Gazette of Cyberia

Catchpole "Kitchen" Cabinet executive order

2007-11-26T21:56:00.000-05:00

BY ORDER OF THE PRESIDENT OF THE VIRTUAL COMMONWEALTH
OF CYBERIA-

The Executive Order of 25/08/2007 is amended by-

(1) Amending 1. to read-

1. The Cabinet consists of the President and Deputy
President and may also include a Minister of Justice
and Administration, a Minister of State, a Minister of
Foreign Relations and a Minister of National Security.

PREVIOUS WORDING-
"1. The Cabinet consists of the President, Deputy
President, Minister of Justice and Administration,
Minister of State and Minister of Foreign Relations."

(2) Removing the wording of 1.5 so it is a blank
clause.

PREVIOUS WORDING-
"1.5 All Ministers must maintain, in conjunction with
the Minister of Justice and Administration, a website
describing, at minimum, their responsibilities. "

(3) Removing the wording of 2.2, 2.3 and 2.4 so that
they are blank clauses.

PREVIOUS WORDING-
"2.2 "Absence" means any period notified to the
Cabinet or when 48 hours elapse when the President
does not post to one of the following: the Forum, the
Assembly list, the Cabinet list or the FADC list."

"2.3 The Deputy President automatically assumes the
role of Acting President when the conditions in 2.1
[sic] are met."

"2.4 The Deputy President must notify the National
Assembly and the Cabinet before assuming the role of
Acting President."

(4) Adding the following clause-

4.2 The President may assume any of the roles and
responsibilities of the Minister of State.

(5) Removing 14.1 to 14.4.

PREVIOUS WORDING-
"14.1 The Chief Herald must be appointed by the
President, subject to confirmation by the National
Assembly."

"14.2 The Chief Herald must provide all government
organs with heraldic devices."

"14.2.1 Heraldic devices for government organs in the
executive branch must be developed in cooperation with
the organ in question."

"14.2.2 Heraldic devices for the National Assembly,
Supreme Court, independent commissions and agencies as
well as for provinces and localities must be developed
in cooperation with, and granted with the consent of,
the organ in question."

"14.3 The Chief Herald may regulate the granting,
use, display and design of heraldic devices in the
Commonwealth. "

"14.3.1 Any such regulations may be disallowed by the
President or the National Assembly."

"14.3.2 The Chief Herald must act in an unbiased
manner in the execution of his or her duties."

"14.4 The Office of the Chief Herald must be a
department directly under the President."

David Catchpole
President
Virtual Commonwealth of Cyberia

Terry Citizenship Bill

2007-09-09T14:42:00.000-04:00

POLL QUESTION: On the Terry Citizenship Bill of 2007 (cybersenate message 9586)?

CHOICES AND RESULTS
- Yes, 2 votes, 100.00%
- No, 0 votes, 0.00%
- Abstain, 0 votes, 0.00%
- Defer, 0 votes, 0.00%
- Show current results, 0 votes, 0.00%

INDIVIDUAL VOTES
- Yes
Oatney
Santucci
- No
- Abstain
- Defer

Cabinet confirmations

2007-09-09T14:37:00.000-04:00

Jack Santucci as Deputy President (confirmed 2-0): http://groups.yahoo.com/group/cybersenate/message/9628

David Oatney as Minister of Foreign Relations (confirmed 2-0): http://groups.yahoo.com/group/cybersenate/message/9629

David Catchpole as Minister of State (confirmed 2-0): http://groups.yahoo.com/group/cybersenate/message/9632

Cabinet Operations EC

2007-08-25T16:48:00.000-04:00

Mr. Speaker,

I issue the following Executive Order:

EXECUTIVE ORDER: CABINET OPERATIONS
August 25, 2007

1. The Cabinet consists of the President, Deputy President, Minister of Justice and Administration, Minister of State and Minister of Foreign Relations.

1.1 The Ministers are accountable to the President and to the National Assembly through the President.

1.2 Ministers must answer any question put to them in the National Assembly openly and honestly, except in cases of individual privacy or national security.

1.3 "Minister" includes the Deputy President.

1.4 "As directed" means as directed by the President.

1.5 All Ministers must maintain, in conjunction with the Minister of Justice and Administration, a website describing, at minimum, their responsibilities.

1.6 All Ministers must, when posting abroad in an official capacity, include their official title as well as a link to the Cyberian forum in their signature.

Deputy President
2. The Deputy President must serve as Acting President in the President's absence and generally assist the President as directed.

2.1 The Deputy President must assist the President with the coordination and administration of Cabinet business.

2.2 "Absence" means any period notified to the Cabinet or when 48 hours elapse when the President does not post to one of the following: the Forum, the Assembly list, the Cabinet list or the FADC list.

2.3 The Deputy President automatically assumes the role of Acting President when the conditions in 2.1 are met.

2.4 The Deputy President must notify the National Assembly and the Cabinet before assuming the role of Acting President.

Ministry of the Interior
3. The Minister of the Interior is responsible for the environment, federal policing and prisons, welfare systems including Social Security, the functions of the Patents Register, Cybercare, Cyberrail, the Geographical Mapping Agency, the Cyberian Energy Authority, the Economic Enterprise Agency and the administration of unorganised provinces. The Minister is also responsible for the federal budget and development of the national economic simulation.

3.1 The areas of responsibility of the Ministry of the Interior are temporarily handled by the President.

Ministry of State
4. The Minister of State is responsible for the upkeep of the Constitution, laws and register as detailed in chapter 210.101 of the Federal Code. He or she may host these at lawsvcc.4mg.com or a comparable provider. The Minister must undertake to block e-mail addresses from gathering by spambots.

4.1 The census consists of the names of all citizens, their e-mail addresses, political affiliations, and province or district of residence.

Ministry of Foreign Relations
5. The Minister of Foreign Relations is responsible for maintaining Cyberia's diplomatic contacts with other micronations, posting appropriate notices to foreign fora, co-ordinating the efforts of Cyberia's ambassadors, and heading the Foreign Affairs and Defense Council (FADC).

5.1 The FADC consists of the President, Deputy President, Minister of Foreign Relations and other citizens appointed by the President.

5.2 Appointments to the FADC are appointments to the presidential staff in terms of 5.28 of the Constitution.

5.3 The Minister of Foreign Relations must consult with the President before any negotiation on the government's behalf.

Ministry of Justice and Administration
6. The Minister of Justice and Administration is responsible for legal advice to the executive branch, advice on judicial appointments, federal prosecutions, acting as counsel for the federal government, providing the current Constitution, laws and census to the Minister of State, and the role of examiner under the Citizenship Screening Act 2002.

6.1 The Minister of Justice and Administration is independent when giving legal advice to the government where the President has a conflict of interest.

6.2 Opinions by the Minister of Justice and Administration must be based only on law and must be archived on the federal website.

6.3 The Minister of Justice and Administration is responsible for all parts of the federal website not administered by the Ministry of State.

Ministry of National Security
7. The Minister of National Security is responsible for the functions of the National Security Commission.

7.1 The Minister of National Security is responsible for the upkeep of the Cyberian Defense Force (CDF), liaison with its Chief of Staff, reporting to and advising the FADC on intermicronational military affairs.

7.2 The areas of responsibility of the Ministry of the Interior are temporarily handled by the President.

Presidential Succession
8. The order of succession to the Acting Presidency under 5.10 of the Constitution is the Deputy President and the other Ministers in the order they appear in section 1.

Vice-Ministers
9. Ministers may appoint and dismiss Vice-Ministers with the approval of the President. Vice ministers are not members of the Cabinet and may not act as Ministers except as directed.

Special Events
10. Any Minister may be tasked with Cyberia's participation in certain intermicronational events as directed.

International Conferences
11. Cyberia's delegates at international conferences are to be: the President, the Minister of Foreign Relations, other ministers designated for the purpose by the President, or delegates with the rank of ambassador appointed subject to legislative confirmation.

11.1 Cyberia's votes at such conferences are to be cast as directed by the President.

11.2 The President must inform the National Assembly of any international conference which Cyberia attends.

Executive Transparency
12. The membership of the Cabinet, including any presidential staff and advisers, is a matter of public record. Presidential staff may not exercise any executive or statutory powers, or give directions to any minister.

Membership Limits
13. The judges and the Electoral Commissioner must not serve as Cabinet members. Cabinet members may act as EC or as judges, but may not participate in the Cabinet while exercising judicial or electoral functions.

Chief Herald
14.1 The Chief Herald must be appointed by the President, subject to confirmation by the National Assembly.

14.2 The Chief Herald must provide all government organs with heraldic devices.

14.2.1 Heraldic devices for government organs in the executive branch must be developed in cooperation with the organ in question.

14.2.2 Heraldic devices for the National Assembly, Supreme Court, independent commissions and agencies as well as for provinces and localities must be developed in cooperation with, and granted with the consent of, the organ in question.

14.3 The Chief Herald may regulate the granting, use, display and design of heraldic devices in the Commonwealth.

14.3.1 Any such regulations may be disallowed by the President or the National Assembly.

14.3.2 The Chief Herald must act in an unbiased manner in the execution of his or her duties.

14.4 The Office of the Chief Herald must be a department directly under the President.

Clean Slate
15. All previous executive orders concerning Cabinet operations are hereby revoked.

Signed,

Michael Fors
President of the Commonwealth

Deportation Order: Login jack sheetz2

2007-08-18T15:04:00.001-04:00

Mr. Speaker,

I issue the following deporation order:

The forum login jack sheetz2, as well as the corresponding IP address, is hereby banned in accordance with law. I consider the user to be a threat against the peace and dignity of the Commonwealth.

Signed,

Michael Fors
President of the Commonwealth

Confirmation of Minister of Foreign Relations

2007-08-16T22:20:00.000-04:00

POLL QUESTION: Should David Oatney be Minister of Foreign Relations?

CHOICES AND RESULTS
- Yes, 2 votes, 100.00%
- No, 0 votes, 0.00%
- Abstain, 0 votes, 0.00%
- Defer, 0 votes, 0.00%
- Show current results, 0 votes, 0.00%

INDIVIDUAL VOTES
- Yes
Jack Santucci
David Oatney
- No
- Abstain
- Defer
- Show current results

Confirmation of Deputy President

2007-08-16T22:18:00.000-04:00

POLL QUESTION: Should Jack Santucci be Deputy President?

CHOICES AND RESULTS
- Yes, 2 votes, 100.00%
- no, 0 votes, 0.00%
- abstain, 0 votes, 0.00%
- defer, 0 votes, 0.00%
- show current results, 0 votes, 0.00%

INDIVIDUAL VOTES
- Yes
Jack Santucci
David Oatney
- no
- abstain
- defer
- show current results

Confirmation of Minister of State

2007-08-16T22:17:00.000-04:00

POLL QUESTION: Should David Catchpole be Minister of State?

CHOICES AND RESULTS
- Yes, 2 votes, 100.00%
- No, 0 votes, 0.00%
- Abstain, 0 votes, 0.00%
- Defer, 0 votes, 0.00%
- Show current results, 0 votes, 0.00%

INDIVIDUAL VOTES
- Yes
Jack Santucci
David Oatney
- No
- Abstain
- Defer
- Show current results

Terry Naturalization Bill

2007-08-16T22:13:00.000-04:00

Repeal of Chapter 130 by unanimous consent

2007-08-13T14:47:00.000-04:00

CHAPTER 130 DELETION BILL OF 2007

Be it enacted by the National Assembly of the Commonwealth of Cyberia;

1. that CFC Chapter 130 be repealed in its entirety.

Note: Chapter 130 is Cyberia's provision concerning the Raspur Community.

Temporary Cabinet appointments

2007-08-13T09:16:00.000-04:00

Mr. Speaker,

I make the following temporary Cabinet appointments, set to terminate on Saturday August 18th, 2007, or when the permanent appointments are approved.

Jack Santucci - Deputy President, Minister of Justice and Administration
David Oatney - Minister of Foreign Relations
David Catchpole - Minister of State

Signed,

Michael Fors
President of the Commonwealth

Signature of the Impeachable Offences Bill of 2007

2007-08-10T12:36:00.001-04:00

Mr. Speaker,

I sign the Impeachable Offenses Bill of 2007 into law.

----------
IMPEACHABLE OFFENCES BILL OF 2007

The National Assembly enacts Chapter 290 of the Federal Code as follows:

290.1 The following conduct constitutes an impeachable offence:

290.11 a serious violation of the Constitution or the law;

290.12 serious misconduct;

290.13 inability to perform the functions of office; or

290.14 failure to perform the functions of office.

290.2 When it appears to a court or another organ of state that an impeachable offence may been committed, they must communicate that fact to the National Assembly.

290.3 The National Assembly may suspend an impeached officer from office until the final decision on conviction or acquittal, but the suspension may neither be renewed nor continued longer than 28 days.

290.4 The common law of impeachment is abrogated in Cyberia.
----------

Signed,

Michael Fors
President of the Commonwealth

Impeachable Offenses Bill 2007

2007-08-08T11:58:00.000-04:00

POLL QUESTION: Should the Assembly consent to the Impeachable Offences Bill 2007? (cybersenate message 9318)

CHOICES AND RESULTS
- Yes, 2 votes, 66.67%
- No, 1 votes, 33.33%
- Abstain, 0 votes, 0.00%
- Defer, 0 votes, 0.00%
- Show current results, 0 votes, 0.00%

INDIVIDUAL VOTES
- Yes
Fors
Santucci
- No
Oatney
- Abstain
- Defer
- Show current results

The National Assembly enacts Chapter 290 of the Federal Code as follows:

290.1 The following conduct constitutes an impeachable offence:

290.11 a serious violation of the Constitution or the law;

290.12 serious misconduct;

290.13 inability to perform the functions of office; or

290.14 failure to perform the functions of office.

290.2 When it appears to a court or another organ of state that an impeachable offence may been committed, they must communicate that fact to the National Assembly.

290.3 The National Assembly may suspend an impeached officer from office until the final decision on conviction or acquittal, but the suspension may neither be renewed nor continued longer than 28 days.

290.4 The common law of impeachment is abrogated in Cyberia.

Cabinet Appointments

2007-08-07T13:41:00.000-04:00

Mr. Speaker,

I make the following Cabinet appointments:

Jack Santucci - Deputy President, Minister of Justice and Administration

David Catchpole - Minister of State

David Oatney - Minister of Foreign Relations

Signed,

Michael Fors
President of the Commonwealth

Temporary Appointment, Electoral Commissioner

2007-08-03T16:35:00.000-04:00

Mr. Speaker,

I hereby make a temporary appointment of Mr. Peter Krembs to the office of Electoral Commissioner. The appointment is set to terminate on August 15th, 2007.

Signed,

Michael Fors
Acting President

Signature of the Krembs Citizenship Bill of 2007

2007-08-03T16:25:00.000-04:00

Mr. Speaker,

I sign the Krembs Citizenship Bill of 2007 into law.

----------
Krembs Citizenship Bill of 2007

- Be it enacted by the National Assembly of the Virtual Commonwealth of Cyberia -

that Mr. Peter Krembs be granted citizenship in the Commonwealth.
---

Mr. Krembs has indicated that he wants to reside in the Federal District of Cyberia.
----------

Signed,

Michael Fors
Acting President

Signature of the Sovereignty Bill of 2007

2007-08-03T10:40:00.000-04:00

Mr. Speaker,

I sign the Sovereignty Bill of 2007 into law.

----------
SOVEREIGNTY BILL OF 2007

Be it enacted by the National Assembly of the Commonwealth of Cyberia,

280.1 The Treaty of Shirekeep has the force of law in Cyberia, conductand executive decisions inconsistent with the Treaty are invalid, andthe obligations imposed by it must be fulfilled.

280.2 The President must not, without the prior consent of the National Assembly:

280.21 revoke a deportation order against a prescribed individual;

280.22 fail to enforce a deportation order against a prescribedindividual; or

280.23 enter into negotiations by which this Commonwealth would accept conditions less favourable than those fixed by the Treaty of Shirekeep.

280.3 The President mist not exercise any form of clemency towards aprescribed individual except on 28 days notice and after hearing any objections by citizens of this Commonwealth to the proposed exerciseof clemency. This section does not apply during any time when martial law is in force.

280.4 In this Chapter, 'prescribed individual' means any person who signed and ratified the Treaty of Shirekeep or who is bound by itsprovisions who was not at the date of signature a citizen of thisCommonwealth, His Imperial Majesty the Kaiser of Shireroth or one ofHis Imperial Majesty's officers and subjects. The principle set down in Article 6 of the Treaty of Shirekeep applies to any prescribedindividual for the purposes of this chapter.
----------

Signed,

Michael Fors
Acting President

Signature of the Historical Provinces Reintroduction Bill of 2007

2007-08-03T10:23:00.000-04:00

Mr. Speaker,

I sign the Historical Provinces Reintroduction Bill of 2007.

----------
HISTORICAL PROVINCES REINTRODUCTION BILL OF 2007

Be it enacted by the National Assembly of the Commonwealth of Cyberia,

110.11 Cyberia's provinces are:BavaBelarCorlianaFeliciaRepublic of MattimeoMenetWindsor Islands110.12 Cyberia's federal districts are:Federal District of Cyberia
110.13 Cyberia's territories are:
Terra NovumFlotsom Island----------

Signed,

Michael Fors
Acting President

Naturalization of Pete Krembs

2007-08-01T03:42:00.000-04:00

POLL QUESTION: Should Pete Krembs be naturalized?

CHOICES AND RESULTS
- Yes, 3 votes, 100.00%
- No, 0 votes, 0.00%
- Abstain, 0 votes, 0.00%
- Defer, 0 votes, 0.00%
- Show current results, 0 votes, 0.00%

INDIVIDUAL VOTES
- Yes
Santucci
Fors
Oatney
- No
- Abstain
- Defer
- Show current results

Confirmation of Jack Santucci as Min. of Justice and Administration

2007-07-31T13:04:00.000-04:00

POLL QUESTION: Should Jack Santucci be Minister of Justice and Administration?

CHOICES AND RESULTS
- Yes, 2 votes, 66.67%
- No, 0 votes, 0.00%
- Abstain, 1 votes, 33.33%
- Defer, 0 votes, 0.00%
- View current results, 0 votes, 0.00%

INDIVIDUAL VOTES
- Yes
Santucci
Fors
- No
- Abstain
Oatney
- Defer
- View current results

Confirmaiton of Associate Justice

2007-07-27T02:01:00.000-04:00

Adam Graham by unanimous consent.

Temporary Appointment of Associate Justice

2007-07-24T16:43:00.000-04:00

Mr. Speaker,

I make a temporary appointment of Mr. Adam Graham to the position of Associate Justice of the Supreme Court. The temporary appointment is set to terminate on August 24th, 2007. Of course this temporary appointment will terminate automatically once the permanent appointment is confirmed.

Michael Fors
Acting President

Appointment of Associate Justice

2007-07-19T18:43:00.000-04:00

Mr. Speaker,

in accordance with section 6.3 of the constitution I hereby appoint Mr. Adam Graham to the position of Associate Justice of the Supreme Court.

Signed,
Michael Fors
Acting President

Catchpole v. Electoral Commissioner

2007-07-16T13:25:00.000-04:00

Interim Order

(1) The special legislative election fixed for 16 June is postponed for a further 48 hours from the the making of this order.

(2) The Acting President (himself or through a minister) is to advise A F de Andrade and L Reagan by email that they have a right to register as electors by subscribing to cybervote.

(3) The Court is to be informed immediately when Order 2 is implemented;

(4) This order is made without prejudice to any later objection that may be raised to the registration of these two citizens, which can be addressed in separate proceedings.

(5) The Court will publish its reasons within 24 hours.

Alan Grieve
Chief Justice

Reasons for Interim Order

The Interim Order is grounded on the first section of our constitution.

(1)
Quote:
1.1 RIGHT TO VOTE Everyone who is a citizen for the 28 days before election day has the right to vote.

It has become trite law in Cyberia to say that the constitution must be interpreted, under Section 16.19, in a way that promotes the purpose and objects of the Charter of Rights and that promotes the purpose and objects of the particular provision. Our law does not require that the purpose and objects be stated. It follows the right to vote guaranteed by Section 1.1 must be effective and all organs of state have a duty to make it effective.

Mt Catchpole submitted, correctly in our view, that a citizen who has never registered has never become an elector.

Quote:
1.6.8 In this Constitution 'elector' means a citizen who is eligible to vote and has registered as an elector.

Mt Catchpole also submitted, equally correctly in our view, that the Nonvoters provision only touches electors, not citizens generally.

Quote:
1.9 NONVOTERS Every elector who does not vote in a regular general election must show reasonable cause for not voting to the Electoral Commissioner within 21 days or forfeit their citizenship by operation of law.

Citizens who are not electors cannot vote. The two citizens who are the subjects of the Interim Order have, as an ancillary to the right to vote, the right to know that there is a registration requirement. While all organs of state have a general duty to make rights effective by informing citizens of their rights, it appears that none of the constitution, the federal code or the executive order, make any provision for a particular organ of state to have a specific duty to advise new citizens to register.

Absent such provision, the only locus of the duty to inform can be the Executive. The responsibilities of the Executive vest in the President, except to the extent the President entrusts particular duties to Ministers.

(2) The subjects of this order have, by inaction, been deprived of their right to vote because no-one has informed them of that right. That must end and end quickly. The election was delayed, initially, by my lack of connectivity. It is now delayed by the failure of the Executive to implement the Interim Order. If it is not implemented within the time we set down, this Court will have no choice but to consider what sanctions (including any finding of contempt) are appropriate.

(3) The Court is alarmed by the contradiction between Mr Anderson's evidence and Mr Reagan's evidence. Both accounts cannot be true. At some stage the Court will have to conduct an adversary proceeding, with both parties subject to cross-examination, to determine which evidence is accurate and if it is necessary to refer any person for prosecution. We specifically make no finding at this point as whther either or both accounts are true or untrue because such a finding is uneccesary to this order.

The Court will make a final order in 72 hours time. We would be grateful for any submissions on what the final order should be.

Alan Grieve
Chief Justice

Final Order and Ancillary Matters

(1) The Interim Orders are made permanent and we adopt the reasons for those orders as the reasons for the permanent orders.

(2) We hereby summons Zachary Anderson and Liam Reagan to give further evidence so that the discrepancy between their evidence can be resolved. Both are to make themselves available for cross-examination within 48 hours on pain of contempt.

(3) Although both Dep Catchpole's failure to withdraw certain remarks and the remarks themselves are certainly disrespectful, we will take no action in respect of them.

It is necessary to address Mr Catchpole's last submission. A statute cannot override the constitution. As stated in our findings on the Interim orders, it is the constitution itself that imposes the duty to make rights effective on all organs of state. It follows that the registration provisions of the Electoral Code cannot excuse another organ of state from a constitutional duty. merely saying the Electoral Commissioner has certain duties under the Electoral Code (duties that had already discharged at the time of Mr Catchpole's submission) does not abolish the Executive's duty under the Constitution.

Alan Grieve
Chief Justice

Memorandum in the Cause

(1) The Court notes the appointment of a minister of justice and expects the Commonwealth to enter an appearance in this matter. In particular, we expect a report on what steps the Commonwealth has taken to execute the warrant of apprehension.

(2) The warrant is being represented on the forum and elsewhere as working a removal of the President from his office or even as an unlawful coup d'etat. Nothing could be further from the truth.

(3) A President of the Commonwealth can be dismissed from office in a limited number of ways provided by the Constitution. The methods are recall, impeachment, special election, and disqualififcation for absence.

Quote:
2.8 RECALL Recall is the power of the electors to require a special election for the National Assembly or the President.
2.8.1 Recall is initiated by delivering to the Electoral Commissioner a petition alleging reason for recall. Sufficiency of reason is not reviewable. Proponents have 10 days to file signed petitions.
2.8.2 A petition to recall a President must be signed by electors equal in number to 25% percent of the the electors.
2.8.3 A referendum to determine whether to hold a special election must happen not less than 20 days nor more than 30 days after the date of certification that the petition has
sufficient signatures.
2.8.4 If a majority of all the electors vote on the question is to recall, the special election must be held not less than 20 days nor more than 30 days after the date of certification that the recall has passed.
2.8.5 The governor of an organised province may be recalled in the same manner as the president on the petition of 25% of the electors in that province.

Quote:
4.22 IMPEACHMENT All officers of the Commonwealth are subject to impeachment by the National Assembly. The motion for impeachment must list fully the basis for the proceeding. Trial on impeachment must be conducted by the National Assembly. A supreme court justice designated by the court must preside at the trial. A supermajority of deputies is required for a judgment of impeachment. The judgment may not extend beyond removal from office, but does not prevent proceedings in the courts on the same or related charges.

Quote:
1.10 SPECIAL ELECTION A special election may be called by the President or by the National Assembly. The President and the National Assembly must face election within 21 days when a special election is called. The term of office of a candidate elected at a special election is the remainder of the unexpired term and commences on Election Day.

Quote:
5.13. ABSENCE. If for a period of 14 days, the President has been continuously absent from office or unable to discharge the office by reason of mental or physical disability, the office must be deemed vacant.

(4) The President would also cease to be to hold his office if he ceased to be a citizen. We do not propose to have the warrant of apprehension work an indirect removal from office of the president and we will suspend the warrant of apprehension, if necessary, to ensure that the president does not forfeit his citizenship in terms of CFC 910.1. Political questions should be resolved by the political branches, not by deus ex machina interventions by the judiciary.

(5) The Court has no role, beyond providing a presiding officer, in impeachment. The Court has referred certain matters to the National Assembly. We now refer them to the minister of justice for consideration, independent of the President, including the Acing President, whether those matters should be prosecuted.

(6) The Court has no role in the event of the President, including the Acting President, calling a special election at which a new President and Assembly would be elected.

(7) The Court has a role under Section 5.13 only to the extent that it has exclusive jurisdiction to rule on the matter where the question of the president's absence is contested. The Court addressed the issue of presidential absence in Fors v President and it is a matter for the minister of justice or another citizen to bring proceedings for a declaration on wther the current presidential absence, or the unauthorised presidential absence between 14 June and 5 July this year, worked a vacancy in the presidency. In Fors v President we ruled there must be an attempt to contact the president. It is a matter of record that repeated unsuccessful attempts have been made, both on the order of this Court and by other organs of state, to contact the president during his various absences and none were successful. because S 5.13 is self-executing, it may be that Mr Anderson ceased to be president by his own action on 28 June and could not resume the office merely by announcing his return. We reach no conclusion on the matter, which can be addressed in separate proceedings.

Quote:
5.14. JURISDICTION The Supreme Court has original, exclusive and final jurisdiction to determine any question concerning the qualifications, election, absence or disability of the President.

( Those who recall the Whittaberg fiasco, where a vice-president attempted to oust the elected president from his office and dissolve the National Assembly on the authority of a self-appointed Committee of National Salvation, may be bemused that the same self-appointed body, now calling themselves by a different name, have strenuously denounced Acting President Fors for assuming his office in the absence of the President. We addressed the Whittaberg matter in Ceres v Menet. The coup attempt was ultimately unsuccessful and the vice-presidency was abolished, in part to ensure there would be no repetition of a vice-presidential coup.

(9) We have specifically not addressed the issue of whether Mr Anderson can execute his office while a criminal fugitive and said that can be addressed in separate proceedings.

(10) The Court notes that Mr Anderson continues to defy the order for his attendance. What a Court orders must be performed. Mr Anderson can plead an immunity befre this Court and if he is unsuccessful he can appeal the Court's decision to the appellate division where it will be heard by different judges. What Mr Anderson cannot do is simply ignore an Order. No-one in Cyberia is above the law.

(11) Orders and directions are made accordingly.

Alan Grieve
Chief Justice

Appointment to the Cabinet: Mr. Jack Santucci

2007-07-14T08:43:00.000-04:00

Mr. Speaker,

I hereby notify the National Assembly that Jack Santucci has been appointed Minister of Justice and Administration.

I also include a temporary appointment of Jack Santucci to the already mentioned position that is set to terminate on August 1st, 2007.

Signed,

Michael Fors
Acting President