References: Loughman Kiel, Manager, Insolvency, Legal and Compliance Dept.

EXECUTIVE POWER 39. (1) The executive power of the people of the Republic of Vanuatu is vested in the Prime Minister and Council of Ministers and shall be exercised as provided by the Constitution or a law.

(2) The Prime Minister shall keep the President of the Republic fully informed concerning the general conduct of the government of the Republic.

(3) The President of the Republic may refer to the Supreme Court any regulation which he considers to be inconsistent with the Constitution.

www.paclii.org/vu/legis/consol_act/cotrov406

References: Loughman Kiel, Legal Advisor to the Government Finance Department

Peer Review Comments: The NIS report found that the Judiciary: Also functions as an effective check on the legislature. Before signing any new acts, the President of Vanuatu has an obligation to refer anything that he or she thinks is not in accordance with the Constitution to the Supreme Court for review. This power is used and the Supreme Court has rejected acts, or sections of acts, for not being in accordance with the Constitution.

Peer Review Comments: The Vanuatu courts have the capacity to review legislation where it is unconstitutional. The process of interpretation involves review. It is true that the courts do not legislate, but then can interpret legislation according to its constitutionality. "Review" is not the same as "legislate." Where British or French Condominium or colonial legislation has not been repealed or replaced with Vanuatu law, and where it is not incompatible with the Constitution, British or French law may continue to operate in Vanuatu. A court could be asked to interpret the validity of British and French statute in the absence of Vanuatu legislation or rule on its constitutionality. This has been cited in copyright cases (interview with assistant to registrar of Supreme Court, 1999) where in the absence of Vanuatu statute, English law could theoretically prevail.

References: Leadership Code Act, Section 36 (Investigation by Police of Complaint), Section 37 (Public Prosecutor to Decide on Prosecution), Section 38 (Proceedings Against a Leader), Section 39 (Conduct of Proceedings)

References: Leadership Code Act, Section 31 - Annual Returns

References: Legal Advisor to the Government Finance Department, Loughman Kiel

References: Leadership Code Act, Section 22 (Undue Influence) and Section 23 (Bribery)

References: Leadership Code Act, Section 34 (1) (a) & (b) Ombudsman Act, Sections 15 & 16

References: Legal Advisor to the Goverment Finance Department, Loughman Kiel

Peer Review Comments: Question is not relevant in Vanuatu's case as there are no regulations restricting post-government private sector employment for national legislators.

References: Vango (NGO) - Lae Sakita Daily Post Chief Editor Kierry Mannesah

References: Legal Advisor to the Government Finance Department, Loughman Kiel

Peer Review Comments: Lack of resources would affect capacity to conduct regular audits.

Peer Review Comments: There is no requirement for national legislative branch asset disclosures to be audited, unless irregularities are noted when annual returns are lodged with the Clerk of Parliament

References: Legal Advisor to the Government Finance Department, Loughman Kiel Section 32 of the Leadership Code Act

Peer Review Comments: In law, citizens can access the asset disclosure records of members of the national legislature as per s. 32 of the Leadership Code Act which states that:

"PUBLICATION OF ANNUAL RETURNS 32. (1) The Clerk must ensure that : (a) annual returns filed by the leaders; and (b) a list of leaders who have failed to give the Clerk an annual return, are published in the Gazette, by 14 March in each year. (2) The list must set out the leader's name, and the position he or she holds."

The Gazette is a public available document in law.

References: Legal Advisor to the Government Finance Department, Loughman Kiel

Peer Review Comments: Do not agree with the comment "No, citizens do not have access." Citizens do have access through the Gazette as per s. 32 of the Leadership Code Act. However, filing of returns with the Clerk of Parliament is often delayed and publication of the Gazette can be delayed for many months.

References: Legal Advisor to the Government Finance Department, Loughman Kiel

Peer Review Comments: The Government Gazette, where the annual asset disclosure records of members of the legislature are published, is available at a reasonable cost. However, accessing it may require a visit to a specific office, such as to the office of the Clerk of Parliament in the capital Port Vila, restricting its availability in remote and rural island areas of Vanuatu.

References: Constitution, Article 24 (Proceedings to Be Public)

References: Interview with Reception of Office of Clerk of Parliament

Peer Review Comments: Lack of resources, including limited online capacity, would make timely access to documents difficult.

References: Reception to the Office of Clerk of Parliament

Peer Review Comments: It is correct that records costs are prohibitive to most citizens, but some journalists and CSOs trying to access this information could meet these costs.