Vanuatu’s Constitution of 1980 with Amendments through 2013
Part. I. 2. Protection of the law shall include the following: […] everyone charged with an offence shall have a fair hearing, within a reasonable time, by an independent and impartial court and be afforded a lawyer if it is a serious offence; […]
Judicial Council or Parallel Institution
Article 47. 1. The administration of justice is vested in the judiciary, who are subject only to the Constitution and the law. The function of the judiciary is to resolve proceedings according to law. If there is no rule of law applicable to a matter before it, a court shall determine the matter according to substantial justice and whenever possible in conformity with custom. 2. Except for the Chief Justice the judiciary shall be appointed by the President of the Republic acting on the advice of the Judicial Service Commission. 3. All members of the judiciary shall hold office until they reach the age of retirement. They shall only be removed from office by the President of the Republic in the event of: a. conviction and sentence on a criminal charge; or b. a determination by the Judicial Service Commission of gross misconduct, incapacity or professional incompetence. 4. The promotion and transfer of members of the judiciary may only be made by the President of the Republic on the advice of the Judicial Service Commission. 5. Parliament may provide for the appointment by the President of the Republic, after consultation with the Judicial Service Commission, of acting judges for such periods as may be set out in their instruments of appointment. 6. Subarticle (3) so far as it relates to the removal from office shall apply to acting judges.
Article 48. 1. The Judicial Service Commission shall consist of the Minister responsible for justice, as Chairman, the Chief Justice, the Chairman of the Public Service Commission, and a representative of the Malvatumauri Council of Chiefs appointed by the Council. 2. The Judicial Service Commission shall not be subject to the direction or control of any other person or body in the exercise of its functions.
Attorney General’s Office
Article 55. The function of prosecution shall vest in the Public prosecutor, who shall be appointed by the President of the Republic on the advice of the Judicial Service Commission. He shall not be subject to the direction or control of any other person or body in the exercise of his functions.