ConstitutionofBelize
September 21, 1981
WHEREAS the People of Belize-
1. affirm that
the Nation of Belize shall be founded upon principles which acknowledge
the supremacy of God, faith in human rights and fundamental freedoms,
the position of the family in a society of free men and free
institutions, the dignity of the human person and the equal and
inalienable rights with which all members of the human family are
endowed by their Creator,
2. respect the
principles of social justice and therefore believe that the operation
of the economic system must result in the material resources of the
community being so distributed as to subserve the common good, that
there should be adequate means of livelihood for all, that necessity to
operate in inhumane conditions but that there should be opportunity for
advancement on the basis of protection should be given to children
regardless of their provide for education and health on the basis of
equality;
3. believe that
the will of the people shall form the basis of government in a
democratic society in which the government is freely elected by
universal adult suffrage and in which all persons may, to the extent of
their capacity, play some part in the institutions of national life and
thus develop and maintain due respect for lawfully constituted
authority;
4. recognise
that men and institutions remain free only when freedom is founded upon
respect for moral and spiritual values and upon the rule of law;
5. require
policies of state which protect and safeguard the unity, freedom,
sovereignty and territorial integrity of Belize; which eliminate
economic and social privilege and disparity among the citizens of
Belize whether by race, colour, creed or sex; which prow the rights of
the individual to life, liberty and the pursuit of happiness; which
preserve the right of the individual to the ownership of private
property and the right to opera private or by the state; which ensure a
just system of social security and welfare; which protect the
environment; which promote international peace, security and co-
equitable international economic and social order in the world with
respect for international law and treaty obligations in the dealings
among nations;
6. desire that
their society shall reflect and enjoy the above mentioned principles,
belief and needs and that their Constitution should therefore enshrine
and make provisions for ensuring the achievement of the same in Belize;
NOW, THEREFORE, the following provisions shall have effect as the Constitution of Belize:
PART 1
The State and The Constitution
1. (1) Belize shall be a sovereign democratic State of Central America in the Caribbean region.
(2) Belize comprises the land
and sea areas defined in Schedule 1 to this Constitution, which
immediately before Independence Day constituted the colony of Belize.
2. This Constitution is the
supreme law of Belize and if any other law is inconsistent with this
Constitution that other law shall, to the extent of the Inconsistency,
be void.
PART II
Protection Of Fundamental Rights And Freedoms
3. Whereas every person in
Belize is entitled to the fundamental rights rights and and freedoms of
the individual, that is to say, the right, whatever his race, place of
origin, political opinions, colour, creed or sex, but subject to
respect for the rights and freedoms of others and for the public
interest, to each and all of the following, namely-
1. life, liberty, security of the person, and the protection of the law;
2. freedom of conscience, of expression and of assembly and association;
3. protection
for his family life, his personal privacy, the privacy of his home and
other property and recognition of his human dignity; and
4. protection from arbitrary deprivation of property,
the provisions of this Part
shall have effect for the purpose of affording protection to those
rights and freedoms subject to such limitations of that protection as
are contained in those provisions, being limitations designed to ensure
that the enjoyment of the said rights and freedoms by any person does
not prejudice the rights and freedoms of others or the public interest.
4.- (1) A person shall not be
deprived of his life intentionally save in execution of the sentence of
a court in respect of a criminal offence under any law of which he has
been convicted.
(2) A person shall not be
regarded as having been deprived of his life in contravention of this
section if he dies as the result of the use, to such extent and in such
circumstances as are permitted by law, of such force as is reasonably
justifiable-
1. for the defence of any person from violence or for the defence of property;
2. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
3. for the purpose of suppressing a riot, insurrection or mutiny; or
4. in order to prevent the commission by that person of a criminal offence,
or if he dies as the result of a lawful act of war.
5. - (1) A person shall not
be deprived of his personal liberty save as may be authorised by law in
any of the following cases, that is to say:-
1. in
consequence of his unfitness to plead to a criminal charge or in
execution of the sentence or order of a court, whether established for
Belize or some other country, in respect of a criminal offence of which
he has been convicted;
2. in execution
of the order of the Supreme Court or the Court of Appeal punishing him
for contempt of the Supreme Court or the Court of Appeal or of another
court or tribunal;
3. in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law;
4. for the purpose of bringing him before a court in execution of the order of a court;
5. upon a reasonable suspicion of his having committed, or being about to commit, a criminal offence under any law;
6. under the
order of a court or with the consent of his parent or guardian, for his
education or welfare during any period ending not later than the date
when he attains the age of eighteen years;
7. for the purpose of preventing the spread of an infectious or contagious disease;
8. in the case
of a person who is, or is reasonably suspected to be, of unsound mind,
addicted to drugs or alcohol, or a vagrant, for the purpose of his care
or treatment or the protection of the community;
9. for the
purpose of preventing his unlawful entry into Belize, or for the
purpose of effecting his expulsion, extradition or other lawful removal
from Belize or for the purpose of restraining him while he is being
conveyed through Belize in the course of his extradition or removal as
a convicted prisoner from one country to another, or
10. to such extent as
may be necessary in the execution of a lawful order requiring him to
remain within a specified area within Belize, or prohibiting him from
being within such an am, or to such extent as may be reasonably
justifiable for the taking of proceedings against him with a view to
the making of any such order or relating to such an order after it his
been made, or to such extent as may be reasonably justifiable for
restraining him during any visit that he is permitted to make to any
part of Belize in which, in consequence of any such order. his presence
would otherwise be unlawful.
(2) Any person who is arrested or detained shall be entitled-
1. to be
informed promptly, and in any case no later than forty-eight hours
after such arrest or detention, in a language he understands, of the
reasons for his arrest or detention;
2. to
communicate without delay and in private with a legal practitioner of
his choice and, in the cue of a minor, with his parents or guardian,
and to have adequate opportunity to give instructions to a legal
practitioner of his choice;
3. to be informed immediately upon his arrest of his rights under paragraph (b) of this subsection; and
4. to the remedy by way of habeas corpus for determining the validity of his detention.
(3) Any person who is arrested or detained-
1. for the purpose of bringing him before a court in execution of the order of a court; or
2. upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under any law,
and who is not released,
shall be brought before a court without undue delay and in any case not
later than seventy-two hours after such arrest or detention.
(4) Where any person is
brought before a court in execution of the order of a court in any
proceedings or upon suspicion of his having committed or being about to
commit an offence, he shall not be thereafter further held in custody
in connection with those proceedings or that offence save upon the
order of a court.
(5) If any person
arrested or detained as mentioned in subsection (3)(b) of this section
is not tried within a reasonable time, then without prejudice to any
further proceedings that may be. brought against him, he shall, unless
he is released, be entitled to bad on reasonable conditions.
(6) Any person who is
unlawfully arrested or detained by any other person shall be entitled
to compensation therefor from that other person or from any other
person or authority on whose behalf that other person was acting:
Provided that no person shall be liable for any act done in the
performance of a judicial function for which he would not be liable
apart from this subsection.
(7) For the purposes of
subsection (1)(a) of this section a person charged before a court with
a criminal offence in respect of whom a special verdict his been
returned that he was guilty of the act or omission charged but was
insane when he did the act or made the omission shall be regarded as a
person who has been convicted of a criminal offence and the detention
of a person in consequence of such a verdict shall be regarded as
detention in execution of the order of a court.
6. (1) All persons are equal before the law and are entitled without any discrimination to the equal protection of the law.
(2) If any person is charged
with a criminal offence, then, unless the charge is withdrawn, the case
shall be afforded a fair hearing within a reasonable time by an
independent and impartial court established by law.
(3) Every person who is charged with a criminal offence-
1. shall be presumed to be innocent until he is proved or has pleaded guilty;
2. shall be
informed as soon as reasonably practicable, in a language that he
understands, of the nature and particulars of the offence charged;
3. shall be given adequate time and facilities for the preparation of his defence;
4. shall be
permitted to defend himself before the court in person or, at his own
expense, by a legal practitioner of his own choice;
5. shall be
afforded facilities to examine in person or by his legal representative
the witnesses called by the prosecution before the court, and to obtain
the attendance and carry out the examination of witnesses to testify on
his behalf before the court on the same conditions as those applying to
witnesses called by the prosecution; and
6. shall be
permitted to have without payment the assistance of an interpreter if
he cannot understand the language used at the trial,
and except with his own
consent the trial shall not take place in his absence unless he so
conducts himself as to render the continuance of the proceedings in his
presence impracticable and the court has ordered him to be removed and
the trial to proceed in his absence:
Provided that the trial may
take place in his absence in any case in which it is so provided by a
law under which he is entitled to adequate notice of the charge and the
date, time and place of the trial and to a reasonable opportunity of
appearing before the court.
(4) A person shall not be
held to be guilty of a criminal offence on account of any act or
omission that did not, at the time it took place, constitute such an
offence, and no penalty shall be imposed for any Criminal offence that
is severer in degree or description than the maximum penalty that might
have been imposed for that offence at the time when it was committed.
(5) A person who shows that
he has been tried by a competent court for a criminal offence and
either convicted or acquitted shall not again be tried for that offence
or for any other criminal offence of which he could have been convicted
at the trial for that offence, save upon the order of a superior court
in the course of appeal or review proceedings relating to the
conviction or acquittal.
(6) A person who is tried for a criminal offence shall not be compelled to give evidence at the trial.
(7) Any court or other
authority prescribed by law for the determination of the existence or
extent of any civil right or obligation shall be established by law and
shall be independent and impartial; and where proceedings for such a
determination are instituted by any person before such a court or other
authority, the case shall be given a fair hearing within a reasonable
time.
(8) Except with the agreement
of all the parties thereto, all proceedings of every court and
proceedings for the determination of the existence or extent of any
civil right or obligation before any other authority, including the
announcement of the decision of the court or other authority, shall be
held in public.
(9) Nothing in subsection (8)
of this section shall prevent the court or other adjudicating authority
from excluding from the proceedings persons other than the parties
thereto and the legal practitioners representing them to such extent as
the court or other authority
1. may by law be
empowered to do and may consider necessary or expedient in
circumstances where publicity would prejudice the interests of justice
or in interlocutory proceedings or in the interests of public morality,
the welfare of persons under the age of eighteen years or the
protection of the private lives of persons concerned in the
proceedings; or
2. may by law be empowered or required to do in the interests of defence, public safety or public order.
(10) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-
1. subsection
(3)(a) of this section to the extent that the law in question imposes
upon any person charged with a criminal offence the burden of proving
particular facts;
2. subsection
(3)(e) of this section to the extent that the law in question imposes
reasonable conditions that must be satisfied if witnesses called to
testify on behalf of an accused person are to be paid their expenses
out of public funds; or
3. subsection
(5) of this section to the extent that the law in question authorises a
court to by a member of a disciplined force for a criminal offence
notwithstanding any trial and conviction or acquittal of that member
under the disciplinary law of that force, so, however, that any court
so trying such a member and convicting him shall in sentencing him to
any punishment take into account any punishment awarded him under that
disciplinary law.
(11) In the case of any
person who is held in lawful detention the provisions of subsection (2)
and paragraphs (d) and (e) of subsection (3) of this section shall not
apply in relation to his trial for a criminal offence under the law
regulating the discipline of persons held in such detention.
(12) In this section "Criminal offence" means a criminal offence under law.
7. No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
8.-(I) No person shall be hold in slavery or servitude.
(2) No person shall be required to perform forced labour.
(3) For the purposes of this section, the expression "forced labour" does not include-
1. any labour required in consequence of the sentence or order of a court;
2. labour
required of any person while he is lawfully detained that, though not
required in consequence of the sentence or order of a court, is
reasonably necessary in the interests of hygiene or for the maintenance
of the place at which he is detained;
3. any labour
required of a member of a disciplined force in pursuance of his duties
as such or, in the case of a person who has conscientious objections to
service as a member of a naval, military or air force, any labour that
that person is required by law to perform in place of such service; or
4. any labour
required during any period of public emergency or in the event of any
accident or natural calamity that threatens the life and well-being of
the community, to the extent that the requiring of such labour is
reasonably justifiable in the circumstances of any situation arising or
existing during that period or as a result of that accident or natural
calamity, for the purpose of dealing with that situation.
9. (1) Except with his own
consent, a person shall not be subjected to the search of his person or
his property or the entry by others on his premises.
(2) Nothing contained in or
done under the authority of any law shall be held to be inconsistent
with or in contravention of this section to the extent that the law in
question makes reasonable provision-
1. that is
required in the interests of defence, public safety, public order,
public morality, public health, town and country planning, the
development and utilisation of mineral resources or the development or
utilisation of any property for a purpose beneficial to the community;
2. that is required for the purpose of protecting the rights or freedoms of other persons;
3. that
authorises an officer or agent of the Government, a local government
authority or a body corporate established by law for public purposes to
enter on the premises of any person in order to inspect those premises
or anything thereon for the purpose of any tax, rate or due or in order
to carry out work connected with any property that is lawfully on those
premises and that belongs to the Government or to that authority or
body corporate, as the case may be; or
4. that
authorises, for the purpose of enforcing the judgment or order of the
court in any civil proceedings, the search of any person or property by
order of a court or entry upon any premises by such order.
10. -(1) A person shall not
be deprived of his freedom of movement, is to say, the right to move
freely throughout Belize, the right to any part of Belize, the right to
enter Belize, the right to leave Belize and immunity from expulsion
from Belize.
(2) Any restriction on a
person's freedom of movement that is involved in his lawful detention
shall not be held to be inconsistent with or in contravention of this
section.
(3) Nothing contained in or
done under the authority of any law shall be held to be inconsistent
with or in contravention of this section to the extent that the law in
question makes reasonable provision-
1. for the
imposition of restrictions on the movement or residence within Belize
of any person or on any person's right to leave Belize that are
required in the interests of defence, public safety or public order;
2. for the
imposition of restrictions on the movement or residence within Belize
or on the right to leave Belize of persons generally or any class of
persons in the interests of defence, public safety, public order,
public morality or public health or, in respect of the right to leave
Belize, o securing compliance with any international obligation o the
Government;
3. for the
imposition of restrictions, by order of a court, on the movement or
residence within Belize of any person or on any person's right to leave
Belize either in consequence of his having been found guilty of a
criminal offence under a law or for the purpose of ensuring that he
appears before a court at a later date for trial of such a criminal
offence or for proceedings preliminary to trial or for proceedings
relating to his extradition or lawful removal from Belize;
4. for the imposition of restrictions on the freedom of movement of any person who is not a citizen of Belize;
5. for the imposition of restrictions on the acquisition or use by any person of land or other property in Belize;
6. for the
imposition of restrictions on the movement or residence within Belize
or on the right to leave Belize of any officer in the public service
that are required for the proper performance of his functions;
7. for the
removal of a person from Belize to be tried or punished in some other
country for a criminal offence under the law of that other country or
to undergo imprisonment in some other country in execution of the
sentence of a court in respect of a criminal offence under a law of
which he has been convicted; or
8. for the
imposition of restrictions on the right of any person to leave Belize
that are required in order to secure the fulfilment of any obligation
imposed on that person by law.
(4) If any person whose
freedom of movement has been restricted by virtue of such a provision
as is referred to in subsection (3)(a) of this section so requests at
any time during the period of that restriction not earlier than
twenty-one days after the order was made or three months after he last
made such a request, as the case may be, his cam shall be reviewed by
an independent and impartial tribunal presided over by a person
appointed by the Chief Justice from among persons who are legal
practitioners.
(5) On any review by a
tribunal in pursuance of subsection (4) of this section of the case of
any person whose freedom of movement has been restricted, the tribunal
may make recommendations concerning the necessity or expediency of the
continuation of that restriction to the authority by whom it was
ordered and, unless it is otherwise provided by law, that authority
shall be obliged to act in accordance with any such recommendations.
11. (1) Except with his own
consent, a person shall not be hindered in the enjoyment of his freedom
of conscience, including freedom of thought and of religion, freedom to
change his religion or belief and freedom, either alone or in community
with others, and both in public and in private, to manifest and
propagate his religion or belief in worship, teaching, practice and
observance.
(2) Except with his own
consent (or, if he is a person under the age of eighteen years, the
consent of his parent or guardian) a person attending any place of
education, detained in any prison or corrective institution or serving
in a naval, military or air force shall not be required to receive
religious instruction or to take part in or attend any religious
ceremony or observance if that instruction, ceremony or observance
relates to a religion which is not his own.
(3) Every recognised
religious community shall be entitled, at its own expense, to establish
and maintain places of education and to manage any place of education
which it maintains; and no such community shall be prevented from
providing religious instruction for persons of that community in the
course of any education provided by that community whether or not it is
in receipt of a government subsidy or other form of financial
assistance designed to meet in whole or in part the cost of such course
of education.
(4) A person shall not be
compelled to take any oath which is contrary to his religion or belief
or to take any oath in a manner which is contrary to his religion or
belief.
(5) Nothing contained in or
done under the authority of any law shall be held to be inconsistent
with or in contravention of this section to the extent that the law in
question makes provision which is reasonably required-
1. in the interests of defence, public safety, public order, public morality or public health;
2. for the
purpose of protecting the rights and freedoms of other persons,
including the right to observe and practise any religion without the
unsolicited intervention of members of any other religion; or
3. for the
purpose of regulating educational institutions in the interest of the
persons who receive or may receive instruction in them.
(6) References in this
section to a religion shall be construed as including references to a
religious denomination, and cognate expressions shall be construed
accordingly.
12. (1) Except with his own
consent, a person shall not be hindered in the enjoyment of his freedom
of expression, including freedom to hold opinions without interference,
freedom to receive ideas and information without interference, freedom
to communicate ideas and information without interference (whether the
communication be to the public generally or to any person or class of
persons) and freedom from interference with his correspondence.
(2) Nothing contained in or
done under the authority of any law shall be held to be inconsistent
with or in contravention of this section to the extent that the law in
question makes reasonable provision-
1. that is required in the interests of defence, public safety, public order, public morality or public health;
2. that is
required for the purpose of protecting the reputations, rights and
freedoms of other persons or the private lives of persons concerned in
legal proceedings, preventing the disclosure of information received in
confidence, maintaining the authority and independence of the courts or
regulating the administration or the technical operation of telephony,
telegraphy, posts, wireless broadcasting, television or other means of
communication, public exhibitions or public entertainments; or
3. that imposes
restrictions on officers in the public service that are required for
the proper performance of their functions.
13.-(1) Except with his own
consent, a person shall not be hindered in the enjoyment of his freedom
of assembly and association, that is to say, his right to assemble
freely and associate with other persons and in particular to form or
belong to trade unions or other associations for the protection of his
interests or to form or belong to political parties or other political
associations.
(2) Nothing contained in or
done under the authority of any law shall be held to be inconsistent
with or in contravention of this section to the extent that the law in
question makes reasonable provision-
1. that is required in the interests of defence, public safety, public order, public morality or public health;
2. that is required for the purpose of protecting the rights or freedoms of other persons;
3. that imposes
restrictions on officers in the public service that are required for
the proper performance of their functions; or
4. that is required to prohibit any association the membership of which is restricted on grounds of race or colour.
14. (1) A person shall not be
subjected to arbitrary or unlawful interference with his privacy,
family, home or correspondence, nor to unlawful attacks on his honour
and reputation. The private and family life, the home and the personal
correspondence of every person shall be respected.
(2) Nothing contained in or
done under the authority of any law shall be held to be inconsistent
with or in contravention of this section to the extent that the law in
question makes provision of the kind specified in subsection (2) of
section 9 of this Constitution.
15. (l) No person shall be
denied the opportunity to gain his living by work which he freely
chooses or accepts, whether by pursuing a profession or occupation or
by engaging in a trade or business, or otherwise.
(2) It shall not be
inconsistent with subsection (1) of this section to require, as a
condition for embarking upon or continuing work, the payment of
professional fees, trade or business licence fees, or similar charges,
or the possession of appropriate licences or qualifications.
(3) Nothing contained in or
done under the authority of any law shall be held to be inconsistent
with or in contravention of this section to the extent that the law in
question makes reasonable provision-
1. that is required in the interests of defence, public safety, public order, public morality or public health;
2. that is required for the purpose of protecting the rights or freedoms of other persons; or
3. for the imposition of restrictions on the right to work of any person who is not a citizen of Belize.
16. (1) Subject to the
provisions of subsections (4), (5) and (7) of this section, no law
shall make any provision that is discriminatory either of itself or in
its effect.
(2) Subject to the provisions
of subsection (6), (7) and (8) of this section, no person shall be
treated in a discriminatory manner by any person or authority.
(3) In this section, the
expression "discriminatory" means affording different treatment to
different persons attributable wholly or mainly to their respective
descriptions by sex, race, place of origin, political opinions, colour
or creed whereby persons of one such description are subjected to
disabilities or restrictions to which persons of another such
description are not made subject or are accorded privileges or
advantages which are not accorded to persons of another such
description.
(4) Subsection (1) of this section shall not apply to any law so far as that law makes provision-
1. for the appropriation of public revenues or other public funds;
2. with respect to persons who are not citizens of Belize;
3. for the
application, in the case of persons of any such description as is
mentioned in subsection (3) of this section (or of persons connected
with such persons), of the law with respect to adoption, marriage,
divorce, burial, devolution of property on death or other like matters
which is the personal law of persons of that description; or
4. whereby
persons of any such description as is mentioned in subsection (3) of
this section may be subjected to any disability or restriction or may
be accorded any privilege or advantage that, having regard to its
nature and to special circumstances pertaining to those persons or to
persons of any other such description, is reasonably justifiable.
(5) Nothing contained in any
law shall be held to be inconsistent with or in contravention of
subsection (1) of this section to the extent that it makes provision
with respect to standards or qualifications (not being standards or
qualifications specifically relating to sex, race, place of origin,
political opinions, colour or creed) to be required of any person who
is appointed to or to act in any office or employment.
(6) Subsection (2) of
this section shall not apply to anything which is expressly or by
necessary implication authorised to be done by any such provision of
law as is referred to in subsection (4) or subsection (5) of this
section.
(7) Nothing contained in or
done under the authority of any law shall be held to be inconsistent
with or in contravention of this section to the extent that the law in
question makes provision whereby persons of any such description as is
mentioned in subsection (3) of this section may be subjected to any
restriction on the rights and freedoms guaranteed by sections 9, 10,
11, 12 and 13 of this Constitution, being such a restriction as is
authorised by section 9(2), paragraph (a), (b) or (h) of section 10(3),
section 11(5), section 12(2) or section 13(2), as the case may be.
(8) Nothing contained in
subsection (2) of this section shall affect any discretion relating to
the institution, conduct or discontinuance of civil or criminal
proceedings in any court that is vested in any person by or under this
Constitution or any other law.
17.-(1) No property of any
description shall be compulsorily taken possession of and no interest
in or right over property of any description shall be compulsorily
acquired except by or under a law that-
1. prescribes
the principles on which and the manner in which reasonable compensation
therefor is to be determined and given within a reasonable time; and
2. secures to
any person claiming an interest in or right over the property a right
of access to the courts for the purpose of-
1. establishing his interest or right (if any);
2. determining whether that taking of possession or acquisition was
duly carried out for a public purpose in accordance with the law
authorising the taking of possession or acquisition;
3. determining the amount of the compensation to which he may be entitled; and
4. enforcing his right to any such compensation.
(2) Nothing in this section
shall invalidate any law by reason only that it provides for the taking
possession of any property or the acquisition of any interest in or
right over property-
1. in satisfaction of any tax, rate or due;
2. by way of penalty for breach of the law or forfeiture in consequence of a breach of the law;
3. by way of taking a sample for the purposes of any law;
4. as an
incident of any deposit required to be made with the Government of a
reasonable number of copies of every book, magazine, newspaper or other
printed work published in Belize;
5. where the property consists of an animal, upon its being found trespassing or straying;
6. as an
incident of a lease, tenancy, mortgage, charge, bill of sale or any
other right or obligation arising under a contract;
7. by way of
requiring persons carrying on business in Belize to deposit money with
the Government or an agency of the Government for the purpose of
controlling credit or investment in Belize;
8. by way of the
vesting and administration of trust property, enemy property, the
property of deceased persons, persons of unsound mind or persons
adjudged or otherwise declared bankrupt or the property of companies or
other societies (whether incorporated or not) in the course of being
wound up;
9. in the execution of judgments or orders of courts;
10. in consequence of any law with respect to the limitation of actions;
11. by reason of its being in a dangerous state or injurious to the health of human beings, animals or plants;
12. for the purpose of
marketing property of that description in the common interests of the
various persons otherwise entitled to dispose of that property; or
13. for so long only
as may be necessary for the purpose of an examination, investigation,
trial or enquiry or, in the case of land, the carrying out on the land-
1. of work of soil conservation or the conservation of other natural
resources; or
2. of agricultural development or improvement which the owner or
occupier of the land has been required and has without reasonable and
lawful excuse refused or failed to carry out.
18. (1) In this Part "period of public emergency" means any period during which -
1. Belize is engaged in any war; or
2. there is in force a proclamation by the Governor-General declaring that a state of public emergency exists; or
3. there is in
force a resolution of the National Assembly declaring that democratic
institutions in Belize are threatened by subversion.
(2) The Governor-General may,
by proclamation which shall be published in the Gazette, declare that a
state of public emergency exists for the purposes of this Part.
(3) A proclamation made
by the Governor-General under subsection (2) of this section shall not
be effective unless it contains a declaration that the Governor-General
is satisfied
1. that a state
of war between Belize and another State is imminent or that a public
emergency has arisen as a result of the occurrence of any earthquake,
hurricane, flood, fire, outbreak of pestilence, outbreak of infectious
disease, or other similar calamity; or
2. that action
has been taken or is immediately threatened by any person or body of
persons of such a nature and on so extensive a scale as to be likely to
endanger the public safety or to deprive the community, or any
substantial portion of the community, of supplies or services essential
to life.
(4) A proclamation made under
subsection (2) of this section may be made so as to apply only to such
part of Belize as may be specified in the proclamation (in this
subsection called "the emergency area"), in which case regulations made
under subsection (9) of this section shall except as otherwise
expressly provided in such regulations have effect only in the
emergency area.
(5) A proclamation made by the Governor-General for the purposes of and in accordance with this section-
1. shall, unless previously revoked, remain in force for a period not exceeding one month;
2. may be
extended from time to time by a resolution passed by the National
Assembly for further periods, not exceeding in respect of each such
extension a period of twelve months; and
3. may be revoked at any time by a resolution of the National Assembly.
(6) A resolution of the
National Assembly passed for the purposes of subsection (1)(c) of this
section shall remain in force for two months or such shorter period as
may be specified therein:
Provided that any such
resolution may be extended from time to time by a further such
resolution, each extension not exceeding two months from the date of
the resolution effecting the extension; and any such resolution may be
revoked at any time by a further resolution.
(7) A resolution of the
National Assembly for the purposes of subsection (1)(c) of this
section, and a resolution of the National Assembly extending or
revoking any such resolution, shall not be passed unless it is
supported by the votes of two-thirds of the members of the House of
Representatives present and voting.
(8) Any provision of this
section that a proclamation or resolution shall lapse or cease to be in
force at any particular time is without prejudice to the making of a
further such proclamation or resolution whether before or after that
time.
(9) During any period of public emergency, the following provisions shall have effect-
1. the
Governor-General may make such regulations as are necessary or
expedient for securing public safety, the defence of Belize, the
maintenance of public order and the suppression of mutiny, rebellion
and riot, and for maintaining supplies and services essential to the
life of the community;
2. any such
regulations may empower such authorities or persons as may be specified
in the regulations to make orders and rules for any of the purposes for
which such regulations are authorised by this subsection to be made and
may contain such incidental and supplementary provisions as are
necessary or expedient for the purposes of the regulations;
3. any such
regulations or any order or rule made in pursuance of such regulations
may amend or suspend the operation of any law and shall have effect
notwithstanding anything inconsistent therewith contained in any law;
4. in this
subsection, "law" does not include this Constitution or any provision
thereof or any law that alters this Constitution or any provision
thereof.
(10) Nothing contained in or
done under the authority of any law (including any regulations made
under subsection (9) of this section) shall be held to be inconsistent
with or in contravention of sections 5, 6, 8, 9, 10, 12, 13, 14, 15,
16, or 17 of this Constitution to the extent that the law in question
makes in relation to any period of public emergency provision, or
authorises the doing during any such period of any thing, that is
reasonably justifiable in the circumstances of any situation arising or
existing during the period for the purpose of dealing with that
situation.
19. (l) When a person is
detained by virtue of a law that authorises the taking during a period
of public emergency of measures that are reasonably justifiable for the
purpose of dealing with the situation that exists in Belize during that
period, the following provisions shall apply, that is to say:-
1. he shall,
with reasonable promptitude and in any case not more than seven days
after the commencement of his detention, be informed in a language that
he understands of the grounds upon which he is detained and furnished
with a written statement in English specifying the particulars of those
grounds;
2. not more than
fourteen days after the commencement of his detention, a notification
shall be published in the Gazette stating that he has been detained and
giving particulars of the provision of law under which his detention is
authorised;
3. not more than
one month after the commencement of his detention and thereafter during
his detention at intervals of not more than three months, his case
shall be reviewed by an independent and impartial tribunal established
by law and presided over by a person appointed by the Chief Justice
from among persons who are legal practitioners;
4. he shall be
afforded reasonable facilities for private communication and
consultation with a legal practitioner of his own choice who shall be
permitted to make representations to the tribunal appointed for the
review of the case of the detained person; and
5. at the
hearing of his case by the tribunal appointed for the review of his
case he shall be permitted to appear in person or to be represented by
a legal practitioner of his own choice.
(2) On any review by a
tribunal in pursuance of this section of the case of a detained person,
the tribunal may make recommendations concerning the necessity or
expediency of continuing his detention to the authority by which it was
ordered but, unless it is otherwise provided by law, that authority
shall not be obliged to act in accordance with any such recommendations.
(3) Nothing contained in
subsection (1)(d) or subsection (1)(e) of this section shall be
construed as entitling a person to legal representation at public
expense.
20. (1) If any person alleges
that any of the provisions of sections 3 to 19 inclusive of this
Constitution has been, is being or is likely to be contravened in
relation to him (or, in the case of a person who is detained, if any
other person alleges such a contravention in relation to the detained
person), then, without prejudice to any other action with respect to
the same matter which is lawfully available, that person (or that other
person) may apply to the Supreme Court for redress.
(2) The Supreme Court shall have original jurisdiction-
1. to bear and determine any application made by any person in pursuance of subsection (1) of this section; and
2. to determine
any question arising in the case of any person which is referred to it
in pursuance of subsection (3) of this section,
and may make such
declarations and orders, issue such writs and give such directions as
it may consider appropriate for the purpose of enforcing or securing
the enforcement of any of the provisions of sections 3 to 19 inclusive
of this Constitution:
Provided that the
Supreme Court may decline to exercise its powers under this subsection
if it is satisfied that adequate means of redress for the contravention
alleged are or have been available to the person concerned under any
other law.
(3) If in any proceedings in
any court (other than the Court of Appeal or the Supreme Court or a
court-martial) any question arises as to the contravention of any of
the provisions of sections 3 to 19 inclusive of this Constitution, the
person presiding in that court may, and shall if any party to the
proceedings so requests, refer the question to the Supreme Court
unless, in his opinion, the raising of the question is merely frivolous
or vexatious.
(4) Any person aggrieved by
any determination of the Supreme Court under this section may appeal
therefrom to the Court of Appeal:
Provided that no appeal shall
lie from a determination of the Supreme Court under this section
dismissing an application on the grounds that it is frivolous or
vexatious.
(5) Where any question is
referred to the Supreme Court in pursuance of subsection (3) of this
section, the Supreme Court shall give its decision upon the question
and the court in which the question arose shall dispose of the case in
accordance with that decision or, if that decision is the subject of an
appeal to the Court of Appeal or to Her Majesty in Council, in
accordance with the decision of the Court of Appeal or, as the can may
be, of Her Majesty in Council.
(6) Notwithstanding the
validity of any law under section 9(2), 10(3), 11(5), 12(2), 13(2) or
16(4)(d) of this Constitution, any act or thing done under the
authority of such law shall be unlawful if such act or thing is shown
not to be reasonably required in the actual circumstances in which it
is done.
(7) The Supreme Court shall
have such powers in addition to those conferred by this section as may
be conferred on it by the National Assembly for the purpose of enabling
it more effectively to exercise the jurisdiction conferred on it by
this section.
(8) The Chief Justice may
make rules with respect to the practice and procedure of the Supreme
Court in relation to the jurisdiction and powers conferred on it by or
under this section (including rules with respect to the time within
which applications may be brought and references shall be made to the
Surpreme Court).
21. Nothing contained in any
law in force immediately before Independence Day nor anything done
under the authority of any such law shall, for a period of five years
after Independence Day, be held to be inconsistent with or done in
contravention of any of the provisions of this Part.
22.-(1) In this Part, unless the context otherwise requires-
"contravention", in relation
to any requirement, includes a failure to comply with that requirement,
and cognate expressions shall be construed accordingly;
"court" means any court of
law having jurisdiction in Belize other than a court established by a
disciplinary law, and includes Her Majesty in Council and in sections 4
and 8 of this Constitution a court established by a disciplinary law;
"disciplinary law" means a law regulating the discipline of any disciplined force;
"disciplined force" means-
1. a naval, military or air force;
2. the Police Force;
3. a prison service; or
4. any such other force or service as may be prescribed by the National Assembly;
"legal practitioner" means a person admitted and enrolled as an attorney-at-law under the laws of Belize;
"member", in relation to a
disciplined force, includes any person who, under the law regulating
the discipline of that force, is subject to that discipline.
(2) In relation to any person
who is a member of a disciplined force of Belize, nothing contained in
or done under the authority of the disciplinary law of that force shall
be held to be inconsistent with or in contravention of any of the
provisions of this Part other than sections 4. 7 and 8 of this
Constitution.
(3) In relation to any person
who is a member of a disciplined force of a country other than Belize
that is lawfully present in Belize, nothing contained in or done under
the authority of the disciplinary law of that force shall be held to be
inconsistent with or in contravention of any of the provisions of this
Part.
PART III
Citizenship
23.-(1) Every person born in Belize, immediately before Independence Day, shall become a citizen of Belize on Independence Day.
(2) Every person who, immediately before Independence Day, is a citizen of the United Kingdom and Colonies-
1. having become
such a citizen under the British Nationality Act 1948 by virtue of his
having been naturalised in Belize as a British subject before that Act
came into force; or
2. having while
resident in Belize become such a citizen by virtue of his having been
naturalised or registered under that Act,
shall become a citizen of Belize on Independence Day.
(3) Every person born
outside Belize, before Independence Day, shall become a citizen of
Belize on Independence Day if his father or mother becomes, or would
but for his death or the renunciation of his citizenship have become, a
citizen of Belize by virtue of subsection (1) or (2) of this section.
(4) Every person born outside
Belize before Independence Day shall become a citizen of Belize on
Independence Day if one of his grandparents becomes, or would but for
his death or renunciation of his citizenship have become, a citizen of
Belize by virtue of subsection (1) or (2) of this section.
(5) Every woman shall become
a citizen of Belize on Independence Day if immediately before
Independence Day, she is married to a person who becomes or, but for
his death or the renunciation of his citizenship, would have become a
citizen of Belize by virtue of subsection (1), (2), (3) or (4) of this
section.
(6) In this section, "the
British Nationality Act 1948" includes any Act of the Parliament of the
United Kingdom amending that Act.
24. Every person born in Belize on or after Independence Day shall become a citizen of Belize at the date of his birth:
Provided that a person shall not become a citizen of Belize by virtue of this section if at the time of his birth-
1. his father or
mother is a citizen of a country with which Belize is at war and the
birth occurs in a place then under occupation by that country.
25. A person born outside
Belize on or after Independence Day shall become a citizen of Belize at
the date of his birth if, at that date, his father or mother is a
citizen of Belize.
26. (1) The following
persons may, upon making application at any time after Independence
Day, be registered as citizens of Belize-
1. any person who is married to a citizen of Belize;
2. any person
who has been resident continuously in Belize for a period of five years
immediately before the date of his application;
3. any person
who makes a substantial contribution to the economy and/or well being
of Belize or who has rendered distinguished service to Belize.
(2) The National Assembly
shall prescribe by law the procedure for making and determining
applications, and the conditions to be fulfilled by persons making
applications, for registration under this section.
(3) A person registered as a
citizen of Belize under this section shall become a citizen of Belize
on the date on which he is so registered.
27. A citizen of Belize by
birth or descent who acquires the citizenship of any other country may,
if the laws of the other country so permit and at his option, retain
his citizenship of Belize.
28. The National Assembly may
make provision, not inconsistent with this Part, in respect of
citizenship, including provision for-
1. the
acquisition of citizenship of Belize by persons who are not eligible or
who are no longer eligible to become citizens of Belize under this Part;
2. depriving any person of his citizenship of Belize;
3. the renunciation by any person of his citizenship of Belize.
29. (1) For the purposes of
this Part, a person born aboard a registered ship or aircraft, or
aboard an unregistered ship or aircraft of the government of any
country, shall be deemed to have been born in the place in which the
ship or aircraft was registered or, as the case may be, in that country.
(2) Any reference in this
Part to the national status of the father of a person at the time of
that person's birth shall, in relation to a person born after the death
of his father, be construed as a reference to the national status of
the father at the time of the father's death; and where that death
occurred before Independence Day and the birth occurred on or after
Independence Day the national status that the father would have had if
he had died on Independence Day shall be deemed to be his national
status at the time of his death.
(3) No person shall be
entitled under the provisions of this Part to be a citizen of Belize or
be granted citizenship of Belize if such person shows any allegiance to
or is a citizen of a country which does not recognise the independence,
sovereignty or territorial integrity of Belize:
Provided that the Minister
may in his discretion grant Belizean citizenship to persons falling
under this subsection who would otherwise be entitled to such
citizenship under the provisions of sections 23 and 25 of the
Constitution.
(4) Where a person born
outside Belize is entitled to be a citizen of Belize under the
provisions of this Part, the right to Belizean citizenship shall not be
deemed to accrue upon the conditions giving rise to such entitlement
arising but the citizenship shall be sought for by the person entitled
to or on his behalf and obtained by the grant by the Minister of proper
certification affirming his citizenship.
(5) Where a person claiming
citizenship by birth, descent or registration makes an application or
request for the grant of citizenship the stay of such person in Belize
shall not be considered illegal under the provisions of any law for so
long and only for so long as such stay is necessary for the disposal of
his application. His right of abode, or that of his wife or dependants
if any under the age of eighteen years, shall not be affected pending
the disposal of his application.
PART IV
The Governor-General
30. There shall be a
Governor-General of Belize who shall be a citizen of Belize appointed
by Her Majesty and shall hold office during Her Majesty's pleasure and
who shall be Her Majesty's representative in Belize.
31.-(1) During any period
when the office of Governor-General is vacant or the holder of the
office of Governor-General is absent from Belize or is for any other
reason unable to perform the functions of his office those functions
shall be performed by such person as Her Majesty may appoint.
(2) Any such person as
aforesaid shall not continue to perform the functions of the office of
Governor-General if the holder of the office of Governor-General or
some other person having a prior right to perform the functions of that
office has notified him that he is about to assume or resume those
functions.
(3) The holder of the office
of Governor-General shall not, for the purposes of this section, be
regarded as absent from Belize or as unable to perform the functions of
his office-
1. by reason that he is in passage from one part of Belize to another; or
2. at any time when there is a subsisting appointment of a deputy under section 33 of this Constitution.
32. A person appointed to
hold the office of Governor-General shall, before entering upon the
duties of that office, take and subscribe the oath of allegiance and
office.
33.-(1) Whenever the Governor-General-,
1. has occasion to be absent from the seat of government but not from Belize;
2. has occasion
to be absent from Belize for a period which he considers, acting in his
own deliberate judgment. will be of sbort duration; or
3. is suffering
from an illness which he considers, acting in his own deliberate
judgment, will be of short duration.
he may, acting in accordance
with the advice of the Prime Minister. appoint any person in Belize to
be his deputy during such absence or illness and in that capacity to
perform on his behalf such of the functions of the office of
Governor-General as may be specified in the instrument by which he is
appointed.
(2) The power and
authority of the Governor-General shall not be abridged, altered or in
any way affected by the appointment of a deputy under this section,
and, subject to the provisions of this Constitution. a deputy shall
conform to and observe all instructions that the Governor-General,
acting in his own deliberate judgment, may from time to time address to
him:
Provided that the question
whether or not a deputy has conformed to and observed any such
instructions shall not be enquired into by any court of law
(3) A person appointed as
deputy under this section shall hold that appointment for such period
as may be specified in the instrument by which he is appointed, and his
appointment may be revoked at any time by the Governor-General, acting
in accordance with the advice of the Prime Minister.
34. (1) In the exercise of
his functions the Governor-General shall act in accordance with the
advice of the Cabinet or a Minister acting under the general authority
of the Cabinet except in cases where he is required by this
Constitution or any other law to act in accordance with the advice of,
or after consultation with, any person or authority other than the
Cabinet or in his own deliberate judgment.
(2) Any reference in this
Constitution to the functions of the Governor-General shall be
construed as a reference to his powers and duties in the exercise of
the executive authority of Belize and to any other powers and duties
conferred or imposed on him as Governor-General by or under this
Constitution or any other law.
(3) Where by this
Constitution the Governor-General is required to perform any function
after consultation with any person or authority he shall not be obliged
to exercise that function in accordance with the advice of that person
or authority.
(4) Where by this
Constitution the Governor-General is required to perform any function
in accordance with the advice of, or after consultation with, any
person or authority, the question whether the Governor-General has so
exercised that function shall not be enquired into by any court of law.
35. The Prime Minister shall
keep the Governor-Genera1 fully informed concerning the general conduct
of the government of Belize and shall furnish the Governor-General with
such information as he may request with respect to any particular
matter relating to the government of Belize.
PART V
The Executive
36.-(l) The executive authority of Belize is vested in Her Majesty.
(2) Subject to the provisions
of this Constitution, the executive authority of Belize may be
exercised on behalf of Her Majesty by the Governor-General either
directly or through officers subordinate to him.
(3) Nothing in this section
shall prevent the National Assembly from conferring functions on
persons or authorities other than the Governor-General.
37. (l) There shall be a Prime Minister of Belize who shall be appointed by the Governor-General.
(2) Whenever the
Governor-General has occasion to appoint a Prime Minister he shall
appoint a member of the House of Representatives who is the leader of
the political party which commands the support of the majority of the
members of that House; and if no political party has an overall
majority, he shall appoint a member of that House who appears to him
likely to command the support of the majority of the members of that
House.
(3) If occasion arises for
making an appointment to the office of Prime Minister while the
National Assembly is dissolved, then, notwithstanding the provisions of
subsection (2) of this section, a person who was a member of the House
of Representatives immediately before the dissolution may be appointed
as Prime Minister.
(4) The Governor-General
shall remove the Prime Minister from office if a resolution of no
confidence in the Government is passed by the House of Representatives
and the Prime Minister does not within seven days either resign from
his office or advise the Governor-General to dissolve the National
Assembly.
(5) The office of Prime Minister shall also become vacant-
1. if the holder
of the office ceases to be a member of the House of Representatives
otherwise than by reason of the dissolution of the National Assembly;
2. if, by virtue
of section 59(3) of this Constitution, he is required to cease to
perform his functions as a member of the House; or
3. if he is
informed by the Governor-General that the Governor-General is in
accordance with subsection (2) or (3) of this section about to
reappoint him as Prime Minister or to appoint another person as Prime
Minister.
(6) In exercise of the powers conferred on him by this section the Governor-General shall act in his own deliberate judgment.
38. The Governor-General
shall, acting in accordance with the advice of the Prime Minister,
designate a Minister as Deputy Prime Minister to whom the Prime
Minister may from time to time depute such of his functions as he may
specify.
39.-(1) Whenever the Prime
Minister is absent from Belize or is by reason of illness unable to
perform the functions conferred on him in accordance with this
Constitution, those functions (other than the functions conferred by
this section) shall be performed-
1. by the Deputy Prime Minister; or
2. in the
absence of the Deputy Prime Minister or if he too is likewise unable to
perform those functions, by such other Minister as the Governor-General
may authorise for that purpose.
(2) The Deputy Prime Minister
shall cease to perform the functions of the Prime Minister when he is
informed by the Governor-General that the Prime Minister is about to
resume those functions.
(3) A Minister authorised to
perform the functions of the Prime Minister under subsection (1)(b) of
this section shall cease to perform those functions when he is informed
by the Governor-General that the Deputy Prime Minister is about to
assume, or that the Prime Minister is about to resume, those functions.
(4) The powers of the
Governor-General under this section shall be exercised by him in
accordance with the advice of the Prime Minister:
Provided that if the
Governor-General, acting in his own deliberate judgment, considers that
it is impracticable to obtain the advice of the Prime Minister owing to
the absence or illness of the Prime Minister he may exercise those
powers-
1. in accordance with the advice of the Deputy Prime Minister; or
2. if he
likewise considers it impracticable to obtain the advice of the Deputy
Prime Minister, in his own deliberate judgment.
40. (1) There shall be, in
addition to the office of Prime Minister, such other offices of
Minister of the Government as may be established by the National
Assembly or, subject to the provisions of any law enacted by the
National Assembly, by the Governor-General, acting in accordance with
the advice of the Prime Minister.
(2) Appointments to the
office of Minister shall be made by the Governor-General, acting in
accordance with the advice of the Prime Minister, from among members of
the House of Representatives and of the Senate:
Provided that persons holding
the office of Speaker of the House of Representatives or President of
the Senate may not be appointed to the office of Minister.
(3) If occasion arises for
making an appointment to the office of Minister while the National
Assembly is dissolved, then, notwithstanding the provisions of
subsection (2) of this section, a person who was a member of the House
of Representatives or of the Senate immediately before the dissolution
may be appointed as Minister.
(4) The office of any Minister shall become vacant-
1. if the holder
of the office ceases to be a member of the House of Representatives or
of the Senate otherwise than by reason of the dissolution of the
National Assembly;
2. if, by virtue
of section 59(3) or 64(3) of this Constitution, he is required to cease
to perform his functions as a member of the House of Representatives or
of the Senate;
3. if the Governor-General, acting in accordance with the advice of the Prime Minister, so directs;
4. if the Prime
Minister resigns from office within seven days after a resolution of no
confidence in the Government has been passed by the House of
Representatives or is removed from office under section 37(4) of this
Constitution; or
5. on the appointment of any person to the office of Prime Minister.
(5) In this section, 'Minister' means a Minister of the Government other than the Prime Minister.
41. (l) The Governor-General,
acting in accordance with the advice of the Prime Minister, may, by
directions in writing, assign to the Prime Minister or any other
Minister responsibility for any business of the Government, including
the administration of any department of government:
Provided that responsibility for finance shall be assigned to a Minister who is a member of the House of Representatives.
(2) Where a Minister has been
charged with responsibility for any department of government, he shall
exercise general direction and control over that department of
government.
42. (1) The Attorney-General shall be the principal legal adviser to the Government.
(2) The office of
Attorney-General shall be the office of a Minister, with responsibility
for the administration of legal affairs in Belize.
(3) No person shall be
qualified to hold the office of Attorney-General unless he is a person
who has for at least five years been entitled to practise as an
advocate in a court having unlimited jurisdiction in civil and criminal
matters in some pan of the Commonwealth or in the Republic of Ireland
or a court having jurisdiction in appeals from any such court.
(4) If a person holding the
office of Attorney-General is for any reason unable to perform the
functions conferred on him by or under any law, those functions may be
performed by such other person, being a person qualified as aforesaid
(whether or not that person is a member of either House of the National
Assembly), as the Governor-General, acting in accordance with the
advice of the Prime Minister, may direct.
(5) Legal proceedings for or
against the State shall be taken, in the case of civil proceedings, in
the name of the Attorney-General and, in the case of criminal
proceedings, in the name of the Crown.
43. (1) Whenever a Minister
other than the Prime Minister is absent from Belize or is within Belize
but by leave of the Governor-General is not performing the functions of
his office or by reason of illness is unable to perform those
functions, the Governor-General may authorize some other Minister to
perform those functions or may appoint a member of the House of
Representatives or of the Senate to be a temporary Minister in order to
perform those functions; and that Minister may perform those functions
until his authority or, as the case may be, his appointment is revoked
by the Governor-General or he vacates office as a Minister under
section 40(4) of this Constitution.
(2) The powers of the
Governor-General under this section shall be exercised by him in
accordance with the advice of the Prime Minister:
Provided that if the
Governor-General, acting in his own deliberate judgment, considers that
it is impracticable to obtain the advice of the Prime Minister owing to
his absence or illness he may exercise those powers in accordance with
the advice of the Deputy Prime Minister.
44. (l) There shall be a Cabinet of Ministers for Belize consist of the Prime Minister and the other Ministers.
(2) The Cabinet shall be the
principal executive instrument of policy with general direction and
control of the Government and shall be collectively responsible to the
National Assembly for any advice given to the Governor-General by or
under the general authority of the Cabinet and for all things done by
or under the authority of any Minister in the execution of his office.
(3) The Provisions of subsection (2) of this section shall not apply in relation to-
1. the
appointment and removal from office of Ministers and Ministers of
State, the assignment of responsibility to any Minister under section
41 of this Constitution, or the authorisation of another Minister to
perform the functions of the Prime Minister during absence or illness;
or
2. the dissolution of the National Assembly.
(4) Whenever practicable the
Prime Minister shall attend and preside at all Cabinet meetings; at a
meeting of the Cabinet from which the Prime Minister is absent, any
other Minister appointed by him for the purpose shall preside.
45. (1) The Governor-General,
acting in accordance with the advice of the Prime Minister, may appoint
Ministers of State from among the members of the House of
Representatives or of the Senate to assist Ministers in the performance
of their duties.
(2) The office of a Minister of State shall become vacant-
1. if the holder
of the office ceases to be a member of the House of Representatives or
of the Senate otherwise than by reason of the dissolution of the
National Assembly;
2. if, by virtue
of section 59(3) or 64(3) of this Constitution, he is required to cease
to perform his functions as a member of the House of Representatives or
of the Senate;
3. if the Governor-General, acting in accordance with the advice of the Prime Minister, so directs;
4. if the Prime
Minister resigns from the office within seven days after a resolution
of no confidence in the Government has been passed by the House of
Representatives or is removed from office under section 37(4) of this
Constitution; or
5. on the appointment of any person to the office of Prime Minister.
46. A Minister or a Minister
of State shall not enter upon the duties of his office unless he has
taken and subscribed the oath of allegiance and office.
47. (1) There shall (except
at times when there are no members of the House of Representatives who
do not support the Government) be a Leader of the Opposition who shall
be appointed by the Governor-General.
(2) Whenever there is
occasion for the appointment of a Leader of the Opposition the
Governor-General shall appoint the member of the House of
Representatives who appears to him most likely to command the support
of a majority of the members of the House who do not support the
Government: or, if no member of the House appears to him to command
such support, the member of the House who appears to him to command the
support of the largest single group of members of the House who do not
support the Government.
(3) If occasion arises to
appoint a Leader of the Opposition during the period between a
dissolution of the National Assembly and the day on which the ensuing
election of members of the House of Representatives is held, an
appointment may be made as if the National Assembly had not been
dissolved.
(4) The office of Leader of the Opposition shall become vacant-
1. if the holder
of the office ceases to be a member of the House of Representatives
otherwise than by reason of a dissolution of the National Assembly;
2. if by virtue
of section 59(3) of this Constitution, he is required to cease to
perform his functions as a member of the House; or
3. if he is removed from office by the Governor-General under the provisions of subsection (5) of this section.
(5) If it appears to the
Governor-General that the Leader of the Opposition is no longer able to
command the support of a majority of the members of the House of
Representatives who do not support the Government or (if no member of
the House appears to him to be able to command such support) the
support of the largest single group of members of the House who do not
support the Government, he shall remove the Leader of the Opposition
from office.
(6) Subject to the provisions
of section 61(3)(b) of this Constitution, during any period in which
there is a vacancy in the office of Leader of the Opposition, the
provisions of this Constitution containing the requirement that action
shall be taken in accordance with the advice of, or after consultation
with, or with the concurrence of, the Leader of the Opposition shall
have effect as if there were no such requirement.
(7) The powers of the Governor-General under this section shall be exercised by him in his own deliberate judgment.
48. Subject to the direction
and control of the Minister pursuant to section 41(2) of this
Constitution, every department of government shall be under the
supervision of a public officer whose office is referred to in this
Constitution as the office of a permanent secretary:
Provided that two or more government departments may be placed under the supervision of one permanent secretary.
49. (1) There shall be a
Secretary to the Cabinet whose office shall be a public office. (2) The
Secretary to the Cabinet, who shall have charge of the Cabinet Office,
shall be responsible, in accordance with such instructions as may be
given to him by the Prime Minister, for arranging the business for, and
keeping the minutes of, the Cabinet and for conveying the decisions of
the Cabinet to the appropriate person or authority and shall have such
other functions as the Prime Minister may direct.
50. (1) There shall be a Director of Public Prosecutions whose office shall be a public office.
(2) The Director of Public Prosecutions shall have power in any case in which he considers it desirable so to do-
1. to institute
and undertake criminal proceedings against any person before any court
of law (other than a court-martial) in respect of any offence alleged
to have been committed by that person;
2. to take over
and continue any such criminal proceedings that have been instituted or
undertaken by any other person or authority; and
3. to
discontinue at any stage before judgment is delivered any such criminal
proceedings instituted or undertaken by himself or any other person or
authority.
(3) The powers of the
Director of Public Prosecutions under subsection (2) of this section
may be exercised by him in person or through other persons acting under
and in accordance with his general or special instructions.
(4) The powers conferred on
the Director of Public Prosecutions by paragraphs (b) and (c) of
subsection (2) of this section shall be vested in him to the exclusion
of any other person or authority:
Provided that where any other
person or authority has instituted criminal proceedings, nothing in
this subsection shall prevent the withdrawal of those proceedings by or
at the instance of that person or authority and with the leave of the
court.
(5) For the purposes of this
section, any appeal from a judgment in criminal proceedings before any
court, or any case stated or question of law reserved for the purpose
of any such proceedings, to any other court (including Her Majesty in
Council) shall be deemed to be part of those proceedings:
Provided that the power
conferred on the Director of Public Prosecutions by subsection (2)(c)
of this section shall not be exercised in relation to any appeal by a
person convicted in any criminal proceedings or to any case stated or
question of law reserved at the instance of such a person.
(6) Subject to the powers of
the Attorney-General under section 42(2) of this Constitution, in the
exercise of the powers vested in him by subsection (2) of this section
the Director of Public Prosecutions shall not be subject to the
direction or control of any other person or authority.
51. Subject to the provisions
of this Constitution and of any other law, the Governor-General may
constitute offices for Belize, make appointments to any such office and
terminate any such appointment.
52. (1) The Governor-General may-
1. grant a pardon, either free or subject to lawful conditions, to any person convicted of any offence;
2. grant to any
person a respite, either indefinite or for a specified period, of the
execution of any punishment imposed on that person for any offence;
3. substitute a less severe form of punishment for any punishment imposed on any person for any offence; or
4. remit the
whole or any part of any punishment imposed on any person for any
offence or of any penalty or forfeiture otherwise due to the Crown on
account of any offence.
(2) The powers of the
Governor-General under subsection (1) of this section shall be
exercised by him in accordance with the advice of the Belize Advisory
Council.
53. Where any person has been
sentenced to death (otherwise than by a court-martial) for an offence,
the Attorney-General shall cause a written report of the case from the
trial judge (or the Chief Justice, if a report from the trial judge
cannot be obtained), together with such other information derived from
the record of the case or elsewhere as he may require, to be taken into
consideration at a meeting of the Belize Advisory Council, so that the
Council may advise the Governor-General whether to exercise any of his
powers under section 52(1) of this Constitution.
54. (1) There shall be a
Belize Advisory Council (hereinafter referred to as "the Council")
which shall consist of a Chairman who shall be a person who holds, or
has held, or is qualified to hold, office as a judge of a superior
court of record, and not less than six other members who shall be
persons of integrity and high national standing of whom at least two
shall be persons who hold or have held any office referred to in
Section 107 of this Constitution and at least one shall be a member of
a recognised profession in Belize:
Provided that no public officer other than a judge of a superior court of record shall be appointed as Chairman.
(2) Two members of the
Council shall be appointed by the Governor-General, acting in
accordance with the advice of the Prime Minister given with the
concurrence of the Leader of the Opposition, and the other members,
including the Chairman of the Council, shall be appointed by the
Governor-General, acting in accordance with the advice of the Prime
Minister given after consultation with the Leader of the Opposition:
Provided that in the process
of consultation with the Leader of the Opposition for the appointment
of the Chairman, the Prime Minister shall use his best endeavours to
secure the agreement of the Leader of the Opposition.
(3) No person shall be
appointed as a member of the Belize Advisory Council unless he is a
citizen of Belize, except that a member of the Council who holds or has
held office as a judge of a superior court of record need not be a
citizen of Belize provided that he is a Commonwealth citizen.
(4) Members of the Belize
Advisory Council shall be appointed for a period of ten years or such
shorter period as may be specified in their respective instruments of
appointment.
(5) A member of the Belize
Advisory Council shall not enter upon the duties of his office unless
he has taken and subscribed the oath of allegiance and office.
(6) The office of a member of the Belize Advisory Council shall become vacant-
1. at the
expiration of ten years from the date of his appointment or at the
expiration of the period specified ia the instrument by which he was
appointed, whichever is the sooner;
2. when he attains the age of seventy-five years;
3. if he resigns such office by writing under his own hand addressed to the Governor-General; or
4. if by a
resolution of the House of Representatives supported by two-thirds of
the members of that House he is declared unable to discharge the
functions of his office J by reason of persistent absence or infirmity
of body or mind, or to be in breach of the provisions of section 121 of
this Constitution.
(7) The functions of the Belize Advisory Council shall be-
1. to advise the Governor-General in the exercise of his powers under section 52 of this Constitution;
2. to perform such other tasks and duties as are conferred or imposed on it by this Constitution or any other law.
(8) In the exercise of its
functions the Belize Advisory Council shall not be subject to the
direction or control of any other person or authority.
(9) The Governor-General,
acting in accordance with the advice of the Prime Minister given after
consultation with the Leader of the Opposition, shall appoint one of
the members of the Council to be the Senior Member.
(10) The Chairman and in his
absence the Senior Member, shall convene meetings of the Council as
appropriate for consideration of matters which in accordance with this
Constitution or any other law the Council is called upon to consider.
(11) The Chairman and in his
absence, the Senior Member, shall preside at all meetings of the
Council, and in the absence of both the Chairman and the Senior Member,
the member of the Council elected by a majority of the members
attending the meeting shall preside at that meeting:
Provided that in any case
where the Council is convened to discharge its duties under sections
88, 98, 102, 105, 108 or 109 of this Constitution, or where the Council
is convened to hear an appeal from an officer to whom section 106 or
section 107 of the Constitution applies, the Chairman shall preside at
that meeting:
Provided further that where
the Council is convened to consider the removal of the Chairman, some
other person who holds or has held office as a Judge of a superior
court of record appointed by the Governor-General on the advice of the
Prime Minister given after consultation with the Leader of the
Opposition, shall act as the Chairman for that purpose.
(12) At meetings of the Belize Advisory Council-
1. the quorum shall be five members;
2. decisions shall be taken by a majority of the votes of those members of the Council present and voting; and
3. in the event
that votes are equally divided on any matter, the Chairman, except when
he is the Governor-General, shall have a casting vote in addition to
his original vote.
(13) The Belize Advisory Council shall regulate its own procedure.
(14) The Belize Advisory
Council may, subject to the provisions of this section and to its rules
of procedure, act notwithstanding any vacancy in its membership or the
absence of any member.
(15) The question whether or
not the Belize Advisory Council has validly performed any functions
entrusted to it by this Constitution or any other law shall not be
enquired into by any court of law.
PART VI
The Legislature
55. There shall be in and for
Belize a Legislature which shall consist of a National Assembly
comprising two Houses, that is to say, a House of Representatives and a
Senate.
The House of Representatives
56.-(1) Subject to the
provisions of this section, the House of Representatives shall consist
of eighteen members who shall be elected in the manner provided by law.
(2) If any person who is not
a member of the House of Representatives is elected to be Speaker of
the House he shall, by virtue of holding the office of Speaker, be a
member of the House in addition to the eighteen members aforesaid.
(3) The National Assembly, in
accordance with the provisions of section 90 of this Constitution, may
by law increase the number of members of the House of Representatives.
57. Subject to the provisions
of section 58 of this Constitution, a person shall be qualified to be
elected as a member of the House of Representatives if, and shall not
be qualified to be so elected unless, he-
1. is a citizen of Belize of the age of eighteen years or upwards; and
2. has resided
in Belize for a period of at least one year immediately before the date
of his nomination for election.
58. (1) No person shall be qualified to be elected as a member of the House of Representatives who-
1. is, by virtue
of his own act, under any acknowledgement of allegiance, obedience or
adherence to a foreign power or State;
2. is an
undischarged bankrupt, having been adjudged or otherwise declared
bankrupt under any law in force in any part of the Commonwealth;
3. is a person certified to be insane or otherwise adjudged to be of unsound mind under any law;
4. is under
sentence of death imposed on him by a court in any part of the
Commonwealth or is serving a sentence of imprisonment (by whatever name
called) exceeding twelve months imposed on him by such a court or
substituted by competent authority for some other sentence imposed on
him by such a court, or is under such a sentence of imprisonment the
execution of which has been suspended;
5. is
disqualified for membership of the House of Representatives by any law
by reason of his holding, or acting in, any office the functions of
which involve-
1. any responsibility for, or in connection with, the conduct of any
election, or
2. any responsibility for the compilation or revision of any electoral
register;
6. is
disqualified for membership of the House of Representatives by virtue
of any law by reason of his having been convicted of any offence
relating to elections;
7. is disqualified for membership of the House of Representatives under any law by virtue of-
1. his holding or acting in any office or appointment specified (either
individually or by reference to a class of office or appointment) by
such law;
2. his belonging to any of the armed forces of Belize or to any class
of person that is comprised in any such force, or
3. his belonging to any police force or to any class of persons that is
comprised in any such force; or
8. is a party
to, or a partner in a firm or a director or manager of a company which
is a party to, any contract with the government for or on account of
the public service and has not, within one month before the day of
election, declared publicly and in a newspaper circulating in the
electoral division for which be is a candidate a notice setting out the
nature of the contract and his interest, or the interest of any such
firm or company therein:
Provided that if it appears
to the Governor-General, acting in his own deliberate judgment, that it
is proper so to do, he may by order direct that any such
disqualification shall be disregarded for the purposes of this section,
but no such order shall be made if proceedings have been commenced
calling in question the right of that member to be a member of the
House of Representatives on the ground that he is disqualified under
this paragraph.
(2) For the purposes of paragraph (d) of subsection (1) of this section-
1. two or more
sentences of imprisonment that are required to be served consecutively
shall be regarded as separate sentences if none of those sentences
exceeds twelve months, but if any one of such sentences exceeds that
term they shall be regarded as one sentence; and
2. no account
shall be taken of a sentence of imprisonment imposed as an alternative
to or in default of the payment of a fine.
59.-(1) Every member of the
House of Representatives shall vacate his seat in the House at the next
dissolution of the National Assembly after his election.
(2) A member of the House of Representatives shall also vacate his seat in the House-
1. if he is
absent from the sittings of the House for such period and in such
circumstances as may be prescribed in the Standing Orders of the House;
2. if he ceases to be a citizen of Belize;
3. subject to
the provisions of subsection (3) of the section, if any circumstances
arise that, if he were not a member of the House of Representatives,
would cause him to be disqualified for Section thereto by virtue of
section 58(1) of this Constitution; or
4. if he shall
become a party to any contract with the government for or on account of
the public service, or if any firm in which he is a partner or any
company of which he is a director or manager shall become a party to
any such contract, or if he shall become a partner in a firm or a
director or manager of a company which is a party to any such contract:
Provided that if in the
circumstances it shall appear to them just so to do, the House of
Representatives by resolution may exempt any member thereof from
vacating his seat under the provisions of this paragraph if such member
shall, before becoming a party to such contract as aforesaid or before
or as soon as practicable after becoming otherwise interested in such
contract (whether as partner in a firm or director or manager of a
company), disclose to the House the nature of such contract and his
interest or the interest of any such firm or company therein.
(3) (a) If circumstances such
as are referred to in paragraph (c) of subsection (2) of this section
arise because any member of the House of Representatives is under
sentence of death or imprisonment, or adjudged to be insane or
otherwise of unsound mind, or declared bankrupt and undischarged, or
convicted of an offense relating to elections, and if it is open to the
member to appeal against the decision (either with the leave of a court
or other authority or without such leave), he shall forthwith cease to
perform his functions as a member of the House but, subject to the
provisions of this subsection, he shall not vacate his seat until the
expiration of a period of thirty days thereafter:
Provided that the Speaker may
from time to time extend that period for further periods of thirty days
to enable the member to pursue an appeal against the decision, so,
however, that extensions of time exceeding in the aggregate one hundred
and fifty days shall not be given without the approval, signified by
resolution, of the House.
(b) If, on the determination
of any appeal, such circumstances continue to exist and no further
appeal is open to the member, or if, by reason of the expiration of any
period for entering an appeal or notice thereof or the refusal of leave
to appeal or for any other reason, it ceases to be open to the member
to appeal, he shall forthwith vacate his seat.
(c) If at any time before the
member of the House vacates his seat such circumstances as aforesaid
cease to exist, his seat shall not become vacant on the expiration of
the period referred to in paragraph (a) of this subsection and he may
resume the performance of his functions as a member of the House.
60. (1) When the House of
Representatives first meets after any general election and before it
proceeds to the despatch of any other business it shall elect a person
to be Speaker of the House; and, if the office of Speaker falls vacant
at any time before the next dissolution of the National Assembly, the
House shall, as soon as practicable, elect another person to that
office.
(2) The Speaker shall be
above the age of thirty years and may be elected either from among the
members of the House of Representatives who are not Ministers or from
among persons who are not members of either House:
Provided that a person who is not a member of either House shall not be elected as Speaker if-
1. he is not a citizen of Belize; or
2. he is a
person disqualified for election as a member of the House of
Representatives by virtue of section 58(1) of this Constitution.
(3) When the House of
Representatives first meets after any general election and before it
proceeds to the despatch of any other business except the election of
the Speaker, the House shall elect a member of the House, who is not a
Minister, to be Deputy Speaker of the House; and if the office of
Deputy Speaker falls vacant at any time before the next dissolution of
the National Assembly, the House shall, as soon as practicable, elect
another such member to that office.
(4) A person shall vacate the office of Speaker or Deputy Speaker-
1. in the case
of a Speaker elected from among members of the House of Representatives
or in the case of the Deputy Speaker-
1. if he ceases to be a member of the House; or
2. if he is appointed to be a Minister;
2. in the case of a Speaker elected from among persons who are not members of either House-
1. upon any dissolution of the National Assembly;
2. if he ceases to be a citizen of Belize; or
3. if any circumstances arise which would cause him to be disqualified
for election as a member of the House by virtue of section 58(1) of
this Constitution;
3. in the case of the Deputy Speaker, if he is elected to be Speaker.
(5) (a) If, by virtue of
section 59(3) of this Constitution, the Speaker or Deputy Speaker is
required to cease to perform his functions as a member of the House of
Representatives he shall also cease to perform his functions as Speaker
or Deputy Speaker, as the case may be, and those functions shall, until
he vacates his seat in the House or resumes the performance of the
functions of his other, be performed-
1. in the case
of the Speaker, by the Deputy Speaker or, if the office of Deputy
Speaker is vacant, by such member of the House (not being a Minister)
as the House may elect for the purpose;
2. in the case
of the Deputy Speaker, by such member of the House (not being a
Minister) as the House may elect for the purpose.
(b) If the Speaker or Deputy
Speaker resumes the performance of his functions as a member of the
House, in accordance with the provisions of section 59(3) of this
Constitution, he shall also resume the performance of his functions as
Speaker or Deputy Speaker, as the case may be.
The Senate
61.(1) The Senate shall
consist of eight members (in this Constitution referred to as
"Senators") who shall be appointed by the Governor-General in
accordance with the provisions of this section:
Provided that if any person
who is not a Senator is elected to be President of the Senate he shall,
by virtue of holding office of President, be a Senator in addition to
the eight members aforesaid.
(2) Of the eight Senators-
1. five shall be appointed by the Governor-General acting in accordance with the advice of the Prime Minister;
2. two shall be appointed in accordance with the provisions of subsection (3) of this section:
3. one shall be appointed by the Governor-General acting after consultation with the Belize Advisory Council.
(3) The two Senators referred to in subsection (2)(b) of this section shall be appointed-
1. by the Governor-General acting in accordance with the advice of the Leader of the Opposition; or
2. if the office of Leader of the Opposition is vacant, then-
1. by the Governor-General acting in accordance with the advice of a
person selected by him, in his own deliberate judgment, for the purpose
of tendering such advice; or
2. if the Governor-General, in his own deliberate judgment, decides to
select two such persons, by the Governor-General acting in accordance
with the advice of such persons, each of whom shall advise him on the
appointment of one Senator.
62. Subject to the provisions
of section 63 of this Constitution, a person shall be qualified to be
appointed as a Senator if, and shall not be qualified to be so
appointed unless, he-
1. is a citizen of Belize of the age of eighteen years or upwards; and
2. has resided in Belize for a period of at least one year immediately before the date of his appointment.
63. (1) No person shall be qualified to be appointed as a Senator who-
1. is, by virtue
of his own act, under any acknowledgement of allegiance, obedience or
adherence to a foreign power or State;
2. is a member of the House of Representatives;
3. is an
undischarged bankrupt, having been adjudged or otherwise declared
bankrupt under any law in force in any part of the Commonwealth;
4. is a person certified to be insane or otherwise to be of unsound mind under any law;
5. is under
sentence of death imposed upon him by a court in any part of the
Commonwealth or is serving a sentence of imprisonment (by whatever name
called) exceeding twelve months imposes on him by such a court or
substituted by competent authority for some other sentence imposed on
him by such a court, or is under such a sentence of imprisonment the
execution of which has been suspended;
6. is
disqualified for membership of the House of Representatives by any law
by reason of his holding, or acting in, any office the functions of
which involve-
1. any responsibility for, or in connection with, the conduct of any
election; or
2. any responsibility for the compilation or revision
of any electoral register;
7. is
disqualified for membership of the House of Representatives by virtue
of any law by reason of his having been convicted of any offence
relating to elections;
8. is disqualified for membership of the Senate under any law by virtue of
1. his holding or acting in any office or appointment specified (either
individually or by reference to a class of office or appointment) by
such law;
2. his belonging to any of the armed forces of Belize or to any class
of person that is comprised in any such force; or
3. his belonging to any police force or to any class of person that is
comprised in any such force; or
9. is a party
to, or a partner in a firm or a director or manager of a company which
is a party to, any contract with the Government for or on account of
the public service, and has not disclosed to the Governor-General the
nature of such contract and his interest, or the interest of any such
firm or company, therein:
Provided that if it appears
to the Governor-General, acting in his own deliberate judgment, that it
is proper so to do, he may by order direct that any such
disqualification shall be disregarded for the purposes of this section.
(2) For the purposes of paragraph (c) of subsection (1) this section-
1. two or more
sentences of imprisonment that are required to be served consecutively
shall be regarded as separate sentences if none of those sentences
exceeds twelve months, but if any one of such sentences exceeds that
term they shall be regarded as one sentence; and
2. no account
shall be taken of a sentence of imprisonment imposed as sun alternative
to or in default of the payment of a fine.
64. (1) Every Senator shall
vacate his seat in the Senate at the next dissolution of the National
Assembly after his appointment.
(2) A Senator shall also vacate his seat in the Senate-
1. if he is
absent from the sittings of the Senate for such period and in such
circumstances as may be prescribed in the Standing Orders of the Senate;
2. if, with his consent, he is nominated as a candidate for election to the House of Representatives;
3. if he ceases to be a citizen of Belize;
4. subject to
the provisions of subsection (3) of this section, if any circumstances
arise that, if he were not a Senator, would cause him to be
disqualified for appointment as such by virtue of section 63(1) of this
Constitution;
5. if the
Governor-General, acting in accordance with the advice of the Prime
Minister in the case of a Senator appointed in accordance with that
advice, or acting in accordance with the advice of the Leader of the
Opposition in the case of a Senator appointed in accordance with that
advice, or acting after consultation with the Belize Advisory Council
in the case of a Senator appointed after such consultation, declares
the seat of that Senator to be vacant; or
6. if he shall
become a party to any contract with the Government for or on account of
the public service, or if any firm in which he is a partner or any
company of which he is a director or manager shall become a party to
any such contract, or if he shall become a partner in a firm or a
director or manager of a company which is a party to any such contract:
Provided that if in the
circumstances it shall appear to him to be just so to do, the
Governor-General, acting in his own deliberate judgment, may exempt any
Senator from vacating his seat under the provisions of this paragraph
if such Senator shall, before becoming a party to such contract as
aforesaid or before or as soon as practicable after becoming otherwise
interested in such contract (whether as partner in a firm or director
or manager of a company), disclose to the Governor-General the nature
of such contract and his interest or the interest of any such firm or
company therein.
(3) (a) If circumstances such
as are referred to in paragraph (d) of subsection (2) of this section
arise because a Senator is under sentence of death or imprisonment, or
adjudged to be insane or otherwise of unsound mind, or declared
bankrupt and is undischarged, or convicted of an offence relating to
elections, and it is open to the Senator to appeal against the decision
(either with the leave of a court or other authority or without such
leave), he shall forthwith cease to perform his functions as a Senator
but, subject to the provisions of this subsection, he shall not vacate
his seat until the expiration of a period of thirty days thereafter:
Provided that the President
of the Senate may from time to time extend that period for further
periods of thirty days to enable the Senator to pursue an appeal
against the decision, so, however, that extensions of time exceeding in
the aggregate one hundred and fifty days shall not be given without the
approval, signified by resolution, of the Senate.
(b) If, on the determination
of an appeal, such circumstances continue to exist and no further
appeal is open to the Senator, or if, by reason of the expiration of
any period for entering an appeal or notice thereof or the refusal of
leave to appeal or for any other reason, it ceases to be open to the
Senator to appeal, he shall forthwith vacate his seat.
(c) If at any time before the
Senator vacates his seat such circumstances as aforesaid cease to
exist, his seat shall not become vacant on the expiration of the period
referred to in paragraph (a) of this subsection and he may resume the
performance of his functions as Senator.
65. (1) The Governor-General
may declare a Senator to be, by reason of illness, temporarily
incapable of performing his functions as a Senator and thereupon such
Senator shall not perform his said functions until he is declared by
the Governor-General again to be capable of performing them.
(2) Whenever a Senator is
incapable of performing his functions as a Senator by reason of his
absence from Belize or by virtue of the provisions of section 64 of
this Constitution or by reason of a declaration made under the last
foregoing subsection, the Governor General may appoint a person
qualified for appointment as a Senator to be temporarily a member of
the Senate.
(3) Subsections (1) and (2)
of section 64 of this Constitution shall apply in relation to a person
appointed as a Senator under this section as they apply in relation to
a Senator appointed under section 61 (except that paragraph (d) of the
said subsection (2) shall apply as if it were not expressed to be
subject to subsection (3) of the said section 64) and an appointment
made under this section shall in any case cease to have effect when the
person appointed is notified by the Governor-General that the
circumstances giving rise to his appointment have ceased to exist. (4)
In the exercise of the powers conferred on him by this section the
Governor-General shall act-
1. in accordance
with the advice of the Prime Minister in relation to an appointment to
be temporarily a member of the Senate in place of a Senator appointed
in pursuance of paragraph (a) of subsection (2) of section 61 of this
Constitution;
2. in accordance
with the advice of the Over of the Opposition in relation to an
appointment to be temporarily a member of the Senate in place of a
Senator appointed in pursuance of paragraph (b) of subsection (2) of
the said section;
3. after consultation with the Belize Advisory Council in any other case.
66. ( I ) When the Senate
first meets after any general election and before it proceeds to the
despatch of any other business, it shall elect a person to be President
of the Senate; and, if the office of President falls vacant at any time
before the next dissolution of the National Assembly, the Senate shall,
as soon as practicable, elect another person to that office.
(2) When the Senate first
meets after any general election and before it proceeds to the despatch
of any other business except the election of the President, it shall
elect a Senator, who is not a Minister, to be Vice-President of the
Senate; and if the office of Vice-President falls vacant at any time
before the next dissolution of the National Assembly, the Senate shall,
as soon as practicable, elect another Senator to that office.
(3) The President and the
Vice-President shall be above the age of thirty years and the President
may be elected either from among the Senators who are not Ministers or
from among persons who are not members of either House:
Provided that a person who is not a member of either House shall not be elected as President if-
1. he is not a citizen of Belize; or
2. he is a
person disqualified for election as a member of the House of
Representatives by virtue of section 58(1) of this Constitution.
(4) A person shall vacate the office of President or Vice-President of the Senate-
1. in the case of a President elected from among members of the Senate or in the case of the Vice-President-
1. if he ceases to be a Senator; or
2. if he is appointed to be a Minister;
2. in the case of a President elected from among persons who are not members of either House-
1. upon any dissolution of the National Assembly;
2. if he ceases to be a Citizen of Belize; or
3. if any circumstances arise which would cause him to be disqualified
for election as a member of the House of Representatives by virtue of
section 58(1) of this Constitution;
3. in the case of the Vice-President, if he is elected to be President.
(5) 1. If, by virtue
of section 64(3) of this Constitution, the President or the
Vice-President is required to cease to perform his functions as a
Senator he shall also cease to perform his functions as President or
Vice-President, as the case may be, and those functions shall, until he
vacates his seat in the Senate or resumes the performance of the
functions of his office, be performed-
1. in the case of the President, by the Vice-President or, if the
office of Vice-President is vacant, by such Senator (not being
Minister) as the Senate may elect for the purpose;
2. in the case of the Vice-President, by such Senator (not being a
Minister) as the Senate may elect for the purpose.
2. If the
President or Vice-President resumes the performance of his functions as
Senator, in accordance with the provisions of section 64(3) of this
Constitution, he shall also resume the performance of his functions as
President or Vice-President, as the case may be.
67. (1) There shall be a
Clerk to the National Assembly (who shall be the Clerk of both Houses)
and a Deputy Clerk and such other assistants as may be necessary.
(2) The National Assembly may
by law regulate the recruitment and the conditions of service of
persons referred to in subsection (1).
Powers and Procedure
68. Subject to the provisions
of this Constitution, the National Assembly may make laws for the
peace, order and good government of Belize.
69. (1) The National Assembly
may alter any of the provisions of this Constitution in the manner
specified in the following provisions of this section.
(2) Until after the first
general election held after Independence Day a Bill to alter any of the
provisions of this Constitution shall not be regarded as being passed
by the National Assembly unless on its final reading in each House the
Bill is supported by the unanimous vote of all members of that House.
(3) A Bill to alter this
section, Schedule 2 to this Constitution or any of the provisions of
this Constitution specified in that Schedule shall not be regarded as
being passed by the House of Representatives unless on its final
reading in the House the Bill is supported by the votes of not less
than three-quarters of all the members of the House.
(4) A Bill to alter any of
the provisions of this Constitution other than those referred to in
subsection (3) of this section shall not be regarded as being passed by
the House of Representatives unless on its final reading in the House
the Bill is supported by the votes of not less than two-thirds of all
the members of the House.
(5) A Bill to alter any of
the provisions of this Constitution referred to in subsection (3) of
this section shall not be submitted to the Governor-General for his
assent unless there has been an interval of not less than ninety days
between the introduction of the Bill in the House of Representatives
and the beginning of the proceedings in the House on the second reading
of the Bill.
(6) 1. A Bill to
alter any of the provisions of this Constitution shall not be submitted
to the Governor-General for his assent unless it is accompanied by a
certificate of the Speaker by him that the provisions of subsection
(2), (3) or (4) of this section, as the case may be, have been complied
with.
2. The
certificate of the Speaker under this subsection shall be conclusive
that the provisions of subsection (2), (3) or (4) of this section, as
the case may be, have been complied with and shall not be enquired into
by any court of law.
3. In this
subsection, references to the Speaker shall, if the person holding the
office of Speaker is for any reason unable to perform the functions of
his office and no other person is performing them, include references
to the Deputy Speaker.
(7) In this section and
Schedule 2 to this Constitution, references to any of the provisions of
this Constitution include references to any law that alters that
provision.
(8) In this section references to altering this Constitution or any provision thereof include references-
1. to revoking it, with or without re-enactment thereof or the making of different provision in lieu thereof;
2. to modifying
it, whether by omitting or amending any of its provision or inserting
additional provisions in it or otherwise; and
3. to suspending its operations for any period or terminating any such suspension.
70. Subject to provisions of
this Constitution, each house may make, amend or revoke Standing Orders
for the regulation and orderly conduct of its own proceedings and the
despatch of business, and the passing, intituling and numbering of
Bills and the presentation of the same to the Governor General for
assent.
(2) A Minister shall be permitted to address the House of which he is not a member but shall have no vote in that House.
71. (1) Except for the
purposes of enabling this section to be complied with, no member of
either House shall sit or vote therein, or be entitled to or receive
any salary or emoluments in respect of his office until he has made and
subscribed before that House the oath of allegiance and office:
Provided that the election of
a Speaker and Deputy Speaker of the House of Representatives and the
election of a President and Vice-President of the Senate may take place
before the members of the House of Representatives or of the Senate, as
the case may be, have made and subscribed such oath.
(2) If between the time when
a person becomes a member of the House of Representatives and the time
when that House first meets thereafter, a meeting takes place of any
committee of that House of which that person is a member, that person
may, in order to enable him to attend the meeting and take part in the
proceedings of the committee, make and subscribe the oath before the
Speaker or, if the Speaker is absent from Belize or the office of
Speaker is vacant, before the Deputy Speaker; and the making and
subscribing of the oath in such manner shall suffice for all the
purposes of this section.
(3) The provisions of
subsection (2) of this section shall apply in relation to a person who
becomes a member of the Senate as they apply in relation to a person
who becomes a member of the House of Representatives but as if
references to the Speaker and the Deputy Speaker were references to the
President and the Vice-President.
72. (1) The Speaker, or in
his absence, the Deputy Speaker, or, if they are both absent, a member
of the House of Representatives (not being a Minister) elected by the
House for that sitting shall preside at each sitting of the House.
(2) The President, or in his
absence, the Vice-President, or, if they are both absent, a Senator
(not being a Minister) elected by the Senate for that sitting shall
preside at each sitting of the Senate.
(3) References in this
section to circumstances in which the Speaker, Deputy Speaker,
President or Vice-President is absent include references to
circumstances in which the office of Speaker, Deputy Speaker, President
or Vice-President is vacant.
73. (1) Save as otherwise
provided in this Constitution, all questions proposed for decision in
either House shall be determined by a majority of the votes of the
members thereof present and voting.
(2) A Speaker elected from
among persons who are members of the House of Representatives or a
President elected from among persons who are Senators or a member of
either House presiding in that House shall have a original but not a
casting vote.
(3) A Speaker elected from
among persons who are not members of the House of Representatives or a
President elected from among persons who are not Senators shall have no
vote.
(4) If upon any question before either House the votes of the members are equally divided the motion shall be lost.
74. Without prejudice to any
provision made by the National Assembly relating to the powers,
privileges and immunities of the Senate or the House of Representatives
and the committees thereof, or the privileges and immunities of the
members and officers of either House and of other persons concerned in
the business of either House or the committees thereof, no civil or
criminal proceedings may be instituted against any member of either
House for words spoken before, or written in a report to, either House
or a committee thereof or by reason of any matter or thing brought by
him therein by petition, Bill, resolution, motion or otherwise.
75. A House shall not be
disqualified for the transaction of business by reason of any vacancy
in the membership thereof (including any vacancy not filled when the
House is first constituted or is reconstituted at any time) and any
proceedings therein shall be valid notwithstanding that some person who
was not entitled so to do sat and voted in the House or otherwise took
part in the proceedings.
76. (1) If at any sitting of
either House any member of the House who is present draws the attention
of the person presiding at the sitting to the absence of a quorum and,
after such interval as may be prescribed in the Standing Orders of the
House, the person presiding at the sitting ascertains that a quorum of
the House is still not present, the House shall be adjourned.
(2) For the purposes of this section-
1. a quorum of the House of Representatives shall consist of seven members of the House;
2. a quorum of the Senate shall consist of three Senators;
3. the person
presiding at the sitting of either House shall not be included in
reckoning whether there is a quorum of that House present.
77.(1) A Bill other than a money Bill may be introduced in either House. A money Bill shall not be introduced in the Senate.
(2) Except on the recommendation or with the consent of the Cabinet, signified by a Minister, neither House shall-
1. proceed with
any Bill (including any amendment to a Bill) which, in the opinion of
the person presiding, makes provision for any of the following purposes-
1. for imposing or increasing or reducing or abolishing any tax;
2. for imposing or increasing any charge on the revenues or other funds
of Belize or for altering any such charge otherwise than by reducing
it; or
3. for compounding or remitting any debt due to Belize;
2. proceed upon
any motion (including any amendment to a motion) the effect of which,
in the opinion of the person presiding, would be to make provision for
any of the purposes aforesaid; or receive any petition which, in the
opinion of the person presiding, requests that provision be made for
any of the purposes aforesaid, or
3. receive any
petition which, in the opinion of the person presiding, requests that
provision be made for any of the purposes aforesaid.
78. (1) If a money Bill,
having been passed by the House of Representatives and sent to the
Senate at least one month before the end of the session, is not passed
by the Senate without amendment within one month after it is sent to
that House, the Bill shall, unless the House of Representatives
otherwise resolves, be presented to the Governor-General for assent
notwithstanding that the Senate has not consented to the Bill.
(2) There shall be endorsed
on every money Bill when it is sent to the Senate the certificate of
the Speaker signed by him that it is a money Bill; and there shall be
endorsed OD any money Bill that is presented to the Governor-General
for assent in pursuance of subsection (1) of this section the
certificate of the Speaker signed by him that it is a money Bill and
that the provisions of that subsection have been complied with.
79. (1) If any Bill other
than a money Bill is passed by the House of Representatives in two
successive sessions (whether or not the National Bills other Assembly
is dissolved between those sessions) and, having been sent to the
Senate in each of those sessions at least one month before the end of
the session, is rejected by the Senate in each of those sessions, that
Bill shall, on its rejection for the second time by the Senate, unless
the House of Representatives otherwise resolves, be presented to the
Governor General for assent notwithstanding that the Senate has not
consented to the Bill:
Provided that the foregoing
provisions of this subsection shall not have effect unless at least six
months have elapsed between the date on which the Bill is passed by the
House of Representatives in the first session and the date on which it
is passed by the House in the second session.
(2) For the purposes of this
section a Bill that is sent to the Senate from the House of
Representatives in any session shall be deemed to be the same Bill as a
former Bill sent to the Senate in the preceding session if, when it is
sent to the Senate, it is identical with the former Bill or contains
only such amendments as are certified by the Speaker to be necessary
owing to the time that has elapsed since the date of the former Bill or
to represent any amendments which have been made by the Senate in the
former Bill in the preceding session.
(3) The House of
Representatives may, if it thinks fit, on the passage through that
House of a Bill that is deemed to be the same Bill as a former Bill
sent to the Senate in the preceding session, suggest any amendments
without inserting the amendments in the Bill, and if agreed to by the
Senate the said amendments shall be treated as amendments made by the
Senate and agreed to by the House of Representatives; but the exercise
of this power by the House of Representatives shall not affect the
operation of this section in the event of the rejection of the Bill in
the Senate.
4) There shall be inserted in
any Bill that is presented to the Governor-General for assent in
pursuance of this section any amendments that are certified by the
Speaker to have been made in the Bill by the Senate in the second
session and agreed to by the House of Representatives.
(5) There shall be endorsed
on any Bill that is presented to the Governor-General for assent in
pursuance of this section the certificate of the Speaker signed by him
that the provisions of this section have been complied with.
80. (1) In sections 77, 78 and
79 of this Constitution, "Money Bill" means a public Bill which, in the
opinion of the Speaker, contains only provisions dealing with all or
any of the following matters, namely, the imposition, repeal,
remission, alteration or regulation of taxation; the imposition, for
the payment of debt or other financial purposes, of charges on public
money, or the variation or repeal of any such charges; the grant of
money to the Crown or to any authority or person, or the variation or
revocation of any such grant; the appropriation, receipt, custody,
investment, issue or audit of accounts of public money, the raising or
guarantee of any loan or the repayment thereof, or the establishment,
alteration, administration or abolition of any sinking fund provided in
connection with any such loan; or subordinate matters incidental to any
of the matters aforesaid; and in this subsection the expression
"taxation", "debt", "Public money" and "loan" do not include any
taxation imposed, debt incurred or money provided or loan raised by any
local authority or body for local purposes.
(2) For the purposes of section 79 of this Constitution a Bill shall be deemed to be rejected by the Senate if-
1. it is not passed by the Senate without amendment; or
2. it is passed by the Senate with any amendment which is not agreed to by the House of Representatives.
(3) Whenever the office of
Speaker is vacant or the Speaker is for any reason unable to perform
any functions conferred on him by section 78 or 79 of this Constitution
or subsection (1) of this section, that function may be performed by
the Deputy Speaker.
(4) A certificate of the
Speaker or the Deputy Speaker under section 78 or 79 of this
Constitution shall be conclusive for all purposes and shall not be
questioned in any court of law.
(5) Before giving any
certificate under section 78 or 79 of this Constitution the Speaker or
the Deputy Speaker, as the case may be, shall consult the
Attorney-General or, if the Attorney-General is absent from the seat of
Government, such member of the Attorney-General's staff as the
Attorney-General may designate for that purpose.
81. (1) The power of the
National Assembly to make laws shall be exercised by Bills passed by
the Senate and the House of Representatives (or in the cases mentioned
in sections 78 and 79 of this Constitution by the House of
Representatives) and assented to by the Governor-General.
(2) When a Bill is submitted
to the Governor-General for assent in accordance with the provisions of
this Constitution he shall signify that he assents or that he withholds
assent thereto.
(3) When the Governor-General
assents to a Bill that has been submitted to him in accordance with the
provisions of this Constitution the Bill shall become law and the
Governor-General shall thereupon cause it to be published in the
Gazette as law.
(4) No law made by the
National Assembly shall come into operation until it has been assented
to by the Governor-General but the National Assembly may postpone the
coming into operation of any such law and may make laws with
retrospective effect.
(5) All laws made by the National Assembly shall be styled "Acts".
82. (1) In every Bill
presented to the Governor-General for assent, other than a Bill
presented under section 78 or 79 of this Constitution, the words of
enactment shall be as follows:-
"Be it enacted, by and with
the advice and consent of the House of Representatives and the Senate
of Belize and by the authority of the same, as follows:-"
(2) In every Bill presented
to the Governor-General for assent under section 78 or 79 of this
Constitution, the words of enactment shall be as follows:- "Be it
enacted, by and with the advice and consent of the House of
Representatives of Belize in accordance with the provisions of section
78 (or section 79, as the case may be) of the Constitution and by the
authority of the same, as follows:-"
(3) Any alteration of the
words of enactment of a Bill made in consequence of the provisions of
the preceding subsection shall not be deemed to be an amendment of the
Bill.
83. (1) There shall be a
session of the National Assembly at least once in every year, and each
session shall be held at such place within Belize and shall begin at
such time (not being later than six months from the end of the
preceding session if the National Assembly has been prorogued or four
months from the end of the session if the National Assembly has been
dissolved) as the Governor-General shall appoint by proclamation
published in the Gazette.
(2) Subject to the provisions
of subsection (1) of this section, the sittings of each House shall be
held at such time and place as that House may, by its Standing Orders
or otherwise, determine:
Provided that the first
sitting of each House after the National Assembly has at any time been
prorogued or dissolved shall begin at the same time.
84. (1) The Governor-General may at any time prorogue or dissolve the National Assembly.
(2) Subject to the provisions
of subsection (3) of this section the National Assembly, unless sooner
dissolved, shall continue for five years from the date of the first
sitting of the House of Representatives after any dissolution ant shall
then stand dissolved.
(3) At any time when Belize
is at war, the National Assembly may by law extend the period of five
years specified in subsection (2) of this section for not more than
twelve months at a time:
Provided that the life of the National Assembly shall not be extended under this subsection for more than two years.
(4) In the exercise of his
powers to dissolve the National Assembly, the Governor-General shall
act in accordance with the advice of the Prime Minister:
Provided that-
1. if the Prime
Minister advises a dissolution and the Governor-General, acting in his
own deliberate judgment, considers that the government of Belize can be
carried on without a dissolution and that a dissolution would not be in
the interests of Belize, he may, acting in his own deliberate judgment,
refuse to dissolve the National Assembly;
2. if a
resolution of no confidence in the Government is passed by the House of
Representatives and the Prime Minister does not within seven days
either resign or advise a dissolution, the Governor-General, acting in
his own deliberate judgment, may dissolve the National Assembly; and
3. if the office
of the Prime Minister is vacant and the Governor-General, acting in his
own deliberate judgment, considers that there is no prospect of his
being able within a reasonable time to make an appointment to that
office, the Governor-General shall dissolve the National Assembly.
(5) If, between a dissolution
of the National Assembly and the next ensuing general election of
members of the House of Representatives, an emergency arises of such a
nature that, in the opinion of the Prime Minister, it is necessary for
the two houses or either of them to be summoned before that general
election can be held, the Governor-General may, by proclamation
published in the Gazette, summon the two Houses of the preceding
National Assembly and that National Assembly shall thereupon be deemed
(except for the purposes of section 85 of this Constitution) not to
have been dissolved but shall be deemed (except as aforesaid) to be
dissolved on the date on which the polls are held in the next ensuing
general election.
(6) During the period between
the dissolution of the National Assembly and the appointment of a Prime
Minister after a general election, the government of Belize shall
continue to be administered by the Prime Minister and the other
Ministers and Deputy Ministers of the Government.
85. ( I ) A general election
of members of the House of Representatives shall be held at such time
within three months after every dissolution of the National Assembly as
the Governor-General, acting in accordance with the advice of the Prime
Minister, shall appoint.
(2) As soon as practicable
after every general election, the Governor-General shall proceed under
section 61 of this Constitution to the appointment of Senators.
(3) Where the seat of a
member of the House of Representatives or a Senator falls vacant
otherwise than by reason of a dissolution of the National Assembly-
1. if the vacant seat is that of a member of the House, a by election shall be held; or
2. if the vacant seat is that of a Senator, an appointment shall be made,
to fill the vacancy within three months of the occurrence of the vacancy unless the National Assembly is sooner dissolved.
86. (1) Any question whether-
1. any person
has been validly elected as a member of the House of Representatives or
validly appointed as a Senator;
2. any member of
the House of Representatives or Senator has vacated his seat or is
required, under the provisions of section 59(3) or section 64(3) of
this Constitution, to cease to exercise any of his functions as a
member of the House of Representatives or as a Senator; or
3. any person
has been validly elected as Speaker of the House of Representatives or
President of the Senate from among persons who are not members of the
House of Representatives or Senators, or, having been so elected, has
vacated the office of Speaker or of President,
shall be determined by the Supreme Court in accordance with the provisions of any law.
(2) Proceedings for the
determination of any question referred to in the preceding subsection
shall not be instituted except with the leave of a justice of the
Supreme Court.
(3) No appeal shall lie from
the decision of a justice of the Supreme Court Warranting or refusing
leave to institute proceedings in accordance with the preceding
subsection.
87. Any person who sits or
votes in either House knowing or having reasonable cause for knowing
that he is not entitled to do so shall be liable to a penalty not
exceeding one hundred dollars for every day upon which he so sits or
votes in that House, which penalty shall be recoverable by action in
the Supreme Court at the suit of the Attorney-General.
88.-(1) There shall be an
Elections and Boundaries Commission which shall consist of a Chairman
and four other members who shall be persons of integrity and high
national standing.
(2) The chairman and two
other members of the Elections and Boundaries Commission shall he
appointed by the Governor-General, acting in accordance with the advice
of the Prime Minister given after consultation with the Leader of the
Opposition, and the remaining two members shall he appointed by the
Governor-General acting in accordance with the advice of the Prime
Minister given with the concurrence of the Leader of the Opposition:
Provided that in the process
of consultation with the Leader of the Opposition for the appointment
of the Chairman the Prime Minister shall use his best endeavours to
secure the agreement of the Leader of the Opposition.
(3) No person shall be
qualified to be appointed as a member of the Commission if he is a
member of the National Assembly or if he holds or is acting in any
public office.
(4) If any member of the
Commission dies or resigns, the Governor-General shall appoint another
person in his place in the same manner in which such member was
appointed.
(5) Subject to the provisions of this section, the office of a member of the Commission shall become vacant-
1. at the expiration of five years from the date of his appointment; or
2. if any
circumstances arise that, if he were not a member of the Commission,
would cause him to be disqualified for appointment as such.
(6) A member of the
Commission may be removed from office only for inability to perform the
functions of his office (whether arising from infirmity of mind or body
or from any other cause) or for misbehaviour, and shall not be so
removed except in accordance with the provisions of this section.
(7) A member of the
Commission shall be removed from office by the Governor-General if the
question of the removal of that member from office has been referred to
the Belize Advisory Council in accordance with the next following
subsection and the Belize Advisory Council has advised the
Governor-General that that member ought to removed from office for
inability as aforesaid or for misbehaviour.
(8) If the Prime Minister
represents to the Governor-General that the question of removing a
member of the Commission under this section ought to be investigated,
then-
1. the
Governor-General shall refer the matter to the Belize Advisory Council
which shall sit as a tribunal in the manner provided in Section 54 of
this Constitution; and
2. the Belize
Advisory Council shall enquire into the matter and report on the facts
thereof to the Governor- General and advise the Governor-General
whether that member of the Commission should be removed under this
section.
(9) If the question of
removing a member of the Commission from office has been referred to
the Belize Advisory Council under the preceding subsection. the
Governor-General may suspend the member from performing the functions
of his office, and any such suspension may at any time be revoked by
the Governor-General and shall in any case cease to have effect if the
Belize Advisers Council advises the Governor-General that the member
should not be removed from office.
(10) If the office of a
member of the Commission is vacant or a member is for any reason unable
to perform the functions of his office, the Governor-General may
appoint another person in the same manner in which such member was
appointed, to act as a member of the Commission, and any person so
appointed shall, subject to the provisions of subsections (6), (7), (8)
and (9) of this section, continue to act until he is notified by the
Governor-General that the circumstances giving rise to the appointment
have ceased to exist.
(11) A member of the
Commission shall not enter upon the duties of his office unless he has
taken and subscribed the oath of allegiance and office.
(12) The Commission may
regulate its own procedure and, with the approval of the
Governor-General given in accordance with the advice of the Prime
Minister, confer powers or impose duties on any public officer or
authority of the Government for the purpose of the discharge of its
functions.
(13) The Commission shall be
responsible for the direction and supervision of the registration of
voters and the conduct of elections, referenda and all matters
connected therewith.
(14) In the exercise of its
functions, the Commission shall not be subject to the direction or
control of any other person or authority and shall subject to the
provisions of this Constitution, act in accordance with the
Representation of the People Act or any other law, rule or regulation
relating to elections.
89.-(1) For the purposes of
the election of members of the House of Representatives, Belize shall
be divided into eighteen electoral divisions, the names and boundaries
of which are set out in Schedule I to the Representation of the People
Ordinance 1978.
(2) Each electoral division shall be represented in the House of Representatives by one elected member.
90. (1) The Elections and
Boundaries Commission shall, after considering the distribution of the
population throughout Belize, make proposals from time to time for
dividing Belize into electoral divisions in such a way that-
1. each electoral division shall have as nearly as may be an equal number of persons Eligible to vote;
2. the total number of electoral divisions shall be not less then twenty-eight.
(2) In fixing the boundaries
of electoral divisions the Commission shall have regard to the
transport and other facilities of the division, and to its physical
features.
(3) The proposals of the
Commission made pursuant to this section shall be laid before the
National Assembly by the Chairman of the Commission, and the electoral
divisions specified in those proposals shall be the electoral divisions
of Belize for the purposes of any law for the time being in force
relating to the election of members of the House of Representatives
when, and shall not be such electoral divisions until, enacted as law
by the National Assembly.
(4) When the Elections and
Boundaries Commission considers it necessary to increase the number of
electoral divisions as specified in subsection (1), it shall make
proposals to the National Assembly, and the National Assembly may enact
a law to give effect to such proposals, with such amendments and
modifications as may seem appropriate to the National Assembly.
91. Any redivision of
electoral divisions effected in accordance with section 90 of this
Constitution shall, in respect of the election of members, of the House
of Representatives, come into operation at the next general election
held after such redivision and not earlier.
92. At any general election-
1. every citizen
of Belize or a citizen of any Commonwealth Country who has attained the
age of eighteen years and who satisfies the requirements of the
Representation of the People Ordinance 1978 shall have the right to
vote;
2. no person shall be entitled to more than one vote; and
3. votes shall be cast in a secret ballot.
93. Subject to the provisions
of sections 88 to 92 inclusive of this Constitution, the provisions of
the Representation of the People Ordinance 1978 shall apply to the
franchise, registration of voters, the administration of the electoral
system, offences relating to the electoral system, the conduct of
elections, and all matters connected therewith.
PART VII
The Judiciary
94. There shall be for Belize a Supreme Court of Judicature and a Court of Appeal.
95. (1) The Supreme Court
shall have unlimited original jurisdiction to hear and determine any
civil or criminal proceedings under any law and such jurisdiction and
powers as may be conferred on it by this Constitution or any other law.
(2) The justices of the
Supreme Court shall be the Chief Justice and such number of other
justices as may from time to time be prescribed by the National
Assembly:
Provided that the office of a justice shall not be abolished while there is a substantive holder thereof.
(3) The Supreme Court shall
be a superior court of record and, save as otherwise provided by any
law, shall have all the powers of such a court.
(4) The Supreme Court shall sit in such places as the Chief Justice may appoint.
96. (1) Subject to the
provisions of sections 33(2), 34(4), 54(15), 69(6), 80(4) and 123(3) of
this Constitution, where any question as to the interpretation of this
Constitution arises in any court of law established for Belize (other
than the Court of Appeal, the Supreme Court or a court martial) and the
court is of opinion that the question involves a substantial question
of law, the court shall refer the question to the Supreme Court.
(2) Where any question is
referred to the Supreme Court in pursuance of this section, the Supreme
Court shall give its decision upon the question and the court in which
the question arose shall dispose of the case in accordance with that
decision or, if the decision is the subject of an appeal to the Court
of Appeal or Her Majesty in Council, in accordance with the decision of
the Court of Appeal or, as the case may be, Her Majesty in Council.
97. (1) The Chief Justice
shall be appointed by the Governor General, acting in accordance with
the advice of the Prime Minister given after consultation with the
Leader of the Opposition.
(2) Justices of the Supreme
Court other than the Chief Justice shall be appointed by the
Governor-General, acting in accordance with the advice of the Judicial
and Legal Services section of the Public Services Commission and with
the concurrence of the Prime Minister given after consultation with the
Leader of the Opposition.
(3) A person shall not be qualified to be appointed as a justice of the Supreme Court unless-
1. he is
qualified to practice as an attorney-at-law in a court in Belize or as
an advocate in a court in any other part of the Commonwealth having
unlimited jurisdiction either in civil or criminal causes or matters;
and
2. he has been qualified for not less than five years so to practice in such a court.
(4) If the office of Chief
Justice is vacant or the Chief Justice is for any reason including his
absence from Belize unable to exercise the functions of his office,
then, until a person has been appointed to and has assumed the
functions of that office or until the person holding that office has
resumed those functions, as the case may be, they shall be exercised by
the justice other than the Chief Justice, or if there be more than one
then by such one of the justices as may for the time being be
designated in that behalf by the Governor-General, acting in the manner
prescribed in subsection (1) of this section.
(5) If the office of any
justice other than the Chief Justice is vacant or if any such justice
is appointed to act as Chief Justice or is for any reason unable to
perform the functions of his office or if the Chief Justice advises the
Governor-General that the state of business in the Supreme Court so
requires, the Governor-General, acting in the manner prescribed in
subsection (2) of this section, may appoint a person who is qualified
to be appointed as a justice of the Supreme Court to act as a justice
of that court:
Provided that a person may act as a justice notwithstanding that he has attained the age of sixty-two years.
(6) Any person appointed
under subsection (5) of this section to act as a justice shall, subject
to the provisions of subsections (4) and (6) of section 98 of this
Constitution. continue to act for the period of his appointment or, if
no such period is specified, until his appointment is revoked by the
Governor-General:
Provided that,
notwithstanding the expiration of the period of his appointment or the
revocation of his appointment, he may thereafter continue to act as a
justice for so long as may be necessary to enable him to deliver
judgment or to do any other thing in relation to proceedings that were
commenced before him previously thereto.
98. (1) Subject to the
following provisions of this section, a justice of the Supreme Court
shall hold office until he attains the age of sixty-two years:
Provided that-
1. he may at any time resign his office; and
2. the Governor General-
1. in the case of the Chief Justice, acting in accordance with the
advice of the Prime Minister given after consultation with the Leader
of the Opposition; and
2. in the case of a Justice of the Supreme Court other than the Chief
Justice, acting in accordance with the advice of the Judicial and Legal
Services Section of the Public Services Commission ant with the
concurrence of the Prime Minister given after consultation with the
Leader of the Opposition,
may permit a Justice who
attains the age of sixty-two years to continue in office until he has
attained any later age not exceeding seventy years.
(2) Notwithstanding that he
has attained the age at which he is required by or under this section
to vacate his office, a person holding the office of a justice of the
Supreme Court may continue in office for so long after attaining that
age as may be necessary to enable him to deliver judgment or to do any
other thing in relation to proceedings that were commenced before him
before he attained that age.
(3) A justice of the Supreme
Court may be removed from office only for inability to perform the
functions of his office (whether arising from infirmity of body or mind
or from any other cause) or for misbehaviour, and shall not be so
removed except in accordance with the provisions of this section.
(4) A justice of the Supreme
Court shall be removed from office by the Governor-General if the
question of the removal of that justice from office has been referred
to the Belize Advisory Council in accordance with the next following
subsection and the Belize Advisory Council has advised the Governor
General that that justice ought to be removed from office for inability
as aforesaid or for misbehaviour.
(5) If the Governor General
considers that the question of removing a justice of the Supreme Court
from office for inability as aforesaid or for misbehaviour ought to be
investigated, then-
1. the
Governor-General shall refer the matter to the Belize Advisory Council
which shall sit as a tribunal in the manner provided in Section 54 of
this Constitution; and
2. the Belize
Advisory Council shall enquire into the matter and report on the facts
thereof to the Governor-General and advise the Governor-General whether
that justice should be removed under this section.
(6) If the question of
removing a justice of the Supreme Court from office has been referred
to the Belize Advisory Council under the preceding subsection, the
Governor-General may suspend the justice from performing the functions
of his office, and any such suspension may at any time be revoked by
the Governor-General and shall in any case cease to have effect if the
Belize Advisory Council advises the Governor- General that the justice
should not be removed from office.
(7) Except as otherwise
provided in this section, the functions of the Governor-General under
this section shall be exercised by him in his own deliberate judgment.
99. A justice of the Supreme
Court shall not enter upon the duties of his office unless he has taken
and subscribed the oath of allegiance and office.
100. (1) The Court of Appeal
shall have such jurisdiction and powers to hear and determine appeals
in civil and criminal matters as may be conferred on it by this
Constitution or any other law.
(2) The Judges of the Court
of Appeal (hereinafter referred to as "Justices of Appeal") shall be a
President and such number of other Justices as may be prescribed by the
National Assembly:
Provided that the office of Justice of Appeal shall not be abolished while there is a substantive holder of that office.
(3) The Court of Appeal shall
be a superior court of record and, save as otherwise provided by any
law, shall have all the powers of such a court.
(4) The Court of Appeal shall sit in such places as the President may appoint.
101. (1) The Justices of
Appeal shall be appointed by the Governor- General, acting in
accordance with the advice of the Prime Minister given after
consultation with the Leader of the Opposition, for such period as may
be specified in the instrument of appointment.
(2) A person shall not be qualified to be appointed as a Justice of Appeal unless either-
1. he holds or
has heft office as judge of a court having unlimited jurisdiction in
civil and criminal matters in some part of the Commonwealth or a court
having jurisdiction in appeals from any such court; or
2. he is
qualified to practice as an attorney-at-law in a court in Belize or as
an advocate in a court in any other part of the Commonwealth having
unlimited jurisdiction in either civil or criminal causes or matters
and has been so qualified for Dot less than fifteen years.
(3) Any power exercisable by
a single Justice of Appeal may, at any time when there is no such
Justice present in Belize and able to perform the functions of his
office, be exercised by a justice of the Supreme Court as if that
justice were a Justice of Appeal.
(4) If the office of the
President is vacant or he is for any reason unable to perform the
functions of his office, then until some other person has been
appointed to or has been appointed to act in, and has assumed the
functions of, that office, or until the President has resumed those
functions, as the case may be, those functions shall be performed by
such one of the other Justices of Appeal as the Governor-General,
acting in accordance with the advice of the Prime Minister given after
consultation with the Leader of the Opposition, may appoint for that
purpose.
(5) If the office of a
Justice of Appeal other than the President is vacant, or if any such
Justice is appointed to act as the President, or is for any season
unable to perform the functions of his office, the Governor General,
acting in accordance with the advice of the Prime Minister given after
consultation with the Leader of the Opposition, may appoint a person
possessing such legal qualifications and experience as he, after
consultation with the President, may deem appropriate to be temporarily
a Justice of Appeal.
(6) Any person appointed
under subsection (5) of this section to he temporarily a Justice of
Appeal shall hold office until his appointment is revoked by the
Governor-General.
102.-(1) Subject to the
following provisions of this section, the office of a Justice of Appeal
shall become vacant upon the expiration of the period of his
appointment to that office or if he resigns his office.
(2) A Justice of Appeal may
be removed from office only for inability to discharge the functions of
his office (whether arising from infirmity of body or mind or any other
cause) or for misbehaviour, ant shall not be so removes except in
accordance with the provisions of this section.
(3) A Justice of Appeal shall
be removed from office by the Governor-General if the question of the
removal of that Justice from office has been referred to the Belize
Advisory Council in accordance with the next following subsection and
the Belize Advisory Council has advises the Governor-General that that
Justice ought to be removed from office for inability as aforesaid or
for misbehaviour.
(4) If the Governor-General
considers that the question of removing a Justice of Appeal from office
for inability as aforesaid or for misbehaviour ought to be
investigated, then-
1. the
Governor-General shall refer the matter to the Belize Advisory Council
which shall sit as a tribunal in the manner provided in section 54 of
this Constitution; and
2. The Belize
Advisory Council shall enquire into the matter and report on the facts
thereof to the Governor-General and advise the Governor-General whether
that Justice should be removed under this section.
(5) If the question of
removing a Justice of Appeal from office has been referred to the
Belize Advisory Council under the preceding subsection, the
Governor-General may suspend the Justice from performing the functions
of his office, and any such suspension may at any time be revoked by
toe Governor-General and shall in any case ease to have effect if the
Belize Advisory Council advises the Governor-General that the Justice
should not be removed from office.
(6) Except as provided in
subsection (3) of this section, the functions of the Governor-General
under this section shall be exercised by him in his own deliberate
judgment.
103. A Justice of Appeal
shall not enter upon the duties of his office unless he has taken and
subscribed the oath of allegiance and office.
104. (1) An appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council as of right in the following cases-
1. final
decisions in any civil, criminal, or other proceedings which involve a
question as to the interpretation of this Constitution; and
2. such other eases as may be prescribed by the National Assembly.
(2) An appeal shall lie from
decisions of the Court of Appeal to Her Majesty in Council with the
leave of the Court of Appeal in the following cases-
1. decisions in
any civil proceedings where in the opinion of the Court of Appeal the
question involved in the appeal is one which by reason of its general
or public importance or otherwise ought to be submitted to Her Majesty
in Council; and
2. such other cases as may be prescribed by the National Assembly.
(3) An appeal shall lie to
Her Majesty in Council with the special leave of Her Majesty from any
decision of the Court of Appeal in any civil, criminal or other matter.
PART VIII
The Public Service
105. (1) There shall be for
Belize a Public Services Commission which shall consist of a Chairman
and eighteen other members who shall include as ex officio members the
Chief Justice, the Solicitor General, the Permanent Secretary,
Establishment, the Permanent Secretary to the Ministry of Home Affairs,
the Permanent Secretary to the Ministry of Defence, the Permanent
Secretary to the Ministry for the time being responsible for the Prison
Service, the Superintendent of Prisons, the Commissioner of Police, the
Director, Security and Intelligence Service and the Commandant of the
Belize Defence Force.
(2) The Chairman and other
members of the Commission, other than the ex officio members, shall be
appointed by the Governor-General, acting in accordance with the advice
of the Prime Minister given after consultation with the Leader of the
Opposition.
(3) No person shall be
qualified to be appointed as a member of the Commission if he is a
member of the National Assembly or, save in respect of the ex officio
members, if he holds or is acting in any public office.
(4) Save in respect of the ex
officio members, a person shall not, while he holds or is acting in the
office of a member of the Commission or within a period of two years
commencing from the date on which he last held or acted in that office,
be eligible for appointment to any public of lice.
(5) Subject to the provisions of this section, the office of a member of the Commission shall become vacant-
1. at the
expiration of three years from the date of his appointment or such
earlier time, being not less than two years, as may be specified in the
instrument by which he was appointed; or
2. if any
circumstances arise that, if he were not a member of the Commission,
would cause him to be disqualified for appointment as such.
(6) A member of the
Commission may be removed from office only for inability to perform the
functions of his office (whether arising from infirmity of mind or body
or from any other cause) or for misbehaviour, and shall not be so
removed except in accordance with the provisions of this section.
(7) A member of the
Commission shall be removed from office by the Governor-General if the
question of the removal of that member from office has been referred to
the Belize Advisory Council in accordance with the next following
subsection and the Belize Advisory Council has advised the
Governor-General that that member ought to be removed from office for
inability as aforesaid or for misbehaviour.
(8) If the Prime Minister
represents to the Governor-General that the question of removing a
member of the Commission under this section ought to be investigated,
then-
1. the
Governor-General shall refer the matter to the Belize Advisory Council
which shall sit as a tribunal in the manner provided in Section 54 of
this Constitution; and
2. the Belize
Advisory Council shall enquire into the matter and report on the facts
thereof to the Governor-General and advise the Governor-General whether
that member of the Commission should be removed under this section.
(9) If the question of
removing a member of the Commission from office has been referred to
the Belize Advisory Council under the preceding subsection, the
Governor-General may suspend the member from performing the functions
of his office, and any such suspension may at any time be revoked by
the Governor-General and shall in any case cease to have effect if the
Belize Advisory Council advises the Governor-General that the member
should not be removed from office.
(10) If the office of a
member of the Commission is vacant or a member is for any reason unable
to perform the functions of his office, the Governor-General may
appoint a person who is qualified for appointment as a member of the
Commission to act as a member of the Commission, and any person so
appointed shall, subject to the provisions of subsections (6), (a), (8)
and (9) of this section, continue to act until he is notified by the
Governor-General that the circumstances giving rise to the appointment
have ceased to exist.
(11) In the exercise of its functions the Commission shall be so organised that of the eighteen members other than the Chairman-
1. five, of whom
the Permanent Secretary, Establishment shall be ex-officio member,
shall be responsible for matters relating to the public service other
than the judicial and legal services, the Police Force, the Security
and Intelligence Service, the National Fire Service, the Prison Service
and the military Service;
2. two, being ex
officio the Chief Justice and the Solicitor General, shall be
responsible for matters rebating to the judicial and legal services;
3. four, of whom
the Permanent Secretary to the Ministry of Defence and the Commandant
of the Belize Defence Force shall be car officio members, shall be
responsible for matters relating to the military service; and
4. three, of
whom the Permanent Secretary to the Ministry of Home Affairs and the
Commissioner of Police shall be ax officio members, shall be
responsible for matters relating to the Police Force and the National
Fire Service; and
5. three, of
whom the Permanent Secretary to the Ministry of Home Affairs and the
Director, Security and Intelligence Service shall be ax officio
members, shall be responsible for matters relating to the Security and
Intelligence Service;
6. two, being
ex-officio the Permanent Secretary to the Ministry for the time being
responsible for the Prison Service and the Superintendent of Prisons,
shall be responsible for matters relating to the Prison Service;
and in considering the
matters referred to, the Commission shall comprise the members
responsible for that matter and the Chairman.
(12) A member of the
Commission shall not enter upon the duties of his office unless he has
taken and subscribed the oath of allegiance and office.
(13) The Commission shall, in
the exercise of its functions under this Constitution, not be subject
to the direction or control of any other person or authority.
(14) The Commission may by
regulation make provision for regulating and facilitating the
performance of its functions under this Constitution.
(15) Subject to the provisions of this section, the Commission may regulate its own procedure.
(16) Any decision of the
Commission shall require the concurrence of a majority of all the
members thereof and, subject to its rules of procedure, the Commission
may act notwithstanding the absence of any member other than the
Chairman:
Provided that, in the
exercise of its responsibilities for any matter referred to in
subsection (11) of this section, any decision of the Commission shall
require the concurrence of a majority of those persons comprising the
Commission for the purposes of that matter.
Provided further that in any
matter before the Commission or any section thereof, where the votes
are equally divided, the Chairman shall have a casting vote in addition
to his original vote.
(17) In subsection (11) of this section-
1. "Judicial and
legal services" means service in the offices of Registrar General,
Deputy Registrar General, Registrar, Deputy Registrar and Assistant
Registrar of the Supreme Court, Registrar and Deputy Registrar of the
Court of Appeal, Chief Magistrate, Magistrate, Legal Draftsman, Law
Revision Counsel, Crown Counsel, Legal Assistant and such other public
offices requiring a legal qualification as the Attorney-General may
from time to time, by order published in the Gazette, prescribe;
"Military service" means service in the Belize Defence Force or in any
other military, naval or air force established for Belize.
106. (1) The power to appoint
persons to hold or act in offices in the public service (including the
power to transfer or confirm appointments), and, subject to the
provisions of section 111 of this Constitution, the power to exercise
disciplinary control over persons holding or acting in such offices and
the power to remove such persons from office shall vest in the Public
Services Commission constituted for each case as prescribed in section
105(11) of this Constitution.
(2) In subsection (1) of this
section, "public service" includes the military service, as defined in
section 105(17) of this Constitution.
(3) Subject to the provisions
of this Constitution, the Governor-General, acting in accordance with
the advice of the Minister or Ministers responsible for the public
service given after consultation with the recognised representatives of
the employees or other persons or groups within the public service as
may be considered appropriate, may make regulations on any matter
relating to-
1. the formulation of schemes for recruitment to the public service;
2. the determination of a code of conduct for public officers;
3. the fixing of salaries and privileges;
4. the principles governing the promotion and transfer of public officers;
5. measures to
ensure discipline, and to govern the dismissal and retirement of public
officers, including the procedures to be followed;
6. the procedure for delegation of authority by and to public officers; and
7. generally for the management and control of the public service.
(4) The Public Services
Commission shall, in the exercise of its functions under this section,
be governed by regulations made under subsection (3) of this section.
(5) The Public Services
Commission may, by directions in writing and subject to such conditions
as it thinks fit, delegate any of its powers under subsection (1) of
this section to any one or more members of the Commission or, with the
consent of the Prime Minister, to any public officer.
(6) The provisions of subsection (1) of this section shall not apply in relation to the following offices, that is to say-
1. any office to which section 107 of this Constitution applies;
2. the offices of justice of the Supreme Count and Justice of Appeal;
3. the office of Auditor-General;
4. the office of Director of Public Prosecutions; or
5. any office to which section 110 or Section 110A or Section 110B of this Constitution applies.
(7) No person shall be
appointed under this section to or to act in any office on the
Governor-General's personal staff except with the concurrence of the
Governor-General, acting in his own deliberate judgment.
(8) A public officer shall
not be removed from office or subjected to any other punishment under
this section on the grounds of any act done or omitted by him in the
exercise of a judicial function conferred on him unless the Judicial
and Legal Services section of the Public Services Commission concurs
therein.
107. (1) This section applies
to the offices of Financial Secretary, Deputy Financial Secretary,
Secretary to the Cabinet, Solicitor General, Permanent Secretary, head
of a department of Government, Commissioner of Police, Director,
Security and Intelligence Service, Commandant, Belize Defence Force,
Ambassador, High Commissioner or principal representative of Belize in
any other country or accredited to any international organization and,
subject to the provisions of this Constitution, any other office
designated by the Governor-General, acting in accordance with the
advice of the Prime Minister given after consultation with the Public
Services Commission.
(2) The power to appoint
persons to hold or to act in offices to which this section applies
(including the power to transfer or to confirm appointments) and,
subject to the provisions of Section 111 of this Constitution, the
power to exercise disciplinary control over persons holding or acting
in such offices and the power to remove such parsons from office shall
vest in the Governor-General, acting in accordance with the advice of
the Prime Minister.
(3) References in this
section to a department of Government shall not include the office of
the Governor-General, the department of the Director of Public
Prosecutions or the department of the Auditor General.
108. (1) The Director of
Public Prosecutions shall be appointed by the Governor-General, acting
in accordance with the advice of the Judicial and Legal Services
Section of the Public Services Commission and with the concurrence of
the Prime Minister given after consultation with the Leader of the
Opposition.
(2) A person shall not be
qualified for appointment to hold or act in the office of Director of
Public Prosecutions unless he is qualified to be appointed as a justice
of the Supreme Court.
(3) If the office of Director
of Public Prosecutions is vacant or if the holder of that office is for
any reason unable to exercise the functions of his office, the
Governor-General, acting in accordance with the advice of the Public
Services Commission and with the concurrence of the Prime Minister
given after consultation with the Leader of the Opposition, may appoint
a person to act as Director.
(4) A person appointed to act
in the office of Director of Public Prosecutions shall, subject to the
provisions of subsections (5), (7), (8) and (9) of this section, cease
so to act-
1. when a person
is appointed to hold that office and has resumed the functions thereof
or, as the case may be, when the person in whose pace he is acting
resumes the functions of that office; or
2. at such earlier time as may be prescribed by the terms of his appointment.
(5) Subject to the provisions
of subsection (6) of this section, the Director of Public Prosecutions
shall vacate his office when he attains the age of sixty years or such
other age as may be prescribed by the National Assembly:
Provided that any law enacted
by the National Assembly, to the extent to which it alters the
prescribed age after a person has been appointed to be or to act as
Director of Public Prosecutions, shall not have effect in relation to
that person unless he consents that it should have effect.
(6) The Director of Public
Prosecutions may be removed from office only for inability to perform
the functions of his office (whether arising from infirmity of nuns or
body or from any other cause) or for misbehaviour, and shall not be so
removed except in accordance with the provisions of this section.
(7) The Director of Public
Prosecutions shall be removed from office by the Governor-General if
the question of his removal from office has been referred to the Belize
Advisory Council in accordance with the next following subsection and
the Belize Advisory Council has advised the Governor-General that he
ought to be removed from office for inability as aforesaid or for
misbehaviour.
(8) If the Prime Minister
represents to the Governor-General that the question of removing the
Director of Public Prosecutions under this section ought to be
investigated, then-
1. the
Governor-General shall refer the matter to the Belize Advisory Council
which shall sit as a tribunal in the manner provided in Section 54 of
this Constitution; and
2. the Belize
Advisory Council shall enquire into the matter and report on the facts
Hereof to the Governor-General and advise the Governor-General whether
he should be removed under this section
(9) If the question of
removing the Director of Public Prosecutions from office has been
referred to the Belize Advisory Council under the preceding subsection,
the Governor-General may suspend him from performing the functions of
his office, ant any such suspension may at any time be revokes by the
Governor-General and shall in any case cease to have effect if the
Belize Advisory Council advises the Governor-General that be should not
be removed from office.
109. (1) The Auditor-General
shall be appointed by the Governor- General, acting in accordance with
the advice of the Public Services Commission and with the concurrence
of the Prime Minister given after consultation with the Leader of the
Opposition.
(2) If the office of
Auditor-General is vacant or if the holder of that office is for any
reason unable to exercise the functions of his office, the
Governor-General, acting in accordance with the advice of the Public
Services Commission and with the concurrence of the Prime Minister
given after consultation with the Leader of the Opposition, may appoint
a person to act as Auditor-General.
(3) A person appointed to act
in the office of Auditor-General shall, subject to the provisions of
subsections (4), (6), (7) and (8) of this section, cease so to act-
1. after a
person is appointed to hold that office and has assumed the functions
thereof or, as the case may be, when the person in whose place he is
acting resumes the functions of that office; or
2. at such earlier time as may be prescribed by the terms of his appointment.
(4) Subject to the provisions
of subsection (5) of this section, the Auditor-General shall vacate his
office when he attains the age of sixty years or such other age as may
be prescribed by the National Assembly:
Provided that any law enacted
by the National Assembly, to the extent to which it alters the
prescribed age after a person has been appointed to be or to act as
Auditor-General, shall not have effect in relation to that person
unless he consents that it should have effect.
(5) The Auditor-General may
be removed from office only for inability to perform the functions of
his office (whether arising from infirmity of mind or body or from any
other cause) or for misbehaviour, and shall not be so removed except in
accordance with the provisions of this section.
(6) The Auditor-General shall
be removed from office by the Governor-General if the question of his
removal from office has been referred to the Belize Advisory Council in
accordance with the next following subsection and the Belize Advisory
Council has advised the Governor-General that he ought to be removed
from office for inability as aforesaid or for misbehaviour.
(7) If the Prime Minister
represents to the Governor-General that the question of removing the
Auditor-General under this section ought to be investigated, then-
1. the
Governor-General shall refer the matter to the Belize Advisory Council
which shall sit as a tribunal in the manner provided in Section 54 of
this Constitution; and
2. the Belize
Advisory Council shall enquire into the matter and report on the facts
thereof to the Govemor-General and advise the Governor-General whether
he should be removed under this section.
(8) If the question of
removing the Auditor-General from office has been referred to the
Belize Advisory Council under the preceding subsection, the
Governor-General may suspend him from performing the functions of his
office, and any such suspension may at any time be revoked by the
Governor-General and shall in any case cease to have effect if the
Belize Advisory Council advises the Governor-General that he should not
be removed from office.
110. (1) Power to appoint
persons to hold or act in any office in the Police Force (including
power to confirm appointments) below the rank of Inspector and to
exercise disciplinary control over persons holding or acting in such
offices and to remove such persons from office sha11 vest in the
Commissioner of Police.
(2) The Commissioner of
Police may, subject to such conditions he thinks fit, delegate any of
his powers under this section, by directions in writing, to any other
officer of the Police Force.
110A. (l) The power to
appoint persons to hold or act in any office in the Security and
Intelligence Service (including power to confirm appointments) to the
rank of Grade III of that Service or below and to exercise disciplinary
control over persons holding or acting in such offices and to remove
such persons from office sha11 vest in the Director of the Service
subject to the approval of the Minister for the time being responsible
for the Service.
(2) The Director, Security
and Intelligence Service may, subject to such conditions as he thinks
fit, delegate any of his powers under this section, by directions in
writing, to any senior officer of the Service.
110B. (l) The power to
appoint persons to hold or act in any office in the Prison Service
(including power to confirm appointments) below the rank of Principal
Officer, ant to exercise disciplinary control over persons holding or
acting in such offices and to remove such persons from office, shall
vest in the Superintendent of Prisons.
(2) The Superintendent of
Prisons may, subject to such conditions as he thinks fit, delegate any
of his powers under this section, by directions in writing, to any
other senior officer of the Prison Service.
111. (1) This section applies to-
1. any decision
of the Governor-General, acting in accordance with the advice of the
Prime Minister or the Public Services Commission as the case may be, in
relation to the public service, or any decision of the Public Services
Commission to remove a public officer from office or to exercise
disciplinary control over a public officer (including a decision made
on appeal from or confirming a decision of any person to whom powers
are delegated under auction 106(5) of this Constitution);
2. any decision
of any person to whom powers are delegated under section 106(5) of this
Constitution to remove a public officer from office or to exercise
disciplinary control over a public officer (not being a decision which
is subject to appeal to or confimnation by the Public Services
Commission); and
3. if it is so
provided by the National Assembly, any decision of the Commissioner of
Police under subsection (1) of section 110 of this Constitution, or of
a person to whom powers are delegated under subsection (2) of that
section, to remove a police officer from office or to exercise
disciplinary control over a police officer.
4. if it is so
provided by the National Assembly, any decision of the Superintendent
of Prisons under sub- section (1) of Section ll0B of this Constitution,
or of a person to whom powers are delegated under subsection (2) of
that section, to remove an officer in the Prison Service from office or
to exercise disciplinary control over such officer.
(2) Subject to the provisions
of this section, an appeal shall lie to the Belize Advisory Council
from any decision to which this section applies at the instance of the
public officer in respect of whom the decision is made:
Provided that in the case of
any such decision as is referred to in subsection (l)(c) of this
section, an appeal shall lie in the first instance to the Commissioner
of Police if it is so provided by the National Assembly or, if it is
not so provided, if the Commissioner so requires.
(3) Upon an appeal under this
section the Belize Advisory Council may affirm or set aside the
decision appealed against or may make any other decision which the
authority or person from whom the appeal lies court have made.
(4) Subject to the provisions
of section 54 of this Constitution, the Belize Advisory Council may by
regulation make provision for-
1. the procedure in appeals under this section; or
2. excepting
from the provisions of subsection (2) of this section decisions in
respect of public officers holding offices whose emoluments do not
exceed such sum as may be prescribed by the regulations or such
decisions to exercise disciplinary control, other than decisions to
remove from office, as may be prescribed.
(5) Regulations made under
this section may, with the consent of the Prime Minister, confer powers
or impose duties on any public officer or any authority of the
Government for the purpose of the exercise of the functions of the
Belize Advisory Council.
(6) In this section, "public
officers" includes any person holding or acting in an office in the
military service as defined in section 105(17) of this Constitution.
112. (1) The law to be
applied with respect to any pensions benefits that were granted to any
person before Independence Day shall be the law that was in force at
the date on which those benefits were granted or any law in force at a
later date that is not less favourable to that person.
(2) The law to be applied
with respect to any pensions benefits (not being benefits to which
subsection (1) of this section applies) shall-
1. in so far as
those benefits are wholly in respect of a period of service as a public
officer that commenced before Independence Day, be the law that was in
force immediately before that date; and
2. in so far as
those benefits are wholly or partly in respect of a period of service
as a public officer that commenced after Independence Day, be the law
in force on the date on which that period of service commenced, or any
law in force at a later date not less favourable to that person.
(3) Where a person is
entitled to exercise an option as to which of two or more laws shall
apply in his caste, the law for which he opts shall, for the purposes
of this section, be deemed to be more favourable to him than the other
law or laws.
(4) All pensions benefits
shall (except to the extent to which, in the case of benefits under the
Widows' and Orphans' Pensions Ordinance or under any law amending or
replacing that Ordinance, they are a charge on a fund established by
that Ordinance or by any such law and have been duly paid out of that
fund to the person or authority to whom payment is due) be s charge on
the general revenues of Belize.
(5) In this section,
"pensions benefits" means any pensions, compensation, gratuities or
other like allowances for persons in respect of their service as public
officers or for the widows, children, dependents or personal
representatives of such persons in respect of such service.
(6) References in this
section to the law with respect to pensions benefits include (without
prejudice to their generality) references to the law regulating the
circumstances in which such benefits may be wanted or in which the
grant of such benefits may be refused, the law regulating the
circumstances in which any such benefits that have bees granted may be
withheld, reduced in amount or suspended and the law regulating the
amount of any such benefits.
113. (1) The power to grant
any award under any pensions law for the time being in force in Belize
(other than an award to which, under that law, the person to whom it is
payable is enticed as of right) and, in accordance with any provisions
in that behalf contained in say such law, to withhold, reduce in amount
or suspend say award payable under any such law, shall vest in the
Governor General.
(2) The power vested in the Governor General by the preceding subsection shall be exercised by him-
1. in the case
of officers to whom Section 107 of this Constitution applies, acting in
accordance with the advice of the Prime Minister,
2. in the case of all other officers, acting in accordance with the advice of the Public Services Commission.
(3) In this section,
"pensions law" means any law relating to the grant to any person, or to
the widow, children, dependents or personal representatives of that
person, of an award in respect of the services of that person in a
public office, and includes any instrument made under any such law.
PART IX
Finance
114 (1) All revenues or
other moneys raised or received by Belize (not being revenues or other
moneys payable under this Constitution or any other law into some other
public fund established for a specific purpose) shall be paid into and
form one Consolidated Revenue Fund.
(2) No moneys shall be
withdrawn from the Consolidated Revenue Fund except to meet expenditure
that is charged upon the Fund by this Constitution or any other law
enacted by the National Assembly or where the issue of those moneys has
been authorised by an appropriation law or by a law made in pursuance
of section 116 of this Constitution.
(3) No moneys shall be
withdrawn from any public fund other than the Consolidated Revenue Fund
unless the issue of those moneys has been authorised by a law enacted
by the National Assembly.
(4) No moneys shall be
withdrawn from the Consolidated Revenue Fund or any other public fund
except in the manner prescribed by law.
115. (1) The Minister
responsible for finance shall prepare and lay before the House of
Representatives in each financial year estimates of the revenues and
expenditures of Belize for the next following financial year.
(2) The heads of expenditure
contained in the estimates (other than expenditure charged upon the
Consolidated Revenue Fund by this Constitution or any other law) shall
be included in a Bill, to be known as an Appropriation Bill, providing
for the issue from the Consolidated Revenue Fund of the sums necessary
to meet that expenditure and the appropriation of those sums for the
purposes specified therein.
(3), If in respect of any financed year it is found-
1. that the
amount appropriated by the appropriation law for any purpose is
insufficient or that a need has arisen for expenditure for a purpose
for which no amount has been appropriated by that law; or
2. that any
moneys have been expended for any purpose in excess of the amount
appropriated for the purpose by the appropriation law or for a purpose
for which no amount has been appropriated by that law,
a supplementary estimate
showing the sums required or spent shall be laid before the House of
Representatives and the heads of any such expenditure shall be included
in a supplementary Appropriation Bill.
116. Any law enacted by the
National Assembly may make provision under which, if the appropriation
law in respect of any financial year has not come into operation by the
beginning of that financial year, the Minister responsible for finance
may authorise the withdrawal of moneys from the Consolidated Revenue
Fund for the purpose of meeting expenditure necessary to carry on the
services of the Government until the expiration of four months from the
beginning of that financial year or the coming into operation of the
appropriation law, whichever is the earlier.
117. (1) Any law enacted by
the National Assembly may provide for the establishment of a
Contingencies Fund and for authorizing the Minister responsible for
finance, if satisfied that there has arisen an urgent and unforeseen
need for expenditure for which no other provision exists, to make
advances from the Fund to meet that need.
(2) Where any advance is made
in accordance with subsection (1) of this section a supplementary
estimate shall be presented and a supplementary Appropriation Bill
shall be introduced as soon as possible for the purpose of replacing
the amount so advanced.
118. (1) There shall be paid
to the holders of the offices to which this section applies such
salaries and such allowances as may be prescribed by or under a law
enacted by the National Assembly.
(2) The salaries and
allowances prescribed in pursuance of this section in respect of the
holders of the offices to which this section applies shall be a charge
on the Consolidated Revenue Fund.
(3) The salary prescribed in
pursuance of this section in respect of the holder of any office to
which this section applies and his other terms of service (other than
allowances that are not taken into account in computing, under any law
in that behalf, any pension payable in respect of his service in that
office) shall not he altered to his disadvantage after his appointment.
(4) When a person's salary or
other terms of service depend upon his option, the salary or terms for
which he opts shall, for the purposes of subsection (3) of this
section, be deemed to be more advantageous to him than any others for
which he might have opted.
(5) This section applies to
the offices of the Governor~General, the Chief Justice, Justice of
Appeal, justice of the Supreme Court, member of the Belize Advisory
Council, member of the Public Services Commission, member of the
Elections and Boundaries Commission, the Director of Public
Prosecutions and the Auditor General.
(6) Nothing in this section shall be construed as prejudicing the provisions of section 112 of this Constitution.
119. (1) There shall be charged on the Consolidated Revenue Fund all debt charges for which Belize is liable.
(2) For the purposes of this
section debt charges include interest, sinking fund charges, the
repayment or amortization of debt, and all expenditure in connection
with the raising of loans on the security of the Consolidated Revenue
Fund and the service and redemption of debt created thereby.
120. (1) There shall be an Auditor-General whose office shall be a public office.
(2) The Auditor-General shall-
1. satisfy
himself that all moneys that have been appropriated by the National
Assembly and disbursed have been applied to the purposes to which they
were so appropriated and that the expenditure conforms to the authority
that governs it; and
2. at least once
in every year audit and report on the public accounts of Belize, the
accounts of all officers and authorities of the Government, the
accounts of all courts of law in Belize, the accounts of the Belize
Advisory Council and every Commission established by this Constitution
and the accounts of the Clerk to the National Assembly.
(3) The Auditor-General and
any officer authorised by him shall have access to all books, records,
returns, reports end other documents which in his opinion relate to any
of the accounts referred to in subsection (2) of this section.
(4) The Auditor-General shall
submit every report made by him in pursuance of subsection (2) of this
section to the Minister responsible for finance who shall, not later
than seven days after the House of Representatives first meets after he
has received the report, lay it before the House.
(5) If the Minister fails to
lay a report before the House in accordance with the provisions of
subsection (4) of this section the Auditor-General shall transmit
copies of that report to the Speaker who shall, as soon as practicable,
present them to the House.
(6) The Auditor-General shall
exercise such other functions in relation to the accounts of the
Government or the accounts of other authorities or bodies established
by law for public purposes as may be prescribed by or under any law
enacted by the National Assembly.
(7) In the exercise of his
functions under subsections (2), (3), (4) and (5) of this section. the
Auditor-General shall not be subject to the direction or control of any
other person or authority.
PART X
Miscellaneous
121. (1) The persons to whom this section applies shall conduct themselves in such a way as not-
1. to place themselves in positions in which they have or could have a conflict of interest:
2. to compromise the fair exercise of their public or official functions and duties;
3. to use their office for private gun;
4. to demean their office or position;
5. to allow their integrity to be called into question; or
6. to endanger or diminish respect for, or confidence in, the integrity of the Government.
(2) This section applies to
the Governor-General, members of the National Assembly, members of the
Belize Advisory Council, members of the Public Services Commission,
members of the Elections and Boundaries Commission, public officers,
officers of statutory corporations and government agencies, and such
other officers as may be proscribed by law enacted by the National
Assembly.
122. The national symbols of Belize shall be those prescribed by the National Assembly.
123. (1) Any reference in
this Constitution to power to make appointments to any public office
shall be construed as including a reference to power to make
appointments on promotion and transfer to that office and to power to
appoint a person to act in that office during any period during which
it is vacant or the holder thereof is unable to perform the functions
of that office.
(2) In this Constitution,
unless the context otherwise requires, a reference to the holder of an
office by the term designating his office shall be construed as
including a reference to any person who is for the time being lawfully
acting in or performing the functions of that office.
(3) Where by this
Constitution any person is directed, or power is conferred on any
person or authority to appoint a person, to act in or otherwise to
perform the functions of an office if the holder thereof is unable to
perform the functions of that office, the validity of any performance
of those functions by the person so directed or of any appointment made
in exercise of that power shall not be called in question in any court
of law on the ground that the holder of the office is not unable to
perform the functions of the office.
124. (l) Where any person has
vacated any office established by this Constitution, he may, if
qualified, again be appointed or elected to hold that office in
accordance with the provisions of this Constitution.
(2) Whenever the holder of
any office constituted by or under this Constitution, or any public
office otherwise constituted, is on leave of absence pending
relinquishment of his office-
1. another person may be appointed to that office; and
2. that person
shall, for the purpose of any function of that office, be deemed to be
the sole holder of that office.
125. (1) References in this
Constitution to the power to remove a public officer from his office
shall be construed as including references to any power conferred by
any law to require or permit that officer to retire from the public
service and to any power or right to terminate a contract on which a
person is employed as a public officer and to determine whether any
such contract shall or shall not be renewed:
Provided that nothing in this
subsection shall be construed as conferring on any person or authority
power to require any justice of the Supreme Court or Justice of Appeal,
the Director of Public Prosecutions, or the Auditor-General to retire
from the public service.
(2) Any provision of this
Constitution that vests in any person or authority power to remove any
public officer from his office shall be without prejudice to the power
of any person or authority to abolish any office or to any law
providing for the compulsory retirement of public officers generally or
any class of public officer on attaining an age specified therein.
126. (1) A Senator or a
member of the House of Representatives may resign his seat by writing
under his hand addressed to the President or the Speaker, as the case
may be, and the resignation shall take effect, and the seat shall
accordingly become vacant, when the writing is received, as the case
may be, by-
1. the President or Speaker;
2. if the office
of President or Speaker is vacant or the President or Speaker is for
any reason unable to perform the functions of his office and no other
person is performing them, the Vice-President or Deputy Speaker; or
3. if the office
of Vice-President or Deputy Speaker is vacant or the Vice-President or
Deputy Speaker is for any reason unable to perform the functions of his
office and no other person is performing them, the Clerk to the
National Assembly.
(2) The President or the
Vice-President or the Speaker or the Deputy Speaker may resign his
office by writing under his hand addressed to the Senate or the House,
as the case may be, and the resignation shall take effect, and the
office shall accordingly become vacant, when the writing is received by
the Clerk to the National Assembly.
(3) Any person who has been
appointed to an office established by this Constitution (other than an
office to which subsection (1) or (2) of this section applies) or any
office of Minister established under this Constitution may resign that
office by writing under his hand addressed to the person or authority
by whom he was appointed and the resignation shall take effect, and the
office shall accordingly become vacant-
1. at such time or on such date (if any) as may be specified in the writing; or
2. when the
writing is received by the person or authority to whom it is addressed
or by such other person as may be authorised to receive it,
whichever is the later:
Provided that the resignation
may be withdrawn before it takes effect if the person or authority to
whom the resignation is addressed consents to its withdrawal.
127. No provision of this
Constitution that any person or authority shall not be subject to the
direction or control of any other person or authority in the exercise
of any functions under this Constitution shall be construed as
precluding a court of law from exercising jurisdiction in relation to
any question whether that person or authority has performed those
functions in accordance with this Constitution or any other law or
should not perform those functions.
128. Where any power is
conferred by this Constitution to make any proclamation, regulation,
order or rule, or to give any direction or instructions, the power
shall be construed as including the power, ideas exercisable in like
manner, to amend or revoke any such proclamation, regulation, order,
rule, direction or instructions.
129. (1) Where any person or
authority is directed by this Constitution to exercise any function
after consultation with any other person or authority, that person or
authority shall not be obliged to exercise that function in accordance
with the advice of that other person or authority.
(2) Where any person or
authority is directed by this Constitution or any other law to consult
any other person or authority before taking any decision or action,
that other person or authority must be given a genuine opportunity to
present his or its views before the decision or action, as the once may
be, is taken.
130. There shall be a national seal bearing on it such device as the National Assembly shall approve by resolution.
131. (1) In this
Constitution, unless the context otherwise requires "Belize" means the
land and sea areas defined in Schedule 1 to this Constitution;
"Commonwealth citizen" has such meaning as the National Assembly may prescribe;
"Court of Appeal" means the Court of Appeal established by this Constitution;
"Crown" means the Crown in right of Belize;
"financial year" means the
twelve months ending on 31st March in any year or on such other date as
may from time to time be prescribed by any law enacted by the National
Assembly;
"the Gazette" means the Belize Government Gazette and includes any supplement thereto;
"the Government" means the Government of Belize;
"the House" means the House of Representatives or the Senate as the context may require;
"the House of Representatives" means the House of Representatives established by this Constitution;
"Independence Day" means 21st September, 1981;
"law" means any law in force
in Belize or any part thereof, including any instrument having the
force of law and any unwritten rule of law, and "lawful" and "lawfully"
shall be construed accordingly;
"Minister" means a Minister of Government;
"the National Assembly" means the National Assembly established by this Constitution;
"oath" includes affirmation;
"oath of allegiance and office" means the oath prescribed in Schedule 3 to this Constitution;
"Police Force" means the Belize Police Force;
"President" and "Vice-President" mean the respective persons holding office as President and Vice-President of the Senate;
"public office" means any office of emolument in the public service;
"public officer" means a person holding or acting in any public office;
"the public service" means,
subject to the provisions of this section, the service of the Crown in
a civil capacity in respect of the Government;
"Senate" means the Senate established by this Constitution;
"session" means, in relation
to a House of the National Assembly, the sittings of that House
commencing when it first meets after the prorogation or dissolution of
the National Assembly at any time and terminating when the National
Assembly is prorogued or is dissolved without having been prorogued;
"sitting" means, in relation
to a House of the National Assembly, period during which that House is
sitting continuously without adjournment and includes any period during
which the House is in committee;
"Speaker" and "Deputy
Speaker" mean the respective persons holding office as Speaker and
Deputy Speaker of the House of Representatives;
"Supreme Court" means the Supreme Court of Judicature established by this Constitution.
(2) Except in sections 63(1)
and 71 of this Constitution, references in this Constitution to a
member or members of the House of Representatives or to a Senator or
Senators do not include references to a person who, under section
56(2), is a member of the House by virtue of holding the office of
Speaker, or who, under section 61(1), is a Senator by virtue of holding
the office of President.
(3) In this Constitution,
unless the context otherwise requires, references to an office in the
public service shall be construed as including references to the
offices of justice of the Supreme Court and Justice of Appeal, offices
of members of the Police Force, and offices on the Governor-General's
personal staff.
(4) In this Constitution,
unless the context otherwise requires, references to an office in the
public service shall not be construed as including references to the
office of Prime Minister or other Minister, Minister of State, Speaker
or Deputy Speaker or member of the House of Representatives, President
or Vice-President or Senator, member of the Belize Advisory Council, or
member of any Commission established by this Constitution or the Clerk,
Deputy Clerk or staff of the National Assembly.
(5) For the purposes of this
Constitution, a person shall not be regarded as holding a public office
by reason only of the fact that he is in receipt of a pension or other
like allowance in respect of service under the Crown. (6) Save as
otherwise provided in this Constitution, the Interpretation Ordinance
1980 as in force immediately before Independence Day shall apply, with
the necessary adaptations, for the purpose of interpreting this
Constitution.
PART XI
Transitional Provisions
132. In this Part-
"the Constitution Ordinance" means the British Honduras Constitution Ordinance 1963;
"the Letters Patent" means the Belize Letters Patent 1964 to 1979.
133. The Governor (as defined
for the purposes of the Lepers Patent) acting after consultation with
the Premier (as so defined) may at any time after this section comes
into operation exercise any of the powers conferred on the
Governor-General by section 134 of this Constitution to such extent as
may be necessary or expedient to enable the Constitution to function as
from Independence Day.
134. (1) Subject to the
provisions of this Part, the existing laws shall notwithstanding the
revocation of the Letters Patent and the Constitution Ordinance
continue in force on and after Independence Day and shall then have
effect as if they had been made in pursuance of this Constitution but
they shall be construed with such modifications adaptations
qualifications and exceptions as may be necessary to bring them into
conformity with this Constitution.
(2) Where any matter that
falls to be prescribed or otherwise provided for under this
Constitution by the National Assembly or by any other authority or
person is prescribed or provided for by or under an existing law
(including any amendment to any such law made under this section) that
prescription or provision shall as from Independence Day have effect
(with such modifications adaptations qualifications and exceptions as
may be necessary to bring it into conformity with this Constitution) as
if it had been made under this Constitution by the National Assembly or
as the case may require by the other authority or person.
(3) The Governor-General may
by order published in the Gazette within twelve months after
Independence Day make such amendments to any existing law (other than
this Constitution) as may be necessary or expedient for bringing that
law into corformity with the provisions of this Constitution or
otherwise for giving effect or enabling effect to be given to those
provisions.
(4) An order made under this
section may be amended or revoked by the National Assembly or in
relation to any existing law affected thereby, by any other authority
having power to amend. repeal or revoke that existing law.
(5) The provisions of this
section shall be without prejudice to say powers conferred by this
Constitution or by any other law upon any person or authority to make
provision for any matter, including the amendment or repeal of any
existing law.
(6) In this section, the
expression "existing law" means any Act of the Parliament of the United
Kingdom, Order of Her Majesty in Council, Ordinance, rule, regulation,
order or other instrument having effect as part of the law, of Belize
immediately before lndependence Day (including any such law made before
that day and coming into operation or after that day).
135. (11) Her Majesty may
before Independence Day appoint the first Governor-General from among
persons who qualify by virtue of section 23 of this Constitution to
become citizens of Belize on Independence Day.
(2) Any such appointment
shall take effect as from Independence Day, and the person so appointed
shall hold office in accordance with section 30 of this Constitution.
136. (1) The person who,
immediately before Independence Day, holds the office of Premier under
the Letters Patent shall, as from that day, hold office as Prime
Minister as if he had been appointed thereto under section 37 of this
Constitution.
(2) The persons who,
immediately before Independence Day, hold of flee as Ministers (other
than the Premier) under the Letters Patent shall, as from that day,
hold the lilts offices as if they had been appointed thereto under
section 40 of this Constitution.
(3) Any person holding the
office of Prime Minister or other Minister by virtue of subsections (1)
and (2) of this section who, immediately before Independence Day, was
under the Letters Patent assigned responsibility for any business or
department of government shall, as from that day, be deemed to have
been assigned responsibility for that business or department under
section 41 of this Constitution.
(4) Any person holding the
office of Prime Minister or other Minister by virtue of subsections (1)
and (2) of this section shall be deemed to have satisfied the
requirements of section 46 of this Constitution.
137. (1) The persons who,
immediately before Independence Day, are members of the former House of
Representatives sha11, as from that day, be deemed to have been dented
in pursuance of section 56(1) of this Constitution in the respective
electoral divisions corresponding to the electoral divisions by which
they were returned to the former House of Representatives, and shall
hold their seats in the House of Representatives in accordance with the
provisions of this Constitution.
(2) The persons who,
immediately before Independence Day, are members of the former Senate,
having been appointed as such under paragraphs (a), (b) and (c) of
section 9(2) of the Constitution Ordinance, shall, as from Independence
Day, be deemed to have been appointed to the Senate in pursuance of
paragraphs (a), (b) and (c) respectively of section 61(2) of this
Constitution, and shall hold their seats in the Senate in accordance
with the provisions of this Constitution.
(3) The persons deemed to be
elected to the House of Representatives or to be appointed to the
Senate by virtue of subsections (1) and (2) of this section shall be
deemed to have satisfied the requirements of section 71 of this
Constitution.
(4) The persons who,
immediately before Independence Day, are the Speaker and Deputy Speaker
of the former House of Representatives and the President and
Vice-president of the former Senate shall, as from Independence Day, be
deemed to have been elected respectively as Speaker and Deputy Speaker
of the House of Representatives and President and Vice-President of the
Senate in accordance with the provisions of this Constitution and shall
hold office in accordance with those provisions.
(5) The person who,
immediately before Independence Day, is the Leader of the Opposition in
the former House of Representatives shall, as from that day, be deemed
to have been appointed as Leader of the Opposition in pursuance of
section 47 of this Constitution, and shall hold office as such in
accordance with the provisions of this Constitution.
(6) The Standing Orders of
the former House of Representatives and of the former Senate as in
force immediately before Independence Day shall, until it is otherwise
provided under section 70 of this Constitution, be the Standing Orders
respectively of the House of Representatives and of the Senate, but
they shall be construed with such modifications, adaptations,
qualifications and exceptions as may be necessary to bring them into
conformity with this Constitution.
(7) Notwithstanding anything
in section 84(2) of the Constitution (but subject to subsection (3) of
that section), the National Assembly shall, unless sooner dissolved,
stand dissolved on 30th November 1984 (that is to say, five years from
the date when the two Houses of the former National Assembly first met
after the last dissolution of that Assembly under the Constitution
Ordinance).
(8) In this section, the
expressions "former National Assembly", "former House of
Representatives", and "former Senate" mean respectively the National
Assembly, House of Representatives, and Senate established by the
Constitution Ordinance.
138. Subject to the
provisions of this Constitution every person who immediately before
Independence Day holds or is acting in a public office under the
Letters Patent or the Constitution Ordinance shall, as from that day,
continue to hold or act in that office or the corresponding office
established by this Constitution as if he had been appointed thereto in
accordance with the provisions of this Constitution and as if he had
taken any oath required by this Constitution or any other law:
Provided that any person who
under the Letters Patent, the Constitution Ordinance or any other law
in force immediately before Independence Day would have been required
to vacate his office at the expiration of any period shall, unless
earlier removed in accordance with this Constitution, vacate his office
at the expiration of that period.
139. (1) Subject to the
provisions of this Constitution, the Supreme Court shall on and after
Independence Day have all the powers which immediately before that day
are vested in the former Supreme Court.
(2) All proceedings that
immediately before Independence Day, are pending before the former
Supreme Court may be continued and concluded on and after that day
before the Supreme Court.
(3) Any decision given before
Independence Day by the former Supreme Court shall for the purposes of
its enforcement or of any appeal therefrom have effect on and after
that day as if it were a decision of the Supreme Court.
(4) Any appeals from Belize
that, immediately before Independence Day, are pending before the
former Court of Appeal may be continued and concluded on and after that
day before the Court of Appeal.
(5) Any decision given before
Independence Day by the former Court of Appeal shall for the purposes
of its enforcement or of any appeal therefrom have effect on and after
that day as if it were a decision of the Court of Appeal.
(6) In this section-
"the former Supreme Court" means the Supreme Court established by the Constitution Ordinance;
"the former Court of Appeal" means the Court of Appeal established by the Court of Appeal Ordinance 1967.
140. (1) The National
Assembly may alter any of the provisions of this Part, other than those
referred to in subsection (2) of this section, in the manner specified
in section 69(4) of this Constitution.
(2) The National Assembly may
alter this section, subsections (1), (4) and (7) of section 137,
section 138 and section 139 of this Constitution in the manner
specified in subsections (3) and (5) of section 69 of this Constitution.
(3) Subsections (7) and (8)
of section 69 of this Constitution shall apply for the purpose of
construing references in this section to any provision of this Part and
to the alteration of any such provision as they apply for the purpose
of construing references in section 69 of this Constitution and in
Schedule 2 hereto to any provision of this Constitution and to the
alteration of any such provision.
PART XII
Repeal And Date Of Commencement
141. This Constitution shall come into operation on Independence Day.
Provided that sections 133 and 135 of this Constitution shall come into operation forthwith.
142. The Ordinances set out in Schedule 4 are revoked with effect from Independence Day.
Section I
SCHEDULE 1 TO THE CONSTITUTION
Definition of Belize
1. The territory of Belize
comprises the mainland of Belize and all its associated islands and
cays within the area bounded by the frontiers with Guatemala and Mexico
and the outer limit of the territorial sea of Belize described as
follows:-
1. the frontier
with Guatemala is the line prescribed by the Treaty between the United
Kingdom and Guatemala signed on 30 April 1859;
2. the frontier
with Mexico is the line prescribed by the Treaty between the United
Kingdom and Mexico signed on 8 July 1893;
3. the outer
limit of the territorial sea of Belize is the limit provided by law
measured from such baselines as may have been prescribed before
Independence Day by law or otherwise, or as may be so prescribed
thereafter,
and also includes the
Turneffe Islands, the Cays of Lighthouse Reef and Glover Reef, together
with all associated islets and reefs, and their adjacent waters as far
as the outer limit of the territorial sea appertaining to them.
2. The area referred to in
paragraph 1 of this Schedule includes, but is not limited to, Ambergris
Cay, Cay Corker, Cay Chapel, Long Cay, Frenchman's Cay, St. George's
Cay, Sergeant's Cay, Goff's Cay, English Cay, Rendezvous Cay, Bluefield
Range of Cays, Southern Long Cay, Columbus Cay, Fly Range of Cays,
Tobacco Range of Cays, Southern Water Cay, Carrie Bow Cay, Gladden Cay,
Silk Cays, Pompion Cay, Ranguana Range of Cays, Sapodilla Range of
Cays, Snake Cays, all islands and cays associated with the
above-mentioned Cays, and all other cays lying within and along the
Barrier Reef.
Section 69
SCHEDULE 2 TO THE CONSTITUTION
Alteration of Constitution
Provisions of Constitution referred to in section 69(3)-
1. Part II;
2. Section SS to 6.0 (inclusive), 84, 8S, 88 to 93 ( inclusive);
3. Part VII;
4. Actions S2(2), S4, 108(7) and (8), 109(6) and (7), and 111;
5. Sections 10S and 106.
Section 131(1)
SCHEDULE 3 TO THE CONSTITUTION
Form Of Oath And Affirmation
Oath of Allegiance and Office
I, __________________, do swear [or
solemnly and sincerely affirm and declare] that I will bear true faith
and allegiance to Belize, Her Majesty Queen Elizabeth the Second, Her
Heirs and Successors, and will uphold the Constitution and the law, and
that I will conscientiously, impartially and to the best of my ability
discharge my duties as [_________________ ] and do right to all manner of
people without fear or favour, affection or ill-will. [So help me God.]
SCHEDULE 4 TO THE CONSTITUTION
REVOCATIONS
Ordinances Revoked References
British Honduras Constitution Ordinance,
1963.
No. 33/1963
British Honduras Constitution (Amendement) Ordinance, 1966 No. 23/1966
British Honduras Constitution (Amendement) Ordinance, 1970 No. 9/1970
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