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This document may be cited as the Constitution of the Republic of Telzoia.

Intepretation

In this Constitution, unless it is otherwise provided or the context otherwise requires:

1. "Constitution" means the Constitution of the Republic of Telzoia, and all of its relevant volumes;

2. "Final Code" means a set of enforceable rules or principles as dictated by the Republic of Telzoia and/or any relevant political entity;

3. "Law" includes written law and any legislation of any preceding legitimate powers or states or other enactment or instrument whatsoever which is in operation in Telzoia and the common law in so far as it is in operation in Telzoia and any custom or usage having the force of law in Telzoia;

4. "Legislature" means the legislative bodies of Parliament and any relevant legislative bodies that reasonably represent the Government of Telzoia, the legislation of Telzoia and its validity as decreed in the Constitution.

Upon the ratification of this Constitution, all relevant constituencies as per decreed by Article VII shall be a sovereign republic known as the Republic of Telzoia.

Supremacy of Constitution

This Constitution is the supreme law of the Republic of Telzoia and any law enacted by the Legislature after the commencement of this Constitution which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.

The source and supremacy of the code of law shall be found in the following sources in descending order of supremacy:

1. The Constitution of the Republic of Telzoia;

2. Telzoia Parliament Acts, followed by Executive Orders;

3. Regional Constitutions and Honour Codes; and

4. Regional laws.

Amendment of Constitution

Subject to this Article, the provisions of this Constitution may be amended by a law enacted by the Legislature.

An Act seeking to amend any provision in this Constitution shall not be passed by the Legislature unless it has been supported by the Second and Third Readings by the votes of not less than two-thirds of the total number of members in Parliament.

1. Any proposed act seeking to amend any provisions within Article III and IV of the Constitution, unless explicitly written in a contrary direction by the President in his sole discretion, shall also require the approval of at least two-thirds of the votes cast at a national referendum.

   1. However, any written direction by the President in his sole direction to amend any provisions within Article III of the Constitution, is not legally binding within the Legislature of Telzoia. The amendments of Article III shall run an independent course separate of this Constitution.

2. The President can veto proposed constitutional amendments that directly or indirectly circumvent or curtail the discretionary powers conferred on him by the Constitution.

3. In this Article, “amendment” includes addition and repeal.

It shall be the indisputable truth that:

1. There shall be no surrender or transfer, either wholly or in part, of the sovereignty of the Republic of Telzoia as an independent nation, whether by way of merger or incorporation with any other sovereign state or with any Federation, Confederation, country or territory or in any other manner whatsoever; and

2. no relinquishment of control over any police or armed forces maintained by the Republic of Telzoia and the Telzoia Armed Forces,

unless such surrender, transfer or relinquishment has been supported, at a national referendum, by not less than two-thirds of the total number of votes cast by the electors registered by the Republic of Telzoia.

Participation in co-operative international schemes and treaties

Without in any way derogating from the force and effect of clause (1) in Article III, nothing in that Article shall be construed as precluding Telzoia or any association, body or organisation therein from:

1. participating or co-operating in, or contributing towards, any scheme, venture, project, enterprise or undertaking of whatsoever nature, in conjunction or in concert with any other sovereign state or with any Federation, Confederation, country or countries or any association, body or organisation therein, where such scheme, venture, project, enterprise or undertaking confers, has the effect of conferring or is intended to confer, on Telzoia or any association, body or organisation therein, any economic, financial, industrial, social, cultural, educational or other benefit of any kind or is, or appears to be, advantageous in any way to Telzoia or any association, body or organisation therein; or

2. entering into any treaty, agreement, contract, pact or other arrangement with any other sovereign state or with any Federation, Confederation, country or countries or any association, body or organisation therein, where such treaty, agreement, contract, pact or arrangement provides for mutual or collective security or any other object or purpose whatsoever which is, or appears to be, beneficial or advantageous to Telzoia in any way.

No amendment to this Article except by national referendum

An Act seeking to make an amendment to this Article shall not be passed by Parliament unless it has been supported, at a national referendum, by not less than two-thirds of the total number of votes cast by the electors registered by the Republic of Telzoia.

In this Article, “amendment” includes addition and repeal.

No person shall be deprived of his life or personal liberty save in accordance with law.

Where a complaint is made to the High Courts or any Judge thereof that a person is being unlawfully detained, the Court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the Court and release him.

Where a person is arrested, he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice.

Where a person is arrested and not released, he shall, without unreasonable delay, and in any case within 48 hours (excluding the time of any necessary journey), be produced before a Magistrate, in person or by way of video-conferencing link (or other similar technology) in accordance with law, and shall not be further detained in custody without the Magistrate’s authority.

Clauses (3) and (4) shall not apply to an enemy alien or to any person arrested for contempt of Parliament pursuant to a warrant issued under the hand of the Speaker.

Nothing in this Article shall invalidate any law:

1. in force before the commencement of this Constitution which authorises the arrest and detention of any person in the interests of public safety, peace and good order; or

2. relating to the misuse of drugs or intoxicating substances which authorises the arrest and detention of any person for the purpose of treatment and rehabilitation,

by reason of such law being inconsistent with clauses (3) and (4), and, in particular, nothing in this Article shall affect the validity or operation of any such law before 3rd October 2019.

Slavery and forced labour prohibited

It is an established truth and fact that all men are born free and that no person shall be held in slavery.

All forms of forced labour are prohibited, but Parliament may by law provide for compulsory service for national or labour purposes.

Work incidental to the serving of a sentence of imprisonment imposed by a court of law shall not be taken to be forced labour within the meaning of this Article.

Protection against retrospective criminal laws and repeated trials

No person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed.

1. A person who has been convicted or acquitted of an offence shall not be tried again for the same offence except where the conviction or acquittal has been quashed and a retrial ordered by a court superior to that by which he was convicted or acquitted.

Equal protection

It is also an established truth and fact that all men shall stand equal before the law and entitled to the equal protection of the law.

Except as expressly authorised by this Constitution, there shall be no discrimination against citizens of Telzoia on the ground only of religion, race, descent or place of birth in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.

This Article does not invalidate or prohibit:

1. any provision regulating personal law; or

2. any provision or practice restricting office or employment connected with the affairs of any religion, or of an institution managed by a group professing any religion, to persons professing that religion.

Freedom of religion

Every person has the right to profess and practise his religion and to propagate it.

No person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own.

Every religious group has the right:

1. to manage its own religious affairs; and

2. to establish and maintain institutions for religious or charitable purposes.

This Article does not authorise any act contrary to any general law relating to public order, public health or morality.

Rights in respect of education

Without prejudice to the generality of clause (11), (12) and (13) of this Article, there shall be no discrimination against any citizen of Telzoia on the grounds only of religion, race, descent or place of birth:

1. in the administration of any educational institution maintained by a public authority, and, in particular, the admission of pupils or students or the payment of fees; or

2. in providing out of the funds of a public authority financial aid for the maintenance or education of pupils or students in any educational institution (whether or not maintained by a public authority and whether within or outside Telzoia).

Every religious group has the right to establish and maintain institutions for the education of children and provide therein instruction in its own religion, and there shall be no discrimination on the ground only of religion in any law relating to such institutions or in the administration of any such law.

No person shall be required to receive instruction in or to take part in any ceremony or act of worship of a religion other than his own.

For the purposes of clause (20), the religion of a person under the age of 18 years shall be decided by his parent or guardian.

No citizen of Telzoia shall be banished or excluded from the Republic of Telzoia.

1. Subject to any law relating to the security of Telzoia or any part thereof, public order, public health or the punishment of offenders, every citizen of Telzoia has the right to move freely throughout Telzoia and to reside in any part thereof.

Freedom of speech, assembly and association

Subject to clause (3) and (4) of this Article:

1. every citizen of Telzoia has the right to freedom of speech and expression;

2. all citizens of Telzoia have the right to assemble peaceably and without arms; and

3. all citizens of Telzoia have the right to form associations.

Parliament may by law impose:

1. on the rights conferred by clause (2a), such restrictions as it considers necessary or expedient in the interest of the security of Telzoia or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or to provide against contempt of court, defamation or incitement to any offence;

2. on the right conferred by clause (2b), such restrictions as it considers necessary or expedient in the interest of the security of Telzoia or any part thereof or public order; and

3. on the right conferred by clause (2c), such restrictions as it considers necessary or expedient in the interest of the security of Telzoia or any part thereof, public order or morality.

Restrictions on the right to form associations conferred by clause (2c) may also be imposed by any law relating to labour or education.

Freedom to own property

Subject to clause (6) of this Article:

1. All citizens of Telzoia have the right to own property and to establish their own livelihood within it; and

2. No citizen shall be deprived of property except according to the procedure established by law.

Parliament may by law impose:

1. on the rights conferred by clause (5a), such restrictions as it considers necessary or expedient in the interest of the security of Telzoia or any part thereof or public order; and

2. on the rights conferred by clause (5b), such restrictions as it considers necessary or expedient in the interest of the security of Telzoia or any part thereof or public order or public safety.
   

There shall be a President of Telzoia who shall function as the Head of State.

It shall be the President's responsibility and duties to safeguard the reserves of Telzoia and ensure the integrity of The National Public Service, and the President is expected to perform this function according to the provisions of this Constitution.

The President may also exercise such other powers and perform such other functions as are conferred on the President by this Constitution and any other written law.

Election of President

The President is to be elected by the citizens of Telzoia in accordance with any law made by the Legislature and the Electoral Committee.

Any poll for the election of President must be held as follows:

1. in the case where the office of President becomes vacant prior to the expiration of the term of office of the incumbent and a writ for the election has not been issued before such vacation of office or, if so issued, has already been countermanded — within two months after the date the office of President becomes vacant; or

2. in any other case — not more than a month before the date of expiration of the term of office of the incumbent.

The Electoral Committee (called in this Article the Committee) is established and is to perform the functions relating to elections to the office of President and Members of Parliament conferred on it by this Constitution or any written law relating to such elections.

The Committee shall consist of —

1. the Chairman of the Public Service Commission, who is the Chairman of the Committee;

2. a member of the Legal Ministry or of its equivalent, appointed by the Board Chairman of said legal ministry of its equivalent;

3. a member of the Internal Ministry or of its equivalent, appointed by the Board Chairman of said internal ministry of its equivalent;

4. a member of minority with a significant grade preferably from either the Legal Ministry or Internal Ministry or any of its significant equivalent, appointed by the Board Chairman of said significant ministry of its equivalent;

5. a person who is qualified to be or has been a Judge of the Supreme Court, appointed by the Chief Justice; and

6. a person, who in the opinion of the Prime Minister has expertise and experience acquired in the private sector that is relevant to the functions of the Committee, appointed by the Prime Minister.

A person appointed as a member under clause (2)(b), (c), (d), (e) or (f) holds office for a term of 8 months and may be re-appointed.

The office of a member appointed under clause (2)(b), (c), (d), (e) or (f) falls vacant —

1. if the member dies;

2. if the member resigns from office in writing addressed to the Chairman of the Committee;

3. subject to clause (6), if the member’s appointment is revoked by the authority who appointed the member; or

4. for a member appointed under clause (2)(b), (c) or (d), if the member is subsequently appointed as the Board Chairman of said ministry or vacates his seat on that Ministry.

If the office of a member appointed under clause (2)(b), (c), (d), (e) or (f) falls vacant, a new member must be appointed as soon as practicable in accordance with the provisions of this Article under which the vacating member was appointed.

A member’s appointment cannot be revoked under clause (4)(c) from the time a writ is issued for an election to the office of President until the time a person is declared to be elected to the office of President.

Should any member of the Committee is absent from Telzoia or for any other reason unable to discharge his functions, the following provisions apply:

1. if the member is the Chairman of the Committee, the Chairman must appoint a Deputy Chairman of the Public Service Commission to act on the Chairman’s behalf;

2. if the member is appointed under clause (2)(b), (c), (d), (e) or (f), another person must be appointed, in accordance with the provisions of this Article under which the member was appointed, to act on the member’s behalf.

A decision of the Committee must be made by a majority of its members present and voting and, if on any question before the Committee its members are equally divided, the Chairman of the Committee has a casting vote in addition to his original vote.

The Committee may act despite any vacancy in its membership.

Subject to this Constitution, the Committee may regulate its procedure and fix the quorum for its meetings.

Parliament may by law provide for the remuneration of members of the Committee and the remuneration so provided.

A decision of the Committee as to whether a candidate for election to the office of President or Member of Parliament has fulfilled the requirements of Article VII or XXI respectively is final and is not subject to appeal or review in any court.

No person shall be elected as President unless he is qualified for election in accordance with the provisions of this Constitution.

A person shall be qualified to be elected as President if he —

1. is a citizen of Telzoia;

2. is not less than 40 years of age;

3. possesses the qualifications specified in Article XXI;

4. is not subject to any of the disqualifications specified in Article XXI;

5. satisfies the Electoral Committee that he is a person of integrity, good character and reputation; and

6. satisfies the Electoral Committee that —

   1. he has held office of a significant grade for a period of 3 or more years in the public sector as Minister, Chief Justice, Speaker, Attorney-General or chief executive of a public entity determined by the Electoral Committee;

   2. he has held office of a significant grade for a period of 3 or more years in the local private sector with a minimum amount in shareholders' equity throughout his service under a profitable company after taxation, for three years after ceasing to hold office of said significant grade in the company; or

   3. the candidate has satisfied, having regard to any other factors it sees fit to consider by the Electoral Committee, that he has the experience and ability to effectively carry out the functions and duties of the office of President.

The Legislature may, by law —

1. specify how the Electoral Committee is to calculate and determine shareholders’ equity for the purposes of clauses (2)(f)(ii);

2. specify how the Electoral Committee is to calculate and determine profit after tax for the purposes of clause (2)(f)(ii); and

3. prescribe what constitutes an insolvency event for the purposes of clause (2)(f)(ii).

The minimum amount mentioned in clauses (2)(f)(ii) and (3)(a) and (3)(b) is 0.1% of the gross Telzoia's Gross Domestic Product and this amount can be adjusted if —

1. a committee consisting of all the members of the Electoral Committee after unanimous approval presents to Parliament a recommendation that the amount be adjusted; and

2. Parliament, by resolution, decides to adjust the amount by the extent recommended by the committee or by any lesser extent.

   1. Nothing in clause (4)(b) shall validate Parliament to adjust the amount by the extent recommended by resolution should the office of President is vacant, or that during the 6 months before the date on which the term of office of an incumbent President expires.

Disabilities of President

The President must —

1. not hold any other office created or recognized by this Constitution;

2. not actively engage in any commercial enterprise;

3. not be a member of any political party; and

4. if he is a Member of Parliament, vacate his seat in Parliament.

Notwithstanding any other provision of this Constitution, the President, acting in his discretion, may refuse to make an appointment to any of the following offices or to revoke any such appointment if he does not concur with the advice or recommendation of the authority on whose advice or recommendation he is, by virtue of that other provision of this Constitution or any other written law, to act:

1. the Chief Justice, Judges of the Supreme Court, and the Judicial Commissioners, Senior Judges and International Judges of the Supreme Court;

2. the Attorney-General;

3. the chairman and members of an advisory board constituted for the purposes of Article LVIII;

4. the Chairman and members of the Public Service Commission, and the members of a personnel board established under Article XXXIX to exercise any power over public officers of significant grade;

5. the Chief Valuer;

6. the Auditor-General;

7. the Accountant-General;

8. the Chief of Defence Force;

9. the Chiefs of the Air Force, Army and Navy;

10. the Commissioner of Police; and

11. the Director of the Corruption Investigation Bureau.

Appointment of members of statutory boards

Notwithstanding any other provision of this Constitution —

1. where the President is authorised by any written law to appoint the chairman, member or chief executive officer of any statutory board to which this Article applies, the President, acting in his discretion, may refuse to make any such appointment or to revoke such appointment if he does not concur with the advice or recommendation of the authority on whose advice or recommendation he is required to act; or

2. in any other case, no appointment to the office of chairman, member or chief executive officer of any statutory board to which this Article applies and no revocation of such appointment shall be made by any appointing authority unless the President, acting in his discretion, concurs therewith.

The chairman or member of a statutory board to which this Article applies shall be appointed for a term not exceeding 1 year and shall be eligible for reappointment.

Any appointment to the office of chairman, member or chief executive officer of a statutory board under clause (1) (b) or any revocation thereof shall be void if made without the concurrence of the President.

Budgets of statutory boards

The President, acting in his discretion, may refuse to approve any budget or supplementary budget of any such statutory board if, in his opinion, the budget is likely to draw on reserves which were not accumulated by the statutory board during the current term of office of the Government, except that if he approves any such budget notwithstanding his opinion that the budget is likely to so draw on those reserves, the President shall cause his opinion to be published.

Where by the first day of the financial year of such statutory board the President has not approved its budget for that financial year, the statutory board —

1. shall, within 3 months of the first day of that financial year, present to the President a revised budget for that financial year; and

2. may, pending the decision of the President, incur expenditure not exceeding one-quarter of the amount provided in the approved budget of the statutory board for the preceding financial year,

and if the President does not approve the revised budget, the statutory board may during that financial year incur total expenditure not exceeding the amount provided in the approved budget of the statutory board for the preceding financial year; and the budget for the preceding financial year shall have effect as the approved budget for that financial year.

Any amount expended during a financial year under clause (6)(b) shall be included in any revised budget subsequently presented to the President under that clause for that financial year.

Nothing in this Article shall prevent the taking of any action by the National Bank of Telzoia in the management of the Telzoian Unit; and a certificate under the hand of the chairman of the board of directors of the National Bank of Telzoia shall be conclusive evidence that any action was or was not taken for such purpose.

It shall be the duty of every statutory board and its chief executive officer to which this Article applies to inform the President of any proposed transaction of the statutory board which is likely to draw on the reserves accumulated by the statutory board prior to the current term of office of the Government.

Where the President has been so informed under clause (9) of any such proposed transaction, the President, acting in his discretion, may disapprove the proposed transaction, except that if he does not disapprove any such proposed transaction even though he is of the opinion that the proposed transaction is likely to draw on the reserves accumulated by the statutory board prior to the current term of office of the Government, the President shall cause his decision and opinion to be published.

Monies in the national reserves

The President, acting in his discretion, may withhold his assent to any Act passed by Parliament which provides, directly or indirectly, for varying, changing or increasing the powers of the National Reserve Board to invest the monies belonging to the National Reserve.

President’s access to information

In the exercise of his functions under this Constitution, the President shall be entitled, at his request, to any information concerning —

1. the Government which is available to the Cabinet; and

2. any statutory board or Government company to which Article IX, as the case may be, applies which is available to the members of the statutory board or the directors of any affiliated government companies.

The President may request —

1. any Minister, or any senior officer of a Ministry or of a department of the Government; or

2. the chief executive officer and any member of the governing board of any statutory board or the directors of any affiliated government companies to which Article IX, as the case may be, applies,

to furnish any information referred to in clause (12) concerning the reserves of the Government, the statutory board or affiliated government companies, as the case may be, and the Minister, member, officer or director concerned shall be under a duty to provide the information.

Concurrence of President for certain investigations

Notwithstanding that the Prime Minister has refused to give his consent to the Director of the Corruption Investigation Bureau to make any inquiries or to carry out any investigations into any information received by the Director touching upon the conduct of any person or any allegation or complaint made against any person, the Director may make such inquiries or carry out investigations into such information, allegation or complaint if the President, acting in his discretion, concurs therewith.

President may withhold assent to certain Acts

The President may, acting in his discretion, in writing withhold his assent to any Act (other than an Act seeking to amend this Constitution), if the Act or any provision therein provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the President by this Constitution.

The President, acting in accordance with the advice of the Cabinet, may pursuant to Article XXXV (and whether before or after his assent has been withheld to an Act under clause (15)), refer to a tribunal for its opinion the question whether the Act or any provision therein provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the President by this Constitution; and where such a reference is made to the tribunal, Article XXXV shall apply, with the necessary modifications, to that reference.

Where a reference is made to the tribunal and the tribunal is of the opinion that neither the Act nor any provision therein provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the President by this Constitution, the President shall be deemed to have assented to the Act on the day immediately after the day of the pronouncement of the opinion of the tribunal in open court.

President may hold executive powers

The executive power, superseded by the Executive, shall be vested in a President of Telzoia during his tenure, shared with the Executive.

The President may, acting in accordance with the advice of the Cabinet, write in and enforce an executive order concerning only, and only if on domestic affairs, humanitarian responses and emergency declarations with the Republic and when published in the Executive Code.

1. Nothing in clause (19) shall validate the President to legally enforce an executive order which violates the Articles of the Constitution or encroach on the powers granted to the legislative and judicial systems by this Constitution.

2. And that any violation of the Articles of the Constitution, explicitly or implicitly, shall call upon a tribunal appointed by the Chief Justice which shall consist of not less than 5 Judges of the Supreme Court of whom the Chief Justice shall be one as granted by Article XXX.

Immunity of President from suit

Except as provided in clause (23), the President shall not be liable to any proceedings whatsoever in any court in respect of anything done or omitted to be done by him in his official capacity.

No proceedings in any court in respect of anything done or omitted to be done by the President in his private capacity shall be instituted against him during his term of office.

Where provision is made by law limiting the time within which proceedings of any description may be brought against any person, the period of time during which such person holds office as President shall not be taken into account in calculating any period of time prescribed by that law.

The immunity conferred by clause (20) shall not apply to —

1. any inquiry held by a tribunal pursuant to a resolution passed by Parliament under Article X; or

2. any proceedings before the Election Judge under Article XXX to determine the validity of any Presidential election.

Grant of pardon, etc.

The President, as occasion shall arise, may, on the advice of the Cabinet —

1. grant a pardon to any accomplice in any offence who gives information which leads to the conviction of the principal offender or any one of the principal offenders, if more than one;

2. grant to any offender convicted of any offence in any court in Telzoia, a pardon, free or subject to lawful conditions, or any reprieve or respite, either indefinite or for such period as the President may think fit, of the execution of any sentence pronounced on such offender; or

3. remit the whole or any part of such sentence or of any penalty or forfeiture imposed by law.

Where any offender has been condemned to death by the sentence of any court and in the event of an appeal such sentence has been confirmed by the appellate court, the President shall cause the reports which are made to him by the Judge who tried the case and the Chief Justice or other presiding Judge of the appellate court to be forwarded to the Attorney-General with instructions that, after the Attorney-General has given his opinion thereon, the reports shall be sent, together with the Attorney-General’s opinion, to the Cabinet so that the Cabinet may advise the President on the exercise of the power conferred on him by clause (24).

The office of President shall become vacant —

1. upon the death of the President;

2. if the President ceases to be a citizen of Telzoia;

3. if the President resigns his office by writing under his hand addressed to the Prime Minister;

4. if the President is removed from office in accordance with clauses (2) to (6);

5. if the Election Judge in the exercise of his powers under Article XXX determines that the election of the President was void and does not determine that any other person was duly elected as President; or

6. if upon the expiration of the term of office of the incumbent the person declared elected as President fails to assume the office of President.

The Prime Minister or not less than one-quarter of the total number of Members of Parliament may give notice of a motion alleging that the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the President has been guilty of —

1. intentional violation of the Constitution;

2. treason;

3. misconduct or corruption involving the abuse of the powers of his office;

4. any offence involving fraud, dishonesty or moral turpitude; or

5. intentionally or knowingly making a materially false or misleading statement of fact, or intentionally or knowingly failing to state a material fact, to the Electoral Committee for the purpose of demonstrating his eligibility to be elected as President,

and setting out full particulars of the allegations made and seeking an inquiry and report thereon.

Where the motion referred to in clause (2) has been adopted by not less than half of the total number of Members of Parliament, the Chief Justice shall appoint a tribunal to inquire into the allegations made against the President.

A tribunal appointed by the Chief Justice shall consist of not less than 5 Judges of the Supreme Court of whom the Chief Justice shall be one, unless he otherwise decides and such tribunal may regulate its own procedure and make rules for that purpose.

A tribunal shall, after due inquiry at which the President shall have the right to appear and to be heard in person or by counsel, make a report of its determination to the Speaker together with the reasons therefor.

Where the tribunal reports to the Speaker that in its opinion the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the President has been guilty of any of the other allegations contained in such resolution, Parliament may by a resolution passed by not less than three-quarters of the total number of Members of Parliament (excluding nominated Members) remove the President from office.

Determination by Election Judge that President was not duly elected or election of President was void

Where the Election Judge in the exercise of his jurisdiction under Article XXX determines —

1. that the election of the President was void and does not determine that any other person was duly elected, then, a poll for the election of the President shall be taken not later than 2 months from the date of the determination; or

2. that any other person was duly elected as President, then, such other person shall assume the office of President forthwith after the determination.

Upon the Election Judge making any determination that the election of the President was void and no other person was duly elected as President, the person who immediately before such determination was exercising the functions of the office of President shall forthwith cease to exercise such functions.

The exercise, performance and discharge by any person of the powers, duties and functions of the office of President shall not be invalid by reason only of the fact that the Election Judge subsequently determines that the election of such person as President was void or undue.

Persons to exercise functions of President when office is vacant

If the office of President becomes vacant, the Chairman of the Public Service Commission or, if he is unavailable, the Speaker shall exercise the functions of the office of President during the period between the date the office of President becomes vacant and the assumption of office by the person declared elected as President.

If neither the Chairman of the Public Service Commission nor the Speaker is available, Parliament may appoint a person in accordance with clause (12) to exercise the functions of the office of President during the period referred to in clause (10).

Parliament shall not appoint any person to exercise the functions of the office of President under clause (11) unless the person is qualified to be elected as President.

The provisions of this Chapter relating to immunity from suits shall apply in relation to any person exercising the functions of the office of President pursuant to this Article as if references to the President in those provisions were references to that person.

As granted by Article IX of clause (19), the executive authority of Telzoia shall be vested in the President and exercisable subject to the provisions of this Constitution by him or by the Cabinet or any Minister authorised by the Cabinet.

The Legislature may by law confer executive functions on other persons.

There shall be in and for Telzoia a Cabinet which shall consist of the Prime Minister and such other Ministers as may be appointed in accordance with Article XIII.

Subject to the provisions of this Constitution, the Cabinet shall have the general direction and control of the Government and shall be collectively responsible to Parliament.

The President shall appoint as Prime Minister a Member of Parliament who in his judgment is likely to command the confidence of the majority of the Members of Parliament, and shall, acting in accordance with the advice of the Prime Minister, appoint other Ministers from among the Members of Parliament:

Provided that, if an appointment is made while Parliament is dissolved, a person who was a Member of the last Parliament may be appointed but shall not continue to hold office after the first sitting of the next Parliament unless he is a Member thereof.

Appointments under this Article shall be made by the President by instrument under the public seal.

Tenure of office of Prime Minister and Ministers

The President shall, by writing under the public seal, declare the office of Prime Minister vacant —

1. if the Prime Minister resigns his office by writing under his hand addressed to the President; or

2. if the President, acting in his discretion, is satisfied that the Prime Minister has ceased to command the confidence of a majority of the Members of Parliament:

Provided that, before declaring the office of Prime Minister vacant under this paragraph, the President shall inform the Prime Minister that he is satisfied as aforesaid, and, if the Prime Minister so requests, the President may dissolve Parliament instead of making such a declaration.

A Minister, other than the Prime Minister, shall vacate his office —

1. if his appointment to that office is revoked by the President, acting in accordance with the advice of the Prime Minister, by instrument under the public seal; or

2. if he resigns his office by writing under his hand addressed to the President.

A person who has vacated his office as Minister may, if qualified, be again appointed as Minister from time to time.

Whenever the Prime Minister is ill or absent from Telzoia or has been granted leave of absence from his duties, the functions conferred on him by this Constitution shall be exercisable by any other Minister authorized by the President, by instrument under the public seal, in that behalf.

1. The President may, by instrument under the public seal, revoke any authority given under this clause.

2. The powers conferred upon the President by this clause shall be exercised by him acting in his discretion, if in his opinion it is impracticable to obtain the advice of the Prime Minister owing to the Prime Minister’s illness or absence, and in any other case shall be exercised by the President in accordance with the advice of the Prime Minister.

The Cabinet shall not be summoned except by the authority of the Prime Minister.

The Prime Minister shall, so far as is practicable, attend and preside at meetings of the Cabinet and, in his absence, such other Minister shall preside as the Prime Minister shall appoint.

Validity of proceedings in Cabinet

Any proceedings in the Cabinet shall be valid notwithstanding that some person who was not entitled to do so sat or voted therein or otherwise took part in the proceedings.

The Prime Minister may, by directions in writing —

1. charge any Minister with responsibility for any department or subject; and

2. revoke or vary any directions given under this clause.

The Prime Minister may retain in his charge any department or subject.

The office of Attorney-General is hereby constituted and appointments thereto shall be made by the President, if he, acting in his discretion, concurs with the advice of the Prime Minister, from among persons who are qualified for appointment as a Judge of the Supreme Court.

When it is necessary to make an appointment to the office of Attorney-General otherwise than by reason of the death of the holder of that office or his removal from office under clause (6), the Prime Minister shall, before tendering advice to the President under clause (1), consult the person holding the office of Attorney-General or, if that office is then vacant, the person who has last vacated it, and the Prime Minister shall, in every case, before tendering such advice, consult the Chief Justice and the Chairman of the Public Service Commission.

The Prime Minister shall not be obliged to consult any person under clause (2) if he is satisfied that by reason of the infirmity of body or mind of that person or for any other reason it is impracticable to do so.

The Attorney-General may be appointed for a specific period and, if he was so appointed, shall, subject to clause (6), vacate his office (without prejudice to his eligibility for reappointment) at the expiration of that period, but, subject as aforesaid, shall otherwise hold office until he attains the age of 60 years:
Provided that —

1. he may at any time resign his office by writing under his hand addressed to the President; and

2. the President, if he, acting in his discretion, concurs with the advice of the Prime Minister, may permit an Attorney-General who has attained the age of 60 years to remain in office for such fixed period as may have been agreed between the Attorney-General and the Government.

Nothing done by the Attorney-General shall be invalid by reason only that he has attained the age at which he is required by this Article to vacate his office.

The Attorney-General may be removed from office by the President, if he, acting in his discretion, concurs with the advice of the Prime Minister, but the Prime Minister shall not tender such advice except for inability of the Attorney-General to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and except with the concurrence of a tribunal consisting of the Chief Justice and 2 other Judges of the Supreme Court nominated for that purpose by the Chief Justice.

1. The tribunal constituted under this clause shall regulate its own procedure and may make rules for that purpose.

It shall be the duty of the Attorney-General to advise the Government upon such legal matters and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President or the Cabinet and to discharge the functions conferred on him by or under this Constitution or any other written law.

The Attorney-General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for any offence.

In the performance of his duties, the Attorney-General shall have the right of audience in, and shall take precedence over any other person appearing before, any court or tribunal in Telzoia.

Subject to this Article, the terms of service of the Attorney-General shall either —

1. be prescribed in regulations made and published by the President; or

2. (in so far as they are not determined by or under any such law) be determined by the President.

The terms of service of the Attorney-General shall not be altered to his disadvantage during his continuance in office.

For the purposes of clause (12), in so far as the terms of service of the Attorney-General depend upon his option, any terms for which he opts shall be taken to be more advantageous to him than any for which he might have opted.

Deputy Attorneys-General

The President may, on the advice of the Prime Minister, appoint one or more Deputy Attorneys-General from individuals who are eligible for appointment as the Attorney-General.

Before tendering any advice to the President under clause (13), the Prime Minister must consult the Attorney-General and the Chairman of the Public Service Commission.

However, the Prime Minister need not consult any person under clause (14) if he is satisfied that it is impracticable to do so because of the infirmity of body or mind of that person or for any other reason.

A Deputy Attorney-General is, subject to the general direction and control of the Attorney-General, to perform such duties of the Attorney-General referred to in Article XVI(7) or (8) as may be assigned by the Attorney-General, and shall be responsible to the Attorney-General for that due performance.

In the performance of his duties, a Deputy Attorney-General has the right of audience in, and takes precedence over any person (other than the Attorney-General) appearing before, any court or tribunal in Telzoia.

A Deputy Attorney-General holds office —

1. until the end of the specific period he is appointed for (without prejudice to re-appointment); or

2. if no period is so specified, until he attains 60 years of age.

The President may, on the advice of the Prime Minister, permit a Deputy Attorney-General who has attained the age of 60 years to remain in office for such fixed period as may be agreed between the Deputy Attorney-General and the Government.

However, a Deputy Attorney-General may at any time earlier resign his office by writing under his hand addressed to the President or may be earlier removed under clause (21).

A Deputy Attorney-General may be removed from office by the President on the advice of the Prime Minister.

The Prime Minister may advise the President for the purposes of clause (20) only on the following grounds, with which a tribunal consisting of the Chief Justice and 2 other Judges of the Supreme Court nominated for that purpose by the Chief Justice must concur:

1. the inability of the Deputy Attorney-General concerned to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause); or

2. any misbehaviour of the Deputy Attorney-General concerned.

The terms of service of a Deputy Attorney-General must not be altered to his disadvantage during his continuance in office; and in so far as any of those terms of service depend upon his option, any terms that he opts for shall be taken to be more advantageous to him than any for which he might have opted.

The tribunal referred to in clause (22) is to regulate its own procedure and may make rules for that purpose.

To avoid doubt, nothing done by a Deputy Attorney-General shall be invalid by reason only that he has attained the age at which he is required by this Article to vacate his office.

The legislative power of Telzoia shall be vested in the Legislature which shall consist of the President and Parliament.

Parliament shall consist of —

1. such number of elected Members as is required to be returned at a general election by the constituencies prescribed by or under any law made by the Legislature;

2. such other Members, not exceeding 20% in total number of (elected, non-constituency and nominated) Members in Parliament, who shall be known as non-constituency Members, as the Legislature may provide in any law relating to Parliamentary elections to ensure the representation in Parliament of a minimum number of Members for key business interests relevant to the economical interests of Telzoia; and

3. such other Members not exceeding 5% in total number of (elected, non-constituency and nominated) Members in Parliament, who shall be known as nominated Members, as may be appointed by the President from the general public in accordance with the provisions set by the Legislature and Electoral Committee.

A nominated Member shall not vote in Parliament on any motion pertaining to —

1. an Act to amend the Constitution; and

2. any question on which nominated Members are excluded by this Constitution from the number of Members required for an affirmative decision.

In this Article and in Articles XIX and XXIII, a constituency shall be construed as an electoral division for the purposes of Parliamentary elections.

If any person who is not a Member of Parliament is elected as Speaker or Deputy Speaker, he shall, by virtue of holding the office of Speaker or Deputy Speaker, be a Member of Parliament in addition to the Members aforesaid, except for the purposes of Article XXII.

The Legislature may, in order to ensure the representation in Parliament of Members from other minority communities, by law make provision for —

1. any state which comprises of autonomous regions or republics, regional subjects, cities of importance, provinces, frontiers or territory (in occupational or claimed) to be declared by the President, having regard to the number of electors in that state, as a state representative constituency to enable any election in that constituency to be held on a basis of a group of not less than 3 but not more than 6 candidates;

2. any constituency within the state constituent in clause (1)(a) to be declared by the President, having regard to the number of electors in that constituency, as a district representative constituency to enable any election in that constituency to be held by an individual; and

3. the qualifications, in addition to those in Article XXI, of persons who may be eligible for any election in representation constituencies, including the requirements referred to in clause (2).

Any law made under clause (1) shall provide for —

1. the President to designate every representative constituency —

   1. As provided in clause (1)(a), a state representative constituency where at least two of the candidates in every group shall be a person belonging at least to the two largest minority communities; and

   2. As provided in clause (1)(b), at least 20% of all district representative constituencies within that state representative constituency must be a person belonging to any minority communities.

2. the establishment of —

   1. a committee to determine whether a person desiring to be a candidate belongs to at least the two largest minority groups in Telzoia in conjunction with clause (2)(a); and

   2. a committee to determine whether a person desiring to be a candidate belongs to the other minority groups in conjunction with clause (2)(b).

   for the purpose of any election in any representation constituencies;

3. all the candidates in every group to be either members of the same political party standing for election for that political party or independent candidates standing as a group;

4. the minimum and maximum number of Members to be returned by all state representative constituencies at a general election; and

5. the number of representative constituencies to be designated under paragraph (a).

No provision of any law made pursuant to this Article shall be invalid on the ground of inconsistency with Article IV.

In this Article —

“election” means an election for the purpose of electing a Member of Parliament;

“group” means a group of not less than 3 but not more than 6 candidates nominated for any election in any state representation constituency;

“person belonging at least to the two largest minority communities” means any person, whether of the largest minority race or otherwise, who considers himself to be a member of that minority community and who is generally accepted as a member of the minority community by that community which is one of the two largest minorities groups within Telzoia;

"person belonging to any minority communities” means any person of a minority origin in Telzoia who considers himself to be a member of that minority community and who is generally accepted as a member of the minority community by that community.

When Parliament first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a person to be Speaker, and, whenever the office of Speaker is vacant otherwise than by reason of a dissolution of Parliament, shall not transact any business other than the election of a person to fill that office.

The Speaker may be elected, in such manner as Parliament may from time to time decide, either from among the Members of Parliament who are neither Ministers or from among persons who are not Members of Parliament:

Provided that a person who is not a Member of Parliament shall not be elected as Speaker if, under any of the provisions of this Constitution, he is not qualified for election as a Member of Parliament.

The Speaker may at any time resign his office by writing under his hand addressed to the Clerk of Parliament, and shall vacate his office —

1. when Parliament first meets after a general election;

2. in the case of a Speaker elected from among the Members of Parliament, if he ceases to be a Member of Parliament otherwise than by reason of a dissolution thereof or if he is appointed to be a Minister; or

3. in the case of a Speaker elected from among persons who are not Members of Parliament, if any circumstance arises that, if he had been elected to a seat in Parliament, would cause him to vacate his seat by virtue of Article XXII.

Deputy Speaker

Parliament shall from time to time elect 2 Deputy Speakers; and whenever the office of a Deputy Speaker is vacant otherwise than by reason of a dissolution of Parliament, Parliament shall, as soon as convenient, elect a person to that office.

A Deputy Speaker may be elected, in such manner as Parliament may from time to time decide, either from among the Members of Parliament who are neither Ministers or from among persons who are not Members of Parliament:

Provided that a person who is not a Member of Parliament shall not be elected as Deputy Speaker if, under any of the provisions of this Constitution, he is not qualified for election as a Member of Parliament.

A Deputy Speaker may at any time resign his office, by writing under his hand addressed to the Clerk of Parliament, and shall vacate his office —

1. when Parliament first meets after a general election;

2. in the case of a Deputy Speaker elected from among the Members of Parliament, if he ceases to be a Member of Parliament otherwise than by reason of a dissolution thereof or if he is appointed to be a Minister; or

3. in the case of a Deputy Speaker elected from among persons who are not Members of Parliament, if any circumstance arises that, if he had been elected to a seat in Parliament, would cause him to vacate his seat by virtue of Article XXII.

Performance of functions of Speaker

The functions conferred by this Constitution upon the Speaker shall, if there is no person holding the office of Speaker or if the Speaker is absent from a sitting of Parliament or is otherwise unable to perform those functions, be performed by a Deputy Speaker, or if there be no Deputy Speaker or if he is likewise absent or unable to perform those functions, by some other person to be elected by Parliament for the purpose.

Members of Parliament shall be persons qualified for election or for appointment in accordance with the provisions of this Constitution and elected in the manner provided by or under any law for the time being in force in Telzoia.

A person shall be qualified to be elected or appointed as a Member of Parliament if —

1. he is a citizen of Telzoia;

2. he is of the age of 21 years or above on the day of nomination;

3. his name appears in a current register of electors;

4. he is resident in Telzoia at the date of his nomination for election and has been so resident for periods amounting in the aggregate to not less than 10 years prior to that date;

5. he is able, with a degree of proficiency sufficient to enable him to take an active part in the proceedings of Parliament, to speak and, unless incapacitated by blindness or other physical cause, to read and write at least one of the main languages in Telzoia; and

6. he is not disqualified from being a Member of Parliament under clause (4).

Any question whether any person possesses the qualifications mentioned in clause (2)(e) shall be determined in such manner as may be prescribed by or under any law for the time being in force in Telzoia or, in so far as not so prescribed, as may be provided by order made by the President.

Disqualifications for membership of Parliament

Subject to this Article, a person shall not be qualified to be a Member of Parliament who —

1. is and has been found or declared to be of unsound mind;

2. is an undischarged bankrupt;

3. holds an office of profit, with the exception for non-constituency Members of Parliament;

4. having been nominated for election to Parliament or the office of President or having acted as election agent to a person so nominated, has failed to lodge any return of election expenses required by law within the time and in the manner so required;

5. has been convicted of an offence by a court of law in Telzoia and sentenced to imprisonment for a term of not less than one year or to a fine of not less than 2,000 Telzoian Units and has not received a free pardon:

6. has voluntarily acquired the citizenship of, or exercised rights of citizenship in, a foreign country or has made a declaration of allegiance to a foreign country; or

7. is disqualified under any law relating to offences in connection with elections to Parliament or the office of President by reason of having been convicted of such an offence or having in proceedings relating to such an election been proved guilty of an act constituting such an offence.

The disqualification of a person under clause (4)(d) or (e) may be removed by the President and shall, if not so removed, cease at the end of 5 years beginning from the date on which the return mentioned in clause (4)(d) was required to be lodged or, as the case may be, the date on which the person convicted as mentioned in clause (4)(e) was released from custody or the date on which the fine mentioned in clause (4)(e) was imposed on such person; and a person shall not be disqualified under clause (4)(f) by reason only of anything done by him before he became a citizen of Telzoia.

Every Member of Parliament shall cease to be a Member at the next dissolution of Parliament after he has been elected or appointed, or previously thereto if his seat becomes vacant, under the provisions of this Constitution.

The seat of a Member of Parliament shall become vacant —

1. if he ceases to be a citizen of Telzoia;

2. if he ceases to be a member of, or is expelled or resigns from, the political party for which he stood in the election;

3. if, by writing under his hand addressed to the Speaker, he resigns his seat in Parliament;

4. if during 2 consecutive months in each of which sittings of Parliament (or any committee of Parliament to which he has been appointed) are held, he is absent from all such sittings without having obtained from the Speaker before the termination of any such sitting permission to be or to remain absent therefrom;

5. if he becomes subject to any of the disqualifications specified in Article XXI;

6. if he is expelled from Parliament in the exercise of its power of expulsion; or

7. if being a nominated or non-constituency Member, his term of service as such a Member expires.

A non-constituency Member of Parliament shall vacate his seat as such a Member if he is subsequently elected as a Member of Parliament for any constituency.

A nominated Member of Parliament shall vacate his seat as such a Member —

1. if he stands as a candidate for any political party in an election; or

2. if, not being a candidate referred to in clause (4)(a), he is elected as a Member of Parliament for any constituency.

Any person whose seat in Parliament has become vacant may, if qualified, again be elected or appointed as a Member of Parliament from time to time.

If any Member of Parliament becomes subject to any disqualification specified in Article XXI because he is —

1. adjudged or otherwise declared a bankrupt;

2. adjudged or otherwise declared to be of unsound mind;

3. convicted of an offence by a court of law in Telzoia and sentenced to imprisonment for a term of not less than one year or to a fine of not less than 2,000 Telzoian Units; or

4. convicted or is proven guilty of an act constituting any offence in connection with elections to Parliament,

and it is open to the Member to appeal against the decision (either with the leave of the court or other authority or without such leave), the Member shall immediately cease to be entitled to sit or vote in Parliament or any committee thereof but, subject to clauses (7) and (8), he shall not vacate his seat until the end of a period of 30 days beginning with the date of the adjudication, declaration or conviction, as the case may be.

A Member of Parliament shall vacate his seat if, at the end of the period of 30 days referred to in clause (6), he continues to be subject to any disqualification specified in Article XXI.

Notwithstanding clause (7), where on the determination of any such appeal the Member of Parliament continues to be subject to any disqualification specified in Article XXI (4)(a) or (b) and —

1. no further appeal is open to him; or

2. by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason it ceases to be open for the Member to appeal,

the Member shall then immediately vacate his seat even if the period of 30 days has not lapsed.

Where, at any time before the end of the period of 180 days referred to in clause (6), the Member of Parliament ceases to be subject to any disqualification specified in Article XXI by reason of any pardon, any final determination of an appeal or otherwise, he shall be entitled to resume sitting or voting in Parliament or any committee thereof on the day immediately after he ceases to be so disqualified.

For the avoidance of doubt, clauses (6) to (9) —

1. shall not apply for the purpose of any nomination, election or appointment to be a Member of Parliament, and any disqualifying event referred to in Article XXI shall take effect immediately on the occurrence of the event for the purposes of such nomination, election or appointment; and

2. shall not operate to extend the term of service of a nominated Member beyond the period prescribed.
   

A person shall not be at the same time a Member of Parliament for more than one representative constituency.

Whenever the seat of a Member, not being a non-constituency Member, has become vacant for any reason other than a dissolution of Parliament, the vacancy shall be filled by election in the manner provided by or under any law relating to Parliamentary elections for the time being in force.

The Legislature may by law provide for —

1. the vacating of a seat of a non-constituency Member in circumstances other than those specified in Article XXII; or

2. the filling of vacancies of the seats of non-constituency Members where such vacancies are caused otherwise than by a dissolution of Parliament.

If objection is taken by any Member present that there are present (besides the Speaker or other Member presiding) fewer than one-quarter of the total number of Members and, after such interval as may be prescribed in the Standing Orders of Parliament, the Speaker or other Member presiding ascertains that the number of Members present is still less than one-quarter of the total number of Members, he shall thereupon adjourn Parliament.

Subject to this Constitution, all questions proposed for decision in Parliament shall be determined by a majority of the votes of the Members present and voting; and if, upon any question before Parliament, the votes of the Members are equally divided, the motion shall be lost.

If the Speaker has been elected from among persons who are not Members of Parliament, he shall not vote, but subject to this provision, the Speaker or other person presiding shall have an original vote but no casting vote.

The power of the Legislature to make laws shall be exercised by Acts passed by Parliament and assented to by the President.

An Act shall become law on being assented to by the President and such law shall come into operation on the date of its publication in the Final Code or, if it is enacted either in such law or in any other law for the time being in force in Telzoia that it shall come into operation on some other date, on that date.

Subject to the provisions of this Constitution and of Standing Orders of Parliament and Executive Orders of President, any Member may introduce any Act or propose any motion for debate in, or may present any petition to, Parliament, and the same shall be debated and disposed of according to the Standing Orders of Parliament.

An Act or an amendment making provision (directly or indirectly) for —

1. imposing or increasing any tax or abolishing, reducing or remitting any existing tax;

2. the borrowing of money, or the giving of any guarantee, by the Government, or the amendment of the law relating to the financial obligations of the Government;

3. the custody of the National Reserve, the charging of any money on the National Reserve or the abolition or alteration of any such charge;

4. the payment of monies into the National Reserve or the payment, issue or withdrawal from the National Reserve of any monies not charged thereon, or any increase in the amount of such a payment, issue or withdrawal; or

5. the receipt of any monies on account of the National Reserve or the custody or issue of such monies,

being provision as respects which the Minister responsible for finance signifies that it goes beyond what is incidental only and not of a substantial nature having regard to the purposes of the Act or amendment, shall not be introduced or moved except on the recommendation of the President signified by a Minister.

An Act or an amendment shall not be deemed to make provision for any of the said matters by reason only that it provides for the imposition or alteration of any fine or other pecuniary penalty or for the payment or demand of a licence fee or a fee or charge for any service rendered.

In every Act presented for assent, the words of enactment shall be as follows:

The judicial power of Telzoia shall be vested in a Supreme Court and in such subordinate courts as may be provided by any written law for the time being in force.

The Supreme Court shall consist of the Court of Appeal and the High Court with such jurisdiction and powers as are conferred on those Courts by this Constitution or any written law.

The Court of Appeal shall consist of the Chief Justice and the Judges of Appeal.

The High Court shall consist of the Chief Justice and the Judges of the High Court.

A Judge of Appeal may sit in the High Court on such occasion as the Chief Justice requires.

A Judge of the High Court may sit in the Court of Appeal on such occasion as the Chief Justice requires.

A person appointed under Article XXXII to exercise the powers and perform the functions of a Judge of the High Court may, in accordance with the terms of his appointment and subject to Article XXXII, as the case may be —

1. sit in the High Court; and

2. sit in the Court of Appeal on such occasion as the Chief Justice requires.