An Act to provide for
certain matters relating to the functions and offices of the President,
Vice-President and the Prime Minister.
[9th December, 1962]
C.A. Act No. 4 of
1962
R.L. Cap. 502
Acts Nos.
10 of 1980
26 of 1980
10 of 2001
PART I: PRELIMINARY
PROVISIONS (ss 1-2)
1. Short title
This Act may be cited as the Presidential Affairs Act.
1A. Interpretation
In this Act unless the context requires otherwise–
"President"
means the President of the United Republic;
"Vice-President"
means the Vice-President of the United Republic;
"Prime Minister"
means the Prime Minister of the United Republic;
"household"
means a fully furnished house, outbuildings and surrounding land that is used
as a dwelling house and includes bedding, cooking, laundry and other domestic
equipment necessary for the day to day use.
PART II: PRESIDENTIAL
FUNCTIONS AND AFFAIRS (ss 3-5)
2. Signification of
orders
(1) Whereby or under any written law, other than the
Constitution, any power, duty or function is conferred or imposed on, or is
vested in the President, the exercise of such power or the performance of such
duty or function by the President may, unless a contrary intention appears, be
signified under the hand of a Minister, a Deputy Minister or a Permanent
Secretary:
Provided that nothing in this section shall apply to the
power of the President to make proclamations or shall restrict the manner in
which the power of the President in relation to the executive functions of the
Republic, other than any such function which is conferred by any written law,
may be exercised through officers in the service of the Republic subordinate to
him.
3. Advisory Committee
on the Prerogative of Mercy
(1) There shall be an Advisory Committee on the Prerogative
of Mercy which shall consist of–
(a) a Minister appointed by the President;
(b) the Attorney-General; and
(c) not less than three nor more than five other members
appointed by the President, and the President shall preside at the meetings of
the Committee.
(2) The President may appoint different Ministers to be
members of the Advisory Committee in relation to persons convicted by a civil
court and persons convicted by a court-martial.
(3) Where any person has been sentenced to death (otherwise
than by a court-martial) for any offence, the President shall cause a written
report of the case from the trial judge or magistrate, together with such other
information derived from the record of the case or elsewhere as he may require,
to be considered at a meeting of the Advisory Committee; and after obtaining
the advice of the Committee, the President shall decide in his own deliberate
judgement whether to exercise any of his powers under section 45 of the
Constitution.
(4) the President may consult with the Advisory Committee
before exercising any of his powers under section 45 of the Constitution in any
case not falling within subsection (3) of this section.
(5) Subject to any directions of the President, the Advisory
Committee may regulate its own procedure.
4. Honours and awards
The President may institute and confer honours, dignities
and awards.
PART III: LEGAL PROCEEDINGS (ss
6-10)
5. Civil proceedings
in High Court only
No civil proceedings which may be instituted against the
President shall be instituted in any court other than the High Court.
6. Civil proceedings
in personal capacity
(1) Where any person proposes to institute any proceedings
against the President as are referred to in subsection (2) of section 46 of the
Constitution–
(a) the notice of proceedings referred to therein shall be
accompanied by the plaint;
(b) the notice and plaint shall be delivered to the Chief
Secretary or to a Permanent or Private Secretary to the President, or sent by
prepaid registered post to the Chief Secretary at the State House.
(2) Where any such civil proceedings against the President
as are referred to in subsection (2) of section 46 of the Constitution are
instituted and the Court is satisfied that the plaintiff would, but for this
subsection, be entitled to any order, judgement or decree or other relief, no
order, judgement, decree or relief, other than by way of a declaratory order,
judgement or decree shall be awarded against the President:
Provided that if any subsisting order, judgement or decree
is not satisfied after the defendant has ceased to hold the office of
President, the plaintiff may, within ninety days of the defendant ceasing to
hold office as President, apply to the High Court for such order, judgement or
decree as would, but for the provisions of this subsection, have issued in the
original proceedings, and the Court shall make such order, judgement or decree
as in the circumstances is just and reasonable.
7. Other civil
proceedings
(1) All process in any legal proceedings against the
President, other than those referred to in subsection (2) of section 46 of the
Constitution, shall be delivered to or served on the Attorney-General.
(2) Where, in any proceedings to which this section refers
the Court is satisfied that the plaintiff would, but for this subsection, be
entitled to any order, judgement, decree or other relief, no order, judgement,
decree or relief, other than by way of a declaratory order, judgement or
decree, shall be awarded against the President.
8. Immunity from
arrest and from process to compel appearance of President
(1) The President shall be immune from arrest.
(2) Subject to the provisions of subsection (3), no process
shall be issued by any court or other person or authority empowered to issue
process in that behalf–
(a) requiring or compelling the personal appearance or
attendance of the President in any capacity; or
(b) requiring or compelling the President to produce any
person or thing.
(3) Where a party to any proceedings in any court or before
some other person or authority empowered to issue process in that behalf,
applies for any process requiring or compelling the appearance of the President
as a witness or requiring or compelling the President to produce any person or
thing, the court or other person or authority may if, but for this section, it
would have issued such process, notify the President of the application, but
shall not make any other order or issue any other process on such application.
9. Service of process
generally in State House and other official residence
(1) No legal process shall be served or executed within the
State House, its lodges or grounds or, while he is resident therein, within
other official residences of the President except by or under the directions of
the Chief Secretary or a Permanent or Private Secretary to the President; and
the Chief Secretary and Permanent or Private Secretary shall, when requested by
a court to assist in the service or execution of any such process, give all
reasonable and necessary assistance.
(2) No local government authority or public utility shall
have any jurisdiction or power in regard to any matter or thing relating to the
State House, its lodges or grounds or other official residences of the
President.
PART IV: THE HOUSEHOLD OF THE
PRESIDENT, VICE-PRESIDENT AND THE PRIME MINISTER (ss 11-14)
10. Expenses of
President's household
There shall, in respect of each financial year, be charged
on and paid out of the Consolidated Fund such sum of money as may be certified
by the Treasury as being the sum required for and in respect of the salaries,
allowances and expenses of the President's household and the upkeep of the
State House and other official residences of the President.
10A. Expenses for the
Vice-President's Household
There shall, in respect of each financial year, be charged
on and paid out of the Consolidated Fund such sum of money as may be certified
by the Paymaster-General as being the sum required for and in respect of
expenses of the Vice-President's household and the upkeep of the
Vice-President's house, lodges and grounds and other official residences of the
Vice-President.
10B. Expenses for
Prime Minister's Household
There shall, in respect of each financial year, be charged
on and paid out of the consolidated Fund such sum of money as may be certified
by the Paymaster-General as being the sum required for and in respect of
expenses of the Prime Minister's household and the upkeep of the Prime
Minister's house, lodges and grounds and other official residences of the Prime
Minister.
11. Amendment of R.L.
Cap. 1
[Repeals section 21(1)
of R.L. Cap 1.]