THE PRESIDENTIAL AFFAIRS ACT

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CHAPTER 9
THE PRESIDENTIAL AFFAIRS ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Interpretation.
part ii
PRESIDENTIAL FUNCTIONS AND AFFAIRS
3. Signification of orders.
4. Advisory Committee on Prerogative of Mercy.
5. Honours and awards.
part iii
LEGAL PROCEEDINGS
6. Civil proceedings in High Court only.
7. Civil proceedings in personal capacity.
8. Other civil proceedings.
9. Immunity from arrest and from process to compel appearance of President.
10. Service of process generally in State House and other official residences.
part iv
THE HOUSEHOLD OF THE PRESIDENT, VICE-PRESIDENT
AND THE PRIME MINISTER
11. Expenses of President’s household.
12. Expenses for Vice-President’s Household.
13. Expenses for Prime Minister’s House-hold.
14. Omitted.

INISTER
11. Expenses of President’s household.
12. Expenses for Vice-President’s Household.
13. Expenses for Prime Minister’s House-hold.
14. Omitted.

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CHAPTER 9
THE PRESIDENTIAL AFFAIRS ACT
An Act to provide for certain matters relating to the functions and offices of
the President, Vice-President and the Prime Minister.1
[9th December, 1962]
1 This long title of the Act was introduced by Act No. 10 of 2001 Sch.
C.A. Act No.
4 of 1962
R.L. Cap. 502
Acts Nos.
31 of 1969
25 of 1974
4 of 1977
10 of 1980
26 of 1980
10 of 2001
6 of 2020
PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Presidential Affairs Act.
2. In this Act, unless the context otherwise requires-
“President” means the President of the United Republic;
“Vice-President” means the Vice-President of the United
Republic;
“Prime Minister” means the Prime Minister of the United
Republic; and
“household” means a fully furnished house, outbuildings
and surrounding land that is used as a dwelling house and
includes bedding, cooking, laundry and other domestic
equipment necessary for the day to day use.
[s. 1A]
Short title
Interpretation
Act No.
10 of 2001 Sch.

es bedding, cooking, laundry and other domestic
equipment necessary for the day to day use.
[s. 1A]
Short title
Interpretation
Act No.
10 of 2001 Sch.

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THE PRESIDENTIAL AFFAIRS ACT [CAP. 9 R.E. 2023]
PART II
PRESIDENTIAL FUNCTIONS AND AFFAIRS
3. Whereby or under any written law, other than the
Constitution, any power, duty or function is conferred or
imposed on, or is vested in the President, the exercise of
such power or the performance of such duty or function by
the President may, unless a contrary intention appears, be
signified under the hand of a Minister, a Deputy Minister or a
Permanent Secretary:
Provided that, nothing in this section shall apply to the
power of the President to make proclamations or shall restrict
the manner in which the power of the President in relation
to the executive functions of the Republic, other than any
such function which is conferred by any written law, may
be exercised through officers in the service of the Republic
subordinate to him. [s.

than any
such function which is conferred by any written law, may
be exercised through officers in the service of the Republic
subordinate to him. [s.

2]
4.–(1) There shall be an Advisory Committee on the Prerogative
of Mercy which shall consist of-
(a) a Minister appointed by the President;
(b) the Attorney General; and
(c) not less than three and not more than five other
members appointed by the President,
and the President shall preside at the meetings of the
Committee. (2) The President may appoint different Ministers to be
members of the Advisory Committee in relation to persons
convicted by a civil court and persons convicted by a court-
martial. (3) Where any person has been sentenced to death (otherwise
than by a court-martial) for any offence, the President shall
cause a written report of the case from the trial judge or
magistrate, together with such other information derived from
the record of the case or elsewhere as he may require, to be
Signification of
orders
Advisory
Committee on
Prerogative of
Mercy
Act No. 10 of 1980 Sch.

he record of the case or elsewhere as he may require, to be
Signification of
orders
Advisory
Committee on
Prerogative of
Mercy
Act No. 10 of 1980 Sch.

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THE PRESIDENTIAL AFFAIRS ACT [CAP. 9 R.E. 2023]
considered at a meeting of the Advisory Committee; and after
obtaining the advice of the Committee, the President shall
decide in his own deliberate judgement whether to exercise
any of his powers under Article 45 of the Constitution. (4) The President may consult with the Advisory Committee
before exercising any of his powers under Article 45 of the
Constitution in any case not falling within subsection (3) of
this section. (5) Subject to any directions of the President, the Advisory
Committee may regulate its own procedure. [s. 3]
5. The President may institute and confer honours, dignities
and awards. [s. 4]
PART III
LEGAL PROCEEDINGS
6. A civil proceedings which may be instituted against the
President shall not be instituted in any court other than the
High Court. [s.

L PROCEEDINGS
6. A civil proceedings which may be instituted against the
President shall not be instituted in any court other than the
High Court. [s.

5]
7.–(1) Where any person proposes to institute any proceedings
against the President as are referred to in subarticle (2) of
Article 46 of the Constitution, the notice of proceedings
referred to therein shall be accompanied by the plaint. (2) Civil proceedings instituted pursuant to this section
shall be instituted after the President ceases to hold Office of
the President. (3) The provisions of the Civil Procedure Code shall apply
in respect to the civil proceedings against the retired President
under this section. Cap. 2
Honours and
awards
Civil proceedings
in High Court
only
Civil proceedings
in personal
capacity
Act Nos. 10 of 1980 Sch. 6 of 2020 s. 48
Cap. 2
Cap. 33

Honours and
awards
Civil proceedings
in High Court
only
Civil proceedings
in personal
capacity
Act Nos. 10 of 1980 Sch. 6 of 2020 s. 48
Cap. 2
Cap. 33

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THE PRESIDENTIAL AFFAIRS ACT [CAP. 9 R.E. 2023]
(4) In computing the time limit within which civil
proceedings may be instituted against the retired President,
the period which a person held the office of the President shall
be excluded. [s. 6]
8.–(1) Notwithstanding any provisions to the contrary,
proceedings against an act or omission by the President other
than those referred to in section 7 shall be brought against the
Attorney General. (2) Where, in any proceedings to which this section refers,
the Court is satisfied that the plaintiff would, but for this
subsection, be entitled to any order, judgement, decree or other
relief, other than by way of a declaratory order, judgement or
decree, shall be awarded against the Attorney General. [s. 7]
9.–(1) The President shall be immune from arrest.

y of a declaratory order, judgement or
decree, shall be awarded against the Attorney General. [s. 7]
9.–(1) The President shall be immune from arrest.

(2) Subject to the provisions of subsection (3), a process
shall not be issued by any court, other person or authority
empowered to issue process in that behalf-
(a) requiring or compelling the personal appearance or
attendance of the President in any capacity; or
(b) requiring or compelling the President to produce any
person or thing. (3) Where a party to any proceedings in any court or before
some other person or authority empowered to issue process
in that behalf, applies for any process requiring or compelling
the appearance of the President as a witness or requiring or
compelling the President to produce any person or thing, the
court, other person or authority may if, but for this section,
it would have issued such process, notify the President of the
application, but shall not make any other order or issue any
other process on such application. [s. 8]
Other civil
proceedings
Acts Nos. 10 of 1980 Sch. 6 of 2020 s. 49
Immunity
from arrest and
from process
to compel
appearance of
President

tion. [s. 8]
Other civil
proceedings
Acts Nos. 10 of 1980 Sch. 6 of 2020 s. 49
Immunity
from arrest and
from process
to compel
appearance of
President

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THE PRESIDENTIAL AFFAIRS ACT [CAP. 9 R.E. 2023]
10.–(1) A legal process shall not be served or executed within
the State House, its lodges or grounds or, while he is resident
therein, within other official residences of the President except
by or under the directions of the Chief Secretary, a Permanent
or Private Secretary to the President; and the Chief Secretary,
Permanent or Private Secretary shall, when requested by a
court to assist in the service or execution of any such process,
give all reasonable and necessary assistance. (2) A local government authority or public utility shall
not have any jurisdiction or power in regard to any matter or
thing relating to the State House, its lodges or grounds or other
official residences of the President. [s. 9]
PART IV
THE HOUSEHOLD OF THE PRESIDENT,
VICE PRESIDENT AND THE PRIME MINISTER2
11.

es or grounds or other
official residences of the President. [s. 9]
PART IV
THE HOUSEHOLD OF THE PRESIDENT,
VICE PRESIDENT AND THE PRIME MINISTER2
11.

There shall, in respect of each financial year, be charged on
and paid out of the Consolidated Fund such sum of money as
may be certified by the Treasury as being the sum required for
and in respect of the salaries, allowances and expenses of the
President’s household and the upkeep of the State House and
other official residences of the President. [s. 10]
12. There shall, in respect of each financial year, be charged on
and paid out of the Consolidated Fund such sum of money as
may be certified by the Paymaster-General as being the sum
required for and in respect of expenses of the Vice-President’s
household and the upkeep of the Vice-President’s house,
lodges and grounds and other official residences of the Vice-
President. [s. 10A]
2 Heading of Part IV was amended by Act No. 10 of 2001 Sch. Service of
process generally
in State House
and other official
residences
Expenses of
President’s
household
Act Nos;
31 of 1969 s. 2;
25 of 1974 s.2
4 of 1977 s. 2
26 of 1980 s. 2
Expenses for
Vice-President’s
Household
Act No. 10 of 2001 Sch.

nt’s
household
Act Nos;
31 of 1969 s. 2;
25 of 1974 s.2
4 of 1977 s. 2
26 of 1980 s. 2
Expenses for
Vice-President’s
Household
Act No. 10 of 2001 Sch.

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THE PRESIDENTIAL AFFAIRS ACT [CAP. 9 R.E. 2023]
13. There shall, in respect of each financial year, be charged on
and paid out of the Consolidated Fund such sum of money as
may be certified by the Paymaster-General as being the sum
required for and in respect of expenses of the Prime Minister’s
household and the upkeep of the Prime Minister’s house,
lodges and grounds and other official residences of the Prime
Minister.
[s. 10B]
14. [Omitted.]
[s. 11]
Expenses for
Prime Minister’s
House-hold
Act No.
10 of 2001 Sch.
Omitted

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