Solomon Islands

Population Statistics

622,469

Total Population

93,370

Population with a disability

according to World Health Organization’s 15% estimate

Election Dates

23 September 2008

Signed the Convention on the Rights of Persons with Disabilities


Constitution of the Solomon Islands (1978, last amended 2009)

Updated: June 2015

Section 5, subsection (1) states:

No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say -…

  • (i) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community…

 

Section 28 states:

Whenever the office of Governor-General is vacant or the holder of the office is absent from Solomon Islands or is for any other reason unable to perform the functions of his office, those functions shall be performed by the Speaker or, if the office of Speaker is vacant or the holder of that office is likewise absent or unable to perform those functions, by the Chief Justice.

 

Section 38 states:

(1) Whenever the Prime Minister is unable, by reason of illness or absence from Solomon Islands, to perform the functions conferred on him by this Constitution, those functions shall be performed by the Deputy Prime Minister or, if he too is unable to do so, the Governor-General may, by directions in writing, authorise some other Minister to perform those functions (other than the functions conferred by this section) and that Minister may perform those functions until his authority is revoked by the Governor-General.

(2) The powers of the Governor-General under this section shall be exercised by him in accordance with the advice of the Prime Minister: Provided that if the Governor-General, acting in his own deliberate judgement, considers that is impracticable to obtain the advice of the Prime Minister owing to the Prime Minster's illness or absence, the Governor-General may exercise those powers without that advice and in his own deliberate judgement.

 

Section 49, subsection (1) states:

No person shall be qualified for election as a Member of Parliament who…

  • (d) is certified to be insane or otherwise adjudged to be of unsound mind under any law for the time being in force in Solomon Islands…

 

Section 55, subsection (3) states:

No person shall be entitled to be registered as an elector who…

  • (b) is certified to be insane or otherwise adjudged to be of unsound mind under any law for the time being in force in Solomon Islands…

 

Section 79 states:

(1) If the office of Chief Justice is vacant or if the person holding that office is for any reason unable to perform the functions of his office, the Governor-General, acting in accordance with the advice of the Judicial and Legal Service Commission, may appoint a puisne judge or some other person qualified for appointment as a judge of the High Court to act as Chief Justice.

(2) If the office of a puisne judge is vacant or if a person holding the office of puisne judge is acting as Chief Justice or is for any reason unable to perform the functions of his office, the Governor-General, acting in accordance with the advice of the Judicial and Legal Service Commission, may appoint a person qualified for appointment as a judge of the High Court to act as a puisne judge…

 

Section 86, subsection (5) states:

If the office of President of the Court of Appeal is vacant or if the person holding that office is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the holder thereof has resumed those functions, as the case may be, the Governor-General, acting in accordance with the advice of the Judicial and Legal Service Commission, may appoint one of the other judges of the Court of Appeal or some other person qualified for appointment to that office to act as President of the Court of Appeal…

 

Section 91, subsection (9) states:

During any period when the office of Director of Public Prosecutions is vacant or the holder of that office is for any reason unable to perform the functions of his office, those functions shall be performed by the Attorney-General.

 

Section 115 states:

(5) Whenever the office of the Chairman of the Public Service Commission is vacant or the holder thereof is for any reason unable to perform the functions of his office, such one of the other members of the Public Service Commission as the Governor-General shall appoint may act in the office of the Chairman.

(6) If the office of a member of the Public Service Commission other than the Chairman is vacant or the holder thereof is acting as the Chairman or is for any reason unable to perform the functions of his office, the Governor-General may appoint a person who is qualified for appointment as a member of the Commission to act as such a member; and any person so appointed may, subject to the provisions of subsection (4) of this section, continue to act until he is notified by the Governor-General that the circumstances giving rise to the appointment have ceased to exist.

 

Section 116A, subsection (5) states:

If the office of a member of the Teaching Service Commission other than the Chairman is vacant or the holder is acting as the Chairman or is for any reason unable to perform the functions of his office, the Governor-General may appoint a person who is qualified for appointment as a member of the Commission to act as such a member, and any person so appointed may, subject to subsection (4) of this section, continue to act until he is notified by the Governor-General that the circumstances giving rise to the appointment have ceased to exist.

 

Section 119, subsection (3) states:

If the office of the member of the [Police and Prisons Service] Commission appointed under subsection (2)(c) of this section is vacant or the holder thereof is for any reason unable to perform the functions of his office, the Governor-General, acting in accordance with the advice of the Prime Minister, may appoint some other person to act in the office of that member; and any person so appointed may continue to act until he is notified by the Governor-General, acting as aforesaid, that the circumstances giving rise to the appointment have ceased to exist.

 

Section 133 states:

(1) Any reference in this Constitution to power to make appointments to any public office shall be construed as including a reference to power to make appointments on promotion and transfer to that office and to power to appoint a person to act in that office during any period during which it is vacant or the holder thereof is unable to perform the functions of that office.

(2) In this Constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating his office shall be construed as including a reference to any person who is for the time being lawfully acting in or performing the functions of that office.

(3) Where by this Constitution any person is directed, or power is conferred on any person or authority to appoint a person, to act in or otherwise to perform the functions of an office if the holder thereof is unable to perform the functions of that office, the validity of any performance of those functions by the person so directed or of any appointment made in exercise of that power shall not be called in question in any court on the ground that the holder of the office is not unable to perform the functions of the office.

 

Excerpts from the Constitution of the Solomon Islands (1978, last amended 2009)

National Parliament Electoral Provisions Act (1980, last amended 2013)

Updated: June 2015

Section 35, subsection (3) states:

If any polling agent dies or becomes incapable of acting as such, the candidate may appoint another polling agent in his place, and shall forthwith give to the Returning Officer notice in writing of the polling agent so appointed.

 

Section 38, subsection (g) states:

If an elector by reason of blindness or other physical disability, is unable to cast his vote, he shall call the presiding officer aside and tell him, no other person being present or within hearing the name of the candidate for whom he wishes to vote and the presiding officer shall record the elector's vote by placing a mark in the box on the ballot paper corresponding to the candidate for whom the elector wishes to vote and insert the marked folded ballot paper into the ballot box prior to the aforesaid elector leaving the polling station in the presence of a police officer or another polling assistant.

 

Section 44, subsection (3) states:

If a counting agent dies or becomes incapable of acting as such, the candidate may appoint another counting agent in his place, and shall immediately give to the Returning Officer notice in writing of the name and address of the counting agent so appointed.

 

Excerpts from the National Parliament Electoral Provisions Act (1980, amended 2013)