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Vanuatu Consolidated Legislation - 1988 |
Commencement: 13 April 1981
Repealed
LAWS OF THE REPUBLIC OF VANUATU
CHAPTER 127
DECENTRALISATION
Act 11 of 1980
Act 29 of 1983
Act 5 of 1984
Act 19 of 1985
ARRANGEMENT OF SECTIONS
SECTION
PART I
Interpretation
PART II
Establishment of Local Government Regions
7. Standing orders
PART III
Term of Office and Election of Members of Local Government Councils
8. Term of office of members of local government councils and elections thereto
10. Vacation of office
11. Filling of vacancies
PART IV
Meetings of Local Government Councils
PART V
Executive and Finance Committee and other Committees
PART VI
Secretary, Treasurer and Staff
17. Secretary to local government
18. Treasurer and other officers
PART VII
Duties and Powers of Local Government Councils
PART VIII
Regional Laws
26. Regional laws
27. Conflict between regional laws and Acts etc.
PART IX
Finance
39. Expenditure incurred not in accordance with estimates
PART X
Accounts and Audit
40. Accounts
41. Audit
42. Financial and tender board Orders
PART XI
Miscellaneous
SCHEDULE
PART 1-DUTIES AND POWERS
A. Direct duties and powers
B. Indirect duties and powers
PART 2-LIMITS AND CONDITIONS RELATING TO LOCAL TAXES
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DECENTRALISATION
To provide for the establishment of local government regions, local government councils, and their powers and the manner of their administration.
PART I
INTERPRETATION
INTERPRETATION
1. In this Act unless the context otherwise requires -
"Electoral Commission" means the Electoral Commission established by Article 18 of the Constitution;
"Minister" means the Minister for the time being responsible for regional government or any Minister acting on his behalf;
"President" means the President of the Republic;
"Principal Electoral Officer" means the Principal Electoral Officer established by Article 19 of the Constitution and includes a deputy principal electoral officer;
"representative bodies" means the body or bodies recognised by the Minister as representative of the group or class in relation to which the phrase is used;
"secretary" means a secretary of a local government council appointed pursuant to section 17.
PART II
ESTABLISHMENT OF LOCAL GOVERNMENT REGIONS
ESTABLISHMENT OF LOCAL GOVERNMENT REGIONS AND LOCAL GOVERNMENT COUNCILS
(a) declare a local government region;
(b) give a name to a local government region;
(c) define the boundaries of a local government region and alter them.
(2) When the President declares a local government region under subsection (1) he shall in the Order establish a local government council for that region.
(3) The President shall on a petition from Parliament suspend or dissolve a local government council.
(4) When a local government council is dissolved in accordance with subsection (3) an election shall take place on a date fixed by the President after consultation with the Principal Electoral Officer in the order of dissolution which shall not be more than 1 calendar month after the date of dissolution.
(5) During the period of a suspension under subsection (3) or until an election following a dissolution the powers and duties of a local government council shall be exercised by a commission appointed by the President on the advice of the Minister.
DIVISION OF LOCAL GOVERNMENT REGION INTO AREA COUNCIL DIVISION
LOCAL GOVERNMENT COUNCILS TO BE BODIES CORPORATE
(a) sue and be sued in its corporate name; and
(b) purchase, acquire, hold, manage and dispose of movable and immovable property.
COMPOSITION OF LOCAL GOVERNMENT COUNCILS
5. The Minister may from time to time by Order -
(a) prescribe the composition of a local government council and the number of councillors;
(b) prescribe the number of members of local government councils to be elected in respect of each area council division;
(c) provide for appointed members of local government councils who shall not be more than one third of each local government council and shall consist of -
(i) chiefs selected by the Minister from among persons nominated by representative bodies of chiefs;
(ii) women selected by the Minister from among persons nominated by representative bodies of women;
(iii) youth representatives selected by the Minister from among persons nominated by representative bodies of youth;
(d) provide for the election of a president who shall be chairman of the local government council;
(e) provide for the election of a deputy president;
(f) prescribe the terms and conditions of office of the president and other members of local government councils;
(g) provide for any other matter not herein specified which may be necessary for the proper establishment and functioning of a local government council.
SEAL
STANDING ORDERS
(a) the regulation and conduct of the meetings of the local government council and of committees of the local government council;
(b) the authentication of all documents required to be sealed with the seal of the local government council; and
(c) such other matters as may be necessary for the purposes of this Act or as may be directed by the Minister.
(2) The secretary shall cause a certified true copy of the standing orders of a local government council and of all amendments to such standing orders to be forwarded to the Minister.
(3) Standing orders of local government councils and all amendments thereto shall not have effect until forwarded to the Minister.
PART III
TERM OF OFFICE AND ELECTION OF MEMBERS OF
TERM OF OFFICE OF MEMBERS OF LOCAL GOVERNMENT COUNCILS AND ELECTIONS THERETO
(2) Subject to the. provisions of the Constitution and this Act the Electoral Commission may by Order provide for the regulation and conduct of elections to be held under the provisions of this Act and, without prejudice to the generality of the foregoing, may provide for -
(a) the date for election of elected members of a local government council. If the Electoral Commission fails to fix such date the election shall take place on a date that is 1 calendar month before the end of the term of office of the members presently in office. If the date is a Saturday, Sunday or public holiday the election shall take place on the next preceding day that is not one of those days;
(b) the qualifications and disqualifications of electors;
(c) the registration of electors in any local government region or in any area council division;
(d) the ascertainment of the qualifications and disqualifications of candidates for election as members of local government councils;
(e) the method of making and disposing of claims or objections in connection with the registration of electors;
(f) the procedure for the nomination of candidates for election as members of local government councils;
(g) the method of election in any local government region;
(h) the determination of any question which may arise whether any person has been elected as a member of a local government council;
(i) the nature of corrupt and illegal practices in connection with elections and penalties in relation thereto:
Provided that no penalty prescribed by any Order made under this paragraph shall exceed imprisonment for a period of 5 years or a fine of VT100,000 or both such imprisonment and fine;
such forms as he may consider necessary to be used in connection with elections.
DISQUALIFICATION FOR ELECTION OR APPOINTMENT AS MEMBER OF LOCAL GOVERNMENT COUNCIL
(a) the President;
(b) Judges and magistrates;
(c) members of Parliament;
(d) members of the police force;
(e) members of the National Council of Chiefs;
(f) public servants;
(g) members of the teaching service;
(h) a person who is in the service of the local government council; and
(i) a municipal councillor.
(2) Any member of the district council of chiefs, island council of chiefs and area council of chiefs who holds the position of chairman, vice-chairman, secretary or treasurer, shall not be qualified for election as a member of a local government council.
(3) A council member shall vacate his seat if any circumstances arise that, if he were not a member of the council would cause him to be disqualified from election or appointment as such.
VACATION OF OFFICE
10. If any member of a local government council -
(a) is found to have been unqualified or disqualified for election or appointment to a local government council;
(b) does, or permits or suffers any act, matter or thing which would, under the provisions of section 9 disqualify him for appointment or election;
(c) resigns from the local government council;
(d) retires in accordance with any terms and conditions that may be prescribed under the provisions of section 5;
(e) fails to attend 3 consecutive meetings of the local government council or of any committee of the local government council of which he is a member, unless he has obtained the prior permission of the local government council to absent himself throughout such period,
he shall cease to hold office.
FILLING OF VACANCIES
(2) Notwithstanding the provisions of subsection (1) if -
(a) a vacancy occurs in the office of a councillor within 6 months preceding the date on which such councillor would ordinarily retire;
(b) the total of unfilled vacancies does not exceed a third of the total number of councillors; and
(c) no local council division will thereby be unrepresented;
an election to fill such vacancy shall not be held under the provisions of this section and such vacancy shall remain unfilled until the time of the next ordinary election.
(3) A person elected under the provisions of this section to fill a vacancy shall hold office until the date upon which the person in whose place he is elected would ordinarily have retired, and he shall then retire.
(4) Whenever there is a vacancy in the office of an appointed member of a local government council the Minister shall appoint another person to fill that vacancy in accordance with subsection (3) and Orders made under section (5)(c).
PART IV
MEETINGS OF LOCAL GOVERNMENT COUNCILS
MEETINGS
(2) Subject to subsection (3) every meeting of a local government council shall be open to the public and to representatives of the press.
(3) The chairman of any such meeting may -
(a) exclude or require to withdraw from such meeting any person who, in his opinion, is behaving in a disorderly manner; and
(b) call upon any police officer or any officer or servant of the local government council to eject any such person refusing to withdraw from such meeting.
(4) No meeting of any committee of a local government council shall be open to the public or to representatives of the press unless the local government council otherwise directs.
(5) The secretary or his representative shall attend every meeting of the local government council and its committees but shall not be entitled to vote thereat.
CHAIRMAN OF MEETINGS OF LOCAL GOVERNMENT COUNCILS
(2) In the absence of the president or deputy president the members present at any meeting of a local government council shall elect one of their elected members to act as chairman of that meeting.
QUORUM AND VOTING AT MEETINGS
(2) All acts of a local government council and all questions and matters coming before a local government council for decision shall be done and decided by a majority of the elected members present and voting thereon.
(3) The chairman of any meeting of a local government council shall in addition to his ordinary vote have a casting vote in the case of an equality of votes.
MINUTES OF MEETINGS
(2) Until the contrary is proved, a meeting of a local government council or of a committee of a local government council in respect of the proceedings whereof a minute has been made and signed in accordance with the provisions of subsection (1) shall be deemed to have been duly convened and held. All members present at such meeting shall be deemed to have been duly qualified. Where such proceedings are proceedings of a committee it shall be deemed to have been duly constituted and to have had power to deal with the matters to which reference is made in such minute.
PART V
EXECUTIVE AND FINANCE COMMITTEE AND OTHER COMMITTEES
COMMITTEES
(2) A local government council may from time to time appoint and dissolve other committees for any general or special purposes which in the opinion of the local government council would be better regulated and managed by a committee and may delegate to a committee so appointed, with or without restrictions or conditions, as the local government may decide, any power conferred upon the local government council under this Act or any other law, except -
(a) the power to make regional laws;
(b) the power to borrow money; or
(c) any other power which by this Act or any other law or an Order made by the Minister may not be exercised by a committee of a local government council.
(3) In no case shall any act of any committee of a local government council be binding upon the local government council until submitted to and approved by the local government council except in any case where the local government council has, by resolution, authorised a committee to manage, regulate or conclude any matter.
(4) The number of members of a committee other than the executive and finance committee and the term of office of members shall be fixed by the local government council.
(5) The chairman of any such committee shall be a member who is an elected member of the local government council. The chairman shall be appointed either by the local government council or, in default of any such appointment, by the members of the committee.
(6) A committee, other than the executive and finance committee, may include persons who are not members of the local government council to a number not exceeding one third of the membership of such committee. Such persons shall not be entitled to vote at any meeting of the committee.
(7) Every member of a committee who at the time of his appointment to such committee is a member of the local government council shall, upon ceasing to be such member, cease to be a member of the committee.
PART VI
SECRETARY, TREASURER AND STAFF
SECRETARY TO LOCAL GOVERNMENT
(2) The secretary shall be the chief executive officer of the local government council and shall have the charge and custody of and be responsible for all books, records and other documents of the local government council.
(3) The appointment of a person as secretary and the terms and conditions of such appointment shall in all respects be subject to the prior approval in writing of the Minister.
TREASURER AND OTHER OFFICERS
(2) A local government council may appoint such other officers, as it may consider necessary for the proper performance of its functions, upon such terms and conditions as it may determine and may define the powers and duties of such officers.
(3) Until such time as the Minister is satisfied that suitable persons are otherwise available the secretary, treasurer and such other officers as he may consider necessary shall be seconded to a local government council from the public service.
CONSENT OF MINISTER TO DISMISSALS
POWER TO ENGAGE STAFF
STAFF REGULATIONS
(a) grades and salary scales;
(b) appointments, promotions, leave, termination of appointments and dismissals;
(c) maintenance of discipline;
(d) disciplinary offences;
(e) interdiction and payment of salary or wages during any period of interdiction; punishments in respect of disciplinary offences including the withholding or deferment of increments, fines, reductions in rank or salary and deductions from salary in respect of damage to property of the local government council by reason of misconduct or breach of duty by an officer, servant or employee;
(f) training;
(g) payment of allowances; and
(h) terms and conditions of service generally including matters relating to procedure and the duties and responsibilities of officers, servants and employees.
(2) Staff regulations made under the provisions of subsection (1) shall be subject to the approval of the Minister.
PENSION SCHEMES
22. A local government council may -
(a) establish and maintain or join with other local government councils or authorities in establishing and maintaining a pension or superannuation scheme;
(b) contribute to a pension or superannuation scheme established and maintained by the Government; or
(c) make other arrangements for the payment of pensions or superannuation benefits to persons retiring from the service of the local government council, or to any dependent of any deceased person who at the time of his death was in or had retired from the service of the local government council.
PART VII
DUTIES AND POWERS OF LOCAL GOVERNMENT COUNCILS
GENERAL DUTY OF LOCAL GOVERNMENT COUNCIL
(2) It shall have the direct and indirect duties and powers set out in Part I of the Schedule.
(3) The Minister may by Order from time to time alter the Schedule but may not alter the maximum limits of local taxes provided for in Part II of the Schedule.
AGENT FOR GOVERNMENT
24. At the request of the Minister, a local government council may -
(a) act as the agent of the Government for the collection of government revenue upon such terms and conditions as to payment of commission or otherwise as may be agreed; or
(b) act as agent for and perform and do such other acts, matters and things on behalf of the Government as may be agreed between the Government and the local government council.
CONTRACTS
(2) Except as may be permitted by its standing orders, a local government council shall not enter into any contract -
(a) for the supply of any goods or materials; or
(b) for the execution of any works or provision of any services, other than professional services to or for the local government council; except after publicly calling for tenders for the same.
(3) A contract purporting to be made by a local government council which is -
(a) sealed with the seal of the local government; or
(b) signed by an officer of the local government council duly authorised in that behalf by any resolution or standing order of the local government council shall not be invalid by reason only of any failure to observe any standing order made under the provisions of this Act.
PART VIII
REGIONAL LAWS
(2) Regional laws shall be such as may be necessary for or incidental tot he carrying out of the direct and indirect duties and powers referred to in Part 1 of the Schedule.
CONFLICT BETWEEN REGIONAL LAWS AND ACTS ETC
PROCEDURE RELATING TO REGIONAL LAWS
28. (1) The following provisions of this section shall apply to all regional laws.
(2) The local government council shall forward to the Minister -
- (a) a copy of the proposed regional law;
- (b) a memorandum giving the reasons for the making of the proposed law;
- (c) copies of any minutes of the local government relating to the law.
(3) The Minister shall either -
- (a) approve the proposed regional law; or
- (b) refer the law back to the local government council stating in writing that the proposed law -
(i) conflicts with the Constitution; or
(ii) is not made in compliance; or
(iii) conflicts with an Act or Order which prevails and briefly giving his reasons for so stating.
(4) On receipt of a law in accordance with subsection (3)(b) a local government council may either -
(a) return the proposed law with amendments made thereto in which case subsection (3) shall apply to the amended proposed law;
(b) return the proposed law to the Minister unamended stating in writing the reasons why it rejects the Minister's referral.
(5) On receipt of a proposed regional law in accordance with subsection (4)(b) the Minister shall within 15 days either approve it or refer it to the Supreme Court together with any statements made in accordance with subsections (3) and (4).
(6) On a referral to it in accordance with subsection (5) the Supreme Court shall either -
- (a) direct the approval of the law by the Minister; or
- (b) declare in what manner the proposed regional law -
(i) conflicts with the Constitution; or
(ii) is not made in compliance with section 26; or
(iii) conflicts with an Act or Order;
and may give such directions as it may consider just and requisite.
(7) Every regional law shall be made under the seal of the local government council which shall be affixed in the presence of the president, the secretary and one other member, all of whom shall sign the regional law.
PUBLICATION OF REGIONAL LAWS
(2) A copy of the supplement to the Gazette containing any regional law shall be evidence of the due making of such regional law and of the contents thereof.
(3) A copy of all regional laws shall be deposited in the offices of the local government council and shall at all reasonable hours be open to public inspection without payment.
PENALTY IN REGIONAL LAW
PART IX
FINANCE
FINANCIAL YEAR
DIVISION OF LOCAL GOVERNMENT COUNCIL BUDGET INTO RECURRENT AND EXTRAORDINARY PARTS
(2) Items of revenue and expenditure which by their nature appear unlikely to recur each year shall be included in the extraordinary part of a local government council budget.
RECURRENT REVENUE OF LOCAL GOVERNMENT COUNCIL
33. (1) The recurrent revenue of a local government council shall consist of -
(a) all local taxes lawfully levied by the local government council;
(b) such part as the Minister may determine of any fees and charges payable in respect of licences and permits which have been lawfully issued or authorised for issue by the local government council, whether under this or any other Act;
(c) all other fees, charges, rents and dues payable to or recoverable by the local government council or to which the local council is entitled under the provisions of this or any other law;
(d) one-half of all fines imposed by a court of competent jurisdiction within the local government council in respect of any contravention of or failure to comply with the provisions of this Act or of any regional law in force in that local government region;
(e) except as may be otherwise prescribed by the Minister, all charges or profits arising from any trade, service or undertaking carried on by the local government council in exercise of the powers vested in it;
(f) interest on moneys invested by the local government council, except where other provision is made in respect thereof under the provisions of this or any other law;
(g) all recurrent grants paid by the Government;
(h) all rents from lands leased by the local government council;
(i) such other revenues as the Minister responsible for finance may declare in writing to be revenues for the purposes of this section.
EXTRAORDINARY REVENUE
34. (1) The extraordinary revenue of a local government council shall consist of -
(a) special grants paid to it by Government;
(b) loans;
(c) gifts and legacies;
(d) proceeds from the sale of local government council property;
(e) any other unusual or temporary income.
(2) The Minister may after consultation with the Minister responsible for finance by Order provide for the method of calculation of any special grants or classes of special grants.
EXPENDITURE
POWER TO RAISE LOANS
(2) Any financial liability to the Government lawfully incurred by a local government council for the purpose of acquiring any interest in land or any works, schemes, undertakings or assets from the Government, and not discharged by immediate payment, shall be deemed to be a loan granted by the Government.
INVESTMENT OF FUNDS
37. Any of the moneys of a local government council may be -
(a) deposited in a bank approved in writing by the Minister responsible for finance;
(b) invested in Vanuatu Government securities as provided for in the Central Bank of Vanuatu Act Cap. 125; or
(c) in such other manner as the Minister responsible for finance may approve.
ANNUAL ESTIMATES
(2) The estimates of a local government council shall be submitted to the Minister who, subject to the provisions of subsection (3) and after consultation with the Minister responsible for finance shall -
(a) approve such estimates without amendment; or
(b) disallow or amend any item or any part of any item therein which, in his opinion, is unlawful, excessive or unnecessary; or
(c) disapprove such estimates.
(3) The power of disallowance, amendment or disapproval conferred on the Minister by the provisions of subsection (2) shall not be exercised by the Minister until he has allowed the local government council the opportunity of making representations on any proposed disallowance, amendment or disapproval.
(4) As soon as possible after the Minister has approved the estimates of the local government council, whether with or without amendment, a copy of such estimates shall be deposited in the office of the local government council and shall at all reasonable hours be open to public inspection without payment.
(5) Where additional financial provision is required during the course of any year, supplementary estimates shall be passed, submitted and otherwise dealt with in the same manner as estimates.
(6) A summary of the estimates and any supplementary estimates as approved by the Minister shall be recorded in the minutes of the local government council.
EXPENDITURE INCURRED NOT IN ACCORDANCE WITH ESTIMATES
(2) Subject to the provisions of any Order made under section 42 and notwithstanding the provisions of subsection (1) and section 38(5) a local government council may by resolution authorise the expenditure of not more than VT200,000 or 25 per cent, whichever is the less, of funds appropriated for any one purpose in approved estimates, on any other purpose therein contained:
Provided that no expenditure on such authorisation shall take place without the consent of the Minister -
(a) for any purpose in respect of which provision has not been made in the approved estimates; or
(b) for any purpose the proposed expenditure on which has been reduced by the Minister.
(3) Notwithstanding the provisions of subsection (1), a local government council may -
(a) prior to the approval of its estimates, authorise expenditure on recurrent items to an amount not exceeding half that provided in the approved estimates for the preceding year; and
(b) prior to the approval of its estimates or of any supplementary estimates, grant to its officers, servants and employees any normal increase of salary or wages in accordance with approved scales.
PART X
ACCOUNTS AND AUDIT
ACCOUNTS
(2) Subject to any directions of the Minister, such books and accounts shall be kept in such form and by such method as the local government council may approve.
AUDIT
(2) If the Auditor General so directs, a local government council shall reimburse to the Government such sum in respect of the Auditor General's expenses as the Minister may fix.
(3) A local government council shall -
(a) produce to the auditor within 3 months of the conclusion of the year to which they relate all the books and accounts of the local government council together with all deeds, contracts, documents, receipts and vouchers relating thereto;
(b) permit the auditor to inspect all stores and other assets of the local government council as he may require; and
(c) give to the auditor such information, explanation and facilities as he may require to be given to enable him to perform the duties of an auditor.
(4) It shall be the duty of the auditor to report to a local government council not less than once in each year separately in respect of each of the following matters, that is to say, whether or not -
(a) he has obtained all such information, explanation and facilities as he may have required to be given to enable him to perform the duties of an auditor;
(b) the accounts of the local government council are in order and present a true view of the financial position of the local government council;
(c) separate accounts of all undertakings and other accounts required to be kept by the provisions of this Act have been kept;
(d) due provision has been made for redemption and repayment of all moneys borrowed by the local government council;
(e) due provision has been made for depreciation or renewal of the assets of the local government council.
(5) In addition to the report required under subsection (4) the auditor shall report to the Minister and to the local government council any matter or thing which is discovered during the course of the audit and which appears to have been done or performed without due authority.
(6) The Secretary shall -
(a) within 30 days of the receipt of the auditor's report on the accounts of the local government council for any year submit the accounts together with such report to the Minister; and
(b) lay the accounts of the local government council for each year together with the auditor's report thereon before the local government council within 30 days of the receipt of such report, or if the council is not sitting, at its next meeting. Thereafter such extracts from such accounts and such reports as the Minister may approve shall be deposited in the office of the local government council and shall at all reasonable hours be open to public inspection without payment.
FINANCIAL AND TENDER BOARD ORDERS
(e) regulating the procedure for dealing with tenders; requiring contracts made by local government councils to be in accordance with such Orders and in particular requiring in the case of contracts for the supply of goods or materials or for the execution of works to the value of VT150,000 or more or such higher minimum value as the Minister may specify that notice of the intention of the council to enter into the contract shall be published and tenders invited and regulating the manner in which such notice shall be published and such tenders accepted; and
(f) generally carrying out the provisions of Part IX and putting this Part into effect.
(2) Orders made under this section may be applied either to local government councils generally or with respect to a particular local government council and shall be observed and obeyed by the local government council to which they apply.
PART XI
MISCELLANEOUS
REPRESENTATION OF A LOCAL GOVERNMENT COUNCIL IN COURT
(2) Where a local government council is a party to any civil cause or matter the local government council may be represented by the secretary.
INDEMNITY OF COUNCILLORS AND OTHER PERSONS
44. No act, matter or thing done or omitted by -
(a) any member of a local government council;
(b) any officer or other person in the service of a local government council; or
(c) by any person acting under the directions a local government council;
shall if such act, matter or thing was done in good faith in the execution of his duty, render any such councillor, officer or person personally liable to any action, liability, claim or demand whatever.
GENERAL PENALTY
(a) failing to obtain a licence or permit; or
(b) contravening or failing to comply with any condition, subject to which a licence or permit has been issued to such person; under the provisions of this Act or of any regional law or any Order made hereunder, the court may, in addition to or in substitution for any other penalty which it may impose, cancel the licence or permit in respect of which such offence was committed and may order that such person shall for a period not exceeding 12 months from the date of such conviction, be disqualified from holding or obtaining any such licence or permit.
EXCLUSION OF MUNICIPALITIES
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SCHEDULE
PART 1-DUTIES AND POWERS
A. Direct duties and powers
(a) Location, construction and maintenance of -
(i) schools;
(ii) clinics, dispensaries, health and inoculation centres;
(iii) bridges;
(iv) roads not the responsibility of the Government or a municipality;
(v) water supplies;
(vi) wharves and jetties;
(vii) markets;
(vii) libraries, museums and cultural centres.
(b) Regulation and control of markets.
(c) Licensing of cinemas.
(d) Licensing of premises for the sale of alcoholic liquor. Such power shall not extend to the licensing of the sale of alcoholic liquor at aerodromes, on board ships or boats or on board aircraft.
(e) Supervision and control of area and village councils.
(f) Control of dogs, pigs and other livestock.
(g) Subject to restriction on their number by the Minister, the making of public holidays in the local government region.
(h) Licensing of taxi boats and, except for those local government councils administering the Islands of Efate and Espiritu Santo, the licensing of bus and taxi services which are established in and carry on business from the local government region.
(i) Subject to any Act or Order made thereunder, the supervision and control of fishing within the local government region and seaward for 6 nautical miles from the low water line of any sea shore of the local government region.
(j) Provision of information services.
(k) Provision of clerical staff for village courts.
B. Indirect duties and powers
(a) Levying and collection of the following local taxes in accordance with orders made by local government councils after consultation with the Minister and subject to the limits and conditions contained in Part 2 of this Schedule and to Acts of Parliament -
(i) road tax;
(ii) liquor licensing tax;
(iii) business licence tax;
(iv) dog tax;
(v) cinema tax;
(vi) entertainment tax other than cinema tax;
(vii) gaming and lottery tax.
(b) Presentation and implementation of regional development plans;
(c) Social development particularly of women and youth;
(d) Organisation and encouragement of sport and other leisure time recreations;
(e) Provision of rural radio services;
(f) Allocation in co-operation with the Government of agricultural priority areas;
(g) Provision of agricultural extension services;
(h) Control of vehicular traffic;
(i) Registration of births, deaths and marriages;
(j) Maintenance of electoral rolls;
(k) Supervision of co-operative societies;
(l) Public health;
(m) Location and maintenance of secondary airfields.
PART 2-LIMITS AND CONDITIONS RELATING TO LOCAL TAXES
(i) Head tax shall not be more than VT2,500.
(ii) Head tax shall be payable annually.
(iii) Any person of or above the age of 18 years and not above the age of 60 years shall on 1 July in every year become liable unless generally or specifically exempted to pay head tax imposed by the local government council of the local government region in which he is ordinarily resident on that date.
(iv) Any person liable to pay head tax in accordance with paragraph (iii) and who fails to do so by 31 October in the year it is due shall be liable to pay the local government council in addition to the tax due a surcharge calculated at a maximum rate of 50 per cent of the tax due.
(v) A person who produces to the treasurer of a local government council or an officer acting on his behalf a valid receipt of another local government council in evidence of payment of head tax for the current year shall not be liable to pay head tax to the former local government council.
(vi) A local government council may exempt persons from payment of head tax or a part thereof by reason of poverty or for any other good reasons.
(vii) A head tax may be at a different rate for men and women.
(viii) Notices requiring payment of head tax shall be given by 1 June in respect of tax for 1 July next except in the case of a person who becomes ordinarily resident in a local government region between 1 June and 1 July when the notice shall be given as soon as practicable but not later than 31 July after the person liable has become ordinarily resident.
(ix) A local government council shall give every person who pays head tax a receipt showing the amount paid, the year in respect of which payment has been made and the date of payment.
(x) If a person fails to pay head tax to which he is liable the local government council may recover the tax due including any surcharge as a civil debt together with costs and in addition the court may impose a penalty in accordance with section 45.
(b) LIQUOR LICENSING TAX
(i) Until such time as a local government council makes a regional law for liquor licensing, the licences provided for in the Liquor Licensing Act, Cap. 52 shall be issued in a local government region by the treasurer of the local government council and the license fees payable in respect thereof shall be paid to the local government council in lieu of liquor licensing tax.
(ii) When a local government council has made a regional law replacing the Liquor Licensing Act, Cap. 52 the following limit and conditions shall apply to liquor licensing tax -
(a) liquor licensing tax shall be a maximum of VT100,000 per annum;
(b) it shall be payable when licences for liquor trading are renewed;
(c) it shall be recoverable as a civil debt together with costs.
(c) BUSINESS LICENCE TAX
(i) Local government councils shall issue the business licences provided for in the Business Licence Act, Cap. 173 and any amendment thereof. For that purpose the local government council administering the local government region where premises, for which a licence is required, are situate shall be substituted for the Government in the Act.
(ii) Licences shall be issued by the treasurer of the local government council who shall receive on behalf of the local government council the fees provided for under the Business Licence Act, Cap. 173 and any amendment thereof.
(iii) For the purpose of this Act the business licence fees shall be known as business licence tax.
(d) DOG TAX
(i) Dog tax shall be a maximum of VT200 payable by the owner for each dog kept, and a maximum of VT500 for each unspeyed bitch kept.
(ii) Dog tax shall be payable annually.
(iii) Dog tax shall be recoverable as a civil debt together with costs.
(e) CINEMA TAX
(i) Cinema tax shall be payable by persons who show films for payment in respect of payments taken for the showing of such films.
(ii) Cinema tax shall be at the maximum rate of 10 per cent of the charge made to each person.
(iii) Provision may be made in an order made by a local government council for the production of receipt books and accounts of persons liable to pay the tax;
(iv) Cinema tax shall be recoverable as a civil debt together with costs.
(f) ENTERTAINMENT TAX
(i) Entertainment tax shall be payable by persons who provide entertainment including dances, musical shows, boxing and other sports for payment, in respect of payments taken for the provision of such entertainment.
(ii) Entertainment tax shall be at the maximum rate of 10 per cent of the charge made to each person.
(iii) Provision may be made in an order made by a local government council for the production of receipt books and accounts of persons liable to pay the tax.
(g) GAMING AND LOTTERY TAX
(i) The power to provide for a gaming and lottery tax shall be subject to any Act or Order made thereunder.
(ii) Gaming and lottery tax shall be either -
(a) a fixed rate tax of a maximum of VT5,000 payable in respect of each lottery or raffle; or
(b) an annual tax of a maximum of V124,000 payable by the proprietor of premises used for games of chance or for gaming machines.
(iii) The annual tax shall be recoverable as a civil debt together with costs.
(iii) This tax will be in addition to any tax leviable by the Central Government under Act of Parliament on the takings or profits of any casino or other place where games of chance are played.
-----------------------------
[Subsidiary]
SUBSIDIARY LEGISLATION
LOCAL GOVERNMENT COUNCIL ELECTION RULES
ARRANGEMENT OF RULES
RULES
PART I
1. Interpretation
PART II
Candidates for Election
3. Eligibility of candidates
4. Declaration of candidature
5. Declaration of invalidity of candidature by the Minister
6. Resubmission of declaration of candidature by candidates
7. Publication of lists of candidates
PART III
Election of Members of a Local Government Council
8. Declaration of election without a poll and notice of new poll
9. Returning officers
11. Persons not entitled to vote
13. Proxy vote
14. Suspension and stopping of poll
15. Display and locking of ballot boxes
17. Publication of results
PART IV
Election Reports
18. Report by the Principal Electoral Officer
PART V
Election of Presidents and Deputy Presidents
25. Resignation of president or deputy president
26. Eligibility to hold office of president or deputy president
27. Term of office of presidents and deputy presidents
PART VI
29. Bribery
30. Treating
31. Undue influence
32. Penalty for corrupt practices
PART VII
Election Petitions
33. Election Disputes Committee
38. Election petitions to be in writing and copies to be served on affected persons
39. Proceedings of Election Disputes Committee
40. Decision of Election Disputes Committee
42. Examination of votes casts
43. Communication of decision of Election Disputes Committee and appeals
44. Reports to Public Prosecutor
SCHEDULE 1
Part 1- Declaration of candidature
Part 2- Receipt
SCHEDULE 2
Part 1- Rules for voting by proxy
Part 2- Form B: Proxy form
SCHEDULE 3
Election of candidates rules
---------------------------------------------
[Subsidiary]
SUBSIDIARY LEGISLATION
LOCAL GOVERNMENT COUNCIL ELECTIONS RULES
To prescribe rules for local government council elections.
PART I
INTERPRETATION
INTERPRETATION
"Act" means the Decentralisation Act, Cap. 127;
"election" includes a by-election;
"electoral officer" means the Principal Electoral Officer and officers of the Electoral Office; a registration officer; an assistant registration officer; a returning officer or a polling clerk;
"polling day" means the day fixed for an election or the commencement of an election in accordance with section 8(2)(a) of the Act;
"ward" means an area council division of a local government region as declared under section 3 of the Act.
PART II
CANDIDATES FOR ELECTION
DISQUALIFICATION FOR ELECTION
(a) is a member of Parliament;
(b) is disqualified from being a member of Parliament;
(c) is in the service of the local government council.
ELIGIBILITY OF CANDIDATES
(a) is a citizen of Vanuatu;
(b) is registered as an elector in the local government region in which he is a candidate;
(c) is not disqualified from voting;
(d) has not received a sentence including a suspended sentence of a term or terms of imprisonment which has not ended;
(e) is not an undischarged bankrupt; and
(f) has attained 21 years of age.
DECLARATION OF CANDIDATURE
(a) a declaration of candidature signed by him in the form and containing the particulars provided for in Part 1 of Schedule 1 which shall include a declaration that the candidate is eligible as provided for in rule 3;
(b) 2 full face photographs of himself;
(c) except for a candidate sponsored by a political party having a symbol approved by the Minister an illustration on paper of his personal electoral symbol.
(2) A declaration of candidature shall also contain the signatures of not less than five sponsors being persons registered to vote in the local government region of the candidate and not being related to the candidate.
(3) No person may lodge a declaration of his own candidature -
(a) for more than 1 ward; or
(b) in the case of a by-election if he is a member of the local government council.
(4) The electoral officer who receives a declaration of candidature shall give a receipt to the candidate in the form contained in Part 2 of Schedule 1 and forward the declaration immediately to the Electoral Office.
(5) The Principal Electoral Officer shall within 24 hours of the day declared by the Minister under subrule (1) make a list of the candidates named in declarations of candidature received by the Electoral Office and send copies to the Minister.
(6) The Principal Electoral Officer shall send with the list referred to in subrule (5) such comments on the validity of the candidature of any person named in the list as he shall consider fit.
DECLARATION OF INVALIDITY OF CANDIDATURE BY THE MASTER
(2) The Minister shall only declare a candidature invalid on the following grounds -
(a) the candidate or his sponsors do not have the necessary qualifications or are disqualified; or
(b) the declaration of candidature is not sponsored as provided in rule 4(2).
(3) Where the Minister decides that a candidature is invalid he shall so endorse the declaration of candidature giving reasons for the decisions.
RESUBMISSION OF DECLARATION OF CANDIDATURE BY CANDIDATES
(2) Where a declaration of candidature sponsored by a political party is declared invalid by the Minister or a candidate dies not less than 14 days before polling day another candidate sponsored by the same party may lodge a declaration of candidature provided that he does so within 72 hours of the declaration or death.
PUBLICATION OF LISTS OF CANDIDATES
7. A list of candidates shall be displayed at -
(a) the offices of the local government council or, where such offices are not yet in existence, the office of the District Commissioner;
(b) the Parliament building;
(c) the office of the Minister;
(d) the Electoral Office; and
(e) such other places in the local government region as the Minister may direct, for not less than 14 days before polling day except in the case of new or re-submitted candidatures under rule 6 where the period shall be not less than 9 days.
PART III
ELECTION OF MEMBERS OF A LOCAL GOVERNMENT COUNCIL
DECLARATION OF ELECTION WITHOUT A POLL AND NOTICE OF NEW POLL
(2) If the number of candidates is less than the number of members to be elected the Minister shall when he declares the number of candidates elected declare the number of seats vacant.
(3) The Minister shall within 30 days after the declaration referred to in subrule (2) and after consultation with the Principal Electoral Officer fix the date of an election for the seats declared vacant.
(4) If the number of candidates exceeds the number of members to be elected a poll shall be taken in accordance with this Part and without undue delay after the closing of the list of candidates the electoral officer shall publish a notice stating -
- (a) the names of the candidates;
(b) the hours of polling;
(c) the situation of each polling station;
(d) sufficient information to enable voters to know which polling station they are required to vote at;
(e) any other information that may be prescribed.
RETURNING OFFICERS
ELECTORAL ROLLS TO BE IN POLLING STATIONS AND VOTERS ONLY TO VOTE IF THEREIN AND HAVE ELECTORAL CARDS
(2) No person may vote unless his name is contained in the roll of electors of the polling station at which he presents himself for voting, and he produces a valid electoral card issued to him.
PERSONS NOT ENTITLED TO VOTE
POLLS TO BE SECRET AND ELECTORS TO VOTE ONCE FOR ONE CANDIDATE
12. (1) A poll shall be taken by secret ballot.
(2) Subject to rule 13, no person shall have more than 1 vote nor vote for more than one candidate.
PROXY VOTE
SUSPENSION AND STOPPING OF POLL
(2) Where there has been suspension and reopening in accordance with subrule (1) polling shall continue after the time fixed for ending the poll for the period of the suspension unless the returning officer is satisfied that every elector on the roll has cast his vote.
(3) When circumstances arise which in the opinion of a returning officer make it impossible to continue with a poll within a reasonable time whether or not polling has already been suspended under subrule (1) he shall declare the poll stopped and inform the Principal Electoral Officer of the declaration who shall immediately forward a report thereon with any comment he may have to the Minister.
(4) When a poll has been stopped under subrule (3) all proceedings before the declaration shall be annulled by the Minister by Order either -
(a) in every polling station in the relevant ward if the result in the ward as a whole could be affected by the addition of the votes of voters of the polling district where the poll has been stopped; or
(b) in the polling station where the poll has been stopped only if the results in the relevant ward as a whole could not be materially affected by the addition of the votes of voters of the polling district where the poll has been stopped;
and in either case the Minister shall in the Order fix a new day and time for polling and a new poll shall be held.
(5) If in the opinion of the returning officer and not less than one polling clerk not later than half an hour before the time fixed for polling to close the number of voters waiting will not be able to vote in that time he may extend the time to the close of the poll by 1 hour and shall record the extension in his report under paragraph 19 of Schedule 3.
(6) The returning officer may close the polling station when all the voters on the roll have voted but the counting of votes shall not start earlier than 1 hour before the time fixed for the end of polling.
DISPLAY AND LOCKING OF BALLOT BOXES
METHOD OF VOTING AND PROCEDURES
PUBLICATION OF RESULTS
PART IV
REPORT BY THE PRINCIPAL ELECTORAL OFFICER
(b) his comments thereon.
PART V
ELECTION OF PRESIDENTS AND DEPUTY PRESIDENTS
ELECTION OF PRESIDENTS AND DEPUTY PRESIDENTS AND METHOD OF ELECTION
(2) The candidate who gains the votes of a majority of the members of the council shall be elected.
(3) Where two or more candidates gain the same number of votes the older shall be considered elected.
(4) The Minister may at the request of or after consultation with a local government council, authorise the creation of one or more additional offices of deputy president.
OFFICERS OF COUNCILS TO BE HONORARY
Provided that, with the approval of the Minister, duty allowances may be authorised by a local government council and paid from the council budget. Presidents, deputy presidents and councillors shall be entitled when due occasion arises to reimbursement of any necessary expenditure incurred in the carrying out of special duties.
ELECTION PROCEDURE
NOTICE OF ELECTION OF PRESIDENT OR DEPUTY PRESIDENT
NOTIFICATION OF RESULTS
CHALLENGE OF ELECTIONS
RESIGNATION OF PRESIDENT OR DEPUTY PRESIDENT
(2) A notice of resignation shall be delivered to the secretary of the council not later than 14 days before such resignation is to take effect.
(3) Two weeks after receipt of such notice of resignation of a president or deputy president, a meeting of the council shall be convened to elect a new president or deputy president.
ELIGIBILITY TO HOLD OFFICE OF PRESIDENT OR DEPUTY PRESIDENT
TERM OF OFFICE OF PRESIDENTS AND DEPUTY PRESIDENTS
(2) At the end of the term of office of a president and/or a deputy president a meeting of the council shall be convened to elect a new president and/or deputy president in accordance with rules 19, 21 and 22.
(3) Presidents and deputy presidents who have completed a term of office shall be eligible for re-election to these offices.
PART VI
CORRUPT PRACTICES
PERSONATION
28. A person commits the offence of personation if he -
(a) except when voting as a proxy, votes as some other person whether that other person is living or dead or is a fictitious person; or
(b) votes as proxy for a person whom he knows or has reasonable grounds for supposing to be dead or a fictitious person.
BRIBERY
29. (1) A person commits the offence of bribery -
(a) if he directly or indirectly by himself or by other person -
(i) gives any money or procures any office to or for any voter or to or for any other person on behalf of any voter or to or for any other person in order to induce any voter to vote or refrain from voting;
(ii) corruptly does any such act on account of any voter having voted or refrained from voting; or
(iii) makes any such gift or procurement to or for any person in order to induce that person to procure, or endeavour to procure, the election of any candidate or the vote of any voter;
or if upon or in consequence of any such gift or procurement he procures or engages, promises or endeavours to procure the election of any candidate or the vote of any voter;
(b) if he advances or pays any money or causes any money to be paid to or to the use of any other person with the intent that such money or any part thereof shall be expended in bribery at any election or knowingly pays any money or causes any money to be paid to any person in discharge or repayment of any money wholly or in part expended in bribery at any election;
(c) if before or during an election he directly or indirectly, by himself or by any other person on his behalf, receives, agrees or contracts for any money, gift, loan or valuable consideration or any office, place or employment for himself or for any other person for voting or agreeing to vote or from refraining or agreeing to refrain from voting;
(d) if after an election he directly or indirectly by himself or by any other person on his behalf receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting.
(2) For the purposes of subrule (1) -
(a) references to giving money include references to giving, lending, agreeing to give or lend, offering, promising and promising to procure or to endeavour to procure any money or valuable consideration:
(b) references to procuring office include references to giving, procuring, agreeing to give or procure, offering, promising and promising to procure or to endeavour to procure any office, place or employment.
TREATING
30. A person commits the offence of treating -
(a) if he corruptly by himself or by any other person either before, during or after an election directly or indirectly gives or provides or pays wholly or in part the expenses of giving or providing any food, drink or entertainment to or for any person -
(i) for the purpose of corruptly influencing that person or any other person to vote or refrain from voting; or
(ii) on account of that person or any other person having voted or refrained from voting or being about to vote or refrain from voting;
(b) if he corruptly accepts or takes food, drink or entertainment offered in the circumstances and for the purpose mentioned in paragraph (a) of this rule.
UNDUE INFLUENCE
31. A person commits the offence of undue influence if -
(a) he directly or indirectly by himself or by any other person on his behalf -
(i) makes use of or threatens to make use of any force, violence or restraint; or
(ii) inflicts or threatens to inflict by himself or by any other person any temporal or spiritual injury, damage, harm or loss upon or against any person, in order to induce or compel that person to vote or refrain from voting, or on account of that person having voted or refrained from voting; or
(b) by abduction, duress or any fraudulent device or contrivance he impedes or prevents the free exercise of the franchise of a voter, or thereby compels, induces or prevails upon a voter either to vote or to refrain from voting.
PENALTY FOR CORRUPT PRACTICES
(2) A person convicted of a corrupt practice shall be liable on conviction to a fine not exceeding VT100,000 or to imprisonment for a term not exceeding 5 years or to both.
PART VII
ELECTION PETITIONS
ELECTION DISPUTES COMMITTEE
(2) The Minister may replace a member who is unable to carry out his duties or ceases to be qualified or fill any vacancy.
(3) When appointing the Election Disputes Committee the Minister may make such stipulations, not inconsistent with these rules, as he may consider appropriate concerning the functions of the Committee.
(4) The names of the members of the Election Disputes Committee together with the address of the Committee for service of Petitions shall be published in the Gazette.
ELECTIONS ONLY TO BE CHALLENGED UNDER THESE RULES
(2) Every election petition shall be heard by the Election Disputes Committee.
PERSONS WHO MAY PRESENT ELECTION PETITIONS
(a) a person who is registered to vote at the election to which the petition relates;
(b) a person claiming himself to have been a candidate at such election.
PETITIONS ONLY VALID IF DEPOSIT MADE
(2) Subject to subrule (3) a deposit made under subrule (1) shall be returned to the petitioner after the petition has been heard.
(3) The Election Disputes Committee may deduct from a deposit made under subrule (1), the amount of any costs ordered to be paid.
TIME FOR PRESENTATION OF PETITIONS
(2) If a petition alleges a specific payment of money or other reward after an election by or on the account of a person whose election is disputed, the petition may be presented within 21 days of the alleged payment.
(3) The time limit provided for in this rule shall not be extended.
ELECTION PETITIONS TO BE IN WRITING AND COPIES TO BE SERVED ON AFFECTED PERSONS
(2) The Election Disputes Committee shall cause a copy of each election petition to be served on any person whose election may be affected by the petition and allow such person a reasonable time in which to make any submissions in writing on the hearing of the petition.
PROCEEDINGS OF ELECTION DISPUTES COMMITTEE
(2) The proceedings of the Committee shall be conducted in English, French or Bislama according to the choice of the petitioner and interpreters shall be provided by the Committee.
(3) The proceedings of the Committee shall be recorded in writing.
(4) Persons may be represented before the Committee by counsel.
(5) No person appearing before the Committee shall be bound to incriminate himself and all such persons shall be entitled to the privileges accorded to a witness appearing before the Supreme Court.
DECISIONS OF ELECTION DISPUTES COMMITTEE
(a) declare the election to which the petition relates is void;
(b) declare a candidate other than the person whose election is questioned was duly elected; or
(c) dismiss the petition and declare the person whose election is questioned was duly elected.
(2) The Election Disputes Committee may make such orders as to the payment of costs by any person appearing before it as it may deem fit.
GROUNDS FOR DECLARING ELECTION VOID
(a) bribery, treating, undue influence or other misconduct or circumstances whether similar to those hereinbefore enumerated or not, have so extensively prevailed that they may be reasonably supposed to have affected the result of the election;
(b) there has been such non-compliance with the provisions of these rules in the conduct of polling or in any other matter that such non-compliance affected the result of the election;
(c) the candidate was at the time of his election a person not qualified or disqualified for election; or
(d) there was such irregularity in the counting of the votes as may reasonably be supposed to have affected the result of the election.
(2) The election of a candidate shall be declared void if he is convicted by a competent Court of committing a corrupt practice or of attempting or conspiring to commit a corrupt practice.
(3) Notwithstanding the provisions of subrule (1) -
(a) where upon the hearing of an election petition the Election Disputes Committee finds that any agent of a candidate has been guilty of a corrupt practice and the Election Disputes Committee further finds that the candidate has proved to the Election Disputes Committee that -
(i) no corrupt practice was committed by the candidate himself or with his knowledge or consent or approval;
(ii) the candidate took all reasonable means for preventing the commission of corrupt practices at such election; and
(iii) in all other respects the election was free from any corrupt practice on the part of the candidate;
(iv) such corrupt practices did not affect the result of the elections;
then, if the Election Disputes Committee so recommends, the election of such candidate shall not by reason of any such practice be void.
(b) Where upon the hearing of an election petition the Election Disputes Committee finds that there has been failure to comply with any provision of these rules but the Election Disputes Committee further finds, that it is satisfied that the election was conducted in accordance with the principles laid down in these rules and that such failure did not affect the result of the election, the election of the successful candidate shall not, by reason of such failure, be void.
EXAMINATION OF VOTES CAST
COMMUNICATION OF DECISION OF ELECTION DISPUTES COMMITTEE AND APPEALS
(2) Any person referred to in subrule (1) may within 14 days of such decision or such further time as the Supreme Court may allow appeal to that Court in writing giving brief reasons for his appeal.
(3) After consideration of the written appeal and of the record of the proceedings before the Election Disputes Committee the Supreme Court may either dismiss the appeal summarily or give the other persons affected by the appeal an opportunity to lodge replies to it and fix a date to hear the appeal.
(4) Any decision of the Supreme Court on an appeal whether a summary dismissal or a decision after a hearing shall be final.
(5) The Supreme Court may make rules of procedure to be observed in relation to appeals to it under this rule.
(5) The Election Disputes Committee forthwith after the end of a period of 14 days after its decision, or in the case of an appeal the Supreme Court forthwith after its decision, shall inform the Minister thereof who shall take all proper measures to effect it and shall inform the Council of Ministers of the decision.
REPORTS TO PUBLIC PROSECUTOR
NO PERSON REQUIRED TO REVEAL HIS VOTE
SAVINGS WHEN ELECTION DECLARED VOID
DISPOSAL OF REPORTS AND DOCUMENTS
(2) Documents relating to an election in respect of which an election petition or any legal proceedings have been commenced shall not be destroyed until the proceedings have ended.
(3) The Supreme Court when hearing an election petition or any court trying a person for any corrupt practice may make an order that any document retained by the Electoral Office shall be inspected, copied or produced at such time and place subject to such conditions as it thinks fit.
(4) No order shall be made under subrule (3) unless the Court is satisfied that inspection, copying, or production is essential for the hearing of a charge of a corrupt practice or the hearing of an election petition.
(5) Except as provided by subrule (3) no person may inspect or copy any document retained by the Electoral Office under these rules.
SCHEDULE 1
PART 1
DECLARATION OF CANDIDATURE
To the electoral officer for .................................................................................... district
I, ......................................................... (name) of ........................................................
being a citizen of Vanuatu and aged 21 or more
HEREBY DECLARE
government council as representative for ....................................................... ward;
3. that I am not disqualified from voting;
6. that my occupation/profession is ..............................................................................
DATE ............................ SIGNATURE OF CANDIDATE ...............................
________________________________________________________________________
NOTES
2. Please attach to this form -
(a) Two passport sized photographs of yourself (not colour photos);
(b) An illustration on paper of your personal electoral symbol unless you are sponsored by a political party with an approved symbol.
_____________________________
SPONSORS OF CANDIDATE
1. NAME ........................................... ADDRESS .......................................
OCCUPATION ........................................ ELECTORAL CARD NO. ..............
SIGNATURE ...................................
________________________________________________________________________
2.
________________________________________________________________________
3.
________________________________________________________________________
4.
________________________________________________________________________
5.
________________________________________________________________________
NOTE
Sponsors must be registered as electors in the municipality of the candidate and must not be related to him.
__________________________________-
SPONSORS OF CANDIDATE
1. NAME ........................................... ADDRESS .......................................
OCCUPATION ........................................ ELECTORAL CARD NO. ..............
SIGNATURE ...................................
________________________________________________________________________
2.
________________________________________________________________________
3.
________________________________________________________________________
4.
________________________________________________________________________
5.
________________________________________________________________________
NOTE
Sponsors must be registered as electors in the municipality of the candidate and must not be related to him.
_____________________________
SCHEDULE 1
PART 2
Local Government Council Elections Rules
RECEIPT
Received from Mr/Mrs/Miss ..................................................this ......................... day of ................................... 19 ............... a declaration of candidature for the election of members of the local government council of ........................................ to be held on the ......................... day of ................................... 19 .............
Signed: .............................................................
Electoral Officers for ................................ District
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SCHEDULE 2
Local Government Council Elections Rules
PART 1
RULES FOR VOTING BY PROXY
ARRANGEMENT OF RULES
1. Application to vote by proxy
3. Revocation of proxies and further applications
4. Elector who has obtained issue of proxy may vote in person
6. Limitations on voting by proxy
7. Manner of voting by proxy and casting of own vote
PART 2
FORM A-Application to vote by proxy
FORM B-Proxy form
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SCHEDULE 2
APPLICATION TO VOTE BY PROXY
APPLICATION TO VOTE BY PROXY
he is unable to vote at the polling station where he is registered to vote.
(2) A person referred to in subrule (1) shall apply to the electoral officer for the constituency in which he is entitled to vote by the completion and submission thereof of FORM A in part 2 of these Rules accompanied by his electoral card.
(3) A person who is prevented from voting by reason of his occupation shall accompany his application with a certificate signed by his head of department, superior officer, manager or other person to whom he is responsible certifying as to his inability to vote in person and the reason therefor.
(4) A person who is prevented from voting in person by reason of health shall accompany his application with a certificate by a recognised medical practitioner, nurse, dresser or on the unavailability of any such persons a person of standing certifying as to his inability to vote in person and the reason therefor.
(5) A person who professes to be prevented from voting in person by reason of religious obligations shall accompany his application by a certificate of a minister of his religion that confirms that he cannot vote for reasons of religion.
(6) Every application under subrule (2) hereof shall reach the electoral officer not less than 72 hours before polling.
DECISIONS OF ELECTORAL OFFICER AND NOTIFICATION THEREOF
(a) an applicant is entitled to vote by proxy; and
(b) the person named as proxy is registered on the same poll as the applicant,
he shall so inform the applicant using the detachable part of the application form and deliver by post or other means the completed proxy form in FORM B in part 2 of this Schedule and the applicant's electoral card to the proxy named by the applicant.
(2) For the purposes of subparagraph (1) the electoral officer shall be deemed to have delivered a proxy form and electoral card if he makes known to a proxy that the cards are available for collection at the polling station on polling day.
(3) If an electoral officer who receives an application under paragraph 1(2) is not satisfied that the applicant is entitled to vote by proxy he shall so inform the applicant.
(4) If an electoral officer although being satisfied that an applicant under paragraph 1(2) is entitled to vote by proxy but that the person nominated as proxy is not eligible to be a proxy for the applicant he shall so inform the applicant and invite him to nominate another person provided that in his opinion the applicant will be able to make such nomination not less than 72 hours before polling.
REVOCATION OF PROXIES AND FURTHER APPLICATIONS
3. (1) A voter may revoke a proxy by notice in writing to a registration officer.
(2) A voter who has revoked a proxy may apply for the issue of another.
ELECTOR WHO HAS OBTAINED ISSUE OF PROXY MAY VOTE IN PERSON
PROXY NULLIFIED ON DEATH OR CESSATION OF ELIGIBILITY OF VOTER OR HIS PROXY
(2) The electoral officer shall recover the proxy form.
LIMITATIONS ON VOTING BY PROXY
6. (1) No voter may cast a proxy vote for more than two voters.
(2) If more than two proxies are made out in the name of the same voter the two earliest in time shall be valid.
(3) If more than two proxies issued to a voter bear the same date the voter shall be required by the returning officer at his polling station to choose those two under which he will cast votes and surrender any others.
(4) The electoral officer will cause any voter whose proxy is invalid to be so informed without undue delay.
MANNER OF VOTING BY PROXY AND CASTING OF OWN VOTE
(2) If a proxy voter wishes to cast his own vote he must do it at the same time as he votes as proxy.
(3) When a person votes as proxy he must produce his own electoral card; the proxy form authorising him to vote as proxy; and the electoral card of the person for whom he is voting.
SCHEDULE 2
PART 2
FORM A
Local Government Council Elections Rules
APPLICATION TO VOTE BY PROXY
To the electoral officer for the ward of ...............................................................................
1. I, ....................................................... of ..................................................................
being registered to vote at ........................................................................................ polling station
hereby apply for the issue of a proxy to ....................................................................... of .......................................................
who is entitled to vote at the same polling station.
*(a) my occupation
(b) health
(c) my religion ....................................................................................................
..........................................................................................
..........................................................................................
*delete whichever is not applicable and give particulars and details stating how your attendance is prevented).
*(a) head of department;
(b) superior officer;
(c) manager, etc.;
(d) medical officer;
(e) dresser or nurse;
(f) minister of religion, sister;
(g) other responsible person.
*(delete whichever is not applicable).
DATED this ......................... day of ................................... 19...............
............................................................
SIGNATURE OF APPLICANT
NOTE: THIS APPLICATION MUST BE ACCOMPANIED BY THE APPLICANT'S ELECTORAL CARD.
_______________________________
Local Government Council Elections Rules
NOTIFICATION TO APPLICANT TO VOTE BY PROXY
(to be detached from application form and delivered to proxy)
To: ......................................................................................................................................
*1. Your application to vote by proxy has been rejected because
.....................................................................................................................................................................................................................................................................................................................................................................................................
*2. Your application to vote by proxy has been accepted but the person is not named on the roll for ................................... and you are requested to nominate another person who is on that roll.
*3. Your application to vote by proxy has been approved and the proxy form and your electoral card have been delivered to, or made available for collection by ........................................
DATE: ............................................ SIGNED: ..........................................
Electoral Officer
*Delete whichever is not applicable
______________________________
SCHEDULE 2
FORM B
Local Government Council Elections Rules
VANUATU GOVERNMENT
PROXY FORM
Registration area no. ...........................................................................................................
Name ..................................................................................................................................
Polling station letter ............................................................................................................
Polling station name ............................................................................................................
VALID ONLY FOR THE ......................................................... election ...........................
Official stamp and date of voting
________________________________________________________________________
PROXY FORM
Name ..................................................................................................................................
First name ...........................................................................................................................
Sex ......................................................................................................................................
Date of birth or age .............................................................................................................
Address ..............................................................................................................................
*Registered as a voter at .....................................................................................................
Electoral card no. ................................................................................................................
IS HEREBY AUTHORISED TO VOTE AS PROXY ON BEHALF OF -
Name ..................................................................................................................................
First name ...........................................................................................................................
Sex .....................................................................................................................................
Date of birth .......................................................................................................................
Address ..............................................................................................................................
*Registered as a voter at .....................................................................................................
Electoral card no. ................................................................................................................
Given at .......................................................................... Date .....................................
By ........................................................... Signature of .................................................
Electoral officer for .............................................................................................................
*The proxy must be qualified as a voter and registered on the same electoral register.
________________________________________________________________________
SCHEDULE 3
Local Government Council Elections Rules
ELECTION OF CANDIDATES RULES
ARRANGEMENT OF RULES
2. Polling clerks
3. Authorised representatives of candidates
19. Declaration of votes and report on voting
20. Notification of votes cast for each candidate to Minister
24. Example of proportional representation
25. Declaration by Minister of eldest candidates elected
ANNEX
Example of a system of proportional representation.
-----------------------------------------------
Election of Candidates Rules
ONE POLLING STATION IN EACH POLLING DISTRICT
(2) The Electoral Office shall be responsible for its installation.
POLLING CLERKS
(2) The oldest polling clerk shall act as returning officer during the absence or incapability of the returning officer.
AUTHORISED REPRESENTATIVES OF CANDIDATES
(2) Subject to subrule (3) the Electoral Office shall issue each authorised representative nominated under subrule (1) with a letter of authority and an identification badge or identification card.
(3) No candidate shall have more than one authorised representative at one polling station but one representative may be authorised for more than one candidate and more than one polling station.
(4) A returning officer shall not permit to remain in a polling station any person who claims to be an authorised representative of a candidate but who cannot produce a letter of authority.
(5) A list of all authorised representatives of candidates shall be displayed at all polling stations.
EQUIPMENT AT POLLING STATIONS
(2) Each ballot box shall have 2 padlocks with dissimilar keys and shall be so constructed that when locked ballot papers can be put therein but cannot be withdrawn.
(3) The Electoral Office shall also provide each electoral officer with -
(a) lists of authorised representatives provided for in rule 3(5) for each polling station;
(b) 2 copies of the electoral roll for each polling station in which the station is established;
(c) sufficient copies of the electoral laws;
(d) enough polling booths to enable voters to vote in secrecy;
(e) sufficient tally sheets for recording the votes cast for each candidate; and
(f) sufficient numbers of any notices required by law to be displayed in polling stations.
NOTICES FOR GUIDANCE OF VOTERS
OPENING OF POLLING STATION
RESOLUTION OF DIFFICULTIES AND STATEMENT OF OBJECTIONS AND DECISIONS
(2) A written statement of all authorised representatives' objections and decisions thereon together with any relevant document initialled by the returning officer and a polling clerk shall be included in the report made by the returning officer under rule 19(2).
REGULATION OF ADMISSION TO POLLING STATION
(a) the polling clerks;
(b) officials of the Electoral Office;
(c) candidates and their authorised representatives nominated in accordance with rule 3;
(d) police officers on duty;
(e) companions of disabled voters;
(f) press representatives and other persons authorised by the Electoral Office.
(2) All persons authorised to be in a polling station shall wear an identification badge or carry an identification badge or carry an identification card.
KEEPING OF ORDER IN POLLING STATION
(2) If a person misconducts himself at a polling station or fails to obey the lawful orders of the returning officer he may by order of the returning officer be removed.
(3) A person removed in accordance with subrule (2) shall not without the permission of the returning officer re-enter the polling station.
(4) The power conferred by this rule shall not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having the opportunity of voting at that polling station.
VOTING
(b) has not already voted; and
(c) place his signature or initials opposite the name of the voter in the margin of one of the electoral rolls; and
(d) deliver to the voter 1 ballot paper for each candidate and 1 envelope.
(2) Immediately on receipt of the ballot papers and envelope a voter shall -
(a) enter a polling booth;
(b) record his vote by placing the ballot paper bearing the name and symbol of his chosen candidate in the envelope;
(c) leave all other ballot papers in the booth;
(d) present himself to the presiding officer or polling clerk who without touching it shall verify that the voter tenders 1 envelope;
(e) place the envelope in the ballot box; and
(f) leave the polling station without undue delay after the completion of the formalities referred to in rule 11.
POLLING CLERK'S DUTIES IN RESPECT OF PERSON WHO HAS VOTED
11. After each voter has voted a polling clerk shall -
(a) in those polling districts where it is required, place an indelible mark on the thumb nail of the voter which shall so far as possible be indelible for the period of the poll;
(b) stamp and endorse on the electoral card of the voter the date of election;
(c) place his signature or initials opposite the name of the elector in the margin of the second electoral roll; and
(d) return the card to the elector.
REPLACEMENT OF SPOILT BALLOT PAPERS
REPORT ON PERSONS SUSPECTED OF PERSONATION
ASSISTANCE TO DISABLED VOTERS
(2) The granting of permission under this rule shall be recorded in the report made by the returning officer under rule 19(2).
MEMBERS OF PUBLIC TO BE ADMITTED TO OBSERVE COUNT
COUNTING OF VOTES
(a) opening the ballot box or boxes;
(b) the returning officer removing all envelopes from each box;
(c) the returning officer taking the ballot papers from the envelopes;
(d) the returning officer reading out the name on each ballot paper;
(e) the polling clerks recording the number of votes cast for each candidate on 2 tally sheets provided for that purpose.
(2) If the number of envelopes is found to be more or less than the marginal signatures or initials made in the roll in accordance with rule 1 l(c), the discrepancy shall be stated in the report provided for in rule 19(2).
VOID BALLOT PAPERS
(a) by any writing or mark thereon identifies the voter;
(b) is not in an envelope or is in a non-official envelope; or
(c) is in an envelope containing more than 1 ballot paper;
shall be void and not counted.
RECOUNTS
DECLARATION OF VOTES AND REPORT ON VOTING
(d) the number of valid votes cast for each candidate;
(e) such other matters as these rules provide shall be included; and
(f) such other matters as the Principal Electoral Officer shall direct may be included.
(3) The report shall be made in duplicate in French, English or Bislama.
(4) It shall be signed by the returning officer and the polling clerks. It shall be countersigned by such of the candidates as may be present at the count.
(5) After it has been signed the report shall be placed in a sealed envelope.
(6) The returning officer shall also seal in separate packets the counted and void ballot papers and endorse on each packet -
(a) a description of its contents;
(b) the date of polling; and
(c) the name and number of the polling station.
(7) The packets referred to in subrule (6) shall, immediately they have been sealed and endorsed, be signed on the outside by the persons referred to in subrule (4).
(8) The report and the sealed packets referred to in subrule (6) shall be delivered to the electoral officer responsible for the ward in which the poll was taken by the returning officer or by a person instructed by him.
NOTIFICATION OF VOTES CAST FOR EACH CANDIDATE TO MINISTER
DECLARATION BY MINISTER OF CANDIDATES ELECTED
(a) the number of votes cast for each candidate; and
(b) the name of each candidate elected in accordance with rules 22, 23 and 24.
DETERMINATION OF SUCCESSFUL CANDIDATES
METHOD OF CALCULATION
23. The following calculations shall be carried out separately for each ward -
(a) the total number of votes cast shall be divided by the number of seats contested. The result, calculated to 2 decimal places, will indicate the number of votes required to secure 1 seat and shall be known as the 'electoral quotient';
(b) the total number of votes cast for each party (and for this purpose a party shall mean one or more candidates using the same electoral symbol) shall be divided by the electoral quotient;
(c) the result of the division at paragraph (b) shall be expressed as a whole number (which will be zero if the total number of votes cast for the party is less than the electoral quotient) and a remainder;
(d) the whole number obtained at paragraph (c) shall indicate the number of seats won outright by the party concerned and these shall be awarded successively to the candidate with the highest number of votes;
(e) any remaining seat not allocated as a result of the operation at paragraph (d) shall be awarded to the party which, after the operation at paragraph (c) had the largest remainder.
EXAMPLE OF PROPORTIONAL REPRESENTATION
DECLARATION BY MINISTER OF OLDEST CANDIDATE ELECTED
______________________________
[Subsidiary]
Election of Candidates Rules
ANNEX
PROPORTIONAL REPRESENTATION
Example of how the rules would operate
| 1 2 3 4 | 400 210 120 42 | 240 91 72 10 | 119 | 102 | |
| Totals | 772 | 413 | 119 | 102 | 1406 |
Total No. of votes cast 1406
Number of seats 4
Electoral quotient 1406 - 4 = 351.50
Divide total party votes by the electoral quotient -
Alternatively
Party A 772 = 2.20 2 remainder 69
351.50
Party B 413 = 1.17 1 remainder 61
351.50
Party C 119 = 0.34 0 remainder 119
Party D 102 = 0.29 0 remainder 102
351.50
Party A wins 2 seats clear
Party B wins 1 seat clear
Remaining seat goes to Party C with a remainder of .34 (or 119 votes) although No. 3 candidate of Party A has 1 more vote than the one candidate of Party C.
Further example (with a tied vote)
| Candidate Number | NO. OF VOTES OBTAINED | Total Votes Cast | |||
| Party A | Party B | Party C | Party D | ||
| 1 2 3 4 | 400 210 120 42 | 240 163 | 119 | 119 | |
| Totals | 772 | 413 | 119 | 119 | 1413 |
Electoral quotient 1413 -. 4 = 353.00
Party A 772 = 2.19 2 remainder 66
353
Party B 403 = 1.14 1 remainder 50
353
Party C 119 = 0.34 0 remainder 119
353
Party D 119 = 0.34 0 remainder 119
353
Party A wins 2 seats
Party B wins 1 seat
Remaining seat must go to the elder of the candidates of C or D.
----------------------------------------------------
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URL: http://www.paclii.org/vu/legis/consol_act1988/da174