Leadership Code

  1. An MP / Councilor was seen drunk and was involved in a fight with some other people while driving a G plate vehicle. Under the LCA, a leader must not behave in a way that demeans his position
  2. The CEO of a government institution has been employing people who are related to him or her without following the proper recruitment process. Under the LCA, a leader must appoint a person on merit only.

A leader must observe and comply with the law

  1. Comply and observe the fundamental principles of the Leadership Code
  2. Comply with and observe the duties, obligations and responsibilities established by the Code and any other enactment that affects the Leader
  3. Not influence or attempt to influence or exert pressure on or threaten or abuse persons carrying out their lawful duty.

A leader must appoint on the basis of merit

If a leader appoints persons to hold official positions he or she must

  1. Act fairly in appointing people to offices and positions of which he has responsibility, so that people are appointed impartially and on merit.
  2. Do his or her best to encourage participation in government by men and women according to the abilities
  3. Not interfere or attempt to interfere in the Public Service Commission

Disclosure of business interests

A leader must always give priority to official business over private business interests and, in any case, the leader must not involve him or herself in the day to day management if conflicting personal business interests.

Submission of annual returns

Leaders must submit their annual returns by 1st of March each year to the clerk of Parliament with the following information.

  1. All land and other properties
  2. All vehicles
  3. All shares in public or private companies
  4. All liabilities
  5. Directorships in corporations and other offices

A Leader must not place himself in a position in which he or she has or could have a conflict of interest or in which the fair exercise of public or official duties might be compromised.

A leader must never demean his or her office or position

A leader must not allow for his or her integrity to be called into question.

A leader must never diminish respect for and confidence in the integrity of the Government of the Republic of Vanuatu

Leaders shall not use their offices for personal gain or enter into any transaction or engage in any enterprise or activity that might be expected to give rise to doubt in the public mind as to whether he or she is carrying out or has carried out the duty imposed by law.

Article 67 of the Constitution and section 5 of the Leadership Code Act give the definition of those persons who are declared as leaders under the Code. They are:

  1. The Prime Minister
  2. Ministers of the State
  3. All members of the Parliament
  4. Elected and nominated members of the Local Government Councils
  5. Elected and nominated members of the Municipal Councils
  6. Director Generals of Ministries and Directors of Departments
  7. CEO's or secretary generals of Local Government councils
  8. The town clerks of municipalities
  9. Directors of companies or other bodies corporate wholly owned by the Government.
  10. All members of boards of Government statutory authorities
  11. All political advisors
  12. Commissioner of Police
  13. Commander of Vanuatu Mobile Force
  14. The Attorney General
  15. The Public Prosecutor
  16. The Public solicitor
  17. The Ombudsman
  18. The Clerk of Parliament
  19. The Principal Electoral Officer
  20. The Auditor General
  21. The Chairperson of the expenditure review committee
  22. The Chairperson when acting in that capacity of the tenders board
  23. Members of the Public Service Commission
  24. Members of the Teaching Service Commission
  25. Members of the Police Service Commission
  26. Members of the Electoral Commission
  27. The commander of the Vanuatu Mobile Force

The purpose of the Leadership Code is to give effect to Chapter 10 of the Constitution of the Republic of Vanuatu by providing for a Leadership Code to govern the conduct of the leaders of the people of Vanuatu. Article 66 of the Constitution is basically the summary of Obligations imposed on leaders by Chapter 10 of the Constitution of the Republic of Vanuatu.

  1. In Chapter 10 of the Constitution, Article 66 provides that a leader must conduct himself in such a way, both in his public and private life, so as not to:
    1. Place himself in a position in which he has or could have a conflict of interest or in which the fair exercise of his public or official duties might be compromised
    2. Demean his office or position
    3. Allow his integrity to be called into question
    4. Endanger or diminish respect for and confidence in the integrity of the Government of the Republic of Vanuatu.
  2. Article 66 also provides that, in particular a leader must not use his office for personal gain or enter into any transaction or engage in any enterprise or activity that might be expected to give rise to doubt in the public mind as to whether he is carrying out or has carried out the duty imposed by sub-article 66(1).

In September 1996, the Vanuatu Parliament decided to debate the Leadership Code Bill but at the last minute it was deferred again until December 1996. In August 1998, the Leadership Code was finally passed.

The Leadership Code Act [Cap 240] was introduced for the sole purpose of complementing the Ombudsman Act. It was created to give effect to Chapter 10 of the Constitution by providing for a Leadership Code to assist in the governing of the conduct of leaders throughout Vanuatu.

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