Constitutional Reform (President and Further Amendments) Act 2022

Constitutional Reform (President and Further Amendments) Act 2022 enacted by the Kivunna of Freice as amended

Date of Commencement: XX

Constitutional Reform (President and Further Amendments) Act 2022

2022 lkf 22

An Act to amend the Constitution Act 2022; to re-establish the office of President; to govern the application of laws relating to the position of Aio'i Keikitoe Ritio; to reorganise the Government Council; and for connected purposes.

BE IT DECLARED AND ENACTED by this present Kivunna and by the Authority of the same:-

Part 1. Office of the President

Section 1. Role of the President

(1) The President is the principal representative of the State and of the people; they will exercise the functions assigned to the office of President by the Constitution Act 2022 and by other relevant Acts and Ordinances without regard for personal political allegiances or partisan preferences.
(2) The President is a symbol of the State and of the people, and embodies the traditions and customs of the Freician people as practiced for time immemorial.

Section 2. Functions and Duties of the President

(1) The President, supported by relevant state authorities, independently exercises the following functions:

(a) Principal representative of the State;

(b) Appointment of the Leader of the Council following the formal declaration of results in relevant elections;

(c) Appointment of Ministers of the Council, as directed by the Members of the Kivunna according to Constitutional Law;

(d) Accreditation of diplomats;

(e) Receiving the credentials of diplomats;

(f) The awarding of state honours in accordance with established procedure.

(2) The President, supported by relevant state authorities, jointly exercises the following functions with the Court of Appeal:

(a) Guarantor of constitutional law;

(b) Protector of fundamental rights.

(3) The President concurrently serves as:

(a) President of the Aio'i Keikitoe Ritio Foundation;

(b) President of the Freice Humanitarian and Samaritan Association;

(c) Honourary Commissioner of the Freice Police Service

(d) Principal Member of the Medal of Honour for Service to the Country of Freice.

Section 3. Style of the President

(1) The President possesses the title: ‘’Aio'i Keikitoe Ritio, Raioa Takaitaioa, President of the Country of Freice’’.
(2) The President will be styled ‘’Highness’’.
(3) Should the Aio'i Keikitoe Ritio relinquish the position in circumstances other than death, they will be styled and titled according to established law defined in Section 6(1).

Section 4. Precedence

(1) The President is second in order of precedence within the jurisdiction of the State.
(2) Her Majesty The Queen is recognised as first in order of precedence, and continues to enjoy the benefits thereof.

Part 2. Appointment of the President

Section 5. Eligibility

(1) The Office of President is held by the person of the Aio'i Keikitoe Ritio.
(2) Nothing in this Act will be construed as interfering with the traditional procedures and rules relating to succession to the position of Aio'i Keikitoe Ritio; the State recognises the independence of the position of Aio'i Keikitoe Ritio in matters of internal governance.

Section 6. Incorporation of Laws

(1) The following are incorporated into constitutional law for the purpose of regulating matters pertaining to eligibility and succession to the Office of President.

(a) The Tatonanita Naia of 1327-1328;

(b) Hokasae kahe oe te ma Kaunio oe Rao of 1455;

(c) The Luge Tunaranegato of 1610.

(2) Where there is conflict in the application of the laws defined in Section 6(1), the Court of Appeal will determine the correct application in accordance with the Constitution Act 2022, this Act, and other relevant Acts and Ordinances.

Section 7. Proclamation of the President

(1) Upon the succession to the Office of President of the person of the Aio'i Keikitoe Ritio, the President of the Kivunna will summon Members of the Kivunna for the purpose of approving a Proclamation affirming the succession. (2) The Proclamation affirming a presidential succession will read as follows:

‘’We, the Honourable Members of the Kivunna Assembled:-’’

‘’Recognising the Succession of His/Her Highness [Select as Appropriate] The [Numeral] Aio'i Keikitoe Ritio, [Insert Name];’’

‘’Affirming the application of the Constitutional Reform (President and Further Amendments) Act 2022, and of the Laws recognised therein;’’

‘’Having due regard for the position of Aio'i Keikitoe Ritio, its history and importance to the cultural personality of the people of Freice;’’

‘’Do hereby publish and proclaim that the said [Insert Name], [Numeral] Aio'i Keikitoe Ritio has, by right of the said Constitutional Reform (President and Further Amendments) Act 2022, become President of the Country of Freice.

(3) Notwithstanding Subsection 4 of this Part, the succession to the Presidency of the Aio'i Keikitoe Ritio is regarded as instantaneous with their succession to the position of Aio'i Keikitoe Ritio.

Section 8. Dispute Resolution

(1) There is established where required an Eligibility Council to rule in cases of dispute regarding succession to the position of Aio'i Keikitoe Ritio. (2) The Eligibility Council will consist of:

(a) A President, to be held by the Chief Justice of the Court of Appeal;

(b) A Vice-President, to be held by the Chief Judge of the High Court;

(c) The Leader of the Government;

(d) The Leader of the Opposition;

(e) No less than one Minister of the Council;

(f) No less than one Member of the Kivunna of the government;

(g) No less than one Member of the Kivunna of the opposition.

(3) The role of the Eligibility Council is:

(a) To determine succession rights relating to the position of Aio'i Keikitoe Ritio;

(b) To interpret provisions contained in laws referred to in Part 2, Section 6(2).

(c) To hear petitions relating to laws referred to in Part 2, Section 6(2).

(4) The Eligibility Council will be called by a resolution countersigned by the Leader of the Government and the President of the Kivunna.

Section 9. Single Mandate

(1) The President, upon assuming office, will be prohibited from possessing the following positions:

(a) Member of the Kivunna;

(b) Judge or other specified judicial officer;

(c) Representative of any particular trade or service;

(2) The provisions of Section 2(3) do not apply in matters pertaining to the single mandate.

Section 10. Vacancy

(1) Where there is a vacancy for the position of Aio'i Keikitoe Ritio, there will be convened a Presidential Council to execute the duties of the President in the interim.
(2) The membership of the Presidential Council will be as follows:

(a) The Chief Justice of the Court of Appeal;

(b) The Vice-President of the Aio'i Keikitoe Ritio Foundation;

(c) A Minister of the Council as appointed by a majority of the Members of the Kivunna.

(3) Should the Vice-President of the Aio'i Keikitoe Ritio Foundation be involved in any dispute necessitating the convening of the Presidential Council, the next senior officer of the Foundation, as established by its internal procedures, is substituted.
(4) The Presidential Council operates by unanimity; no decision is adopted without the consent of all members.
(5) The Presidential Council will execute those duties necessary for the proper functioning of the Office of President.
(3) The authority of the Presidential Council will not extend to those matters pertaining exclusively to the Office of Aio'i Keikitoe Ritio; the remit of the Presidential Council will reside exclusively in those duties assigned to the President as principal representative of the State.

Section 11. Removal

(1) Notwithstanding the autonomy of the position of Aio'i Keikitoe Ritio in relation to the presidency and to the State, the Kivunna may declare by resolution the incapacity of the President in the following circumstances:

(a) Being of unsound mind;

(b) Receiving a criminal conviction which involves a six-month prison sentence or a one-year suspended sentence;

(c) Being outside the jurisdiction of the State.

(2) A declaration of incapacity will be presented by the President of the Kivunna to Members; the application of such declaration applies when two-thirds of the total membership assents.
(3) Should the President be declared incapable of executing their duties, the provisions outlined in Section 10 will apply. (3) The Kivunna, fulfilling the procedure outlined in this Section, may declare the suspension of the president in the following circumstances:

(a) If they wilfully violate any provision of constitutional law;

(b) If they behave in a way that endangers the security of the State;

Part 3. Oath

Section 12. Oath of Office

(1) The President will, upon succession to the position of Aio'i Keikitoe Ritio and at the earliest convenience, make the following oath before a session of the Kivunna:

I swear that I will uphold and defend the culture, traditions, and personality of the Country of Freice, and to perform those duties ascribed to me with honesty and fidelity in the Office of President of the Country of Freice.

(2) The President will make this oath in the presence of:

(a) The Government Council;

(b) The Chief Justice of the Court of Appeal;

(c) The Chief Judge of the High Court;

(d) The Mayors of District Authorities.

Part 4. Personal Staff to the President

Section 13. Establishment of Presidential Offices

(1) The Kivunna may, by Ordinance, prescribe offices for personal staff to the President as required and as requested by the President.
(2) Personal staff are employees of the State and are answerable to state authorities in their official conduct.
(3) The following offices will have statutory recognition:

(a) Principal Secretary to the President;

(b) Emissary of the President to the Kivunna;

(c) Homa'henila re te ma Petaira to the President.

(4) The President may, by Presidential Ordinance, establish additional offices as required for the functioning of the Office of President.

Section 14. Eligibility for Appointment to the Presidential Staff

(1) The following persons are not eligible for appointment to statutory offices or offices established via Presidential Ordinance:

(a) Ministers of the Council;

(b) Members of the Kivunna;

(c) Members of District Authorities;

(d) Mayors;

(e) Members of the judiciary.

(2) The appointment of any person belonging to one or more of these offices will be null and void.

Section 15. Salaries and Renumeration for Personal Staff

(1) The Kivunna may establish a salary regime for personal staff to the President in accordance with established procedure.
(2) Any salaries, renumerations, or other sums to be prescribed by the Kivunna are to be paid by the Ministry of Economy and Finance.
(3) Pensions, benefits, and other privileges are assigned to personal staff to the President as civil servants, to be regulated by relevant Acts and Ordinances; this applies equally to statutory offices and those established by Presidential Ordinance.

Part 4. Immunities

Section 16. Liability for Crimes and Misdemeanours

(1) The President will not be answerable to any court for the performance of the functions of their office or for any act done by them in the performance of those functions.
(2) For the duration of a President's term of office, criminal proceedings will not be instituted or continued against them in respect of any action done or omitted to be done in an official or private capacity.

Section 17. Exceptions to the Application of Section 16

(1) Notwithstanding Section 16, the Kivunna may elect to convene as a Court for the purpose of initiating investigations or proceeding with charges against the President for actions outlined in Section 11(3).
(2) Convened as a Court, the Kivunna will be presided over by the Chief Justice or other appointed official.

Part 5. Further Amendments

Section 18. General Amendments

(1) The Constitution Act is amended by deleting the word "President" wherever it appears and substituting "Leader of the Government Council"', and thereafter Leader of the Council.
(2) The Constitution Act is amended by deleting the word "presidency" wherever it appears and substituting "leadership of the Government Council"', and thereafter leadership.
(3) The word "President" is maintained in respect to 3(19), 4(30) and 4(31).

Section 19. Amendment to Section 3 of the Constitution Act

(1) Substitute "President" with "President of the Kivunna".
(2) To 19(g) insert after (i)-

"Leader of the Government Council"

(3) After 21(6) insert-

"The President may not veto any bill unless it is ruled unconstitutional or otherwise in conflict with existing law; they will submit the bill to the Court of Appeal to rule in such cases."

Section 20. Amendment to Section 4 of the Constitution Act

(1) Section 26 is deleted.
(2) To 27(2), substitute-

"The Minister charged with discharging the duties of the leadership will not receive the benefits of the office of Leader as established in law."

(2) To 28(2f) substitute-

"Representative duties, to be shared with the President as established by law;"

(3) Part 24(4) is deleted.

"A bill passed by the Kivunna will be presented to the President of the Kivunna for approval; this must be done within 10 days of the passage of the bill in the Kivunna, and shall be returned to the Kivunna within 30 days in the event that the President withholds consent.

Section 6. Final Provisions

Part 21. Articles of the Constitution

(1) This Act will be recognised in law as constituting Additional Articles to the Constitution Act 2022.
(2) Amendments specified in Part 5 are inserted where specified into the Constitution Act 2022.
(3) The provisions of this Act are recognised as constituting constitutional law, to be enforced on an equal base to those in the Constitution Act.

Part 55. Extent

This Act extends to the whole of the State.

Part 56. Commencement

This Act will commence on the XX.

Part 57. Short Title

This Act may be cited as the Constitutional Reform (President and Further Amendments) Act 2022.

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