· Who are the Leaders?
Article 67 of the Constitution stated that “a leader means the President of the Republic, the Prime Minister and other Ministers, members of Parliament, and such public servants, officers of Government agencies and others officers as may be prescribed by law”.
Section 5 of the Leadership Code Act, set out a list of all positions that are characterise as Leader.
· What is Annual Return?
The Annual Return is a formal declaration of a leader’s personal assets, liabilities, and financial interests. It is a key mechanism to prevent corruption and conflicts of interest while promoting public trust in leadership.
Section 31 of the Leadership Code Act provides details explanation of annual returns of leaders.
The annual return must set out details, listed in subsection (4), of the assets and
liabilities of:
(a) the leader; and
(b) the leader's spouse and children where feasible;
(c) any trust of which the leader or the leader's spouse or children are a
beneficiary where feasible.
(4) The details to be set out in the annual return are:
(a) all land and other property (except one family home);
(b) all vehicles (except one family vehicle);
(c) all shares in public or private companies;
(d) all income;
(e) all liabilities;
(f) directorships in corporations;
(g) all directorships or other offices held in unincorporated bodies;
(h) any assets acquired or disposed of during the period covered by the return;
(i) any liabilities acquired or discharged during the period covered by the return.
(5) The details must include assets within and outside Vanuatu.
(6) The leader is not required to include:
(a) any liabilities in respect of the family home, or
(b) the personal effects of the leader and his or her spouse and children.
Every leader must complete an annual return for the preceding year setting out details of the leader's assets and liabilities in accordance with the form in the
Schedule. The annual return must be given to the Ombudsman:
(a) within 2 months of becoming a leader; and
(b) by 1 March in each year.
· The purpose to file annual returns
Leaders must be accountable and transparent not abuse their power and position to gain wealth or Leader’s enrichment.
· Important dates for Leaders to remember
Ø A Leader must file his or her Annual Return form to the Office of the Ombudsman by 1st March every year.
Ø A further 14 days will be given as a notice to all Leaders who are still yet to file their Annual Return.
Ø 15 March is the cutoff date.
· Failure to file Annual return
According to section 33 of the Leadership Code Act, it outlines breaches if a leader failed to file his or her annual return or submitted his or her return with false written information in the form knowing it is false. There is no imprisonment of the penalties only payment fine.
Section 40 (2) of the Leadership Code Act stipulated if a leaders is convicted for breach of section 33 of the Act has to pay a fine not exceeding 2,000,000 VUV and if the offence is a continuing one to a fine not exceeding VT20,000 a day for each day or part day the leader remains in breach.