After each general election, the new-elected Maneaba ni Maungatabu (House of Assembly) nominates not less than three nor more than four of its own members to stand as candidates for President (Beretitenti). The voting public then elects the Beretitenti from among these candidates. On 22 June 2020, for the first election ever since 1979 Independence, two candidates only have been nominated — unless Section 32(2) of the Constitution writes “not less than 3”. On 17 June 2020, Judgment of Sir John Muria, the Chief Justice on Civil Case 56, allowed this reading of the Constitution. The elected Beretitenti appoints a Kauoman-ni-Beretitenti (vice-president) and up to ten other Cabinet Ministers from among the members of the Maneaba.
The Cabinet is the top decision-making body in Kiribati, through which all functions of the government get their authority. Parliament can undo Cabinet decisions through a vote of no confidence, triggering a new election.
The current Cabinet consists of the following Ministers:
Cabinet of Kiribati (since 2 July 2020)
Office
Officeholder
Beretitenti and Minister of Foreign Affairs and Immigration
The first nine ministers sworn in on 2 July 2020 at the State House in Bairiki (South Tarawa) and include Dr Teuea Toatu, Willie Tokataake, Ruateki Tekaiara, Ribanataake Awira, Dr Tinte Itinteang, Boutu Bateriki, Booti Nauan, Martin Moreti and Taabeta Teakaiao.
The remaining four ministers who are stranded in the outer islands, at their respective island, which include Alexander Teabo, Tarakabu Martin, Tekeeua Tarati and Mikarite Temari, have been sworn later.
Attorneys-General of Kiribati
In Kiribati, the Attorney-General is defined by section 42 of the Constitution as "the principal legal adviser to the Government."[1] The Constitution specifies: "No person shall be qualified to hold or to act in the office of Attorney-General unless he is qualified to practise in Kiribati as an advocate in the High Court."
The Attorney-General of Kiribati[1] was also until October 2016 a member of Cabinet of Kiribati and a member of the Maneaba ni Maungatabu as an ex-officio member of parliament. According to a 2005 source, the Attorney-General "is designated by the Republic of Kiribati as the Central Authority who shall have the responsibility and power to receive requests for mutual legal assistance."[2]
Maneaba ni Maungatabu, in Ambo (2000)The former House of Assembly, at Bairiki
In a Westminster system, the unicameral House of Assembly (Maneaba ni Maungatabu) has 45 members: 44 elected in single-seat and multi-seat constituencies; one appointed member from the Banaban community on Rabi Island in Fiji. The Attorney general was no longer an ex officio member. The elected members of the Maneaba ni Maungatabu serve four-year terms. The Speaker of the Maneaba ni Maungatabu is elected by the members of the Maneaba from outside of its membership. The total number of the Legisters is forty four from the island in Kiribati and one representative nominated from Rabi Council representing the people in Rabi island in Fiji.
All citizens of Kiribati are eligible to vote at the age of 18.
The Chapter VI of the Constitution of 1979 describes the Judiciary of Kiribati.
The judicial system consists of magistrates' courts, the High Court and the Kiribati Court of Appeal. The Beretitenti (President), acting in accordance with the advice of the Public Service Commission, makes all judicial appointments, and amongst them, the Chief Justice, the main judge of the High Court. The High Court is in Betio. Sir John Muria was the Chief Justice of Kiribati until his replacement by Bill Hastings in August 2021, after a 8 months vacancy. On 30 June 2022, Hastings was abruptly suspended from his office during the 2022 Kiribati constitutional crisis.
The Judicial Committee of the Privy Council in London, England has jurisdiction only if a case involves constitutional rights. Appeals are taken directly to the Judicial Committee of the Privy Council itself.
The People's Lawyer of Kiribati represents disadvantaged residents and those who are unable to access legal representation. Accordingly, the office represents clients in "Land, Civil and Criminal Matters and act for them in the Magistrates and High Court as well as the Court of Appeal." The position had long been filled by expatriate lawyers who were volunteering from either Australia or New Zealand with the "role...funded by the Australian Government through [the] Australian Volunteers International."[16][17] In 2015, the role of The People's Lawyer changed in that it was now filled by a Kiribati citizen: Raweita Beniata (male lawyer; 2015- ).[18][19]
The People's Lawyer of Kiribati (Incomplete Table)
Name
Term
Roger Bell (who established the office)[20][21][22]
Raweita Beniata[19][38] (1st I-Kiribati male citizen)
c. 2015-
Political conditions
Political parties have existed since 1965 but are more similar to informal coalitions in behaviour. They do not have official platforms or party structures. Most candidates formally present themselves as independents, then they joined one party at the first meeting of the House. The website of the House of Assembly explains that in this way:[39]
"There [were] four political parties in Kiribati, Boutokaan Te Koaua (BTK), Maurin Kiribati Party (MKP), Maneaban Te Mauri Party (MMP) and Kiribati Tabomoa Party. The parties are loose groupings rather than disciplined blocks, with little or no structure. Members may change allegiance on a number of occasions during their tenure. It is also common for members to vote according to the special interests of their electorate on certain issues."
A major source of conflict has been the protracted bid by the residents of Banaba Island to secede and have their island placed under the protection of Fiji. The government's attempts to placate the Banabans include several special provisions in the constitution, such as the designation of a Banaban seat in the legislature and the return of land previously acquired by the government for phosphate mining.
There is no solid tradition of formally organized political parties in Kiribati, even if the 2 first political parties were founded in 1965; they more closely resemble factions or interest groups with no formal platforms:
