Which individuals/positions may be subject to the recall?

According to article 59(7) of the Constitution, recall elections do “not apply to a member of the Maneaba during any period when he is holding or acting in the office of Beretitenti [ie President], Kauoman-ni-Beretitenti or any other Minister, or Attorney-General.”

Referenda (Amendment) Act 1992 extends the application of recall elections to members of Local Councils.

Article 11A of the Local Government Act 1984, as introduced by the Article 3 of the Local Government Amendment Act 1987, provides for ‘Vacation of Seat after Petition and Referendum’ of local government councillors.   

The Constitution of Kiribati

(Adopted in July 1979, last amended in 1995)

http://www.paclii.org/ki/legis/consol_act/cok257/

(Recall)

Vacation of seat after petition andreferendum, Article 59.

(1) Subject to theprovisions of subsections (6) and (7) of this section. if the Speaker receivesa petition calling for the removal of an elected member of the Maneaba ni Maungatabusigned by a majority of the persons who were registered as electors, at thetime of the last election of that member, in the electoral district from whichthat member was last elected, he shall send the petition forthwith to theElectoral Commission.
(2) The Electoral Commission shall, as soon as practicable after receipt of apetition under the preceding subsection, conduct a referendum to determinewhether the member named in the petition should vacate his seat in the Maneaba.
(3) No person shall be entitled to vote in a referendum under this sectionunless he was registered as an elector, at the time of the last election of themember named in the petition, in the electoral district from which that memberwas last elected.
(4) If in a referendum under this section a majority of those entitled to votein that referendum vote for the removal from the Maneaba of the member named inthe petition, that member shall vacate his seat in the Maneaba forthwith.
(5) Where a member vacates his seat in the Maneaba under the precedingsubsection, a by-election shall be held within 3 months (unless the Maneaba issooner dissolved) to fill that seat in the Maneaba.
(6) No action shall be taken on a petition delivered to the Speaker under thissection until the expiration of 6 months following-

(a) the lastoccasion on which the member named in the petition was elected to the Maneaba;or

(b) the date ofany referendum held under this section which determined that the member namedin the petition was not required to vacate his seat in the Maneaba undersubsection (4) of this section.

(7) This sectionshall not apply to a member of the Maneaba during any period when he is holdingor acting in the office of Beretitenti, Kauoman-ni-Beretitenti or any otherMinister, or Attorney-General.

Referendum(Amendment) Act 1992

(Enactedin 1992)

http://www.paclii.org/ki/legis/num_act/ra1992168/

EXPLANATORY MEMORANDUM

The main purpose of this Act is to makeprovision for the holding of a referendum in relation to the vacation of theseat of an elected member of an Island Council in the manner indicated inSection 11A of the Local Government Act 1984.

Local Government (Amendment) Act 1989

(Enacted 1989)

http://www.paclii.org/ki/legis/num_act/lga1989262/

2. Section 11(2)of the Local Government Act 1984 (hereinafter referred to as 'theprincipal Act') is hereby amended by adding the following –

'(f) if hevacates his seat pursuant to section 11A of this Act'.

№ 2 OF 1984, Local Government Act 1984

(Enacted 1984, last amended in 2006)

http://www.clgfpacific.org/images/campaign/54/file/Kiribati%20Local%20Government%20Act.pdf

11A. Vacation of seat after petition andreferendum22

(1) A petition may be presented to theChief Electoral Officer calling for the removal of an elected member of acouncil signed by a majority of the persons who are qualified as electors underthe Elections Ordinance in the electoral ward from which that member was lastelected.

(2) The Chief Electoral Officer shall assoon as practicable after receipt of a petition under the preceding subsection,conduct a referendum to determine whether the member named in the petitionshould vacate his seat in the Council.

(3) No person shall be entitled to vote ina referendum under this section unless he is qualified as an elector under theElections Ordinance in the electoral ward from which the member was lastelected.

(4) If in a referendum under this sectiona majority of those entitled to vote in that referendum vote for the removalfrom the Council of the member named in the petition, that member shall vacatehis seat.

(5) Where a member vacates his seat in thecouncil under the preceding subsection, a by-election shall be held within 3months to fill that seat in the council.

(6) No action shall be taken on a petitiondelivered to the Chief Electoral Officer under this section until the expirationof three months following—

(a) the last occasion on which the membernamed in the petition was elected to the council; or

(b) the date of anyreferendum held under this section which determined that the member named inthe petition was not required to vacate his seat in the council undersubsection (4) of this section.