Republic of vanuatu


schedule amendments of the CONSTITUTION OF THE REPUBLIC OF VANUATU



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schedule
amendments of the CONSTITUTION OF THE REPUBLIC OF VANUATU



1. After Article 17
Insert
VACATION OF SEAT WHERE MEMBER RESIGNS OR CEASES TO SUPPORT POLITICAL PARTY
17A. (1) This article applies to a member of Parliament if the member, having been a candidate of a political party and elected to Parliament resigns from, or ceases to support, the political party.
(2) If the leader of the political party notifies the Speaker in writing that the member has resigned from, or ceased to support, the political party, the Speaker shall, at the next sitting of Parliament after the Speaker is so informed, make a declaration that the member has resigned from, or ceased to support, the political party.
(3) If, within a period of 7 days of the declaration by the Speaker, the member does not institute legal proceedings in the Supreme Court to challenge the allegation that he or she has resigned from, or ceased to support, the political party, the member must vacate his or her seat at the end of that period.
(4) If, within 7 days of the declaration by the Speaker, the member institutes legal proceedings in the Supreme Court to challenge the allegation that he or she has resigned from, or ceased to support, the political party, the member shall not vacate his or her seat unless and until:
(a) the proceedings are finally determined by a decision upholding the allegation that the member has resigned from, or ceased to support, the political party, being a decision in respect of which the time allowed for an appeal has expired without an appeal being filed; or
(b) the proceedings are withdrawn.
(5) This Article shall not apply during the period when Parliament may pass a motion of no confidence in the Prime Minister.
(6) This Article shall apply notwithstanding the provisions of Article 5(1) of this Constitution.



  1. (7) If:



(a) a member of Parliament having been a candidate of a political party for the general election held on 6 July 2004, ceases to support, or resigns from, the political party before the commencement of this article; and



(b) on the commencement of this article, the member has not resumed support for, or rejoined, the political party;



  1. then, the member must, within 12 months after the commencement of this article, notify the Speaker of Parliament in writing whether he or she is a member of, or supports, another political party, or is an independent member of the Parliament supporting the Government or the Opposition or neither.

(8) If the member does not give the required notice under subarticle (7), then, for the purposes of the application of this article to the member, he or she is deemed immediately after the commencement of this article to have ceased to support, or resigned from, the political party for which he or she stood as a candidate for the general election held on 6 July 2004.





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