, be therules of procedure of the Maneaba ni Maungatabu but shall beconstrued with such modifications, adaptations, qualifications andexceptions as may be necessary to bring them into conformity
with the Constitution:(4) Notwithstanding anything in section 78 Of the Constitution, the Maneaba ni Maungatabu shall, unless sooner dissolved,
stand dissolved on 24th February 1982.
..

· 1980 Ed.]

The Constitution

5

8. Where under any law in force in Kiribati immediately Prerogatives. . '1and privileges
bef ore I n d epen d ence D ay any prerogatIves
or pnvI eges are ves- of the Crown
ted in Her Majesty those prerogatives or privileges shall, as fromthat day, subject to the provisions of the Constitution, vest in theRepublic.
9. (1) Subject to the provisions of this section, any property ~:~fr.~rty andand assets which immediately before Independence Day are vested in Her Majesty or in the Governor of the Gilbert Islands, for'the purposes of the Government of the Gilbert Islands, shall, as'from that day, vest in the Republic ..

(2) Any property which, immediately before Independence·Day, is liable to escheat or to be forfeited to Her Majesty for the'purposes of the Government of the Gilbert Islands, shall, as fromday, be liable to escheat or to be forfeited to the Republic.
(3) Where, immediately before Independence Day, any perholds any property or assets in trust for Her Majesty or for
Governor of the Gilbert Islands for the purposes of the Gov-.
etnment of the Gilbert Islands, that person shall, as from that·hold such property or assets on the like trust for. theRights,
10. (1) All rights, liabilities and obligations ofliabilities and(a) Her Majesty in respect of the Government of the Gilbert obligations
Islands; and(b) the Governor of the Gilbert Islands or the holder of any
other office under the Crown in respect of the Government of the Gilbert Islands on behalf of that Government,.,,,,a,,, as from Independence Day, be rights, liabilities and obligaof the Republic and, subject to the provisions of any law, .
be enforceable by or against the Republic accordingly.

(2) In this section, rights, liabilities and obligations include
11 ,""', liabilities and obligations arising from contract or othere(other than any rights referred to in the preceding section
any rights, liabilities or obligations otHer Majesty arising'un,der any treaty, convention or agreement with another country'with any international organisation).
11. (1) All proceedings that, immediately before Indepen- ceedings
Legal propellce Day, are pending before any court established by or under
existing Constitution may be continued and concluded on andthat day before the corresponding court established by orItn(ipr the Constitution.

./

6The Constitution[1980 Ed.

(2) Any decision given before Independence Day by any suchcourt as aforesaid shall for the purpose of its enforcement or forthe purposes of any appeal therefrom have effect on and afterthat day as if it were a decision of the corresponding court established by or under the Constitution.
(3) Notwithstanding subsection (1) of this section. any appealsfrom the Gilbert Islands pending before the Fiji Court of Appeal
the hearing of which by that Court has commenced before Independence Day shall be continued and concluded on and after thatday before that Court; and any decision given by that Court shallfor the purpose of its enforcement have effect as if it were adecision of the Court of Appeal.
Jurisdiction,etc., of courts

12. Subject to the provisions of the Constitution and of any
other law for the time being in force in Kiribati, the jurisdiction ofthe courts of Kiribati shall, on and after Independence Day, beexercised in accordance with the law which governed the exerciseof that jurisdiction immediately before that day.

Alteration ofthis Order

13. (1) The Maneaba ni Maungatabu may alter any of theprovisions of this Order in the same manner as it may alter any ofthe provisions of the Constitution.

(2) Section 69 (4) of the Constitution shall apply for the purposes of construing references in this section to any provision ofthis Order and to the alteration of any such provision as it applies
for the purpose of construing references in the said section 69 toany provision of the Constitution and to the alteration of any suchproVISIon.
N. E. Leigh,Clerk of the Privy Council.

1980 Ed.]

The Constiturion
THE SCHEDULE To THE ORDER

THE CONSTITUTION OF KIRIBATIARRANGEMENT OF SECTIONS
Section
CHApTER I
THE REPUBLIC AND THE CONSTITUTION

1.
2.

Declaration of Republic
Constitution is supreme law
CHAPTER II
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMSOF THE INDIVIDUAL

. 3.
4.
5.
6.
7.
B.

9.
10.
11.
12.
13.
14.
15.
16.
,17.
lB.

Fundamental rights and freedoms of the individualProtection of right to life.
Protection of right to personal liberty
Protection from slavery and forced labourProtection from inhuman treatment·
Protection from deprivation of property
Protection for privacy of home and other property
Provisions to secure protection of law
Protection of freedom of conscience.
Protection of freedom of expression
Protection of freedom of assembly and association
Protection of freedom of movement
Protection from discrimination on the grounds of race, etc
Provisions for periods of public emergency
Enforcement of protective provisions
Interpretation and savings
CHAPTER III
CITIZENSHIP

19. Rights of persons of I-Kiribati descent
20. Persons born, naturalised or registered in Kiribati before IndependenceDay
21. 'Persons born outside Kiribati before Independence Day
22. Wives of persons who become citizens on Independence Day
23. Persons entitled to be registered as citizens

7
Section 2 (1)The Constitutipn

8[1980 Ed.

Section
24. Avoidance of dual nationality
25. Persons born after the day prior to Independence Day
26. Marriage to citizens of Kiribati
27. Commonwealth citizens
28. Powers of the Maneaba ni Maungatabu
29. Interpretation

CHAPTER IV
THE EXECUTIVEPart I-The Beretitenti
30. The office of Beretitenti
31. First Beretitenti
32. Election of Beretitenti
33. Tenure of office of Beretitenti
34. Removal of Beretitenti on grounds of incapacity
35. Vacancy in the office of Beretitenti
36. Discharge of functions of Beretitenti during absence, illness, etc
37. Oath of Beretitenti
38. Conduct of elections of BeretitentiPart II-The Kauoman-ni-Beretitenti
39.

Kauoman-ni-BeretitentiPart III-The Cabinet

40. The Cabinet
41. The Ministers
42. Attorney-General
43. Oath of Cabinet members
44. Secretary to the Cabinet
Part /V-Executive Functions
45.
46.
47.
48.
49.
50.
51.

Executive authority of Kiribati .
Functions of Beretitenti
Functions of Ministers
Proceedings in Cabinet
Council of State
Prerogative of mercy
Constitution of offices

The COl1slilWiol1

CHAPTER V
THE LEGISLATURE

Part I-Composilion

Establishment of Maneaba ni Maungatabu
Composition of Maneaba
Election of elected members
Qualifications for elected membership
Disqualifications for elected membership
Tenure of office of elected members
Vacation of seat on sentence
Vacation of seat after petition and referendum~ Determination of questions as to membershipPenalty for sitting or voting whilst unqualified
Electoral Commission
Functions of Electoral Commission
The franchise
Salaries of members

Part II--,--Legislation and Procedure

Power to make laws
Rules of procedure
Introduction of Bills, etc
Alteration of Constitution
Oath of members
The Speaker
Presiding in Maneaba
Voting
QuorumProceedings in Maneaba
Privileges of Maneaba

Part Ill-Summoning, Dissolution and Elections

Summoning of Maneaba ~Dissolution of Maneaba~ General elections and by-elections

9The Constitution

10

CHAPTER VI
THE JUDICIARYPart I-The High Court
Section80. Establishment of High Court
81. Appointment of judges of High Court
82. Oath of judges
83. Tenure of office of judges of High Court
84. Commissioners of High Court
85. Oath of Commissioners
86. Judge may sit after appointment has terminated
87. Seal of High Court
88. Jurisdiction of High Court in constitutional questions
89. High Court and subordinate courts
Part II-The Court of Appeal
90.
91.
92.
93.
94.
95.

Establishment of Court of Appeal
Judges of Court of Appeal
Oath of officeTenure of office of judges of Court of Appeal
Judge may sit after appointment has terminatedSeal of Court of Appeal
Part IlI---General

96.
97.

Court officers
Rules of court
CHAPTER VII
THE PUBLIC SERVICE

98.
99.
100'.
101.
102.
103.
104.
105.

Public Service Commission
Appointments. etc., of public employees
Appointment of certain public employees
Tenure of office of certain public employees
Appointment, etc., of junior police officers
Applicability of pensions law
Pensions, etc., charged on the Consolidated Fund
Grant and withholding of pensions, etc
CHAPTER VIIIFINANCE106. Taxation
107. Consolidated Fund and Special Funds[1980 Ed.

1980 Ed.]

The Constitution108. Withdrawal of money from the Consolidated Fund-109. Authorisation of expenditure
Authorisation of expenditure in advance of appropriation
Delay in Appropriation Act owing to dissolution
Public debt
Remuneration of certain persons
The Director of Audit
Public Accounts Committee
Interpretation
CHAPTER IXBANABA AND THE BANABANS

117 _ Nominated member of Maneaba ni Maungatabu
Elected representation in Maneaba
Land on and access to Banaba
Movement of persons into Banaba
121. Banaba Island Council
122. Independent Commission of Inquiry
123. Appeals to Judicial Committee
124. Entrenchment
125. Interpretation
CHAPTER XMISCELLANEOUS

Disciplined forces
Kiribati text of Constitution
National seal
Oaths
Resignations

Performance of functions of Commissions and Tribunals
Interpretation
References to public office, etc.
Powers of appointment and acting appointments
Reappointments and concurrent appointments
Removal from office
Saving for jurisdiction of courts
Power to amend and revoke instruments, etc.
Consultation
SCHEDULE 1
OATHS AND AFFIRMATIONSSCHEDULE 2TERRITORY OF KIRIBATI

11

12

The ConstitUTion[1980 Ed.

THE CONSTITUTION OF KIRIBATI

We the people of Kiribati, acknowledging God as the Almighty
Father in whom we put our trust, and with faith in the enduring
value of our traditions and heritage, do now grant ourselves thisConstitution establishing a sovereign democratic State.
In implementing this Constitution. we declare that1. the will of the people shall ultimately be paramount in theconduct of the government of Kiribati;
2. the principles of equality and justice shall be upheld;
3. the natural resources of Kiribati are vested in the people
and their Government;
4. we shall continue to cherish and uphold the customs andtraditions of Kiribati.
CHAPTER ITHE REPUBLIC AND THE CONSTITUTION
Declarationof Republic

Constitution
is supremelaw'

1. Kiribati is a sovereign democratic Republic.

2. This Constitution is the supreme law of Kiribati and if any
other law is inconsistent with this Constitution, that other law
shall, to the extent of the inconsistency, be void.

CHAPTER II
PROTECTION OF FuNDAMENTAL RIGHTS AND FREEDOMSOF THE INDIVIDUAL
Fundamental. 3. Whereas every person in Kiribati is entitled to the fundanghts andff.
hfreedoms of mental rights and reedoms 0 the individual, that IS to say, t e
the individual right, whatever his race, place of origin, political opinions, colour,

creed or sex, but subject to respect for the rights and freedoms ofothers and for the public interest, to each and all of the following,
namely(a) life, liberty, security of the person a.nd the protection of
the law;(b) freedom of conscience, of expression and of assembly andassociation; and·(c) protection for the privacy of his home and other property
and from deprivation of property without compensation,

,,i\:. L~_1980 Ed.]

The Constitution

13

the provisions of this Chapter shall have effect for the purpose ofaffording protection to those rights and freedoms subject to such
limitations on that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of
the said rights and freedoms by any individual does not prejudice
the rights and freedoms of others or the puhlic interest.
of4. (1) No person shall be deprived of his life intentionally save Protection
right to life
in execution of the sentence of a court in respect of a criminal
offence under the law in force in Kiribati 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(a) for the defence of fuJy person from violence or for thedefence of property;(b) in order to effect a lawful arrest or to prevent the escape ofa person lawfully detained;(c) for the purpose of suppressing a riot, insurrection ormutiny; or(d) in order to prevent the commission by that person of acriminal offence,or if he dies as the result of a lawful act of war.
Protection of
5. (1) No person shall be deprived of his personal.liberty save rightto peras may be authorised by law in any of the following cases, that is sonal liberty
to say. (a) in consequence of his unfitness to plead to a criminalcharge;(b) in execution of the sentence or order of a court, whether
established for Kiribati or some other country, in respectof a criminal offence .of which he has been convicted;(c) in execution of the order of a court of record punishing
him for contempt of that court or of a court inferior to it;(d) in execution of the order of a court made to secure thefulfilment of any obligation imposed on him by law;(e) for the purpose of bringing him before a court in executionof the order of a court;(j) upon reasonable suspicion of his having committed, orbeing about to commit, a criminal offence under the law inforce in Kiribati;