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  Separation of the powers

 

 

 

Fundamentally, each legislature (local, regional and national) and the Executive are independent of  each other as is the Judiciary. In addition to this, the following safeguards are necessary to maintain a system, free from possible corruption.

In the Hela System, power is shared and decentralised. No one individual has supreme power. In this way, opportunities for corrupt behaviour is minimised.

 

The Ombudsmen

The Hela System of Democracy adopts the concept of an Ombudsman (from the Swedish system). In the Hela System there are three Ombudsman: The State Ombudsman,  The Judicial Ombudsman and The Children's Ombudsman. Ombudsmen are appointed by the President for a term of 6 years. (Ombudsmen candidates must demonstrate knowledge, skills and qualities against the selection criteria stipulated in the constitution).

The State Ombudsman takes independent action when the country's Constitution is deemed to be violated by internal laws, regulations, rulings and international treaties to which the country is a signatory. Where there is a conflict between such things and the Constitution, the State Ombudsman has the power to intervene and nullify such laws, regulations, rulings and treaties and restore the sovereignty to the constitution until such matters are resolved. The State Ombudsman also heads the National Electoral College (NEC) and the Regional Electoral College (RECs) to ensure the electoral process is free and fair and that elections are executed according to the word and spirit of Constitution. The State Ombudsman also has the power to take independent action against individuals in government, their departments and agencies that engage in corruption, deception or denial of due process.

The Judicial Ombudsman takes independent action against individuals of the judiciary (at all levels) and individuals of all law enforcement agencies who subvert the legal and judicial process and/or engage in corruption, deception or denial of due process. However, the Judicial Ombudsman may not intervene in individual court cases.

The Children's Ombudsman takes independent action against those (individuals or entities, both government and non-government) who violate children's rights, established under the UN Convention of the Rights of the Child. The Children's Ombudsman has the power to intervene in individual cases where gross injustices against the best interests of the child are evident.

All Ombudsman must also take proactive action to uphold their domains and also uphold the sacred Hela values of Humanity, Wisdom and Self-sufficiency that unite the community and the Nation.

 

The Judiciary

Judges to the Supreme Court (the country's highest court) are appointed on merit by the Supreme Council for a term of 6 years. (Candidates must demonstrate knowledge, skills and qualities against the selection criteria stipulated in the constitution to be appointed). The Judiciary is otherwise independent and serves to:

 

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