BE IT ENACTED by His Excellency The Lord High Chancellor, with the Advice and Consent of His Excellency’s Council, and by the authority of the same, as follows—

Chapter 1 Preliminary

1 Short title

This Act may be cited as the Constitution Act of Gabon 2020.

2 Purpose

The purpose of this Act is—

1. to declare, consolidate and modernise the Constitution of Gabon; and
2. to establish the roles of government and define the powers, functions and responsibilities of said roles

3 Official name of Gabon

1. The official name of the country is the Free Republic of Gabon.
2. Any reference in any Act to a former name shall be taken as a reference to the Free Republic of Gabon.
3. In this section—
   former name means any of the following—
   1. Principality of Gabon;
   2. Grand Mercantile Republic of the Autonomous Free Sovereign State of Gabon, the Abode of Peace;
   3. Chancellery of Gabon.

4 Supremacy of constitution

To the extent that there is any inconsistency between this constitution and any Act of the Lord's Council, this constitution shall, to the extent of the inconsistency, prevail.

Chapter 2 Executive administration

Part 1 The Lord High Chancellor

5 Establishment

1. There is a Lord High Chancellor.
2. The Lord High Chancellor is the Head of State.
3. The Lord High Chancellor—
   1. is the symbol of the unity and permanence of Gabon; and
   2. arbitrates and moderates the regular functioning of the institutions, assumes the highest representation of Gabon in international relations and exercises the functions expressly conferred on him by the laws; and
   3. shall represent Gabon in all its relations with foreign countries, with the advice of the Lord’s Council.

6 Term of office

The Lord High Chancellor holds office indefinitely unless and until he or she resigns from office or is removed from office in accordance with this Chapter.

7 Vacancy

1. This section applies if there is a casual vacancy in the office of the Lord High Chancellor.
2. The Vice Chancellor assumes the office of the Acting Lord High Chancellor and, for all purposes, is taken to be the Lord High Chancellor.
3. The Lord's Council must, as soon as practicable, cause an election to replace the Lord High Chancellor to be held in accordance with the voting procedure established by this Act.

8 Functions

The functions of the Lord High Chancellor are the following—

1. to represent and conduct diplomacy on behalf of the nation of Gabon;
2. to provide for and oversee the defence and security of Gabon and its territories;
3. to provide for the needs of the peoples of Gabon;
4. to uphold this constitution and oversee democracy for the betterment of Gabon and its peoples;
5. to maintain and administer the Sovereign Fund.

9 Powers

1. The Lord High Chancellor shall be vested with plenary executive power.
2. The Lord High Chancellor, without limiting the generality of subsection (1), may—
   1. conduct diplomatic affairs; and
   2. grant citizenship; and
   3. delegate, in writing, any of the Chancellor’s powers or duties to any citizen of Gabon.
3. This section must be read in conjunction with section 10, the latter prevailing.

10 International affairs

1. The Lord High Chancellor may negotiate treaties on behalf of Gabon.
2. Notwithstanding subsection (1), the Lord High Chancellor must not conclude a treaty without the prior approval of the Lord’s Council where—
   1. the treaty would cede territory of Gabon, alienate Gabonese property, or affect sovereign rights or prerogatives of Gabon; or
   2. impose a new burden on Gabon or its citizens; or
   3. assume an obligation that would limit the rights of the citizens of Gabon.
3. The Lord High Chancellor shall accredit ambassadors and envoys extraordinary to foreign powers, and foreign ambassadors and envoys extraordinary shall be accredited to him.
4. In this section—
   treaty means any agreement or instrument (whatsoever called) negotiated between Gabon and 1 or more other States with provisions intended to bind the parties.

11 Style

The Lord High Chancellor shall be referred to—

1. in text—as His Excellency The Lord High Chancellor of the Free Republic of Gabon; and
2. in conversation—
   1. for the first time—as Lord High Chancellor;
   2. otherwise—as Your Excellency.

Part 2 The Vice Chancellor

12 Establishment

1. There is a Vice Chancellor.
2. The Vice Chancellor is the Head of Government.

13 Term of office

The Vice Chancellor holds office indefinitely unless and until he or she resigns from office or is removed from office in accordance with this Chapter.

14 Vacancy

1. This section applies if there is a casual vacancy in the office of the Vice Chancellor.
2. The senior councillor assumes the office of the Acting Vice Chancellor and, for all purposes, is taken to be the Vice Chancellor.
3. The Lord's Council must, as soon as practicable, cause an election to replace the Vice Chancellor to be held in accordance with the voting procedure established by this Act.
4. In this section—
   senior councillor means the member of the Lord's Council who received the most votes in the most recent election for that Council

15 Functions

The functions of the Vice Chancellor are the following—

1. to maintain, develop and uplift the nation of Gabon;
2. to represent the Government of Gabon in international affairs;
3. to provide and tend for the needs of the peoples of Gabon;
4. to oversee and manage the economical ventures of the goverment;
5. to uphold this constitution and oversee democracy for the betterment of Gabon and its peoples.

16 Style

The Vice Chancellor shall be referred to—

1. in text—as The Right Honourable The Vice Chancellor of the Free Republic of Gabon; and
2. in conversation—as Vice Chancellor.

Part 3 The Cabinet Office

17 Establishment

The Cabinet Office is established.

18 Constitution

1. The Cabinet Office consists of the following—
   1. the Lord High Chancellor;
   2. the Vice Chancellor;
   3. the members of the Lord's Council;
   4. all other citizens of Gabon who are appointed to the Cabinet Office ex officio by an Act.
2. To remove any doubt, membership of the Cabinet Office is not an office in and of itself.

19 Functions

The functions of the Cabinet Office are the following—

1. to advise the Lord High Chancellor and the Lord's Council on matters on which the Cabinet Office has been assigned responsibility for by an Act;
2. to work in collaboration with the Lord's Council on matters such as funding, projects and required labourers;
3. to oversee and manage assigned responsibilites of Gabon effectively and efficiently for the betterment of Gabon.

Chapter 3 Legislature

Part 1 Preliminary

20 Lord’s Council

There shall be a group of persons which shall be named the Lord’s Council.

Part 2 Membership

21Constitution

1. The Lord’s Council shall be composed of 3 councillors.
2. The Lord High Chancellor and the Vice Chancellor are ex officio members of the Lord’s Council but do not count towards the membership quota of the Council.

22 Qualifications

1. A person shall be eligible to be a councillor if they—
   1. are a citizen of Gabon; and
   2. are not a dual citizen of another nation; and
   3. are not a member of the government of any foreign nation; and
   4. are not currently serving a court-imposed sentence in relation to a criminal offence against Gabon’s laws; and
   5. have ordinarily been a resident of Gabon for at least three days immediately preceding; and
   6. have not been effectively resigned from the Council in at least three days immediately preceding.
2. The Council may pass legislation providing additional qualifications of councillors.

23 Leaving office early

1. This section details the ways a councillor may cease to hold office prior to their term of office ending naturally.
2. If a councillor becomes ineligible to remain a councillor, their place shall automatically become vacant.
3. A councillor may by writing addressed to the Lord High Chancellor resign their place which shall become vacant at its earliest five days after service.
4. The place of a councillor shall become vacant if for ten consecutive days the councillor fails to contribute to the Council.
5. The superior court of record may, on application of a councillor, provide a declaration on whether a councillor’s position became vacant under this section.

24 Vacancies

Whenever a vacancy happens in the Council, the Lord High Chancellor may appoint a member to fill the vacancy with the appointment extending no longer than the original councillor’s term would have lasted.

Part 3 Powers

25 Legislation

1. The plenary legislative power of Gabon shall be vested in the Lord’s Council.
2. Any councillor shall be able to summon a meeting of the Council on an ad hoc basis for the purposes of tabling, debating and passing legislation.
3. The presence of at least half of the councillors and one of the Lord High Chancellor or the Vice Chancellor shall be necessary to constitute a meeting of the Council for the exercise of its legislative powers.

26 Motions

There shall be no requirement for motions to be seconded after they are presented to the Lord’s Council.

Chapter 4 Judiciary

Part 1 Preliminary

27 Establishment

1. There is a court called the High Court of Gabon.
2. The court is the superior court of record in Gabon.

28 Jurisdiction

The court has unlimited jurisdiction over all matters in and relating to Gabon and its territories.

29 Composition of the court

The court consists of a Chief Justice and the other justices appointed by the Lord's Council.

30 Divisions of the court

1. The court is divided into—
   1. the office of the Chief Justice; and
   2. 2 divisions, namely, the Court of Appeal and the Trial Division.
2. The Chief Justice may sit as, and exercise the powers and perform the functions of, a judge in either division of the court.

Part 2 Exercise of jurisdiction

31 Exercise of jurisdiction

Any one or more justices may, subject to the provisions of this constitution, exercise the jurisdiction of the court.

32 Original jurisdiction

The court has sole original jurisdiction in any matter—

1. arising under this constitution or involving its interpretation; or
2. arising under any laws made by the legislature; or
3. arising under any treaty; or
4. affecting consuls or other representatives of other countries; or
5. in which Gabon, or a person suing or being sued on behalf of Gabon, is a party; or
6. between territories, or between residents of different territories, or between a territory and a resident of another territory; or
7. in which a remedy is sought against an officer of Gabon.

33 Appeals from the Trial Division

1. The court shall have jurisdiction to hear and determine appeals from all judgments whatsoever of any justice or justices exercising the original jurisdiction of the court.
2. Appeals from interlocutory judgments of the court shall not be brought without leave of the court.

34 Form of judgment on appeal

The court in the exercise of its appellate jurisdiction may do 1 or more of the following—

1. affirm, reverse or modify the judgment appealed from;
2. give such judgment as ought to have been given in the first instance;
3. if the cause is not pending in the court—in its discretion remove the cause to the court in its original jurisdiction.

Chapter 5 Referendums

Part 1 Referendum to pass legislation

35 Citizens may propose laws by requisition

1. At least 3 citizens may present a written requisition to the Lord's Council praying to enact a bill as a law of Gabon.
2. Any citizen who signed the requisition may transmit it to any councillor.
3. In this section—
   bill includes a bill to amend this constitution.
   requisition means a document signed by the relevant citizens with the full text of the bill sought to be enacted.

36 Councillor must present requisition

1. Any councillor who receives a written requisition under this Part must cause the requisition to be transmitted to the Lord's Council within 24 hours of receiving the requisition.
2. A councillor who fails to comply with this section commits an offence.

Maximum penalty—10,000 Gabonese Francs.

37 Council must call referendum

1. This section applies where the Lord's Council has received a written requisition under this Part.
2. The Lord's Council must then, as soon as practicable, cause a referendum to be held on the topic of whether to enact the bill as a law of Gabon.

38 Effect of successful referendum

1. This section applies where a referendum held under this Part achieves a three-quarters supermajority.
2. The bill immediately becomes part of the law of Gabon.
3. For all purposes, the bill is taken to have been passed by the Lord's Council.

Part 2 Referendum to remove an executive administrator

39 Definitions

In this Part—

executive administrator means a person holding an office created by Chapter 2 or Chapter 3.

40 Removal for misbehaviour

1. At least 3 citizens may present a written requisition to the Lord's Council praying to remove an executive administrator.
2. Any citizen who signed the requisition may transmit it to any councillor.

41 Councillor must present requisition

1. Any councillor who receives a written requisition under this Part must cause the requisition to be transmitted to the Lord's Council within 24 hours of receiving the requisition.
2. A councillor who fails to comply with this section commits an offence.

Maximum penalty—10,000 Gabonese Francs.

42 Council must call referendum

1. This section applies where the Lord's Council has received a written requisition under this Part.
2. The Lord's Council must then, as soon as practicable, cause a referendum to be held on the topic of whether to remove the executive administrator from office.

43 Effect of successful referendum

1. This section applies where a referendum held under this Part achieves a two-thirds majority.
2. The Lord's Council must, as soon as practicable, cause an election to replace the executive administrator to be held in accordance with the voting procedure established by this Act.
3. But subsection (2) does not apply where the executive administrator was a member of the Lord's Council.

Note—
See section 24 (Vacancies) for how members of the Lord's Council are replaced.

Part 3 Conducting referendums

44 Electoral Commission to conduct referendums

When the Electoral Commission receives a command from the Lord's Council to conduct a referendum, it must conduct that referendum.

45 Referendums to be conducted like elections

The Electoral Commission is to conduct a referendum using the provisions for elections in Chapter 6.

Chapter 6 Elections

Part 1 Electoral Commission

46 Establishment of Electoral Commission

There is an electoral commission known as the Electoral Commission of Gabon.

47 Constitution of Electoral Commission

Until the Lord's Council otherwise provides, the Electoral Commission is constituted by the Lord High Chancellor, the Vice Chancellor and a person appointed by the Lord High Chancellor.

48 Elections must be held

The Electoral Commission must hold elections—

1. every 2 months for the Lord's Council; and
2. as required by this Constitution.

Part 2 Electoral provisions

49 Eligible voters

All persons who are citizens of Gabon at the opening of the polls are eligible to vote.

50 Advertisement of elections

The Electoral Commission must—

1. prior to the opening of the polls, designate a building within Gabon to be the polling station; and
2. within a reasonable time after designating the polling station, cause advertising material to be placed within the polling station; and
3. declare in an announcement channel in the Gabon Discord that the polls are open, the dates of the polls and the name of the designated polling station.

51 Counting ballots

1. After the close of polling, the Electoral Commission must cause the votes to be counted.
2. As soon as possible after the votes have been counted, the Electoral Commission must inform the citizens of Gabon of the results of the election.
3. Citizens take office once the election results have been declared.

52 Lord's Council may make further provisions

The Lord's Council may make further provisions for the conduct of elections.

Part 3 Elections for the Lord's Council

53 Application

This Part applies only to ordinary elections for the Lord's Council.

54 Timing of elections for Lord's Council

The Electoral Commission must open the polls at 9 am on the nearest Friday to the election date and close the polls at 5 pm on the nearest Sunday.

55 Councillors to remain for election

1. This section applies while an election is underway.
2. The members of the Lord's Council are taken to continue in office past the expiration of their terms as acting councillors until the election results are declared.

Chapter 7 Miscellaneous

56 Official language

The official language of Gabon is English.

57 Official currency

The official currency of Gabon is the Gabonese Franc.

58 Official timezone

The official timezone of Gabon is Greenwich Mean Time.

Chapter 8 Transitional provisions

Part 1 Executive administration transition

59 Definitions

In this Part—

former Act means the Chancellery Act 2019.

60 Repeal

The former Act is repealed.

61 Lord High Chancellor continues

The Lord High Chancellor as established by section 4 of the former Act continues in the position established by section 2 of this Constitution.

62 Vice Chancellor continues

The Vice Chancellor as established by section 8 of the former Act continues in the position established by section 2 of this Constitution.

63 Councillors continue

All members of the Lord's Council as established by section 10 of the former Act continue as members of the Lord's Council established by section 3 of this Constitution.

Part 2 Electoral matters

64 Councillors deemed to expire later

Notwithstanding any other section, the term of office for all members of the Lord's Council is taken for all purposes to expire on 1 December 2020 following the ratification of this Constitution.

Endnotes:

This Act was originally tabled to His Excellency's Council on 5 November 2020.

This Act was enacted by His Excellency with the advice of the Lord's Council, and entered into force, on 6 November 2020.