REPUBLIC OF VANUATU

OFFICE OF THE OMBUDSMAN

PUBLIC REPORT

ON THE

FAILURE OF 53 LEADERS TO FILE
ANNUAL RETURNS TO THE
CLERK OF PARLIAMENT
BY 1 MARCH 2000

20/09/2001

0170/2001/07

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PUBLIC REPORT ON THE FAILURE OF 53 LEADERS
TO FILE ANNUAL RETURNS TO THE CLERK OF PARLIAMENT

SUMMARY
The Ombudsman is issuing this Public Report to show how 53 leaders failed to observe and follow the law. Section 31 of the Leadership Code Act states that all leaders must submit their annual returns to the Clerk of Parliament by 1 March each year or within 2 months of becoming a leader by using the Annual Returns Form that is found in the Schedule of the Act.

The Official Gazette of 2000 Annual Returns showed that 61 leaders failed to file their annual returns to the Clerk of Parliament. The names of these leaders can be found in Appendix C. However, after due enquiry by the Ombudsman, it was found that 7 of the leaders listed in the Official Gazette were no longer occupying the leadership positions specified on the list.

The Ombudsman commenced an enquiry into these 53 leaders who failed to file their annual returns under section 34 (1) of the Leadership Code Act. Section 34 (1) of the Act states that the Ombudsman must investigate and report on the conduct of a leader that may have breached the Leadership Code.

The Ombudsman found that some leaders are not aware of their duty to file Annual Returns to the Clerk of Parliament each year before 1 March. This is in spite of the fact that the Leadership Code was enacted in 1998. Also despite numerous public awareness workshops throughout on the role of leaders.

The Ombudsman also found that some leaders are not aware that the Clerk of Parliament has no legal obligation to send them the forms. It is the duty of the leaders to get the forms and submit their annual returns to Parliament. The Clerk has a obligation under the law to ensure that the leader's returns are published in the Official Gazette together with a list of the leaders who failed to file returns.

The Ombudsman also found that the Clerk of Parliament is not kept informed by the administration of the public offices concerned when new appointments were being made pursuant to section 5 of the Leadership Code Act, and/or when the leaders cease to hold such positions. 

The Ombudsman found that 53 of the 61 leaders mentioned in the Official Gazette of the 2000 Annual Returns failed to file their annual return and allegedly breached the Leadership Code Act.

The Ombudsman recommends that persons who are appointed to hold positions of leadership pursuant to section 5 of the Leadership Code Act must be informed of their legal obligations under the Act and any other laws affecting their duties and responsibilities by the administrations responsible for the positions that they occupy.

The Ombudsman recommends that the Police Commissioner consider this report and open an enquiry for further investigation, pursuant to the provisions of the Leadership Code Act.

Accordingly the Ombudsman further recommends that the Public Prosecutor decide within 3 months of receiving the report whether there are sufficient grounds to support prosecution under the Leadership Code.

With the review of the Leadership Code Act due by end of 2001, the Ombudsman envisages amendments to s34 to enhance procedural proficiency, as well as provisions that will permit verification of annual returns.

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TABLE OF CONTENTS

SUMMARY
1.	JURISDICTION
2.	PURPOSE, SCOPE OF INVESTIGATION AND METHODS USED
3.	RELEVANT LAWS AND REGULATIONS VANUATU
4.	OUTLINE OF EVENTS
5.	RESPONSES BY THOSE WITH FINDINGS AGAINST THEM
6.	FINDINGS
7.	RECOMMENDATIONS
8.	CONCLUSION
9.	INDEX OF APPENDICES

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1.	JURISDICTION

1.1	The Constitution and the Leadership Code allow the Ombudsman to look into the conduct of government agencies and Leaders. For the purposes of this report, the Leadership Code Act gives authority to the Ombudsman to enquire into the conduct of leaders who failed to file their annual returns to the Clerk of Parliament by 1st March 2000. Leaders who fail to file their annual returns are in breach of s 31 and 33 of the Leadership Code Act.

2.	PURPOSE, SCOPE OF INVESTIGATION AND METHODS USED

2.1	The purpose of this report is to provide an opportunity for you to respond to its contents and, if possible, to resolve outstanding issues before this Office issues a public report. 

2.2	The scope of this investigation is to establish the facts about why some leaders failed to file their annual returns by 1st March 2000 as required by the Leadership Code Act. This is also to determine whether these leaders have breached the Code and require further investigation by the Police and prosecution by the Public Prosecutor as required by the provisions of the LCA.

2.3	This Office collects information and documents by informal request, summons, letters, interviews and research.

3.	RELEVANT LAWS, REGULATIONS AND RULES

3.1	CONSTITUTION

Article 67 of the Constitution gives the definition of a leader. The full text of this article can be viewed in Appendix 'A'.

3.2	LEADERSHIP CODE ACT
Section 5 of the above Act expands upon the list of leaders in the Constitution. The full text of this section can be viewed in Appendix 'B'.

Part 4 of the Act provides for the provision of annual returns. Each leader named in the Constitution and the Code is required to submit his annual return by 1 March in each year or within 2 months of becoming a leader.

By 14 March each year, all annual returns filed by leaders must be published in the Official Gazette along with a list of leaders who have failed to file their returns.

A leader who fails to file a return is guilty of a breach of the code.

The full text of Part 4 of the Code can be viewed in Appendix 'B'.

Part 5 of the Code refers to the provisions for the investigation and prosecution of leaders. The Ombudsman is required to investigate the conduct of any leader that may have breached the Code. The Ombudsman is then required to issue a report on the matter. The report is forwarded to the Police Commissioner and Public Prosecutor for further investigation and prosecution. The full text of Part 5 of the Code can be viewed in Appendix 'B'.

4.	OUTLINE OF EVENTS

4.1	On 17th November 2000, the Ombudsman commenced an enquiry into 61 leaders whose names appeared in the Official Gazette for failing to file their annual returns to the Clerk of Parliament. A copy of the list published in the Official Gazette can be viewed in Appendix 'C'. These leaders have been divided into five main categories after giving their reasons to the Ombudsman for not filing any annual returns in 2000. They are:

(iii)	Leaders who claimed not to have received an annual return form to complete and submit to the Clerk of Parliament;

(iii)	Leaders who submitted their annual returns after the final deadline due to other reasons;

(iii)	Leaders who claimed to have left from their official positions as leaders at the time when they were required to file their annual returns;

(iv)	Leaders who did not file any annual returns but responded to the Ombudsman's enquiry and;

(v)	Leaders who did not file any annual returns and who did not respond to the Ombudsman's enquiry.

LEADERS WHO CLAIMED NOT TO HAVE RECEIVED AN ANNUAL RETURN FORM TO FILL IN AND SUBMIT TO THE CLERK OF PARLIAMENT

4.2	On 17th November 2000, Mr William Tari, First Political Advisor in the Ministry of Foreign Affairs, informed the Ombudsman that he did not receive an annual return form from the Clerk of Parliament. Therefore he did not submit his annual return. Based on this, he has reason to believe that he has not breached the Leadership Code Act.

4.3	On 20th November 2000, Mrs Roslyn Tor, the Director in the Department of Women's Affairs, responded to the Ombudsman enquiry stating that she did not receive an annual return form from the Clerk of Parliament to fill in and submit. She made enquiries to the Clerk of Parliament's Office for this form and they informed her that they would make a form available to her. She did not receive this form after this so she forgot about it and thus did not file her annual return.

4.4	On 22nd November 2000, Mr John Niroa, member of the Education Selection Board, responded to the Ombudsman's enquiry stating that he is a member of the Scholarship and Vanuatu National Selection Boards. He was contacted by the office of the Clerk of Parliament informing him that he should fill in a form that was sent to him by the Ministry of Education. He did not receive the form and therefore he did not file an annual return.

4.5	On 28th November 2000, Mr Gilbert Dinh Van Than, Chairman of the Air Vanuatu Board of Directors, responded to the Ombudsman's enquiry by stating that he did not receive a form to fill in therefore he did not submit an annual return.

4.6	On 5th December 2000, Mr Simeon Tukuvira, member of the Penama Provincial Council responded to the Ombudsman's enquiry by stating that he did not receive a form to fill in therefore he did not submit an annual return.

4.7	On 19th December 2000, Mr David Markenson, Member of the Board of Vanuatu Commodities Marketing, responded to the Ombudsman's enquiry by stating that he did not receive an annual return form therefore he did not submit an annual return. He stated that this was due to communication problems.

4.8	On 13th March 2001, the Ombudsman received a response to his enquiry from 
Mr Lino Watas, Councillor in the Penama Provincial Council. He stated that he did not receive a form from the Clerk of Parliament to fill in and submit. He also ceased to be a councillor for the Province on 15th September 2000.

LEADERS WHO SUBMITTED THEIR ANNUAL RETURNS AFTER THE FINAL DEADLINE DUE TO OTHER REASONS.

4.9	On 20th November 2000, Mr. Joseph Laloyer, Chairman of the Board of the National Tourism Office, responded to the Ombudsman's enquiry by stating that his annual return is the same as the one he submitted to the Clerk of Parliament in 1999 and he had advised the Clerk of this in July 2000.

4.10	On 20th November 2000, Dr Hervé Collard, member of the Health Practitioners Board, responded to the Ombudsman's enquiry by stating that he only received the annual return form in July 2000. However, he did not know where to send it to therefore he did not submit it. We advised him to submit it to the Clerk of Parliament. He also stated that in his opinion, the Government should send the documents to him instead of him trying to get the documents himself.

4.11	On 28th November 2000, the Ombudsman received a response from Mrs Cathy Doris, Nominated Member of the Torba Provincial Council. She stated that she had submitted her annual return in March 2000 but after the due date. This is because she lives far away from the Torba Province Headquarters so she received her form late. There was no telephone to inform the Clerk that her annual return was going to be late.

4.12	On 28th November 2000, Mr Philip N Shing, Member of the Tafea Provincial Council, responded to the Ombudsman's enquiry by stating that he received his annual return form on 4th March 2000. The Vanair agent on Aneityum, Thawina Daniel, was coming to Port Vila on 7th March 2000 so he gave the form to him to deliver while in Port Vila. He thought the form was delivered but when he went to Isangel for the May Council Meeting, he received a warning letter from the Clerk of Parliament to submit his annual return. He rang the office of the Clerk and they advised that they did not receive his original annual return form. He asked them to fax him another copy and he was able to fill it and resubmit at the same time.

4.13	On 28th November 2000, the Ombudsman received a response from Mr Kalmer Vocor, Deputy Lord Mayor of the Luganville Municipal Council, stating that he had submitted his annual return to the Clerk of Parliament earlier that year. As he did not mention the date he claimed to have submitted his returns, the Ombudsman assumes that it was after the 1st March 2000 deadline.

4.14	On 15th December 2000, the Ombudsman received a response from Mr Stanislas Etul, Second Political Advisor in the Ministry of Foreign Affairs in which he provided a copy of his annual return. He had submitted his annual return on 13th July 2000, after the final deadline.

LEADERS WHO CLAIMED TO HAVE LEFT FROM THEIR OFFICAL POSITIONS AS LEADERS AT THE TIME THEY WERE REQUIRED TO SUBMIT THEIR ANNUAL RETURNS

4.15	On 20th November 2000, Mr Ken Harris, Former Member of the Board of Directors of National Tourism Office, responded to the Ombudsman's enquiry by stating that he ceased to be a member of the Board in November 1999. Mr David Martins at the Le Meridien replaced him on the Board.

4.16	On 20th November 2000, Mr Thomas Simon whose name was published in the Official Gazette to be a member of the Education Selection Board, responded to the Ombudsman's enquiry by stating that he is not a member of the Board as stated in the Gazette. He never received any letter of appointment to be on the Board. He had informed the Board of this.

4.17	On 23rd November 2000, Mr Martin Tete whose name was published in the Official Gazette to be the Director of the Department of Provincial Affairs, responded to the Ombudsman's enquiry. He stated that he was no longer the Director of Provincial Affairs. Mr Bob Loughman, his successor, received his appointment letter from the Public Service to be the Director of Provincial Affairs as of 27th April 1999. Due to this appointment, it is Mr Loughman who is obliged to submit his returns and not Mr Tete as he is no longer the Director.

4.18	On 24th November 2000, Mr Derek French, Former Member of the Board of National Tourism Office responded to the Ombudsman's enquiry by stating that he ceased to be a member of the Board in 1999. He had resigned from this position in 1999 and his successor is Mr Willie Wilson. The National Tourism Office failed to inform the Clerk of Parliament of this change.

LEADERS WHO DID NOT FILE ANY ANNUAL RETURNS BUT RESPONDED TO THE OMBUDSMAN'S ENQUIRY

4.19	On 23rd November 2000, Mr Jean-Paul Virelala, Managing Director of Air Vanuatu Operations Limited, responded to the Ombudsman's enquiry by stating that he forgot to file his annual return for that year. However, the information on his annual return did not differ to that which he submitted in 1999. That is, he has not acquired nor sold any assets.

4.20	On 23rd November 2000, the Ombudsman received information that Mr Rene Ah Pow, Member of the Board of Vanuatu Chamber of Commerce was overseas at the time when the Ombudsman sent the letter of enquiry. We did not receive any further information from Mr Ah Pow after this information was received.

4.21	On 30th November 2000, Mr Jacob Isaiah, former Director of Statistics, responded to the Ombudsman's enquiry that from June 1999 to end of January 2000, the Public Service Commission appointed someone to replace him as the Director of Statistics. His position was not clear until February 2000 when he was transferred to the Civil Registration Department. Furthermore, he did not receive an annual return form to fill in.

4.22	On 17th April 2001, the Ombudsman received a response from Mr Jacques Nauka, Member of the Teaching Service Commission. He stated that since he was appointed to the Commission, he was not aware of the responsibility to submit his annual return as a leader to the Clerk of Parliament. During the end of 2000, he did not attend any of the Commission's meetings therefore he was not aware of or did not receive our letters of enquiry. He only attended the Commission's meeting that was held on 6th April 2001 when he received the Ombudsman's letter of enquiry.

LEADERS WHO DID NOT FILE ANY ANNUAL RETURNS AND DID NOT RESPOND TO THE OMBUDSMAN'S ENQUIRY

4.23	The Ombudsman did not receive a response to his enquiries from:

i.	Mr Kalvao Moli, Vice-Chairman of the Board of Vanuatu Broadcasting and Television Corporation.

ii.	Mr Steven Jacob, Member of the Board of Vanuatu Broadcasting and Television Corporation.

iii.	Mr Gabriel Mermer, Member of the Board of Vanuatu National Housing Corporation.

iv.	Mr Wenestin Bule, Member of the Board of National Housing Corporation.

v.	Mr Ulrick Meltevirfer, Member of the Board of the National Housing Corporation.

vi.	Mr Kaloi Wabaiat, Member of the Board of National Housing Corporation.

vii.	Mr Rene Haoul, Member of the Board of National Housing Corporation.

viii.	Mr Alfred Hosea, Member of the Board of National Tourism Office.

ix.	Mr Lucien Litoung, Member of the Board of Vanuatu Commodities Marketing.

x.	Mr Jimmy Moli Member of the Board of Vanuatu Chamber of Commerce.

xi.	Mr Willie Naripo, Member of the Board of Vanuatu Chamber of Commerce.

xii.	Mr Michael Harkin, Member of the Board of Vanuatu Chamber of Commerce.

xiii.	Mr Sandy Kalvine, Member of the Board of Vanuatu Commodities Marketing Board.

xiv.	Mr Samson Bue, Member of the Board of Vanuatu Commodities Marketing.

xv.	Mr Sam Lop, Member of the Board of Vanuatu Commodities Marketing Board

xvi.	Mr Micah Dominique, Member of the Board of Vanuatu Commodities Marketing Board.

xvii.	Mr Mark Bebe, Director of the Department of Finance.

xviii.	Mr Steven Bong Kakae, Youth Representative of the Malampa Provincial Council.

xix.	Mr Vaty Frederick, Youth Representative of the Malampa Provincial Council.

xx.	Mr Kalsi Kallowen, Chief Representative of the Malampa Provincial Council.

xxi.	Mrs Loren Solomon, Member of the Malampa Provincial Council.

xxii.	Mrs Rossie Patterson, Women's Representative of the Malampa Provincial Council.

xxiii.	Mr August Donald, Member of the Malampa Provincial Council.

xxiv.	Mr Martin Maltock, Member of the Malampa Provincial Council.

xxv.	Mr Peter Isno, Member of the Malampa Provincial Council.

xxvi.	Mr Wakon Joeben, Member of the Malampa Provincial Council.

xxvii.	Mr Kerbie Norman, Member of the Malampa Provincial Council.

xxviii.	Mr Remo Tevigogon, Member of the Penama Provincial Council.

xxix.	Mr Godfrey Rereman, Councilor of the Torba Provincial Council.

xxx.	Mr Jean-Batiste Buleban, Member of the Vanuatu National Cultural Council.

xxxi.	Mr Willie Tasaruru, Chairman of the Teaching Service Commission.

xxxii.	Mr Christopher Karu, Secretary of the Teaching Service Commission.

xxxiii.	Mr Alfred Carlot, Member of the Teaching Service Commission.

xxxiv.	Mr Kaltang Sakari, Member of the Teaching Service Commission.

xxxv.	Mr Jonathan Sesai, Member of the Air Vanuatu Board of Directors.

xxxvi.	Mr Ignace Liatlatmal, Member of the Air Vanuatu Board of Directors.

xxxvii.	Mr Charley Pakoa, Member of the Vanair Board of Directors.

xxxviii	Mr Jimmy Roy, Member of the Vanair Board of Directors.

xl.	Mr Dickinson Vusi, Member of the Vanair Board of Directors.

5	RESPONSES BY THOSE WITH COMPLAINTS AGAINST THEM

5.1	A Working Paper on this matter was issued on 4 June 2001 in accordance with Article 62 (4) of the Constitution which states that the Ombudsman must give an opportunity to those complained of an opportunity to respond to the findings made against them.

5.2	On 7 June 2001, the Ombudsman received a response from Mr Joseph Jacobe, Member of the Chamber of Commerce. He stated that he submitted his annual return to the Clerk of Parliament before 1 March last year, 2000. He personally delivered the form to Beverly at the Parliament House.

5.3	On 7 June 2001, the Ombudsman received a response from Mr Rene Ah Pow, Member of the Chamber of Commerce. He stated that he did not receive an annual return form in order for him to submit his annual return. He does not consider this important as they are voluntarily members only of the Chamber of Commerce. He has resigned from the Board due to this.

5.4	On 8 June 2001, Ms Roslyn Tor, former Director of the Women’s Affair Department, informed the Ombudsman that she did not receive an annual return form in March 2000. Therefore, sometimes in March 2000, she rang the Parliament House to enquire about this. They advised that a form will be sent to her but she still did not receive a form. It is why she did not submit her annual return last year.

5.5	On 8 June 2001, the Ombudsman received a response from Dr Hervé Collard, Member of the Health Practitioner’s Board. He stated that he was overseas in January 2000. He only received his annual return form in July 2000 and on 10 July 2000 he submitted his annual return to the Clerk of Parliament. 

5.6	On 8 June 2001, the Ombudsman received a response from Mr Stanislas Etul, 2nd Political Advisor in the Ministry of Education. He stated that he submitted his annual return to the Clerk of Parliament in July 2000. This is because in February 2000, they moved out of the VNPF building to go to the new building for the Ministry of Foreign Affairs. During this time, it was hard to monitor mail coming to the office. As such he did not file his annual return until the Clerk of Parliament sent him a notice.

5.7	On 8 June 2001, the Ombudsman was informed by Mr Kaloi Wabaiat, Member of the National Housing Corporation Board that he was appointed as a member of the Board on 26 May 1999. This appointment was to last for three years. However, since his appointment, he was never approached to attend a Board meeting. He is also not aware if his appointment is still valid. When we made further enquiry into the matter, we were informed by the National Housing Corporation Head Office that there is no longer a Board member for the NHC.

5.8	On 11 June 2001, the Ombudsman was informed by the Director of the Vanuatu National Cultural Council that Mr Jean-Baptiste Buleban ceased to be a Member of the Council in 1999. As such he was not required to file his annual return in 2000.

5.9	On 12 June 2001, the Ombudsman received a response from Mr Rene Haoul, Member of the National Housing Corporation Board. He stated that he was appointed as a member of the Board in 1999 but no Board meeting was held. He had approached the office of the former Deputy Prime Minister, Hon Willie Jimmy and he was informed that the Council of Ministers had terminated their appointment. However, he never received his letter of termination.

5.10	On 15 June 2001, the Ombudsman received a response from Mr Godfrey Rereman, Councillor of the Torba Provincial Council. He stated that he received his annual return form from the Clerk of Parliament in April 2000. He filled it in and posted it at the Post Office in Sola. He does not know what happened to it afterwards. Unfortunately he did not make a copy of the form because the photocopy machine at the Provincial Head Office was not working.

5.11	On 18 June 2001, the Ombudsman received a response from Mrs Cathy Doris, Women’s Representative on the Torba Provincial Council. She stated that she received the annual return form from the Clerk of Parliament on 6 March 2000. She completed the form and sent it back to the Clerk of Parliament on 7 March 2000.

5.12	On 18 June 2001, the Ombudsman received a response from Mr Sam Lop, former Member of the Vanuatu Commodities Marketing Board. He stated that he did not receive any annual return form to complete and he is not sure whether the Clerk of Parliament sent him a form.

5.13	On 19 June 2001, the Ombudsman received a response from Mr Michael J Harkin, Member of the Vanuatu Chamber of Commerce. He stated that he had resigned as a Member of the Chamber prior to his departure from Vanuatu in January 2000. He was therefore, no longer a leader and not obliged to file his annual return.

5.14	On 29 June 2001, Pastor Philip Shing informed the Ombudsman that he received his annual return form on 4 March 2000. On 7 March 2000 he gave the completed form to Mr Thawina Daniel who was coming to Port Vila. Mr Daniel gave the form to Mr Samana (deceased), Vanair Agent in Port Vila. The envelope was addressed to the Parliament. In May 2000 when he went to Tanna for a Council meeting, he received a notice from Parliament. He rang the Parliament House then and they faxed him a copy of the annual return form which he was able to complete and send back on that same day.

5.15	On 2 July 2001, the Ombudsman received a response from Mr Ulrick Meltevirfer, member of the National Housing Corporation Board. He stated that since his appointment, the Board never met. The NHC Head Office informed the Ombudsman that there was no Board for the NHC.

5.16	On 4 July 2001, the Ombudsman received a response from Mr Alfred Hosea, Member of the National Tourism Office Board. He stated that he filed his annual return in 1999 but not in 2000. He thought that he only had to file his annual return once. He did not receive an annual return form in 2000 so he did not know that he had to file his annual return again. He also informed the Ombudsman that his appointment on the Board of NTO has expired on 22 April 2001.

5.17	On 18 July 2001, the Ombudsman received a response from Mr Bob Loughman, Director of Provincial Affairs. He stated that he did not receive an annual return form from the Clerk of Parliament. This is the reason why he did not submit his annual return. 

5.18	On 23 August 2001, the Ombudsman received a response from Mr Wenestin Bule, member of the National Housing Corporation Board. He stated that he was appointed to the Board by Hon Vincent Boulekone when he was the Minister of Internal Affairs. Since his appointment, there was never a Board meeting held. He was also not informed of whether his appointment has been terminated. Further enquiry by the Ombudsman to the National Housing Corporation that there was no Board constituted for the Corporation.

6	FINDINGS

Finding 1:	LEADERS ARE NOT AWARE OF THEIR DUTY TO FILE ANNUAL RETURNS BY 1 MARCH EACH YEAR OR WITHIN TWO MONTHS OF BECOMING A LEADER 

6.1	From the responses we have received from the leaders, it shows that most leaders are not aware that they are required to submit annual returns to the Clerk of Parliament by 1 March each year or within two months of becoming a leader. Leaders must understand that according to section 31 of the Leadership Code, it is not the duty of the Clerk of Parliament to send out the Annual Return Forms. The Clerk of Parliament’s duty is to receive the annual return forms from the leaders and ensure that they are published in the Official Gazette by 14 March each year. 

Finding 2:	THE CLERK OF PARLIAMENT IS NOT GIVEN AN UPDATE OF WHO THE LEADERS ARE 

6.2	After carrying out this enquiry, the Ombudsman found that there were some persons who either resigned from their positions as leaders or were not leaders as stated in the Official Gazette by the Clerk of Parliament. 

Finding 3:	MR WILLIAM TARI MAY HAVE BREACHED THE LEADERSHIP CODE ACT 

6.3	Mr William Tari was the 1st Political Advisor in Ministry of Foreign Affairs. He is a leader under section 5 (d) of the Leadership Code Act. As a leader he is expected to observe and comply with section 31 of the Leadership Code Act. 

Mr Tari was found to have breached section 31 and 33 of the Leadership Code. He failed to file his annual return to the Clerk of Parliament for 2000. Mr Tari argued that he did not receive an annual return form from the Clerk of Parliament. The reason given was blatantly unreasonable because the Clerk is not bound by law to send out the annual return forms to leaders. It is the legal duty of a leader to obtain and submit their annual return each year to the Clerk. 

Due to the above, Mr Tari may have breached the Leadership Code Act.

Finding 4:	MS ROSLYN TOR MAY HAVE BREACHED THE LEADERSHIP CODE ACT

6.4	Mrs Roslyn Tor was the Director in the Department of Women’s Affairs. She was a leader under section 5 (I) (ii) of the Leadership Code Act. As a leader, she was expected to observe and comply with section 31 of the Leadership Code Act.

Mrs Tor was found to have breached sections 31 and 33 of the Leadership Code. She failed to file her annual return to the Clerk of Parliament for 2000. Mrs Tor argued that she did not receive an annual return form from the Clerk of Parliament. The reason given was blatantly unreasonable because the Clerk is not bound by law to send out the annual return forms to leaders. It is the legal duty of a leader to obtain and submit their annual return each year to the Clerk.

Mrs Tor is found to have breached the Leadership Code Act.

Finding 5:	MR JOHN NIROA MAY HAVE BREACHED THE LEADRSHIP CODE ACT

6.5	Mr John Niroa is a member of the Education Selection Board. He is a leader under section 5 (f) of the Leadership Code Act. As a leader, he is expected to observe and comply with section 31 of the Leadership Code Act.

Mr Niroa was found to have breached section 31 and 33 of the Leadership Code. He failed to file his annual return to the Clerk of Parliament for 2000. Mr Niroa argued that he did not receive an annual return form from the Clerk of Parliament. The reason given was blatantly unreasonable because the Clerk is not bound by law to send out the annual return forms to leaders. It is the legal duty of a leader to obtain and submit their annual return each year to the Clerk.

Due to the above, Mr Niroa may have breached the Leadership Code Act. 

Finding 6:	MR GILBERT DINH VAN THAN MAY HAVE BREACHED THE LEADERSHIP CODE ACT

6.6	Mr Gilbert Dinh Van Than is the Chairman of the Air Vanuatu Board of Directors. He is a leader under section 5 (I) (I) of the Leadership Code Act. As a leader, he is expected to observe and comply with section 31 of the Leadership Code Act.

Mr Than was found to have breached section 31 and 33 of the Leadership Code. He failed to file his annual return to the Clerk of Parliament for 2000. Mr Than argued that he did not receive any annual return form from the Clerk of Parliament. The reason given was blatantly unreasonable because the Clerk is not bound by law to send out the annual return forms to leaders. It is the legal duty of a leader to submit their annual return each year to the Clerk.

Due to the above, Mr Than may have breached the Leadership Code Act.

Finding 7:	MR SIMEON TUKUVIRA MAY HAVE BREACHED THE LEADERSHIP CODE ACT

6.7	Mr Simeon Tukuvira is a member of the Penama Provincial Council. He is a leader under section 5 (b) of the Leadership Code Act. As a leader, he is expected to observe and comply with section 31 of the Leadership Code Act.

Mr Tukuvira was found to have breached section 31 and 33 of the Leadership Code. He failed to file his annual return to the Clerk of Parliament for 2000. Mr Tukuvira argued that he did not receive an annual return form from the Clerk of Parliament. The reason given was blatantly unreasonable because the Clerk is not bound by law to send out the annual return forms to leaders. It is the legal duty of a leader to submit their annual return each year to the Clerk.

Due to the above, Mr Tukuvira may have breached the Leadership Code Act.

Finding 8:	MR DAVID MARKENSON MAY HAVE BREACHED THE LEADERSHIP CODE ACT 

6.8	Mr David Markenson is a member of the Board of Vanuatu Commodities Marketing. He is a leader under section 5 (f) of the Leadership Code Act. As a leader, he is expected to observe and comply with section 31 of the Leadership Code Act.

Mr Markenson was found to have breached sections 31 and 33 of the Leadership Code. He failed to file his annual return to the Clerk of Parliament for 2000. Mr Markenson argued that he did not receive an annual return form from the Clerk of Parliament. The reason given was blatantly unreasonable because the Clerk is not bound by law to send out the annual return forms to leaders. It is the legal duty of a leader to submit their annual return each year to the Clerk.

Due to the above, Mr Markenson may have breached the Leadership Code Act.

Finding 9:	MR LINO WATAS MAY HAVE BREACHED THE LEADERSHIP CODE ACT

6.9	Mr Lino Watas was a Councilor of the Penama Provincial Council. He was a leader under section 5(b) of the Leadership Code Act. As a leader, he is expected to observe and comply with section 31 of the Leadership Code Act.

Mr Watas was found to have breached section 31 and 33 of the Leadership Code. He failed to file his annual return to the Clerk of Parliament for 2000. Mr Watas argued that he did not receive an annual return form from the Clerk of Parliament. The reason given was blatantly unreasonable because the Clerk is not bound by law to send out the annual return forms to leaders. It is the legal duty of a leader to submit their annual return each year to the Clerk.

Due to the above, Mr Watas may have breached the Leadership Code Act. 

Finding 10:	MR JOSEPH LALOYER MAY HAVE BREACHED THE LEADERSHIP CODE ACT

6.10	Mr Joseph Laloyer is the Chairman of the Board of the National Tourism Office. He is a leader under section 5 (f) of the Leadership Code Act. As a leader, he is expected to observe and comply with section 31 of the Leadership Code Act.

Mr Laloyer was found to have breached section 31 and 33 of the Leadership Code. He failed to file his annual return to the Clerk of Parliament by 1 March 2000. Mr Laloyer argued that his annual return was the same to the return he filed in 1999 and he had advised the Clerk of this in July 2000. The reason given was blatantly unreasonable because he is required by the Code to file his return by 1 March in each year.

Due to the above, Mr Laloyer may have breached the Leadership Code Act.

Finding 11:	DR HERVE COLLARD MAY HAVE BREACHED THE LEADERSHIP CODE ACT

6.11	Dr Hervé Collard is a member of the Health Practitioners Board. He is a leader under section 5 (f) of the Leadership Code Act. As a leader, he is expected to observe and comply with section 31 of the Leadership Code Act.

Dr Collard was found to have breached section 31 and 33 of the Leadership Code. He failed to file his annual return to the Clerk of Parliament by 1 March 2000. Dr Collard argued that he only received his form in July 2000. Furthermore, he did not know where to send the completed form to. The reason given was blatantly unreasonable because as a leader, he has a legal duty to submit his annual return.

Due to the above, Dr Collard may have breached the Leadership Code Act.

Finding 12:	MRS CATHY DORIS MAY HAVE BREACHED THE LEADERSHIP CODE ACT

6.12	Mrs Cathy Doris is a nominated member of the Torba Provincial Council. She is a leader under section 5 (b) of the Leadership Code Act. As a leader, she is expected to observe and comply with section 31 of the Leadership Code Act.

Mr Doris was found to have breached section 31 and 33 of the Leadership Code. She failed to file her annual return to the Clerk of Parliament for 2000. Mrs Doris argued that she received the annual return form from the Clerk of Parliament after 1 march 2000. The reason given was blatantly unreasonable because the Clerk is not bound by law to send out the annual return forms to leaders. It is the legal duty of a leader to submit their annual return each year to the Clerk.

Due to the above, Mrs Doris may have breached the Leadership Code Act.

Finding 13:	MR PHILIP N SHING MAY HAVE BREACHED THE LEADERSHIP CODE ACT.

6.13	Mr Philip Shing is a member of the Tafea Provincial Council. He is a leader under section 5 (b) of the Leadership Code Act. As a leader, he is expected to observe and comply with section 31 of the Leadership Code Act. 

Mr Shing was found to have breached section 31 and 33 of the Leadership Code. He failed to file his annual return to the Clerk of Parliament for 2000. Mr Shing argued that he received the annual return form from the Clerk of Parliament after 1 March 2000. The reason given was blatantly unreasonable because the Clerk is not bound by law to send out the annual return forms to leaders. It is legal duty of a leader to submit their annual return each year to the Clerk.

Due to the above, Mr Shing may have breached the Leadership Code Act.

Finding 14:	MR KALMER VOCOR MAY HAVE BREACHED THE LEADERSHIP CODE ACT.

6.14	Mr Kalmer Vocor is the Deputy Lord Mayor of the Luganville Municipality. He is a leader under section 5 (c) of the Leadership Code Act. As a leader, he is expected to observe and comply with section 31 of the Leadership Code Act.

Mr Vocor was found to have breached sections 31 and 33 of the Leadership Code. He failed to file his annual return to the Clerk of Parliament by 1 March 2000. Mr Vocor argued that he submitted his annual return to the Clerk of Parliament earlier in 2000. As the exact date was not mentioned, the Ombudsman assumes that it was after 1 March 2000.

Due to the above, Mr Vocor may have breached the Leadership Code Act.

Finding 15:	MR STANISLAS ETUL MAY HAVE BREACHED THE LEADERSHIP CODE ACT

6.15	Mr Stanislas Etul was the 2nd Political Advisor in the Ministry of Foreign Affairs. He is a leader under section 5 (d) of the Leadership Code Act. As a leader, he is expected to observe and comply with section 31 of the Leadership Code Act.

Mr Etul was found to have breached section 31 and 33 of the Leadership Code. He failed to file his annual returns to the Clerk of Parliament by 1 March 2000. Mr Etul argued that he submitted his annual return to the Clerk of Parliament in July 2000. As it was after the legal deadline, Mr Etul may have breached the Leadership Code Act.

Finding 16:	MR DAVID MARTINS MAY HAVE BREACHED THE LEADERSHIP CODE ACT

6.16	Mr David Martins replaced Mr Ken Harris on the Board of Directors of the National Tourism Office. He is therefore a leader under section 5 (f) of the Leadership Code Act. As a leader, he is expected to observe and comply with section 31 of the Leadership Code Act. 

Mr Martins was found to have breached sections 31 and 33 of the Leadership Code. He failed to file his annual return to the Clerk of Parliament within 2 months of becoming a leader. It is the legal duty of a leader to submit their annual return by 1 March each year to the Clerk of Parliament or within two months of becoming a leader.

Due to the above, Mr Martins may have beached the Leadership Code Act. 

Finding 17:	MR BOB LOUGHMAN MAY HAVE BREACHED THE LEADERSHIP CODE ACT

6.17	Mr Bob Loughman replaced Mr Martin Tete as the Director of Provincial Affairs. He is therefore a leader under section 5 (i) (iii) of the Leadership Code Act. As a leader, he is expected to observe and comply with section 31 of the Leadership Code Act.

Mr Loughman was found to have breached section 31 and 33 of the Leadership Code. He failed to file his annual return to the Clerk of Parliament within 2 months of becoming a leader. It is the legal duty of a leader to submit their annual return by 1 March each year to the Clerk of Parliament or within two months of becoming a leader.

Due to the above, Mr Loughman may have breached the Leadership Code Act.

Finding 18:	MR WILLIE WILSON MAY HAVE BREACHED THE LEADERSHIP CODE ACT

6.18	Mr Willie Wilson replaced Mr Derek French on the Board of National Tourism Office. He is therefore a leader under section 5 (f) of the Leadership Code Act. As a leader, he is expected to observe and comply with section 31 of the Leadership Code Act.

Mr Wilson was found to have breached sections 31 and 33 of the Leadership Code. He failed to file his annual return to the Clerk of Parliament within 2 months of becoming a leader. It is the legal duty of a leader to submit their annual return by 1 March each year to the Clerk of Parliament or within two months of becoming a leader.

Due to the above, Mr Wilson may have breached the Leadership Code Act. 

Finding 19:	MR JACOB ISAIAH MAY HAVE BREACHED THE LEADERSHIP CODE ACT.

6.19	Mr Jacob Isaiah is the Director of the Civil Status Department. He is a leader under section 5 (I) (ii) of the Leadership Code Act. As a leader, he is expected to observe and comply with section 31 of the Leadership Code Act.

Mr Isaiah was found to have breached sections 31 and 33 of the Leadership Code. He failed to fill his annual returns to the Clerk of Parliament for 2000. Mr Isaiah argued that he did not receive the annual return form from the Clerk of Parliament. Furthermore, his appointment as the Director of the Civil Status in February 2000. The reason given was blatantly unreasonable because the Clerk is not bound by law to send out the annual return forms to leaders. It is the legal duty of a leader such as Mr Isaiah to obtain and submit their annual return each year to the Clerk.

Due to the above, Mr Isaiah may have breached the Leadership Code Act.

Finding 20:	MR JEAN – PAUL VIRELALA MAY HAVE BREACHED THE LEADERSHIP CODE ACT. 

6.20	Mr Jean-Paul Virelala is the Managing Director of Air Vanuatu Operation Limited. He is a leader under section 5 (f) of the Leadership Code Act. As a leader, he is expected to observe and comply with section 31 of the Leadership Code Act.

Mr Virelala was found to have breached section 31 and 33 of the Leadership Code. He failed to file his annual return to the Clerk of Parliament for 2000. Mr Virelala argued that he forgot to file his annual return however, his return does not differ to the one he submitted in 1999. The reason given was unreasonable because it is the legal duty of a leader to submit their annual returns each year to the Clerk.

Due to the above, Mr Virelala may have breached the Leadership Code.

Finding 21:	MR RENE AH POW MAY HAVE BREACHED THE LEADERSHIP CODE ACT.

6.21	Mr Rene Ah Pow is a member of the Board for the Chamber of Commerce. He is a leader under section 5 (f) of the Leadership Code Act. As a leader, he has the legal duty of a leader to submit his annual return each year to the Clerk

Mr Ah Pow was found to have breached sections 31 and 33 of the Leadership Code. He failed to file his annual return to the Clerk of Parliament for 2000. It is the legal duty of a leader to submit their annual return each year to the Clerk. 

Due to the above, Mr Ah Pow may have breached the Leadership Code.

Finding 22:	MR JAQUES NAUKA MAY HAVE BREACHED THE LEADERSHIP CODE ACT

6.22	Mr Jaques Nauka is a member of the Teaching Service Commission. He is a leader under section 5 (v) of the Leadership Code Act. As a leader, he is expected to observe and comply with section 31 of the Leadership Code Act. 

Mr Nauka was found to have breached section 31 and 33 of the Leadership Code. He failed to file his annual return to the Clerk of Parliament for 2000. Mr Nauka argued that he was not aware of the annual return form they have to complete as leaders. The reason given was blatantly unreasonable because leaders are required to know and comply with laws and duties that affect them as leaders.

Due to the above, Mr Nauka may have breached the Leadership Code.

Finding 23:	THE FOLLOWING PERSONS WHO ARE LEADERS UNDER SECTION 5 (b) OF THE LEADERSHIP CODE ACT MAY HAVE BREACHED THE CODE.

6.23	The following persons are leaders under section 5(b) of the Leadership Code Act. As leaders, they are expected to observe and comply with section 31 of the Leadership Code Act.

These leaders were found to have breached section 31 and 33 of the Leadership Code. They failed to file their annual return to the Clerk of Parliament for 2000. It is the legal duty of a leader to submit their annual return each year to the Clerk.

Due to the above, these leaders may have breached the Leadership Code Act.

i.	Mr Steven Bong Kakae, Youth Representative of the Malampa Provincial Council 

ii.	Mr Vaty Frederick, Youth Representative of the Malampa Provincial Council

iii.	Mr Kalsi Kallowen, Chief Representative of the Malampa Provincial Council.

iv.	Mrs Loren Solomon, member of the Malampa Provincial Council

v.	Mrs Rosie Patterson, Women’s Representative of the Malampa Provincial Council.

vi.	Mr August Donald, member of the Malampa Provincial Council 

vii.	Mr Martin Maltock, member of the Malampa Provincial Council

viii.	Mr Peter Isno, member of the Malampa Provincial Council

ix.	Mr Wakon Joeben, member of the Malampa Provincial Council

x.	Mr Derbie Norman, member of the Malampa Provincial Council

xi.	Mr Remo Tevigogon, member of the Penama Provincial Council

xii.	Mr Godfrey Rereman, Councillor of the Torba Provincial Council

Finding 24:	THE FOLLOWING PERSONS WHO ARE LEADERS UNDER SECTION 5 (f) OF THE LEADERSHIP CODE ACT MAY HAVE BREACHED THE CODE.

6.24	The following persons are leaders under section 5 (f) of the Leadership Code Act. As leaders, they are expected to observe and comply with section 31 of the Leadership Code Act.

The leaders listed below were found to have breached sections 31 and 33 of the Leadership Code. They failed to file their annual returns to the Clerk of Parliament for 2000. It is the legal duty of a leader to submit their annual return each year to the Clerk.

Due to the above, these leaders are found to have breached the Leadership Code Act.

i.	Mr. Alred Hosea, member of the Board of the National Tourism Office.

ii	Mr.Lucien Litoung, member of the Board of the Vanuatu Chamber of Commerce.

iii.	Mr. Jimmy Moli, member of the Board of the Vanuatu Chamber of Commerce.

iv.	Mr. Willie Naripo, member of the Board of the Vanuatu Chamber of Commerce.

v.	Mr. Sandy Kalvin, member of the Board of the Vanuatu Commodities Marketing Board.

vi.	Mr. Sam Lop, member of the Board of the Vanuatu Commodities Marketing Board.

vii.	Mr Micah Dominique, member of the Board of the Vanuatu Commodities Marketing Board.

viii.	Mr. Jonathan Sesai, member of the Air Vanuatu Board of Director.

ix.	Mr Ignance Liatlatmal, member of the Air Vanuatu Board of Directors.

x.	Mr Charley Pakoa, member of the Vanair Board of Director 

xi.	Mr Jimmy Roy, member of the Vanair Board of Directors

xii.	Mr Willie Lop, member of the Vanair Board of Directors

xiii.	Mr Dickinson Vusi, member of the Vanair Board of Directors.

Finding 25:	THE FOLLOWING PERSONS WHO ARE LEADERS UNDER SECTION 5 (I) OF THE LEADERSHIP CODE ACT MAY HAVE BREACHED THE CODE.

6.25	The following persons are leaders under section 5 (I) and (ii) of the Leadership Code Act. As leaders, they are expected to observe and comply with section 31 of the Leadership Code Act.

These leaders were found to have breached sections 31 and 33 of the Leadership Code. They failed to file their annual return to the Clerk of Parliament for 2000. It is the legal duty of a leader to submit their annual return each year to the Clerk.

Due to the above, these may have breached the Leadership Code:

i.	Mr. Kalvau moli, Vice Chairman of the Vanuatu Broadcasting and Television Corporation.

ii.	Mr Steven Jacob, member of the Vanuatu Broadcasting and Television Corporation.

iii.	Mr Mark Bebe, Director of Finance.

Finding 26:	THE FOLLOWING PERSONS ARE LEADERS UNDER SECTION 5 (v) OF THE LEADERSHIP CODE ACT AND MAY HAVE BREACHED THE CODE

6.26	The persons listed below are leaders under section 5 (v) of the Leadership Code Act. As leaders, they are expected to observe and comply with section 31 of the Leadership Code Act. 

However these leaders were found to have breached sections 31 and 33 of the Leadership Code. They failed to file their annual returns to the Clerk of Parliament for 2000. It is the legal duty of a leader to submit their annual returns each year to the Clerk.

Due to the above, these leaders may have breached the Leadership Code:

i.	Mr Willie Tasaruru, Chairman of the Teaching Service Commission.

ii.	Mr Christopher Karu, Secretary of the Teaching Service Commission.

iii.	Mr Alfred Carlot, member of the Teaching Service Commission.

iv.	Mr Kaltang Sakari, member of the Teaching Service Commission. 

Finding 27:	LEADERS WHO WERE NOT OBLIGED TO FILE ANY ANNUAL RETURNS

6.27	The following persons were found by the Ombudsman to have finished from their positions of leadership prior to 1 March 2000 or their status as leaders was not clear. Since they are no longer leaders, they are not obliged to file their annual returns and therefore, have not breached the Leadership Code Act. These persons are:

Mr Michael Harkin, former Member of the Chamber of Commerce,
Mr Jean Batiste Buleban, former member of the Vanuatu National Cultural Council,
Mr Kaloi Wabaiat, former member of the National Housing Corporation Board,
Mr Rene Haoul, former member of the National Housing Corporation Board,
Mr Ulrick Meltevirfer, former member of the National Housing Corporation Board,
Mr Wenestin Bule, former member of the National Housing Corporation Board,
Mr Gabriel Mermer, former member of the National Housing Corporation Board and
Mr Thomas Simon.

7.	RECOMMENDATIONS

The Ombudsman makes these recommendations following the above findings:

7.1	The Public Service Commission must advise the Clerk of Parliament of any new appointment or termination of persons holding leadership positions in the Public Service.

7.2	The Administration of the Provincial Government must also advise the Clerk of Parliament of the names of new elected Council Members after each provincial election.

7.3	The Ministries of Government who are given powers under the Acts of Parliament to make appointments and terminations of members of statutory bodies, should also advise the Clerk of Parliament on the names of persons who are appointed and terminated each time that is a change.

7.4	Persons who are appointed to any leadership positions must ensure that they are informed of their responsibilities and duties that are required of them under the Leadership Code Act and any other laws that affect the position that they occupy. They must be aware that it is their duty to file their annual returns to the Clerk of Parliament by 1 March each year or within 2 months of becoming a leader using the prescribed form in the Schedule of the Code. 

7.5	The Public Prosecutor must consider this report in accordance with section 35 of the Code and refer the matter to the Police Commissioner within 14 days if she thinks a further investigation is needed to support prosecution.

7.6	On receiving this report, the Police Commissioner receives, he must carry out an inquiry within 60 days and forward his report to the Public Prosecutor as required by section 36 of the Code.

7.7	The Public Prosecutor (PP) must decide on prosecution within 3 months of receiving the report according to section 37 (1) of the Code. Pursuant to s37(1) of the Leadership Code Act, the PP must decide to prosecute within 3 month after receiving the report from the Commissioner of Police.

7.8	With the review of the Leadership Code Act due by end of 2001, the Ombudsman envisages amendments to s34 to enhance procedural proficiency, as well as provisions that will permit verification of annual returns.

8.	CONCLUSION

8.1	Those persons who are leaders must ensure that they observe and comply with the provisions of the Leadership Code Act. It is an obligatory duty and responsibility of each leader to obtain an annual return form, complete it and submit it to the Clerk of Parliament. Failure to submit annual returns each year is a breach of the Code. It is blatantly unreasonable and inexcusable for leaders who said they have not broken the law purely because they did not receive the Annual Return form, therefore they were unable to send in their returns to the Clerk of Parliament.

Dated the 20th September 2001.

Hannington G. ALATOA
OMBUDSMAN OF THE REPUBLIC OF VANUATU

9.	INDEX OF APPENDICES

A.	Constitution

B.	Leadership Code Act No.2 of 1998

C.	Copy of the list that appeared in the Official Gazette of leaders who failed to file their annual returns

----------------------------

Appendix ‘A’

CONSTITUTION OF THE REPUBLIC OF VANUATU

CONDUCT OF LEADERS

DEFINITION OF A LEADER

5.	For the purposes of this Chapter, a leader means the President of the Republic, the Prime Minister and other Ministers, members of Parliament, and such public servants, officers of Government agencies and other offices as may be prescribed by law.

Appendix ‘B’

LEADERSHIP CODE ACT
NO.2 OF 1998

LEADERS

5.	In addition to the leaders referred to in Article 67 of the Constitution, the following are declared to be leaders:

…………

(b)	elected and nominated members of local government councils
(c)	elected and nominated members of municipal councils
(d)	political advisors to a Minister
(e)	directors-general of ministries and directors of departments
(f)	members and the chief executive officers (however described) of the boards and statutory authorities
(g)	chief executive officers of secretaries-general of local governments
………………..
(i)	persons who are:
(i)	directors of companies or other bodies corporate wholly owned by the Government
(ii)	appointed as directors by the Government
………………..
(v)	members of the Teaching Service Commission

PART 2 – DUTIES OF LEADERS

DUTIES OF LEADERS

13.	(1)	A leader must:

(a)	comply with and observe the law

(b)	comply with and observe the duties obligations and responsibilities established by this Code or any other enactment that affects the leader

OBEYING THE LAW

28.	A leader acting in his or her capacity as a leader who fails to abide by an enactment that imposes on the leader a duty, obligation, or responsibility is in breach of this Code.

PART 4 – ANNUAL RETURNS

ANNUAL RETURNS

31.	(1)	Every leader must complete an annual return for the proceeding year setting out details of the leader’s assets and liabilities in accordance with the form in the Schedule.

(2)	The annual must be given to the Clerk of the Parliament:

(a)	within 2 months of becoming a leader; and

(b)	by 1 March in each year.

(3)	The annual return must set out details, listed in subsection (4), of the assets and liabilities of:

(a)	the leader; and

(b)	the leader’s spouse and children where feasible

(c)	any trust of which the leader or the leader’s spouse or children are a beneficiary where feasible.

(4)	The details to be set out in the annual return are:

(a)	all land and other property (except one family home);
(b)	all vehicles (except one family vehicle);
(c)	all shares in public or private companies;
(d)	all income;
(e)	all liabilities;
(f)	directorships in corporations
(g)	all directorships or other officer held in unincorporated bodies;
(h)	any assets acquired of disposed of during the period covered by the return
(i)	any liabilities acquired of discharged during the period covered by the return.

(5)	The details must include assets within and outside Vanuatu.

(6)	The leader is not required to include:

(a)	any liabilities to respect of the family home ; or

(b)	the personal effects of the leader and his or her spouse and children.

PUBLICATION OF ANNUAL RETURNS

32. (1)	The Clerk must ensure that:

(a)	annual returns filed by the leaders; and

(b)	a list of leaders who have failed to give the Clerk an annual return are published in the Gazette, by 14 March in each year.

(2)	The list must set out the leader’s name, and the position he or she holds.

FAILURE TO FILE ANNUAL RETURN

33.	A leader who:

(a)	does not file an annual return as required by section 31, and after having been warned by the Clerk in writing of his failure to do so, fails to file the return within a further 14 days; or

(b)	files a return knowing that it is false in a material particular;

is guilty of a breach of this Code.

PART 5 – INVESTIGATION AND PROSECUTION OF LEADERS

ROLE OF OMBUDSMAN

34. (1)	The Ombudsman must investigate and report on the conduct of a leader (other than the President:

(a)	if the Ombudsman receives a complaint from a person that a leader has breached this Code; or

(b)	if the Ombudsman has formed the view on reasonable grounds that leader may have breached this Code.

(2)	The Ombudsman must give a copy of the report to the Public Prosecutor and where, in the opinion of the Ombudsman, the complaint involves criminal misconduct, to the Commissioner of Police within 14 days after forwarding his or her findings to the Prime Minister under Article 63 (2) of the Constitution.

(3)	Where an Act provides for the functions, duties, and powers of the Ombudsman the provisions of that Act will apply when the Ombudsman is carrying out an investigation under this Act.

(4)	Notwithstanding subsection (3) for purpose of fulfilling any function or duty lawfully conferred or imposed on the Ombudsman under this Act, the Ombudsman:

(a)	shall have full access at all convenient times to Government contracts, documents, books, accounts and any other material that relates to and is relevant to the investigation; and

(b)	may, by notice in writing signed by the Ombudsman require any person having possession or control of any Government contract, documents, books, accounts or any other material that relates to and is relevant to the investigation to deliver such document or documents to the Ombudsman at such time and place as is specified in the notice; and

(c)	may cause extracts to be taken from any Government contract, documents, books, accounts or any other material that relates to and is relevant to the inquiry without paying any fee therefor.

(5)	Where a person fails to comply with a police or any other requirement under subsection (4) the Ombudsman may apply to the Supreme Court for an order requiring that person to do so.

(6)	Where the complaint is against the Ombudsman the investigation will be carried out by the Attorney General were vested with all the functions, duties and powers of the Ombudsman.

PUBLIC PROSECUTOR TO CONSIDER OMBUDSMAN’S REPORT

35. (1)	The Public Prosecutor must:

(a)	consider the report; and
(b)	if within 14 days of receiving the report, is of the opinion that further investigation is required, refer the report to the Commissioner of Police for that purpose; and
(c)	after receiving the results of the investigation, decide whether there are sufficient grounds to prosecute the leader or any other person.

(2)	If, after considering the report under subsection 1 (a), or after considering the results of the investigation under subsection 1 (c), the Public Prosecutor decides the complaint is vexatious, frivolous or trivial the Public Prosecutor may determine not to prosecute a leader. If the Public Prosecutor does decide not to prosecute on those grounds he or she must follow the procedure set out in section 37 (3).

(3)	Where the complaint is against the Public Prosecutor the Attorney General will carry out the duties and obligations of the Public Prosecutor in accordance with the procedure set out in this Part.

INVESTIGATION BY POLICE AFTER A COMPLAINT

36. (1)	Where the Commissioner of Police receives a report under section 34 (2), the Commissioner must:

(a)	ensure that the police force investigates the complaint; and

(b)	within 60 days of the complaint being made:

(i)	forward the results of the investigation to the Public Prosecutor, if the Commissioner is of the view that there is sufficient evidence to support a prosecution; or

(ii)	if the Commissioner is not satisfied of this, inform the complainant in writing of this decision and the reasons for that decision and provide a copy to the decision and reasons to the Public Prosecutor.

(2)	If the person making the complaint to the Ombudsman requests the Ombudsman in writing not to publish that person’s name, the Ombudsman must provide a copy of that request to the Commissioner who must ensure that the person’s name is not disclosed to anyone other than:

(a)	another member of the police force; or
(b)	the Public Prosecutor
(c)	in accordance with a court order

PUBLIC PROSECUTOR TO DECIDE ON PROSECUTION

37. (1)	The Public Prosecutor must decide within 3 months of receiving the report, whether there are sufficient grounds or evidence to support a prosecution under this Code or under any other Act.

(2)	The Public Prosecutor may decide not to prosecute only on the basis that there is insufficient grounds or evidence to support a prosecution, or that the complaint is vexatious, frivolous, or trivial.

(3)	If the Public Prosecutor decides not to prosecute a person, he or she must:

(a)	notify the Prime Minister of the decision within 7 days of making the decision, giving reasons for the decision; and

(b)	publish a notice in the Gazette within 14 days of the decision, stating that he or she has decided not to prosecute, and setting out the reasons for the decision.

PROCEEDINGS AGAINST LEADER

38. (1)	If the Public Prosecutor decides that there are sufficient grounds to support a prosecution, he or she must begin proceedings within one month of deciding to prosecute a leader.

(2)	If the Public Prosecutor is not able to begin proceedings against the leader, or has not been able to decide whether to prosecute or not, within 3 months because the matter is complex, the Public prosecutor must:

(a)	notify the Prime Minister of this, and tell the Prime Minister that he or she needs an extension of another 3 months to complete consideration of the matter; and

(b)	publish a notice in the Gazette to this effect.

(2)	The Public Prosecutor must decide the matter and either begin the proceedings, or publish the notice, before the end of that second period of 3 months.

CONDUCT OF PROCEEDINGS

39. (1)	Proceedings against a leader for a breach of this Code, or against another person under section 30, are to be conducted in the same way as any other criminal proceedings.

(2)	Proceedings under sections 45 and 46 are to be conducted in the same way as proceedings for the recovery of a debt or other property.

(3)	Proceedings under this Act may in the Court’s discretion, be heard by 3 judges sitting together.

LIST OF LEADERS WHO HAVE FAILED TO GIVE THE CLERK AND ANNUAL RETURN

LISTE DES HAUTES AUTORITES OUI N’ONT PAS REMIS AU SECRETAIRE GENERAL UNE DECLARATION ANNUELLE

1.	William Tari	First Political Advisor
Ministry of Foreign Affairs
Premier Conseiller Politique
Ministére de Affaires Etrangeres

2.	Stanislas Etul	Second Political Advisor
Ministry of Foreign Affairs
Deuxième Conseiller Politique
Ministère des Affaires Etrangeres

3.	Mark Bebe	Director
Department of Finance
Directeur
Service de Finances

4.	Roslyn Tor	Director
Department of Women’s Affairs
Directrice
Service des Affaires Féminines

5.	Martin Tete	Director (Acting)
Department of Provincial Affairs
Directeur (Intérim)
Services de Affaires Provinciales

6.	Jacob Issaiah	Director
Department of Civil Status
Directeur
Service de l’Etat Civil

7.	Christopher Karu	Secretary
Teaching Service Commission
Secrétaire
Commission du Service de l’Enseignement

8.	Willie Tasaruru	Chairman
Teaching Service Commission
Président
Commission du Service de l’Enseignement

9.	Jacques Nauka	Member
	Teaching Service Commission
	Membre
Commission du Service de l’Enseignment

10.	Kaltang Sakari	Member
	Teaching Service Commission
	Membre
Commission du Service de l’Enseignment

11.	Alfred Carlot	Member
Teaching Service Commission
Membre
Commission du Service de l’Enseignment

12.	Jean-Batiste Buleban	Member
Vanuatu National Cultural Council
Membre
Conseil National de la Culture de Vanuatu

13.	Dr Eric Collard	Member
Health Practitioners Board
Membre
Conseil des Medecins

14.	John Nirua	Member
Education Selection Board
Membre
Conseil de l’Orientation de l’Education

15.	Thomas Simeon	Member
Education Selection Board
Membre
Conseil de l’Iruebtatuib De l’Education

16.	Jean Paul Virelala	Managing Director
Air Vanuatu Operations Limited
Directeur Général
Air Vanuatu Operations Limited

17.	Gilbert Dinh Van Than	Chairman
Air Vanuatu Board of Directors
Président
Conseil d’Administration de Air Vanuatu

18.	Ignace Liatlatmal	Member
Air Vanuatu Board of Directors
Membre
Conseil d’Administration de Air Vanuatu

19.	Jonathan Sesai	Member
Air Vanuatu Board of Directors
Membre
Conseil d’Administration de Air Vanuatu

20.	Dickinson Vusi	Member
Vanair Board of Directors
Membre
Conseil d’Administration de Vanair

21.	Willie Lop	Member
Vanair Board of Directors
Membre
Conseil d’Administration de Vanair

22.	Jimmy Roy	Member
Vanair Board of Directors
Membre
Conseil d’Administration de Vanair

23.	Charley Pakoa	Member
Vanair Board of Directors
Membre
Conseill d’Administration de Vanair

24.	Micah Dominique	Member
Board of Vanuatu Commodities Marketing Board
Membre
Conseil d’Administration de l’Office de Commercialisation des Produits de Base

25.	David Markenson	Member
Board of Vanuatu Commodities Marketing Board
Membre
Conseil d’Administration de l’Office de Commercialisation des Produits de Base

26.	Samson Bue	Member
Board of Vanuatu Commodities Marketing Board
Membre
Conseil d’Administration de l’Office de Commercialisation des Produits de Base

27.	Sam Lop	Member
Board of Vanuatu Commodities Marketing Board
Membre
Conseil d’Administration de l’Office de Commercialisation des Produits de Base

28.	Sandy Kalvin	Member
Board of Vanuatu Commodities Marketing Board
Membre
Conseil d’Administration de l’Office de Commercialisation des Produits de Base

29.	Lucien Litoung	Member
Board of Vanuatu Commodities Marketing Board
Membre
Conseil d’Administration de l’Office de Commercialisation des Produits de Base

30.	Jimmy Moli	Member
Board of Vanuatu Chamber of Commerce
Membre
Conseil d’Administration de la Chambre de Commerce de Vanuatu

31.	Willie Naripo	Member
Board of Vanuatu Chamber of Commerce
Membre
Conseil d’Administration de la Chambre de Commerce de Vanuatu

32.	Rene Ah Pow	Member
Board of Vanuatu Chamber of Commerce
Membre
Conseil d’Administration de la Chambre de Commerce de Vanuatu

47.	Remo Tavigogon	Member
Penama Provincial Council
Membre
Conseil Provincial de Penama

48.	Lino Watas	Member
Penama Provincial Council
Membre
Conseil Provincial de Penama

49.	Steven Tukuvira	Member
Penama Provincial Council
Membre
Conseil Provincial de Penama

50.	August Donald	Member
Malampa Provincial Council
Membre
Conseil Provincial de Malampa

51.	Kerbie Norman	Member
Malampa Provincial Council
Membre
Conseil Provincial de Malampa

52.	Wakon Joeben	Member
Malampa Provincial Council
Membre
Conseil Provincial de Malampa

53.	Martin Maltock	Member
Malampa Provincial Council
Membre
Conseil Provincial de Malampa

54.	Peter Isno	Member
Malampa Provincial Council
Membre
Conseil Provincial de Malampa

55.	Loren Solomon	Member
Malampa Provincial Council
Membre
Conseil Provincial de Malampa

56.	Kalsi Kallowen	Chief Representative
Malampa Provincial Council
Représentant des Chefs
Conseil Provincial de Malampa

57.	Rosie Patterson	Women’s Representative
Malampa Provincial Council
Représentant des Chefs
Conseil Provincial de Malampa

58.	Vaty Frederick	Youth Representative
Malampa Provincial Council
Représentant des Chefs
Conseil Provincial de Malampa

59.	Steven Bong Kakae	Youth Representative
Malampa Provincial Council
Représentant des Jeunes
Conseil Provincial de Malampa

60.	Philip Shing	Member
Tafea Provincial Council
Membre
Conseil Provincial de Tafea

61.	Kalmer Vocor	Deputy Lord Mayor
Luganville Municipal Council
Maire Adjoint
Conseil Municipal de Luganville

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