This is what the Constitution of the Democratic Republic of East Timor provides in relation to the office of President of the Republic.
Section 85 (Competencies)
It is exclusively incumbent upon the
President of the Republic:
a) To promulgate statutes and order
the publication of resolutions by the National Parliament approving agreements
and ratifying international treaties and conventions;
b) Exercise competencies inherent in
the functions of Supreme Commander of the Defence Force;
c) To exercise the right of veto
regarding any statutes within 30 days from the date of their receipt;
d) To appoint and swear in the Prime
Minister designated by the party or alliance of parties with parliamentary
majority after consultation with political parties sitting in the National
Parliament;
e) To request the Supreme Court of
Justice to undertake preventive appraisal and abstract review of the
constitutionality of the rules, as well as verification of unconstitutionality
by omission.
f) To submit relevant issues of
national interest to a referendum as laid down in Section 66; g) To declare the
state of siege or the state of emergency following authorisation of the
National Parliament, after consultation with the Council of State, the
Government and the Supreme Council of Defence and Security;
h) To declare war and make peace
following a Government proposal, after consultation with the Council of State
and the Supreme Council of Defence and Security, under authorisation of the
National Parliament;
i) To grant pardons and commute
sentences after consultation with the Government;
j) To award honorary titles,
decorations and merits in accordance with the law.
Section 86 (Competencies with regard to other organs)
It is incumbent upon the President
of the Republic, with regard to other organs:
a) To chair the Supreme Council of
Defence and Security;
b) To chair the Council of State;
c) To set dates for presidential and
legislative elections in accordance with the Law;
d) To request the convening of
extraordinary sessions of the National Parliament, whenever imperative reasons
of national interest so justify;
e) To address messages to the
National Parliament and the country;
f) To dissolve the National
Parliament in case of a serious institutional crisis preventing the formation
of a government or the approval of the State Budget and lasting more than sixty
days, after consultation with political parties sitting in the Parliament and
with the Council of State, on pain of rendering the dissolution null and void,
taking into consideration provisions of Section 100;
g) To dismiss the Government and
remove the Prime Minister from office after the National Parliament has rejected
his or her programme for two consecutive times.
h) To appoint, swear in and remove Government Members
from office, following a proposal by the Prime-Minister, in accordance with
item 2, Section 106;
i) To appoint two members for the
Supreme Council of Defence and Security;
j) To appoint the President of the
Supreme Court of Justice and swear in the President of the High Administrative,
Tax and Audit Court;
k) To appoint the Prosecutor-General
for a term of four years;
l) To appoint and dismiss the Deputy
Prosecutor-General s in accordance with item 6, Section 133;
m) To appoint and dismiss, following
proposal by the Government, the General Chief of Staff of the Defence Force,
the Deputy General Chief of Staff of the Defence Force, and the Chiefs of Staff
of the Defence Force, after consultation with the General Chief of Staff
regarding the latter two cases;
n) To appoint five Members for the
Council of State;
o) To appoint one member for the
Superior Council for the Judiciary and for the Superior Council for the Public
Prosecution.
Section 87 (Competencies with regard to International
Relations)
Of no relevance for present
purposes.
Section 88 (Promulgation and veto)
1. Within thirty days after
receiving any statute from the National Parliament for the purpose of its
promulgation as law, the President of the Republic shall either promulgate the
statute or exercise the right of veto, in which case he or she, based on
substantive grounds, shall send a message to the National Parliament requesting
a new appraisal of the statute.
2. If, within ninety days, the
National Parliament confirms its vote by an absolute majority of its Members in
full exercise of their functions, the President of the Republic shall
promulgate the statute within eight days after receiving it.
3. However, a majority of two-thirds
of the Members present shall be required to ratify statutes on matters provided
for in Section 95 where that majority exceeds an absolute majority of the
Members in full exercise of their functions.
4. Within forty days after receiving
any statute from the Government for the purpose of its promulgation as law, the
President of the Republic shall either promulgate the instrument or exercise
the right of veto by way of a written communication to the Government
containing the reasons for the veto.
Section 106 (Appointment)
The Prime Minister shall be
designated by the political party or alliance of political parties with
parliamentary majority and shall be appointed by the President of the Republic,
after consultation with the political parties sitting in the National Parliament.
2. The remaining members of the
Government shall be appointed by the President of the Republic following
proposal by the Prime Minister.
Section 107 (Responsibility of the Government)
The Government shall be accountable
to the President of the Republic and to the National Parliament for conducting
and executing the domestic and foreign policy in accordance with the
Constitution and the law.
Observations
Is there anything at all above that
would entitle the President to effectively veto not only legislation expressly
under Article 88 but also to effectively veto the Prime Minister’s nominations
under Article 106(2)?
Or is there in law a
constitutional duty on the President to follow the nominations of Ministers
of State (the Government)?
My view is that the first
proposition is an absurdity and that the latter proposition is the correct one,
indeed, the only one that is capable of justification.
That much is clear from the words of
the Articles themselves, on the ordinary rules of construction.
Let us look more closely once again at
part of Article 86 that touches upon Article 106(2):
“To appoint, swear in and remove
Government Members from office, following a proposal by the Prime-Minister, in
accordance with item 2, Section 106;”
Is it not also abundantly clear from
the text that the exercise of all of these constitutional powers and almost all
of the President’s other prerogatives, must all follow the proposal by the
Prime Minister.
I can see no room for argument with
the proposition that I have advanced since the day that Lu-Olo refused Taur
Matan Ruak’s nomination of Ministers; which nomination may only be made by the
PM and without any constitutional prerogative vested in the President to refuse
the PM’s nominations under Article 106(2) or most of the other powers the President
is vested with.
Consequently, it follows as a matter
of logic, reason and jurisprudence that the actions of the President are prima facie unconstitutional.
The President has violated the Constitution.
The other organs of State, the
Legislature and the Judiciary, should intervene and correct the unconstitutionality.
Warren L. Wright BA LLB
See further
East Timor President Lu-Olo Discredits Office of President & Perverts the Will of the People
East Timor: Whither Democracy?
Constitution of East Timor: President's Role in Civil Governance by Elected Legislature and Government
A note on "unconstructive and irresponsible commentary" on the Constitution of East Timor
On the President's Constitutional Powers on Nominations by Prime Minister of Ministers of State
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