Part I- Preliminary
Section 1- Title and effect
- This Act shall be known as the Government Organisation and Executive Authority Act, 2026.
- This Act shall have effect immediately upon the Constitution of the Hokorian State coming into force.
Section 2- Interpretation
- “Government” means the executive authority of the Hokorian State.
- “Prime Minister” means the Head of Government and principal executive authority.
- “Minister” means a person appointed to assist in the exercise of executive functions.
- “Official decision” means any decision, action or policy made under executive authority.
- “Public function” means any administrative, regulatory or operational task carried out on behalf of the State.
Part II- Executive Authority and Decision Making
Section 3- Authority of the Prime Minister
- The Prime Minister shall hold primary authority over the Government:
- The Prime Minister may take any official decision on behalf of the Government,
- The Prime Minister may direct Ministers, offices and agencies,
- The Prime Minister may determine the structure and operation of Government.
- Any power granted to the Government under law may be exercised by the Prime Minister unless otherwise specified.
- The Prime Minister may act alone or through others in exercising executive authority.
Section 4- Exercise of Government powers
- Where a law provides that the Government may act:
- The Prime Minister may exercise that power directly,
- A Minister may exercise that power if authorised by the Prime Minister,
- An official or body may exercise that power if delegated.
- Any exercise of power must be:
- Within the limits of the law,
- Clearly attributable to a person or office.
- Where no person is specified, the Prime Minister shall be taken to have authority.
Section 5- Delegation of authority
- The Prime Minister may delegate functions to:
- A Minister,
- An official,
- A public body or agency.
- Delegation may be general or limited.
- The Prime Minister may revoke or amend any delegation at any time.
- Delegation does not remove responsibility from the Prime Minister.
Part III- Organisation of Government
Section 6- Ministries and roles
- The Prime Minister may establish ministries where necessary:
- A ministry may consist of a single Minister or a small team,
- A ministry may exist only in name where functions are minimal.
- The Prime Minister shall assign responsibilities in a clear and practical way.
- A Minister may hold responsibility for more than one area.
Section 7- Offices and agencies
- The Prime Minister may establish offices or executive agencies to carry out public functions:
- Such bodies may be permanent or temporary,
- Such bodies may consist of one or more persons.
- The functions and limits of each body shall be defined by the Prime Minister.
- An office or agency shall act under the authority given to it.
Section 8- Acting arrangements
- Where the Prime Minister is unable to act:
- A Minister may be designated to act temporarily,
- If no designation exists, any Minister may act as required.
- Any action taken under this section must be necessary and proportionate.
- The authority of the Prime Minister shall resume once they are able to act.
Part IV- Conduct and Safeguards
Section 9- Standards of conduct
- A person exercising public functions shall:
- Act honestly and in good faith,
- Use powers only for lawful purposes,
- Avoid improper personal gain.
- Public functions must be exercised fairly and consistently.
Section 10- Impartial functions
- Where a function requires impartiality:
- It must be carried out without political influence,
- Decisions must be based only on relevant considerations.
- The Prime Minister may not direct the outcome of an impartial decision.
Section 11- Record and accountability
- Official decisions shall be recorded where reasonably possible.
- The Government shall be able to explain its actions when required.
- Records must be sufficient to allow review by lawful authorities.
Part V- Restrictions on Executive Power
Section 12- Limits on authority
- No person exercising executive authority may:
- Act beyond powers granted by law,
- Interfere with the independence of the Court,
- Act in a way that is arbitrary or discriminatory.
- Any action taken in breach of this section shall have no legal effect.
Section 13- Conflicts of interest
- A person must not take part in an official decision where they have a conflict of interest.
- A conflict of interest arises where personal interests may influence the decision.
- Any conflict must be declared and managed appropriately.
Part VI- Review and Oversight
Section 14- Review of executive action
- Any person affected by an official decision may apply to the Court for review.
- The Court may:
- Confirm the decision,
- Modify the decision,
- Set aside the decision.
- The Court shall ensure that executive authority is exercised lawfully.
Part VII- Offences
Section 15- Offence of abuse of executive authority
- A person commits the offence of abuse of executive authority where they:
- Knowingly act beyond lawful powers,
- Use authority for an improper purpose.
- Levels of severity:
- Basic offence: misuse without serious harm,
- Aggravated offence: misuse causing serious harm or repeated conduct.
- Penalties:
- Basic offence shall carry a minimum term of no penalty and a maximum term of 1 month,
- Aggravated offence shall carry a minimum term of 1 month and a maximum term of 3 months.
Section 16- Offence of improper interference
- A person commits the offence of improper interference where they:
- Attempt to influence an impartial function unlawfully,
- Obstruct lawful administration.
- Levels of severity:
- Basic offence: limited interference,
- Aggravated offence: serious or harmful interference.
- Penalties:
- Basic offence shall carry a minimum term of no penalty and a maximum term of 1 month,
- Aggravated offence shall carry a minimum term of 1 month and a maximum term of 3 months.
Section 17- Offence of failure in public duty
- A person commits the offence of failure in public duty where they:
- Fail to carry out required functions,
- Neglect responsibilities in a serious or repeated manner.
- Levels of severity:
- Basic offence: minor failure,
- Aggravated offence: serious or repeated failure.
- Penalties:
- Basic offence shall carry a minimum term of no penalty and a maximum term of 1 month,
- Aggravated offence shall carry a minimum term of 1 month and a maximum term of 3 months.
Part VIII- Final Provisions
Section 18- Interpretation and application
- This Act shall be applied in a manner that supports clear, effective and accountable government.
- Any doubt shall be resolved in favour of lawful and practical administration.
