Constitution

Nauru 1968 Constitution (reviewed 2015)

Table of Contents

PART III. THE PRESIDENT AND THE EXECUTIVE

16. The President.

  1. There shall be a President of Nauru, who shall be elected by Parliament.
  2. A person is not qualified to be elected President unless he is a member of Parliament.
  3. The Speaker and the Deputy Speaker are not qualified to be elected President.
  4. The President holds office until the election of another person as President.
  5. Parliament shall elect a President-
    1. whenever the office of President is vacant;
    2. at the first sitting of Parliament next following its dissolution; and
    3. whenever-
      1. the President tenders the resignation of his office by writing under his hand delivered to the Speaker;
      2. a resolution for the removal from office of the President and Ministers is approved under Article 24; or
      3. the President ceases to be a member of Parliament otherwise than by reason only of its dissolution.

17. Executive Authority Vested in the Cabinet.

  1. The executive authority of Nauru is vested in a Cabinet constituted as provided by this Part and the Cabinet has the general direction and control of the government of Nauru.
  2. The Cabinet is collectively responsible to Parliament.

18. Cabinet.

  1. The Cabinet consists of the President and the Ministers appointed under Article 19.
  2. A member of the Cabinet shall, before entering upon the duties of his office, take and subscribe the oath set out in the First Schedule.
  3. A member of the Cabinet shall not hold an office of profit in the service of Nauru or of a statutory corporation.

19. Appointment of Ministers.

  1. Whenever a President is elected, he shall as soon as practicable appoint four or five members of Parliament to be Ministers of the Cabinet.
  2. Whenever there are less than four Ministers the President shall appoint a member of Parliament to be a Minister but if Parliament is dissolved the President shall appoint a person who was a member immediately before the dissolution of Parliament.
  3. Whenever there are four but not five Ministers the President may appoint a member of Parliament to be a Minister.

20. Vacation of office.

A Minister ceases to hold office-

  1. upon the election of a President;
  2. upon resigning his office by writing under his hand delivered to the President;
  3. upon being removed from office by the President; or
  4. upon ceasing to be a member of Parliament otherwise than by reason only of its dissolution.

21. Provision for Minister to act as President.

The Cabinet may appoint a Minister to perform the duties and exercise the functions of the President during any period during which the President is unable to act owing to illness, absence from Nauru or any other cause.

22. Meetings of the Cabinet.

  1. The President shall preside at meetings of the Cabinet.
  2. Subject to this Constitution, the Cabinet may regulate its own procedure.

23. Appointment of Ministers to Departments.

The President may assign to himself or to a Minister responsibility for any business of the government of Nauru and may revoke or vary an assignment made under this Article.

24. Vote of no confidence.

  1. Where Parliament on a resolution approved by at least one-half of the total number of members of Parliament resolves that the President and Ministers be removed from office on the grounds that it has no confidence in the Cabinet, an election of a President shall be held.
  2. Where a President has not been elected before the expiration of a period of seven days after the day on which a resolution under clause (1.) of this Article is approved Parliament shall stand dissolved.

25. Chief Secretary.

  1. There shall be a Chief Secretary of Nauru, who shall be appointed by the Cabinet.
  2. A member of Parliament is not qualified to be appointed Chief Secretary.
  3. The Chief Secretary may resign his office by writing under his hand delivered to the President and may be removed from office by the Cabinet.
  4. The Chief Secretary has such powers and functions as the Cabinet directs and as are conferred on him by this Constitution or by law.