Legal provisions for recall at national level

 TheConstitution 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 niMaungatabu signed by a majority of the persons who were registered as electors,at the time of the last election of that member, in the electoral district fromwhich that 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 determine whetherthe 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.