STATUTORY INSTRUMENTS
1979 No. 916
The Saint Vincent Constitution Order 1979
Made 26th July 1979
Coming into Operation 27th Oct. 1979
At the Court of Saint James, the 26th day of July 1979
Present, The Councellors of State in Council
Where Her Majesty, in pursuance of the Regency Acts 1937 to 1953, was pleased,
by Letters Patent dated the 16th day of July 1979, to delegate to the six
Counsellors of State therein named or any two or more of them full power and
authority during the period of Her Majesty's absence from the United Kingdom to
summon and hold on Her Majesty's behalf Her Privy Council and to signify
thereat Her Majesty's approval for anything for which Her Majesty's approval in
Council is required:
And whereas the status of association of Saint Vincent with the United Kingdom
is to terminate on 27th October 1979 and it is necessary to establish a new
constitution for Saint Vincent upon its attainment or fully responsible status
within the Commonwealth with the style of Saint Vincent and the Grenadines:
And whereas the Associated State of Saint Vincent has, by a resolution passed
in the House of Assembly thereof on 9th February 1979, requested and consented
to the making of this Order for that purpose:
Now, therefore, Here Majesty Queen Elizabeth The Queen Mother and His Royal
Highness The Prince Charles, Prince of Wales, being authorized thereto by the
said Letters Patent, and in pursuance of the powers conferred by section 5(4)
of the West Indies Act 1967(a) and all other powers enabling Her Majesty, do
hereby, by and with the advice of Her Majesty is Privy Council, on Her
Majesty's behalf order, and it is hereby ordered, as follows:-
CITATION AND COMEMCEMENT
1.- (1) This Order may be cited as the Saint Vincent Constitution Order
1979.
(2) This Order shall come into operation on 27th October 1979.
REVOCATION
2.- The Saint Vincent Constitution Order 1969(b) and the Saint Vincent
(Constitution) Act 1975(c), which made provision for the constitution of the
Associated State of Saint Vincent, are revoked.
ESTABLISHMENT OF CONSTITUTION
3.- The Constitution set out in Schedule 1 to this Order shall come into
effect in Saint Vincent at the commencement of this Order subject to the
transitional provisions ser out in Schedule 2 to this Order.
N.E. Leigh,
Clerk of the Privy Council.
SCHEDULE 1 TO THE ORDER
THE CONSTITUTION OF SAINT VINCENT
AND THE GRENADINES
ARRANGEMENT OF SECTIONS
CHAPTER I
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
SECTION
1. Fundamental rights and freedoms.
2. Protection of right to life.
3. Protection of right to personal liberty.
4. Protection from slavery and forced labor.
5. Protection from inhuman treatment.
6. Protection from deprivation of property.
7. Protection from arbitrary search or entry.
8. Provisions to secure protection of law
9. Protection of freedom of conscience.
10. Protection of freedom of expression.
11. Protection of freedom of assembly and association.
12. Protection of freedom of movement.
13. Protection from discrimination on the grounds of race, etc.
14. Derogations from s. 3 or s. 13 under emergency powers.
15. Protection of persons detained under emergency laws.
16. Enforcement of protective provisions.
17. Declaration of emergency.
18. Interpretation and savings.
CHAPTER II
The Governor-General
19. Establishment of office.
20. Acting Governor-General.
21. Oaths.
22. Deputy to Governor-General.
CHAPTER III
Parliament
Part 1
Composition of Parllan
23. Establishment.
24. Composition of House of Assembly.
25. Qualifications for Representatives and Senators.
26. Disqualifications for Representatives and Senators.
27. Election of Representatives.
28. Appointment of Senator.
29. Tenure of office of Representative and Senator.
30. Speaker.
31. Deputy Speaker.
32. Constituency Boundaries Commission.
33. Constituencies.
34. Supervisor of Elections.
35. Clerk of House and his staff.
36. Determination of questions of membership.
Part 2
Legislation and procedure of Parliament
37. Power to make laws.
38. Alteration of Constitution and Supreme Court Order.
39. Oath by members.
40. Presiding.
41. Voting.
42. Penalty for sitting if unqualified.
43. Mode of exercise of legislative power.
44. Restrictions with regard to certain financial measures.
45. Regulation of procedure in House.
46. Freedom of speech.
Part 3
Summoning, prorogation and dissolution
47. Sessions.
48. Prorogation and dissolution.
49. Election to House of Assembly.
CHAPTER IV
The Executive
50. Executive authority.
51. Minister of the Government.
52. Cabinet of Minister.
53. Allocation of portfolios to Ministers.
54. Performance of functions of Prime Minister during absence or illness.
55. Exercise of Governor-General's functions.
56. Governor-General to be informed concerning matters of government.
57. Parliamentary Secretaries.
58. Oaths to be taken by Ministers, etc.
59. Leader of the Opposition.
60. Permanent secretaries.
61. Secretary to the Cabinet.
62. Constitution of offices, etc.
63. Attorney-General.
64. Control of public prosecutions.
65.Prerogative of mercy.
66. Advisory Committee on Prerogative of Mercy.
67. Functions of Advisory Committee.
CHAPTER V
Finance
68. Consolidated Fund.
69. Withdrawals from Consolidated Fund or other public funds.
70. Authorization of expenditure for, Consolidated Fund by appropriation law.
71. Authorization of expenditure in advance of appropriation.
72. Contingencies Fund.
73. Remuneration of certain officers.
74. Public debt.
75. Audit of public accounts, etc.
76. Public Accounts Committee.
CHAPTER VI
The Public Service
Part 1
The Public Service Commission
77. Public Service Commission.
78. Appointment, etc, of public officers.
Part 2
Appointments, etc., to particular offices.
79. Appointment, etc., of permanent secretaries and certain other officers.
80. Attorney-General when a public officer.
81. Director of Public Prosecutions.
82. Director of Audit.
83. Appointment, etc.,of magistrates, registrars and legal officers.
Part 3
The Police
84. Police Service Commission.
85. Police Force.
Part 4
The Public Service Board of Appeal
86. Public Service Board of Appeal.
87. Appeals in discipline cases.
Part 5
Pensions
88. Pensions laws and protection of pension right.
89. Power to withhold pensions, etc.
CHAPTER VII
Citizenship
90. Persons who become citizen on 27th October 1979.
91. Persons born in Saint Vincent on or after 27th October 1979.
92. Persons born outside Saint Vincent on or after 27th October 1979.
93. Registration.
94. Acquisition, deprivation and renunciation, Interpretation.
95. Interpretation.
CHAPTER VIII
Judicial Provisions
96. Original jurisdiction of High Court in constitutional questions.
97. Reference of constitutional questions to High Court.
98. Appeals to Court of Appeal.
99. Appeals to Her Majesty in Council.
100. Interpretation.
CHAPTER IX
Miscellaneous
101. Supreme law.
102. Functions of Governor-General.
103. Resignations.
104. Re-appointment and concurrent appointments.
105. Interpretation.
THE SCHEDULE
ALTERATION OF CONSTITUTION AND SUPREME COURT ORDER
Part 1
Provisions of Constitution referred to in section 38(3)
Part 2
Provisions of Supreme Court Order referred to in section 38(3)
WHEREAS the Peoples of the Island of Saint Vincent, who are known as
Vincentians-
a. have affirmed that the Nation is founded on the belief in the supremacy of
God and the freedom and dignity of man;
b. desire that their society be so ordered as to express their recognition of
the principles of democracy, free institutions, social justice and equality
before the law;
c. realize that the maintenance of human dignity presupposes safeguarding the
rights of privacy of family life, of property and the fostering of the pursuit
of just economic rewards for labor;
d. desire that their Constitution should enshrine the above mentioned freedoms,
principles and ideals;
AND WHEREAS Saint Vincent (which comprises the inhabited islands of Saint
Vincent, Bequia, Union Island, Canouan, Mustique, Mayreau, Petite Saint
Vincent, Prune Islands and all other inhabited or uninhabited islands, islets,
cays or lands lying between latitudes 12 31'50''N and 13 23'30''N and
longitudes 61 07'30''W and 61 28'00''W) is henceforth to be styled Saint
Vincent and the Grenadines:-
CHAPTER 1
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
Fundamental rights and freedoms
1. Where every person in Saint Vincent is entitled to the fundamental
rights and freedoms, that is to say, the right, whatever his race, place of
origin, political opinions, color, 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-
a. life, liberty, security of the person and the protection of the law;
b. freedom of conscience, of expressions and of assembly and association: and
c. protection for the privacy of his home and other property and from
deprivation of property without compensation,
the provisions of this Chapter 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 other or the public interest.
Protection of right to life.
2. (1) No person shall 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-
a. for the defence of any person from violence or for the defence of
property;
b. in order to effect a lawful arrest or to prevent the escape of a person
lawfully detained;
c. for the purpose of suppressing a riot, insurrection or mutiny; or
d. 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.
Protection of right to personal liberty.
3. (1) No person shall be deprived of his personal liberty save as may
be authorized by law in any of the following cases, that is to say:-
a. in execution of the sentence or order of a court, whether established for
Saint Vincent or some other country, in respect of a criminal offence of which
he has been convicted;
b. in execution of the order of the High Court or the Court of Appeal punishing
him for contempt of that court or of another court or tribunal;
c. in execution of the order of a court made to secure the fulfillment of any
obligation imposed on him by law,
d. for the purpose of bringing him before a court in execution of the order of
a court;
e. upon reasonable suspicion of his having committed, or being about to commit,
a criminal offence under any law.
f. 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;
g. for the purpose of preventing the spread of an infectious or contagious
disease;
h. in the case of a person who is, or is reasonably suspected to be of unsound
mind, addicted to drugs or alcohol, or vagrant, for the purpose of his care o
treatment of the protection of the community;
i. for the purpose of preventing the unlawful entry of that person into Saint
Vincent, or for the purpose of effecting the expulsion, extradition or other
lawful removal of that person from Saint Vincent or for the purpose of
restricting that person while he is being conveyed through Saint Vincent in the
course of his extradition or removal as a convicted prisoner from one country
to another; or
j. to such extent as may be necessary in the execution of a lawful order
requiring that person to remain within a specified area within Saint Vincent,
or prohibiting him from being within such an area, or to such extent as may be
reasonably justifiable for the taking of proceedings against that person with a
view to the making of any such order or relating to such an order after it has
been made, or to such extent as may be reasonably justifiable for restraining
that person during any visit that he is permitted to make to any part of Saint
Vincent in which, in consequence of any such order, his presence would
otherwise be unlawful.
(2) Any person who is arrested or detained shall with reasonable promptitude
and in any case no later than twenty-four hours after such arrest or detention
be informed in a language that he understands of the reasons for his arrest of
detention and be afforded reasonable facilities for private communication and
consultation with a legal practitioner of his own choice and, in the case of a
minor, with his parents or guardian.
(3) Any person who is arrested or detained-
a. for the purpose of bridging him before a court in execution of the order of
a court; or
b. 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 without undue delay before a court.
(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, without prejudice to any
further proceedings that may be brought against him, he shall be released
either unconditionally or upon reasonable conditions, including in particular
such conditions as are reasonably necessary to ensure that he appears at a
later date for trial or for proceedings preliminary to trial.
(6) Any person who is unlawfully arrested or detained by any other person shall
be entitled to compensation therefore from that other person or from any other
person or authority on whose behalf that other person was acting;
Provided that a judge, a magistrate or a justice of the peace or an officer of
a court or a police office acting in pursuance of the order of a judge, a
magistrate or a justice of the peace shall not be under any personal liability
to pay compensation under this subsection in consequence of any act performed
by him in good faith in the discharge of the functions of his office and any
liability to pay any such compensation in consequence of any such act shall be
a liability of the Crown.
(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 has
been returned that he was guilty of the act or omission charged but was insane
when he did the act or made the omission or that he is not by reason of
insanity shall be regarded as a person who has been convicted of a criminal
offence and the detention of that person in consequence of such a verdict shall
be regarded as detention of that person in consequence of such a verdict shall
be regarded as detention in execution of the order of a court.
Protection from slavery and forced labor.
4.(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labor.
(3) For the purposes of this section, the expression "forced labor" does not
include_
a. any labor required in consequence of the sentence or order or a court;
b. labor 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;
c. any labor required of a member of a disciplined force in pursuance of his
duties as such or, in the case of a person who hear conscientious objections to
service as a member of a naval, military or air force, any labor that person is
required by law to perform in place of such service;
d. any labor required during any period of public emergency or in the event of
any other emergency or calamity that threatens the life and well-being of the
community, to the extent that the requiring of such labor is reasonably
justifiable in the circumstances of any situation arising or existing during
that period or as a result of that other emergency or calamity, for the purpose
of dealing with that situation.
Protection from inhuman treatment
5.No person shall be subjected to torture or to inhuman or degrading
punishment or other treatment.
Protection from deprivation or property
6.(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 for a public purpose and except where
provision is made by a law applicable to that taking of possession or
acquisition for the payment, within a reasonable time, of adequate
compensation.
(2) Every person having an interest in or right over property that is
compulsorily taken possession of or whose interest in or right over any
property is compulsorily acquired shall have a right of direct access to the
High Court for-
a. determining the nature and extent of that interest or right;
b. determining whether that taking of possession or acquisition was duly
carried out in accordance with a law authorizing the taking of possession or
acquisition;
c. determining what compensation he is entitled to under the law applicable to
that taking of possession or acquisition;
d. obtaining that compensation:
Provided that if Parliament so provides in relation to any matter referred to
in paragraph (a) or (c) of this subsection the right of access shall be by way
of appeal (exercisable as of right at the instance of the person having the
interest in or right over the property) from a tribunal or authority, other
than the High Court, having jurisdiction under any law to determine that
matter.
(3) The Chief Justice may make rules with respect to the practice and procedure
of the High Court or, subject to such provision as may have been made in that
behalf by Parliament, with respect to the practice and procedure of any other
tribunal or authority interlation to the jurisdiction conferred on the High
Court by subsection (2) of this section or exercisable by the other tribunal or
authority for the purposes of that subsection (including rules with respect to
the time witting which applications or appeals to the High Court or
applications to the other tribunal or authority may be brought).
(4) No person who is entitled to compensation under this section shall be
prevented from remitting, within a reasonable time after he has received any
amount of that compensation in the form of a sum of money or, as the case may
be, has received any such amount in some other form and has converted any or
that amount into a sum of money, the whole of that sum of money(free from any
deduction; charge or tax made of levied in respect of its remission) to any
country of his choice outside Saint Vincent.
(5) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of subsection (4) of this section
to the extent that the law in question authorizes-
a. the attachment, by order of a court, of any amount of compensation to which
a person is entitled in satisfaction of the judgment of a court or pending the
determination of civil proceedings to which he is a party;
b. the imposition of reasonable restrictions on the manner in which any sum of
money is to be remitted; or
c. the imposition of reasonable restrictions in the remission of nay sum of
money in order to prevent or regulate the transfer to a country outside Saint
Vincent of capital raised in Saint Vincent, or in some other country or derived
from the natural resources of Saint Vincent.
(6) nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of subsection (1) of this
section-
a. to the extent that the law in question makes provision for the taking of
possession or acquisition of any property, interest or right-
i) in satisfaction of any tax, rate or due;
ii) by way of penalty for breach of any law or forfeiture in consequence of
breach of any law;
iii) as an incident of a lease, tenacy, mortgage,charge, bill of sale, pledge
or contract;
iv) in the execution of judgments or orders of a court in proceedings for the
determinations of civil rights or obligations;
v) in circumstances where it is reasonably necessary so to do because the
property is in a dangerous state or likely to be injurious to the health of
human beings, animal or plants;
vi) in consequence of any law with respect to the limitation of actions; or,
vii) for so long only as may be necessary for the purposes of any examination,
investigation. trial or inquiry or, in the case of land, for the purposes of
the carrying out thereon of work of soil conservation or the contravention of
other natural resources or work relating to agricultural development or
improvement (being work relating to such development or improvement that the
owner or occupier of the land has been required, and has without reasonable
excuse refused or failed, to carry out),
and except so far as that provision or, as the case may be, the thing done
under the authority thereof is shown not to be reasonably justifiable in a
democratic society; or
b. to the extent that the law in question makes provision for the taking of
possession or acquisition of any or the following property (including an
interest in or right over property), that is to say-
i) enemy property;
ii) property of a deceased person,a person of unsound mind or a person who has
not attained the age of eighteen years, for the purpose of its administration
for the benefit of the persons entitled to the beneficial interest therein;
iii) property of a person adjudged bankrupt or a body corporate in
liquidation, for the purpose of its administration for the benefit of the
creditors of the bankrupt or body corporate and, subject thereto, for the
benefit of other persons entitled to the beneficial interest in the property;
or
iv) property subject to a trust, for the purpose of vesting the property in
persons appointed as trustees under the instrument creating the trust or by a
court or, by order of a court, for the purpose of giving effect to the trust.
(7) Nothing contained in or done under the authority of any law enacted by
Parliament shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provision for the
compulsory taking of possession of any property, or the compulsory acquisition
of any interest in or right over property, where that property, interest or
right is held by a body corporate established by law for public purposes in
which no monies have been invested other than monies provides by Parliament.
(8) In this section-
"property" means any land or other thing capable of being owned or held in
possession and includes any right relating thereto, whether under a contract,
trust or law or otherwise and whether present or future, absolute or
conditional;
"acquisition" in relation to an interest in or right over property, means
transferring that interest or right to another person or extinguishing or
curtailing that interest or right.
Protection from arbitrary search or entry
7. (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 provision-
a. that is reasonably requires in the interests of defence, public safety,
public order, public morality, public health, town and country planning,the
development and utilization of mineral resources or the development or
utilization of any property for a purpose beneficial to the community;
b. that is reasonably required for the purpose of protecting the rights or
freedoms of other persons;
c. that authorizes 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
d. that authorizes, for the purpose of enforcing the judgment or order of a
court i any civil proceedings, the search or any person or property by order of
a court or entry upon any premises by such order,
and except so far as that provision or, as the case may be, anything done under
the authority thereof is shown not to be reasonably justifiable in a democratic
society.
Provisions to secure protection of law
8. (1) 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.
(2) Every person who is charged with a criminal offence-
a. shall be presumed to be innocent until he is proved or has pleaded guilty;
b. shall be informed as soon as reasonably practicable, in a language that he
understands and in detail, of the nature of the offence charged;
c. shall be given adequate time and facilities for the preparation of his
defence;
d. shall be permitted to defend himself before the court in person or, at his
own expense, by a legal practitioner of his own choice;
e. 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
f. 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 tender 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 or
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.
(3) When a person is tried for any criminal offence, the accused person or any
person authorized by him in that behalf shall, if he so requires and subject to
payment of such reasonable fee as may be prescribed by law, be given within a
reasonable time after judgment a coup for the use of the accused person of any
record of the proceedings made by or on behalf of 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 severer in degree or description than the maximum penalty that might
have been imposed for that offence at the time when is was committed.
(5) A person who shows that he has been tried by a competent court for a
criminal offence and either convicted of acquitted shall not again fe tried for
that 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 shall not be tried for a criminal offence if he shows that he has
been pardoned for that offence.
(7) A person who is tried for a criminal offence shall not be compelled to give
evidence at the trial;
provided that nothing in this subsection shall prevent the prosecution or the
court from commenting on his failure to give evidence on his own behalf or
prevent the court from drawing inferences from any such failure.
(8) 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 curt or other
authority, the case shall be given a fair hearing eithin a reasonable time.
(9) Where the existence or extent of any civil right to obligation has been
determined in proceedings in any court or before any other authority any party
to those proceedings shall, if he so requires as subject to payment of such
reasonable fee as may be prescribed by law, be entitled to obtain within a
reasonable time after the judgment or other determination a copy of any record
of the proceedings made by or on behalf of the court or other authority.
(10) 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.
(11) Nothing is subsection (10) 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-
a. may by law be empowered to do and may consider necessary or expedient in
circumstances where publicity would prejudice the interests of justice or
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
b. may by law be empowered or required to do in the interests of defence,
public safety or public order.
(12) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of-
a. subsection (2)(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;
b. subsection (2)(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
c. subsection (5) of this sector to the extent that the law in question
authorizes a court to try 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 try in
such a member and convicting him shall in sentencing him to any punishment take
into account any punishment awarded him under that disciplinary law.
(13) In the case of any person who is held in lawful detention the provisions
of subsection(1) paragraph (d) and (e) of subsection (2) and 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.
(14) In this section "criminal offence" means a criminal offence under a law.
Protection of freedom of conscience
9. (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 guardian) a person attending any place of
education, detained in any prison or corrective institution or a naval,
military or air force shall not be required to received religions instructions
or to taken part in or attend any religious ceremony or observance if that
instruction ceremony or observance relates to a religion that is not his own.
(3) Every 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; as no such community shall be prevented from providing
religious instruction for persons of that community whether or not 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 that 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-
a. in the interests of defence, public safety, public order, public morality or
public health;
b. for the purpose of protecting the rights and freedoms of other persons
including the right to observe and practice any religion without the
unsolicited intervention or members of any other religion; or
c. for the purpose of regulating educational institutions in the interests of
the persons who receive instruction in them,
and except so far as that provision or, as the case may be, the thing done
under the authority thereof is shown not to be reasonably justifiable in a
democratic society.
(6) References is this section to a religion shall be construed as including
references to a religious denomination, and cognate expressions shall be
construed accordingly.
Protection freedom of expression
10. (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 provision-
a. that is reasonably required in the interests of defence, public safety,
public order, public morality or public health;
b. that is reasonably required for the purpose of protecting the reputations,
tights 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 technical administration or the technical operation of
telephony, telegraphy, posts, wireless broadcasting or television; or
c. that imposes restrictions upon public officers that are reasonably required
for the performance of their functions,
and except so far as that provision or, as the case may be, the things done
under the authority thereof is shown not to be reasonably justifiable in a
democratic society.
Protection of freedom of assembly and association
11. (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
tight to assemble freely and associate with other persons and in particular to
form or belongs to trade unions or other associations for the protection of his
interests.
(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-
a. that is reasonably required in the interests of defence, public safety,
public order, public morality or public health;
b. that is reasonably required for the purpose of protecting the rights or
freedoms of other persons; or
c. that imposes restrictions upon public officers that are reasonably required
for the proper performance of their functions,
and except so far as that provisions or, as the case may be, the thing done
under the authority thereof is shown not to be reasonably justifiable in a
democratic society.
Protection of freedom of movement.
12. (1) A person shall not be deprived of his freedom of movement that
is to say, the right to more freely through Saint Vincent, the right to reside
in any part of Saint Vincent, the right to enter Saint Vincent, the right to
leave Saint Vincent and immunity from expulsion from Saint Vincent.+
(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 provision-
a. for the imposition of restrictions on the movement or residence within Saint
Vincent of any person or on any person's right to leave Saint Vincent that are
reasonably required in the interests of defence, public safety or public
order;
b. for the imposition of restrictions on the movement or residence within Saint
Vincent or on the right to leave Saint Vincent 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 Saint
Vincent, of securing compliance with any international obligation of the
Government particulars of which have been laid before the House and empt so far as that provision or, as the case may be, the thing done under
the authority thereof is shown not to be reasonably justifiable in a democratic
society;
c. for the imposition of restrictions, by order of a court, on the movement or
residence within Saint Vincent of any person or on any person's right to leave
Saint Vincent either in consequence of his having been found guilty of a
criminal offence under a lae or for the purpose of enduring that the appears
before a court at a later date for trial of such a criminal offence or for
proceedings preliminary to trial or for proceedings relatings to his
extradition or lawful removal from Saint Vincent;
d. for the imposition of restrictions on the freedom of movement of any person
who is not a citizen;
e. for the imposition of restriction on the acquisition or use by any person of
land or other property in Saint Vincent;
f. for the imposition of restrictions upon the movement or residence within
Saint Vincent or on the right to leave Saint Vincent of any public officer that
are reasonably required for the proper performance of his functions;
g. for the removal of a person from Saint Vincent 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
h. for the imposition of restrictions on the right of any person to leave Saint
Vincent that ate reasonably required in order to secure the fulfillment of any
obligations imposed on that person by law and except so far as that provision
or, as the case may be, the thing done under the authority thereof is shown not
to be reasonably justifiable in a democratic society.
(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 that
three months after the order was made or three months after he last made such a
request, as the case may be, his case 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.
Protection from discrimination on the grounds of race, etc.
13. (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 subsections (6),(7) and (8) of this section,
no persons shall be treated in a discriminatory manner by any persons acting by
virtue of any written law or in the performance of the functions of any public
office or any public 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,color
or creed whereby persons of one such description are subjected to disabilities
or restrictions to which persons of another such descriptions are not made
subject or are recorded privileges of advantages which are not accorded to
persons of another such description.
(4) Subsection (1) of this section shall not apply to any law do far as that
law makes provision-
a. for the appropriation of public revenues or other public funds;
b. with respect to persons who are not citizens;
c. 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 that is the personal law
of persons of that description;
d. 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 in a democratic society.
(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 or origin, political
opinions, color 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 authorized 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 7,9,10,11 add 12
if this Constitution, being such a restriction as is authorized by section
7(2), section 9(5)m section 10(2)m section 11(2) or paragraph (a), (b) or (h)
of section 12(3), as the case may be,.
(8) Nothing in sybsectuib (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.
Derogations from s. 3 or s. 13 under emergency powers
14. nothing contained in or done under the authority of a law enacted by
Parliament shall be held to be inconsistent with or in contravention of section
3 or section 13 of this Constitution to the extent that the law authorizes the
taking during any period of public emergency of measures that are reasonably
justifiable for dealing with the situation that exists in Saint Vincent during
that period.
Protection of persons detained under emergency laws.
15. (1) When a person is detained by virtue of any such law as is
referred to in section 14 of this Constitution the following provisions shall
apply, that is to say:-
a. 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 and in detail of the grounds upon which he is detained and
furnished with a written statement in English specifying those grounds in
detail;
b. not more that fourteen days after the commencement of his detention, a
notification shall be published in the Official Gazette stating that he has
been detained and giving particulars of the provision of law under which his
detention is authorized;
c. not more than one month after the commencement of his detention and
thereafter during his detention at intervals of not more than sic month, his
case shall be review 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;
d. 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
e. 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
of 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 sly 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.
Enforcement of protective provisions.
16. (1) If any person allege that any of the provisions of sections 2 to
15 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 actin with respect to the same
matter that is lawfully available, that person (or that other person) may apply
to the High Court for redress.
(2) The High Court shall have original jurisdiction-
a. to hear and determine any application made by any person in pursuance of
subsection (1) of this section, and
b. 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 2 to 15
(inclusive) of this Constitution:
Provided that the High 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 proceeding in any court (other than the Court of Appeal or the
High Court or a court-martial) any question arises as to the contravention of
any of the provisions of sections 2 to 15 (inclusive) of this Constitution, the
person presiding in that court may, and shall if any party to the proceedings
so request, refer the question to the High Court unless, in his opinion, the
raising of the question is merely frivolous or vexatious.
(4) Where any question is referred to the High Court in pursuance of subsection
(3) of this section, the High Court shall gibe 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 case may be, of Her Majesty in
Council.
(5) The High Court shall have such powers in addition to those conferred by
this section as may be conferred upon it by Parliament for the purpose of
enabling or more effectively to exercise the jurisdiction conferred upon it by
this section.
(6) The Chief Justice may make rules with respect to the practice and procedure
of the High Court in relation to the jurisdiction and power 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 High Court).
Declaration of emergency
17. (1) The Governor General may, by proclamation which shall be
published in the Official Gazette, declare that a state of emergency exist for
the purposes of this Chapter.
(2) A proclamation under this section shall not be effective unless it contains
a declaration that the Governor-General is satisfied-
a. that a public emergency has arisen as a result to the imminence of a state
of war between Saint Vincent and a foreign state;
b. that a public emergency has arisen as a result of the occurrence of any
volcanic eruption, earthquake,hurricane, flood,fire, outbreak of pestilence or
of infectious disease, or other calamity whether similar to the foregoing or
not; or
c. that action has been taken, or is immediately threatened by any person, 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.
(3) Every declaration of emergency shall lapse-
a. in the case of a declaration made when the House is sitting, at the
expiration of a period of seven days beginning with the date of publication of
the declaration; and
b. in any other case, at the expiration of a period of twenty-one days
beginning with the date of publications of the declarations, unless it has in
the meantime been approved by resolution of the House.
(4) A declaration of emergency may at any time be revoked by the
Governor-General by proclamation which shall be published in the Official
Gazette.
(5) A declaration of emergency that has been approved by resolution of the
House in pursuance of subsection (2) of this section shall, subject to the
provisions of subsections (3) of this section, remain in force so long as the
resolution remains in force and no longer.
(6) a resolution of the House passed for the purposes of this section shall
remain in force for twelve 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 twelve 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 House for the purpose of subsection(2) of this section
and a resolution of the House extending any such resolution shall not be passed
in the House unless it is supported by the votes of two-thirds of all the
Representatives; and a resolution revoking any such resolution shall not be so
passed unless it is supported by the votes of a majority of all the
Representatives.
(8) Any provision of this section that a declaration of emergency shall lapse
or cease to be in force at any particular time is without prejudice to the
making of a further such declaration whether before or after that time.
Interpretation and saving.
18. (1) In this Chapter, 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 Saint Vincent other than
a court established by a disciplinary law, and includes Her Majesty in Council
and in sections 2 and 4 of this Constitution a court established by a
disciplinary law;
"disciplinary law" means a law refutating the discipline of any disciplined
force;
"discipline force" means-
a. a naval, military or air force;
b. the Police Force; or
c. a prison service;
"legal practitioner" means a person entitled to be in or to enter Saint Vincent
and entitled to practice as a barrister in Saint Vincent or except in relation
to proceedings before a court in which a solicitor has no right of audience,
entitled to practice as a solicitor in Saint Vincent;
"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 this Chapter "period of public emergency" means any period during
which-
a. Her Majesty is at war;or
b. a declaration of emergency is in force under section 17 of this
Constitution.
(3) In relation to any person who is a member of a disciplined force of Saint
Vincent, 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 Chapter other than sections 2, 4 and 5 of this
Constitution.
(4) In relation to any person who is a member of a disciplined force of a
country other than Saint Vincent that is lawfully present in Saint Vincent,
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 Chapter.
CHAPTER II
THE GOVERNOR-GENERAL
Establishment of office.
19. There shall be a Governor-General of Saint Vincent who shall be
appointed by Her Majesty and shall hold office during Her Majesty's pleasure
and who shall be Her Majesty's representative ins Saint Vincent.
Acting Governor-General.
20. (1) During any period when the office of Governor-General is vacant
or the holder of the office of Governor_General is absent from Saint Vincent 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 nor continue to perform the functions of
the office of Government-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 Saint Vincent or as unable to perform
the functions of his office-
a. by reason that he is in passage from one part of Saint Vincent to another;
or
b. at any time when there is a subsisting appointment of a deputy under section
22 of this Constitution.
Oaths.
21. 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 the oath of office.
Deputy to Governor-General.
22. (1) Whenever the Governor-General-
a. has occasion to be absent from the seat of government but nor from Saint
Vincent;
b. has occasion to be absent from Saint Vincent for a period that he considers,
acting in his own deliberate judgment, will be of short duration; or
c. is suffering from an illness that 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 Saint Vincent to be his deputy during 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 abridge,
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 in any court of
law.
(3) A person appointment 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.
CHAPTER III
PARLIAMENT
PART 1
COMPOSITION OF PARLIAMENT
Establishment.
23. There shall be a Parliament of Saint Vincent which shall consist of
Her Majesty and a House of Assembly.
Composition of House of Assembly.
24. (1) The House shall consist of-
a. such number of Representatives as corresponds with the number of
constituencies for the time being established in accordance with the provisions
of section 33 of this Constitution, who shall be elected in accordance with the
provisions of section 27 of this Constitution; and
b. six Senators appointed in accordance with the provisions of section 28 of
this Constitution.
(2) if a person who is not a member of the House is elected to be Speaker he
shall, be virtue of holding the office of Speaker, be a member of the House.
(3) At any time when the office of Attorney-General is a public office, the
Attorney-General shall, by virtue of holding or acting in that office, be a
member of the House.
Qualifications for representatives and Senators.
25. (1) Subject to the provisions of section 26 of this Constitution, a
person shall be qualified to be elected as a representative if, and shall not
be so qualified unless, he-
a. is a Commonwealth citizen of the age of twenty-one years or upwards
b. has resided in Saint Vincent for a period of twelve months immediately
before the date of his nominations for election or is domiciled and resident in
Saint Vincent at that date: and
c. is able to speak and, unless incapacitated by blindness or the physical
cause, to teal the English language with a degree of proficiency sufficient to
enable him to take an active part in the proceedings of the House.
(2) Subject to the provisions of section 26 of this Constitution, a person
shall be qualified to be elected or appointed as a Senator if, and shall not be
so qualified unless, he is a Commonwealth citizen of the age of twenty-one
years or upwards.
Disqualifications for Representatives and Senators.
26. (1) No person shall be qualified to be elected or appointed as a
Representative or Senator (hereinafter in this section referred to as a member)
if he-
a. is by virtue of his own act, under any acknowledgment of allegiance,
obedience or adherence to a foreign power or state,
b. is a minister of religion;
c. holds or is acting in the office of judge of the Supreme Court;
d. subject to such exceptions and limitations as may be prescribed by
Parliament, holds or is acting in any public office or is a paid member of any
defence force of Saint Vincent;
e. is an undischarged bankrupt, having been adjudged or otherwise declared
bankrupt under any law;
f. is a person certified to be insane or otherwise adjudged to be of unsound
mind under any law;
g. is under sentence of death imposed on him by a court of law 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;
h. subject to such exceptions and limitations as may be prescribed by
Parliament has any such interest in any such government contracts as may be so
prescribed:
provided that a minister of religions may be appointed as a Senator.
(2) If it so provided by Parliament, a person shall not be qualified to be
elected or appointed as a member if he holds or is acting in any office that is
specified by Parliament and the functions of which involve responsibility for,
or in connection with, the conduct of any election of members or the
compilation of any register of votes for the purpose of electing
Representatives.
(3) If it is so provided by Parliament, a person who is convicted by any court
of law of any offence that is prescribed by Parliament and that is connected
with the election of representatives or is reported guilty of such an offence
by the court trying an election tition shall not be , for such period (not
exceeding five years) following his conviction or, as the case may be,
following the report of the court as may be so prescribed, to be elected or
appointed as a member.
(4) A person shall not be qualified tao be elected as a Representative if he is
a Senator and a person shall not be qualified to be appointed as a Senator if
he is a Representative or is nominated for election as such.
(5) In subsection (1) of this section-
"government contract" means any contract made with the Government or with a
department of the Government or with an office of the Government contracting as
such;
"minister or religion" means any person in holy orders and any other person,
the functions of whose principal occupation include teaching or preaching in
any congregation for religious worship.
(6) For the purposes or paragraph (g.) of subsection (1) of this section-
a. 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 none sentence; and
b. no account shall be taken of a sentence of imprisonment imposed as an
alternative to or in default of the payment of a fine.
Election of representatives.
27. (1) Each of the constituencies established in accordance with the
provisions of section 33 of this Constitution shall return one representative
to the House so shall be directly elected in such manner as may, subject to the
provisions of this Constitution, be prescribed by or under any law.
(2) a. Every Commonwealth citizen of the age of eighteen years or upwards who
possesses such qualifications relating to residence or domicile in saint
Vincent as Parliament may prescribe shall, unless he is disqualified by
Parliament from registration as a voter for the purpose of electing
Representatives, be entitled to be registered as such a voter in accordance
with the provisions of any law in that behalf, and no other person may be so
registered.
b. Every person who is registered as aforesaid in any constituency shall,
unless he is disqualified by Parliament from voting in that constituency in any
election of Representatives, be entitled so to bote in accordance with the
provisions of any law in that behalf, and no the person may so vote.
(3) In any election of representatives the votes shall be given by ballot in
such manner as not to disclose hoe any particular person votes.
Appointment of Senators.
28.Of the Senators-
a. four shall be appointed by the Governor-General, acting in accordance with
the advice of the Prime Minister; and
b. two shall be appointed by the Governor-General acting in accordance with the
advice of the Leader of the Opposition.
Tenure of office of Representatives and Senators.
29. (1) A Representative or a Senator (hereinafter in this section
referred to as a member) shall baccate his seat in the House at the next
dissolution of Parliament after his election or appointment.
(2) A Senator appointed in accordance with the provisions of paragraph (a.) of
section 28 of this Constitution shall vacate his seat in the House if his
appointment is revoked by the Governor-General, acting in accordance with the
advice of the Prime Minister, and a Senator appointed in accordance with the
provisions of paragraph (b.) of that section shall vacate his seat in the House
if his appointment is revoked by the Governor-General, acting in accordance
with the advice of the Leader of the Opposition.
(3) A member shall also vacate his seat in the House-
a. if he is absent from the sittings of the House for such period and in such
circumstances as may be prescribed in the rules of procedure of the House;
b. if he ceases to be a Commonwealth citizen; or
c. subject to the provisions of subsection (4) of this section, if any other
circumstances arise that, if the were not a member, would cause him to be
disqualified to be elected or appointed as such by virtue of subsection (1) of
section 26 of this Constitution of any law enacted in pursuance of subsection
(2) or (3) of that section.
(4) a. if any circumstances such as are referred to in paragraph (c) of
subsection (3) of this section arise because any member is under sentence of
death or imprisonment, adjudged to be of unsound mind, declared bankrupt or
convicted or reported witty of an offence relating to elections and if it is
open to the member to appeal against the decision (either eith the leave of a
court of law or other authority or without such leave), he shall forthwith
cease to perform his functions as a member but, subject to the provision of
this section, he shall not vacate his seat until the expiration of a period of
thirty days thereafter;
Provided that the Speaker may, at the request of the member, 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 vacates his seat such circumstances
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.
Speaker.
30. (1) When the House first meets after any general election of
Representatives and before it proceeds to the despatch of any other business,
it shall elect a person to be the Speaker; and if the office of Speaker falls
vacant at any time before the next dissolution of Parliament, the House shall
as soon as practicable, elect another person to that office.
(2) The Speaker may be elected either from among the members of the House who
are not members of the Cabinet or Parliamentary Secretaries or from among
persons who are not members of the House:
Provided that a person who is not a member of the House shall not be elected as
Speaker if-
a. he is not a Commonwealth citizen; or
b. he is a person disqualified to be elected or appointed as a Representative
or Senator by virtue of subsection (1) of section 26 of this Constitution or of
any law enacted in pursuance of subsection (2) or (3) of that section.
(3) No business shall be transacted in the House (other than the election of a
Speaker) at any time when the office of Speaker is vacant.
(4) A person shall vacate the office of Speaker-
a. in the case of a Speaker who was elected from among the members of the
House-
i) if he ceases to be a member of the House:
Provided that the Speaker shall not vacate his office by reason only that he
has ceased to be a member of the House on a dissolution of Parliament, until
the House first meets after the dissolution; or
ii) if he becomes a member of the Cabinet or a Parliamentary Secretary;
b. in the case of a Speaker who was elected from among persons who were not
members of the House-
i) when the House first meets after ny dissolution of Parliament;
ii) if he ceases to be a Commonwealth citizen; or
iii) if any circumstances arise that would cause him to be disqualified to be
elected or appointed as a Representative or by virtue of subsection (1) of
section 26 of this Constitution or of any law enacted in pursuance of
subsection (2) or (3) of that section; or
c. if he is removed from office by resolution of the House in favor or which
there are cast the votes of two-thirds of all the members of the House
excluding the Speaker.
(5) If, by virtue of section 29(4) of this Constitution, the Speaker (being a
Representative or a Senator) is required to cease to perform his function as a
member of the House he shall also cease to perform his function as Speaker; and
if the Speaker resumes the performance of his functions as a member of the
House, in accordance with the provisions of that section, he shall also resume
the performance of his functions as Speaker.
(6) At any time when, by virtue of section 29(4) of this Constitution, the
Speaker is unable to perform the functions of his office, those functions
shall, until he vacates his seat in the House or resumes the performance of the
functions of his office, be performed by the Deputy Speaker or, of the office
of Deputy Speaker is vacant or the Deputy Speaker is requires to cease to
perform his functions as a member of the House by virtue of section 29(4) of
this Constitution, by such member of the House ( not being a member of the
Cabinet or a Parliamentary Secretary) as the House may elect for the purpose.
Deputy Speaker.
31. (1) When the House first meets after any general election of
Representatives 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 member of the Cabinet or a Parliamentary Secretary, to be
the Deputy Speaker and if the office of Deputy Speaker falls vacant at any time
before the next dissolution of Parliament, the House shall, as soon as
convenient, elect another member of the House to that office.
(2) A person shall vacate the office of Deputy Speaker-
a. if he ceases to be a member of the House;
b. if he becomes a member of the Cabinet or a Parliamentary Secretary; or
c. if he is elected to be Speaker.
(3) If, by virtue of section 29(4) of this Constitution, the Deputy Speaker is
required to cease to perform his functions as a member of the House he shall
also cease to perform his functions as Deputy Speaker and if the Deputy Speaker
resumes the performance of his functions as a member of the House, in
accordance with the provisions of that section, he shall also resume the
performance of his functions as Deputy Speaker.
(4) At any time when, by virtue of section 29(4) of this Constitution, the
Deputy Speaker is unable to perform the function of his office, those functions
shall, until he vacates his seat in the House or resumes the performance of the
functions of this office, be performed by such member of the House (not being a
member of the Cabinet or a Parliamentary Secretary) as the House may elect for
the purpose.
Constituency Boundaries Commission.
32. (1) There shall be a Constituency Boundaries Commission which shall
be appointed in the circumstances specified in section 33(3) of this
Constitution and which shall consist of-
a. a chairman who shall be appointed by the Governor-General in his own
deliberate judgment;
b. one member who shall be appointed by the Governor-General, acting in
accordance with the advice of the Prime Minister; and
c. one member who shall be appointed the Governor-General, acting in accordance
with the advice of the Leader of the Opposition.
(2) A person shall not be qualified to be appointed as a member of the
Commission if-
a. he is, or has at any time during the period of five years immediately
preceding his appointment been, a member of the House;
b. he is or has at any time during that period been, nominated as a candidate
for election as a Representative;
c. he is, or has at any time during that period been, the holder of an office
in any political organization that sponsors or otherwise supports, or that has
at any time sponsored otherwise supported, a candidate for election as a
Representative or a member of any local government authority; or
d. he is a judge of the Supreme Court or a public officer.
(3) Subject to the provisions of this section, a member of the Commission shall
vacate his office-
a. when the order of the Commission is published in the Official Gazette in
accordance with the provisions of section 33(6) of this Constitution; or
b. if any circumstances arise that, if the were not a member of the Commission,
would cause him to be disqualified for appointment as such.
(4) A member of the Commission may be removed from office by the
Governor-General only for inability to discharge the functions of his office
(whether arising from infirmity of mind or body or any other cause) or for
misbehavior.
(5) A member of the Commission shall be removed from office by the
Governor-General of the question of his removal from office has been referred
to a tribunal appointed under subsection (6) of this section and the tribunal
has recommended to the Governor-General that he ought to be removed from office
for inability as aforesaid or for misbehavior.
(6) If the Prime Minster represents to the Governor-General that the question
of removing a member of the Commission under this section ought to be
investigated, then-
a. the Governor-General shall appoint a tribunal which shall consist of a
chairman and not less than two other members, selected by the Chief Justice
from among persons who hold or have held office as a judge of a court having
unlimited jurisdiction in civil and criminal matters in some part of the
Commonwealth of a court having jurisdiction in appeals from such a court; and
b. the tribunal shall enquire into the matter and report on the facts thereof
to the Governor-General and recommend to him whether the member ought to be
removed under this section.
(7) If the question of removing a member of the Commission has been referred to
a tribunal under this section, the Governor-General, acting in accordance with
the advice of the Prime Minister, may suspend that member from the exercise of
the functions of his office and any such suspension may at any time be revoked
by the Governor-General acting in accordance with such advice as aforesaid, and
shall in any case cease to have effect if the tribunal recommends to the
Governor-General that member should not be removed.
(8) The Commission may regulate its own procedure, and may with the consent of
the Prime Minister, confer powers and impose duties on any public oddicer or on
any authority of the Government for the purpose of the discharge of its
functions.
(9) The Commission may, subject to its rules of procedure, act notwithstanding
any vacancy in its membership or the absence of any member and its proceedings
shall not be invalidated by the presence or participation of any person not
entitled to be present at or to participate in those proceedings:
provided that any decision of the Commission shall require the concurrence of a
majority of all its members.
(10) In the exercise of its functions under this Constitution, the Commission
shall not be subject to the direction or control of any other person or
authority.
Constituencies.
33. (1) For the purpose of the election of Representatives, Saint
Vincent shall, in accordance with the provisions of this section, be divided
into thirteen constituencies having such boundaries as may be prescribed by
order made by the Constituency Boundaries Commission.
(2) All constituencies shall contain as nearly equal numbers of inhabitants as
appears to the Commission to be reasonably practicable, but the Commission may
depart from this principle to such extent as it considers expedient in order to
take account of the following factors, that is to say-
a. the density of population and in particular the need to ensure adequate
representation of adequate representation of sparsely populated rural areas;
b. the means of communication;
c. geographical features; and
d. the boundaries of existing administrative areas.
(3) A Commission shall be appointed in the following circumstances, that is to
say:-
a. whenever a census of the population of Saint Vincent has been held in
pursuance of any law;
b. whenever Parliament has amended subsection (1) of this section so as to
alter the number of the constituencies into which Saint Vincent is divided;
or
c. On the expiry of eight years after the Commission last reviewed the
boundaries of the constituencies in accordance with the provisions of this
section.
(4) Whenever the Commission has been appointed in the circumstances specified
in subsection (3)(a.) or in the circumstances specified in subsection (3)(b.)
of this section it shall forthwith carry out a review of the voundaries of the
constituencies into which Saint Vincent is divided and may (and in the
circumstances specified in subsection (3)(b.) shall ), by order, alter the
boundaries in accordance with the provisions of this section to such extent as
it thinks desirable in the light of those circumstances and the review.
(5) Whenever the Commission has been appointed in the circumstances specified
in subsection (3)(c.) of this section it shall, within the period of two years
commencing with its appointment,carry out a review of the boundaries in
accordance with the provisions of this section to such extent as it thinks
desirable in the light of those circumstances and the review.
(6) Every order made by the Commission under this section shall be published in
the Official Gazette and shall come into effect upon the next dissolution of
Parliament after it was made.
(7) To the extent that any law enacted by Parliament amends subsection (1) of
this section so as to alter the of constituencies which Saint Vincent is divided it shall come into effect when the order of
the Commission that, in accordance with the provisions of subsection (4) of
this section, is consequential thereon comes into effect.
(8) For the purposes of subsection (2) of this section the number of
inhabitants of any part of Saint Vincent shall be ascertained by reference to
the latest census of the population held in pursuance of any law.
Supervisor of Elections.
34. (1) There shall be a Supervisor of Elections whose duty it shall be
to exercise general supervision over the registration of voters in elections of
Representatives and over the conduct of such elections.
(2) The functions of the office of Supervisor of Elections shall be exercised
either by the person holding or acting in such public office as may for the
time being be designated in that behalf by the Public Service Commission or, if
the Commission so decides, by such other person who is not a public officer as
may for the time being be so designated, but before exercising its powers under
this subsection the Commission shall consult with the Prime Minister.
(3) A person shall not enter upon the duties of the office of Supervisor or
Elections until he has taken and subscribed the oath of allegiance and the oath
of office.
(4) For the purposes of the exercise of his functions under subsection (1) of
this section the Supervisor of Elections may give such directions as he
considers necessary or expedient to any registering officer, presiding officer
or returning office relating to the exercise by that officer of his functions
under any law regulation the registration of voters or the conduct of
elections, and any officer to whom directions are given under this subsection
shall comply with those directions.
(5) The Supervisor of Elections may, whenever he considers it necessary or
expedient so to do, report to the House on the exercise of his functions under
he foregoing provisions of this section; he shall submit every such report to
the Minister for the time being responsible for matters relating to the
election of Representatives and that Minister shall, not later than seven days
after the House first meets after he has received the report, lay it before the
House.
(6) In the Supervisor of Elections shall exercise such other functions in
relation to elections(whether to the House or to local government authorities)
as may be prescribed by or under any law enacted by Parliament.
Clerk of House and his staff.
35. (1) There shall be a Clerk of the House.
(2) The office of the Clerk of the House and the offices of the members of his
staff shall be public offices.
Determination of question of membership.
36. (1) The High Court shall have jurisdiction to hear and determine any
question whether-
a. any person has been validity elected as a Representative;
b. any person has been validity appointed as a Senator;
c. any person who has been elected as Speaker from among persons who were not
members of the House was qualified to be so elected of has vacate the office of
Speaker; or
d. any member of the House has vacate his seat or is required, under the
provisions of section 29(4) of this Constitution, to cease to perform any of
his functions as a member of the Hours.
(2) An application to the High Court for the determination of any question
under subsection (1)(b.) of this section may be made by any person entitled to
vote in the election to which the application relates of by any person who was
a candidate at that election or by the Attorney-General.
(3) An application to the High Court for the determination of any question
under subsection (1)(b) or subsection (1) (c.) of this section may be made by
any Representative or By the Attorney-General.
(4) An application to the High Court for the determination of any question
under subsection (1)(d.) of this section may be made-
a. by any Representatives or by the Attorney-General; or
b. in the case of the seat of a Representative, by any person registered in
some constituency as voter for the purpose of electing Representatives.
(5) If any applications is made by a person other than the Attorney General to
the High Court for the determination of any question under this section, the
Attorney-General may intervene and may then appear or be represented in the
proceedings.
(6) An appeal shall lie as of right to the Court of Appeal from any final
decision of the High Court determining such a question as is referred to in
subsection (1) of this section.
(7) The circumstances and manner in which and the imposition of conditions upon
which any application may be made to the High Court for the determination of
any question under this section and the powers practice and procedure of the
High Court and the Court of Appeal in relation to any such application shall be
regulated by such provisions as may be made by Parliament.
(8) No appeal shall lie from any decision of the Court of Appeal in exercise of
the jurisdiction conferred by subsection (6) of this section and no appeal
shall lie from any decision of the High Court in proceedings under this section
other than a final decision determining such a question as is referred to in
subsection (1) of this section.
(9) In the exercise of his functions under this section, the Attorney-General
shall not be subject to the direction or control of any other person or
authority.
PART 2
LEGISLATION AND PROCEDURE OF PARLIAMENT
Power to make laws.
37.Subject to the provisions of this Constitution, Parliament may make
laws for the peace, order and good government of Saint Vincent.
Alteration of Constitutions and Supreme Court Order.
38. (1) Parliament may alter any of the provisions of this Constitution
or of the Supreme Court Order in the Manner specified in the following
provisions of this section.
(2) A bill to alter any of the provisions of this Constitution or of the
Supreme Court Order shall not be regarded as being passed by the House unless
on its final reading the bill is supported by the votes of not less than
two-thirds of all the Representatives.
(3) A bill to alter this section, the Schedule to this Constitution or any of
the Provisions of this Constitution specified in Par 1 of that Schedule or any
of the provisions of the Courts Order specified in Part 2 of that Schedule
shall not be submitted to the Governor-General for his assent unless-
a. there has been an interval on for less than ninety days between the
introduction of the bill in the House and the beginning of the proceedings in
the House on the second reading of the bill; and
b. after it has been passed by the House the bill has been approved on a
referendum by not less than two-thirds of all the votes validly cast on that
referendum.
(4) The provisions of paragraph (b.) of subsection (3) of this section shall
not apply in relation to any bill to alter-
a. section 98 of this Constitution in order to give effect to any agreement
between Saint Vincent and the United Kingdom concerning appeals from any court
having jurisdiction in Saint Vincent to Her Majesty in Council;
b. any of the provisions of the Supreme Court Order in order to give effect to
any international agreement on which Saint Vincent is a party relating to the
Supreme Court or any other court (or any officer or authority having functions
in respect of any such court) constituted in common for Saint Vincent and for
other countries also parties to the agreement.
(5) Every person who, at the time when the referendum is held, would be
entitled to vote for the purpose of electing Representatives shall be entitled
to vote on a referendum held for the purposes of this section in accordance
with such procedures as may be prescribed by Parliament for the purposes of the
referendum and no other person shall be entitled so to vote.
(6) In any referendum for the purposes of this section shall be given by ballot
in such manner as not to siclose how any particular person votes.
(7) The conduct of any referendum for the purposes of this section shall be the
responsibility of the Supervisor of Elections and the provisions of subsections
(4), (5) and (6) of section 34 of this Constitution shall apply in relation tot
he exercise by the Supervisor of Elections or by any other officer of his
functions with respect to a referendum as they apply in relation to the
exercise of his functions with respect to elections of Representatives.
(8) a. A bill to alter any of the provisions of this Constitution or of the
Supreme Court Order shall not be submitted to the Governor-General for his
assent unless it is accompanied by a certificate under the hand of the Speaker
that the provisions of subsection (2) of this section have been complied with
and, where a referendum has been held in pursuance of subsection (3)(b.) of
this section, by a certificate under the hand of the Supervisor of Elections
stating the results of the referendum.
b. The certificate of the Speaker under this subsection shall be conclusive
that the provisions of subsections (2) and (3) of this section have been
complied with and shall not be enquired into in any court of law.
c. 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 the r person is performing them, include references to the Deputy
Speaker.
(9) In this Section and the Schedule to this Constitution references to any of
the provisions of this constitution or the Supreme Court Order include
references to any law that alters that provision.
Oath by members.
39. (1) Every member of the House shall, before taking his seat in the
House, take and subscribe before the House the oath of allegiance but a member
may before taking that oath part in the election of the Speaker.
(2) Any person elected to the office of Speaker shall, if he has not already
taken and subscribed the oath of allegiance under subsection (1) of this
section, take and subscribe that oath before the House before entering upon the
duties of his office.
Proceeding.
40. There shall preside at any sitting of the House-
a. the Speaker:
b. in the absence of the Speaker, the Deputy Speaker; or
c. in the absence of the Speaker and the Deputy Speaker, such member of the
House (not being a member of the Cabinet or Parliamentary Secretary) as the
House may elect for that purpose:
Provided that the Speaker shall not precede when a motion for his removal from
office is before the House.
Voting.
41. (1) save as otherwise provided in section 17(7), 30(4), 38(2) or
49(3) of this Constitution, any question proposed for decision in the House
shall be determined by a majority of the votes of the members present and
voting:
Provided that question of no condense in the Government shall be determined by
a majority of the votes of all the Representatives.
(2) A question shall not be regarded as having been validity determined by a
vote in the House unless at least eight members, or such greater number of
members as Parliament may prescribe, take part in the voting.
(3) The references to the members of the House in section 30(4) of this
Constitution, subsection (1) of this section and sections 51(4) and 57 of this
Constitution shall not included the Attorney-General if he is a member by
virtue of section 24(3) of this Constitution.
(4) A Speaker who was elected from among the members of the House or other
member presiding in the House shall not vote unless on any question the votes
of the members are equally divided, in which case he shall have and exercise a
casting vote:
Provided that in the case of the question of the final reading of such a bill
as is referred to in section 38(2) of this Constitution he shall, if he is a
Representative, have an original vote but no casting vote.
(5) A Speaker who was elected from among persons who were not members of the
House shall have neither an original nor a casting vote and if, upon any
question before the House when such a Speaker is presiding, the votes of the
members are equally divided, the motion shall be lost.
Penalty for sitting if unqualified.
42. (1) Any person who sits or votes in the House knowing or having
reasonable grounds for knowing that he is nor entitled to do so shall be guilty
of an offence, and liable to a fine not exceeding one hundred dollars, or such
other sum as may be prescribed by Parliament, for each day on which he so sits
or votes in the House.
(2) Any prosecution for an offence under this section shall be instituted in
the High Court and shall not be so instituted except by the Director of Public
Prosecutions.
Mode of exercise of legislative power.
43. (1) The power of Parliament to make laws shall be exercised by bills
passed by the House and assent 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.
(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
Official Gazette as law.
(4) No law made by Parliament shall come into operation until it has been
published in the Official Gazette but Parliament may postpone the coming into
operation of any such law and may make laws with retrospective effect.
Restrictions with regard to certain financial measures.
44. Except on the recommendation of the Governor-General signified by a
Minister, the House shall not-
a. proceed upon any bill (including any amendment to a bill) that, in the
opinion of the person presiding, makes provision for any of the following
purposes:-
i) for the imposition of taxation or the alteration of taxation otherwise than
by reduction;
ii) for the imposition of any charge upon the Consolidated Fund or any other
public fund of Saint Vincent or the alteration of any such charge otherwise
than by reduction;
iii) for the payment, issue or withdrawal from the Consolidated Fund or any
other public fund of Saint Vincent of any monies not charged thereon or any
increase in the amount of such payment, issue or withdrawal; or
iv) for the composition or remission of any debt due to the Government; or
b. 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 those purposes.
Regulation of procedure in House.
45.(1) Subject to the provisions of this Constitution, the House may
regulate its own procedure and may in particular make rules for the orderly
conduct of its own proceedings.
(2) The House may act not withstanding any vacancy in its membership (including
any vacancy not lied when the House first meets after any general election) and
the presence or participation of any person not entitled to be present at or to
participate in the proceedings of the House shall not invalidate those
proceedings.
Freedom of speech.
46.Without prejudice to any provision made by Parliament relating to
the powers, privileges and immunities of the members and officers of the House
and of other persons concerned in the business of the House or its committees,
no civil or criminal proceedings may be instituted against any member of the
House for words spoken before, or written in a report to, the House or a
committee thereof or by reason of any matter or thing brought by him therein by
petition, bill, resolution, motion or otherwise.
PART 3
SUMMONING, PROROGATION AND DISSOLUTION
Sessions.
47.(1) Each session of Parliament shall be held at such place within
Saint Vincent and shall being at such time, not being later than six months
from the end of the preceding section if Parliament has been prorogued or one
month from the holding of a general election of Representatives if Parliament
has been dissolved, as the Governor-General shall appoint by Proclamation.
(2) a. if notice in writing is given to the Speaker signed by not less than
three Representatives, of a motion of no confidence in the Government the
Speaker shall-
i) if the House is then sitting or has been summoned to meet within five days,
cause the motion to be considered by the House within seven days of the notice;
or
ii) if the House is not then sitting and has not been so summoned (and
notwithstanding that Parliament may be prorogued) ammo the House to meet within
fourteen days of the notice and cause the motion to be considered at that
meeting:
Provided that if the House does not, within twenty-one days of the notice, meet
and dispose of the motion the Clerk of the House shall summon a special meeting
of the House at such time and place as he may specify for the purpose of
debating and disposing of the motion.
b. The provisions of paragraph (a.) of this subsection shall be without
prejudice to the power of the House to provided by its rules of procedure that
notice of a motion of no confidence in the Government may be given by any
member of the House or the power of the House to debate and dispose of such a
motion at any sitting of the House.
(3) Subject to the foregoing provisions of this section, the sitting of the
House shall be held at such time and place as the House may, by its rules of
procedure or otherwise, determine.
Prorogation and dissolution.
48.(1) The Governor-General may at any time prorogue or dissolve
Parliament.
(2) Subject to the provisions of subsection (3) of this section Parliament,
unless sooner dissolved, shall continue for five years from the date of the
first sitting of the House after any dissolution and shall then stand
dissolved.
(3) At any time when Saint Vincent is at war, Parliament may 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 Parliament shall not be extended under this
subsection for more than five years.
(4) Where a Parliament that has been dissolved is recalled under section 49(2)
of this Constitution, that Parliament shall, unless sooner dissolved, again
stand dissolved at the date appointed for the nomination for the nomination of
candidates in the next succeeding general election of Representatives.
(5) In the exercise of this power to dissolve Parliament, the Governor-General
shall act in accordance with the advice of the Prime Minister:
Provided that-
a. if the Prime Minister advises a dissolution and the Governor-General, acting
in his own deliberate judgment, considers that the government of Saint Vincent
can be carried on without a dissolution and that a dissolution would not be in
the interests of Saint Vincent, he may, acting in his own deliberate judgment,
refuse to dissolve Parliament;
b. if a resolution of no confidence in the Government is passed and the Prime
Minister does not within three days either resign or advise a dissolution, the
Governor-General, acting in his own deliberate judgment, may dissolve
Parliament; and
c. if the office of 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 appoint to that office a Representative
who can command the support of the majority of the Representatives, the
Governor-General shall dissolve Parliament.
Election to House of Assembly.
49. (1) Subject to the provisions of subsection (3) of this section a
general election of Representatives shall be held at such time within ninety
days after any dissolution of Parliament, or if the House has been dissolved by
reason of a vote of no confidence in the Government at such time within thirty
days after the dissolution, as the Governor-General may appoint.
(2) If, after a dissolution and before the date appointed for the nomination of
candidates in the next succeeding general election of representatives, the
Prime Minister advises the Governor-General that, owing to the existence of a
state of war or a state of emergency in Saint Vincent, it is necessary to
recall Parliament, the Governor-General shall summon the Parliament that has
been dissolved to meet, but subject to the provisions of subsection (3) of this
section, that general election shall proceed.
(3) The House of Parliament that has been recalled may, by a resolution
supported by the votes of not less than two-thirds of all the Representatives,
extend the period of ninety days specified in subsection (1) of this section
for not more than a further ninety days in respect of the next succeeding
general election, and on the passing of such a resolution any appointment
previously made with respect to the date on which that general election shall
be held or candidates therein shall be nominated shall cease to have effect.
(4) Where the seat of a member of the House falls vacant otherwise than by
reason of a dissolution of Parliament-
a. if the vacant seat is that of a Representative a by-election shall be held;
or
b. if the vacant seat is that of a Senator an appointment shall be made,
to fill the vacancy within ninety days of the occurrence of the vacancy unless
Parliament is sooner dissolved.
(5) Whenever it has been determined under section 36 of this Constitution that
the election of any person as a Representative is invalid the Governor-General
shall issue a writ for the election of a Representative to fill the vacancy
returnable within ninety days of the final decision of the High Court or, if
the determination was by the Court of Appeal, within ninety days of the
decision of the Court of Appeal.
CHAPTER IV
THE EXECUTIVE
Executive authority.
50. (1) The executive authority of Saint Vincent is vested in Her
Majesty.
(2) Subject to the provisions of this Constitution, the executive authority of
Saint Vincent 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 Parliament form conferring functions
on persons or authorities other than the Governor-General.
Ministers of the Government.
51. (1) There shall be a Prime Minister of Saint Vincent who shall be
appointed by the Governor-General.
(2) Whenever the Governor-General has occasion to appoint a Prime Minister he
shall appoint a Representative who appears to him likely to command the support
of the majority of the Representatives.
(3) There shall be, in addition to the office of Prime Minister, such officers of Minister of the Government as may be established by Parliament
or, subject to the provisions of any law enacted by Parliament, by the
Governor-General, casting in accordance with the advice of the Prime
Minister.
(4) Appointments to the office of Minister, other than the office of Prime
Minister, shall be made by the Governor-General, acting in accordance with the
advice of the Prime Minister, from among the members of the House:
Provided that not more than two Ministers shall be appointed from among the
Senators.
(5) If occasion arises for making an appointment to the office of Prime
Minister or any other Minister while Parliament is dissolved, then,
Notwithstanding the provisions of subsections (2) and (4) of this section a
person who was a Representative immediately before the dissolution may be
appointed Prime Minister and a person who was a Senator immediately before the
dissolution may be appointed as any Minister other than Prime Minster:
Provided that no more than two persons who were Senators may be Ministers.
(6) The Governor-General shall remove the Prime Minister from office if a
resolution of no confidence in the Government is passed by the House and the
Prime Minister does not within three days either resign from his office or
advise the Governor-General to dissolve Parliament.
(7) If, at any time between the holding of a general election of
Representatives and the first meeting of the House thereafter, the
Governor-General considers that in consequence of changes in the membership of
the House resulting from that election the Prime Minister will not be able to
command the support of the majority of the Representatives, the
Governor-General may remove the Prime Minster from office.
(8) The office of any Minister shall become vacant-
a. if the holder of the office ceases to be a member of the House otherwise
than by reason of the dissolution of Parliament;
b. in the case of the Prime Minister, if, when the House first meets after the
dissolution of Parliament, he is not Representative;
c. In the case of any other Minister, if when the House first meets after the
dissolution of Parliament, he is not then a member of the House; or
d. If, by virtue of section 29(4) of this Constitution, he is required to cease
to perform his functions as a member of the House.
(9) The office of a Minister other than the Prime Minister shall become
vacant-
a. if the Governor-General, acting in accordance with the advice of the Prime
Minister, so directs;
b. if the Prime Minister resigns from office within three days after a
resolution of no confidence in the Government has been passed by the House or
is removed from office under subsection (6) or (7) of this section; or
c. on the appointment of any person to the office of Prime Minister.
(10) In the exercise of the powers conferred upon him by subsections (2), and
(7) of this section the Governor-General shall act in his own deliberate
judgment.
Cabinet of Ministers.
52. (1) There shall be a Cabinet of Ministers for Saint Vincent which
shall consist of the Prime Minister and the other Ministers.
(2) At any time when the office of Attorney-General is a public office the
Attorney-General shall, by virtue of holding or acting in that office, be a
member of the Cabinet in addition to the Ministers.
(3) The functions of the Cabinet shall be to advice the Governor-General in the
government of Saint Vincent and the Cabinet shall be collectively responsible
to the House for a ny 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.
(4) The provisions of subsection (3) of this section shall not apply in
relation to-
a. the appointment and removal from office of Ministers, and Parliamentary
Secretaries, the assignment of responsibility to any Ministers under section 53
of this Constitution or the authorization of another Minister to perform the
functions of the Prime Minister during absence or illness;
b. the dissolution of Parliament; or
c. the matter referred to in section 65 of this Constitution (which relate to
the prerogative of mercy).
Allocation of portfolios to Ministers.
53. The Governor-General, acting in accordance with the advice of the
Prime Minister, may by direction 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.
Performance of functions of Prime Minister during absence or illness.
54. (1) Whenever the Prime Minister is absent from Saint Vincent or by
reason of illness is unable to perform the functions conferred upon him by this
Constitution, the Governor-General may authorize some other Minister to perform
those functions (other than the functions conferred by this section) and that
Minister may perform those functions until his authority is revoked by the
Governor-General.
(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
owning to his absence or illness he may exercise those powers without that
advice and in his own deliberate judgment.
Exercise of Governor-General's functions.
55. (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 any
person or authority other than the Cabinet:
Provided that the foregoing provisions of this subsection shall not where the Governor-General is authorized to act in his own deliberate judgment
in accordance with the following provisions of this Constitution-
a. section 32 (which relates to the Constituency Boundaries Commission)
b. sections 51 and 54 (which relate to Ministers);
c. section 59 (which relates to the Leader of the Opposition);
d. section 78 (which relates to the appointment, etc, of public officers);
and
e. section 86 (which relates to the Public Service Board of Appeal).
(2) During any period in which there is a vacancy in the office of Leader of
the Opposition by reason of the fact that no person is both qualified for
appointment to that office in accordance with this Constitution and willing to
accept appointment, or if the Governor-General, acting in his own deliberate
judgment, considers that it is not practicable for him to obtain the advice of
the Leader of the Opposition witting the time within which it may be necessary
for him to act, he may act without that advice and in his own deliberate
judgment in the exercise of any power conferred upon him by this Constitution
in respect of which it is provided that he shall act on the advice of, or after
consultation with, the Leader of the Opposition.
(3) Nothing in subsection (1) of this section shall require the
Governor-General to act in accordance with the advice of the Cabinet or a
Minister in exercise of the functions conferred upon him by the following
provisions of this Constitution_
a. the proviso to section 48(5)(which requires the Governor-General to dissolve
Parliament in certain circumstances);
b. section 51(6) (which requires the Governor-General to remove the Prime
Minister from office in certain circumstances);
c. section 56 (which entitles the Governor-General to information);
d. section 32(5), 59(5), 77(6), 81(7), 82(7) and 86(5) (which require the
Governor-General to remove the holders of certain offices from office in
certain circumstances).
Governor-General to be informed concerning matters of government.
56. The Prime Minister shall keep the Governor-General fully informed
concerning the general conduct of the government of Saint Vincent and shall
furnish the Governor-General with such information as he may request with
respect to any particular matter relating to the government of Saint Vincent.
Parliamentary Secretaries.
57. (1) The Governor-General, acting in accordance with the advice of
the Prime Minister, may appoint Parliamentary Secretary from among the members
of the House to assist Ministers in the performance of their duties:
Provided that, if occasion arises for making an appointment while Parliament is
dissolved, a person who was a Representative or a Senator immediately before
the dissolution may be appointed as a Parliamentary Secretary.
(2) The office of a Parliamentary Secretary shall become vacant-
a. if the Governor-General, acting in accordance with the advice of the Prime
Minister, so directs;
b. if the Prime Minister resigns from office within three days after a
resolution of no confidence in the Government has been passed by the House or
is removed from office under section 51(6) of this Constitution;
c. upon the appointment of any person to the office of Prime Minister;
d. if the holder of the office ceases to be a member of the House otherwise
than by reason of a dissolution of Parliament;
e. if, when the House first meets after the dissolution of Parliament, he is
not then a member of the House; or
f. if, by virtue of section 29(4) of this Constitution, he is required to cease
to perform his functions as a member of the House.
Oaths to be taken by Ministers, etc.
58. A Minister or a Parliamentary Secretary shall not enter upon the
duties of this office unless he has taken and subscribed the oath of
allegiance, the oath of office and the oath of secrecy.
Leader of the Opposition.
59. (1) There shall (except at time when there are no Representatives
who do not support the Government) be a Leader of the Opposition who shall be
appointed by y the Governor-General.
(2) Whenever there is occasion for the appointment of a Leader of the
Opposition the Governor-General shall appoint the Representative who appears to
him most likely to command the support of a majority of the Representatives who
do not support the Government: or, if no Representatives appears to him to
command such support or the largest single group of Representatives who do not
support the Government:
Provided that-
a. if there are two or more Representatives who do not support the Government
but none of them commands the support of the other or others, the
Governor-General may, acting in his own deliberate judgment, appoint any one of
them as Leader of the Opposition, and
b. in the exercise of his judgment the Governor-General shall be guided by the
seniority of each based on his length of service as a Representative, by the
number of votes cast in favor of each at the last election of Representatives
or by both such seniority and such number of votes.
(3) If occasion arises to appoint a Leader of the Opposition during the period
between a dissolution of Parliament and the day on which the ensuing election
of Representatives is held, and appointment may be made as if Parliament had
not been dissolved.
(4) The office of Leader of the Opposition shall become vacant-
a. if he ceases to be a member of the House otherwise than by reason of a
dissolution of Parliament;
b. if when the House first meets after a dissolution of Parliament, he is not
then a member of the House;
c. if, under the provisions of section 29(4) of this Constitution, he is
required to cease to perform his functions as a member of the House; or
d. if he is removed from office by the Governor-General under the Provision 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 Representatives who
do not support the Government or (if no Representative appears to him to be
able to command such support) the support of the largest single group of
Representatives who do not support the Government, he shall remove the Leader
of the Opposition from office.
(6) The Powers of the Governor-General under this section shall be exercised by
him in his own deliberate judgment.
Parliament secretaries.
60. Where any Minister has been charged with responsibility for any
department of government, he shall exercise general direction and control over
that department; and subject to such direction and control, 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.
Secretary to the Cabinet.
61. (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
ministers 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.
Constitution of offices etc.
62. Subject to the provisions of this Constitution and of any other law,
the Governor-General may constitute offices for Saint Vincent, make
appointments to any such office and terminate any such appointment.
Attorney-General.
63. (1) There shall be an Attorney-General who shall be the Principal
legal advisor tot he Government.
(2) The Office of Attorney-General shall be either a public office or the
office of a Minister.
(3) No person shall be qualified to hold the office of Attorney-General unless
he holds one of the specified qualifications.
(4) At any time when the office of Attorney-General is a public office the same
person may, if qualified, be appointed to hold or act in the office of
Attorney-General and the office of Director of Public Prosecutions.
(5) Where the offices of Attorney-General and Director of Public Prosecutions
are held by the same person the following provisions of this Constitution shall
have effect as if references therein to the Director included references to the
Attorney-General, that is to say, sections 73,81(6), (7), (8) and (9) 89(3) and
105(8)(a.); but the provisions of this subsection shall be without prejudice to
the powers of Parliament or subject to the provisions of any law enacted by
Parliament, the Governor-General to determine that the office of
Attorney-General shall be the office of a Minister.
Control of public prosecutions.
64. (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-
a. 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;
b. to take over and continue any such criminal proceedings that have been
instituted or undertaken by any other person or authority; and
c. 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 subsections (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) In the exercise of the powers vested in him by subsection (2) of this
section and section 42 of this Constitution, the Director of Public
Prosecutions shall not be subject to the direction or control of any other
person or authority.
Prerogative of mercy.
65. (1) The Governor-General may-
a. grant a pardon, either free or subject to lawful conditions, to any person
convicted of any offence;
b. 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;
c. substitute a less severe form of punishment for any punishment imposed on
any person for any offence; or
d. 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 such Minister as may
from time to time be designated by the Governor-General acting in accordance
with the advice of the Prime Minister.
Advisory Committee on Prerogative of Mercy.
66. (1) There shall be an Advisory Committee on the Prerogative of Mercy
for Saint Vincent (hereinafter in this section referred to as the Committee)
which shall consist of-
a. the Minister for the time being designate under section 65(2) of this
Constitution, who shall be chairman;
b. the Attorney-General; and
c. not less than three nor more than four other members appointed by the
Governor-General by writing under his hand, of whom at least one shall be a
Minister and at least one shall be a person entitled to practice in Saint
Vincent as a medical practitioner.
(2) A member of the Committee appointed under subsection (1) (c.) of this
section shall hold his seat thereon for such period as may be specified in the
instrument by which he was appointed;
Provided that his seat shall become vacant-
a. in the case of a person who at the date of his appointment was a Minister,
if he ceases to be a Minister; or
b. in the case of a person who at the date of his appointment, was entitled to
practice in Saint Vincent as a medical practitioner, if he ceases to be so
entitled; or
c. if the Governor-General, by writing under his hand, so directs.
(3) The Committee may act notwithstanding any vacancy in its membership or the
absence of any member and its proceedings shall not be invalidated by the
presence or participation of any person not entitled to be present at or to
participate in those proceedings.
(4) The Committee may regulate its own procedure.
(5) In the exercise of his functions under this section, the Governor-General
shall act in accordance with the advice of the Prime Minister.
Functions of Advisory Committee.
67.(1) where any person has been sentenced to death (otherwise than by
a court-martial) for an offence, the Minister for the time being designated
under section 65(2) of this Constitution 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 Advisory Committee on the Prerogative of
Mercy; and after obtaining the advise of the Committee he shall decide in his
own deliberate judgment whether to advise the Governor-General to exercise any
of his powers under section 65(1) of this Constitution.
(2) The Minister for the time being designated under section 65(2) of this
Constitution may consult with the Advisory Committee on the Prerogative of
Mercy before tendering any advice to the Governor-General under that subsection
in any case not falling witting subsection(1) of this section but he shall not
be obliged to act in accordance with the recommendation of the Committee.
CHAPTER V
FINANCE
Consolidated Fund.
68.All revenues or other moneys raised or received by Saint Vincent
(not being revenues or other moneys that are payable, by or under any law for
the time being in force in Saint Vincent, into some other fund established for
a specific purpose) shall be paid into and form a Consolidated Fund.
Withdrawals from Consolidated Fund or other public funds.
69. (1) No moneys shall be withdrawn from the Consolidated Fund
except-
a. to meet expenditure that is charged upon the Fund by this Constitution or by
any law enacted by Parliament; or
b. where the issue of those money has been authorized by an appropriation law
or by a law made in pursuance of sections 71 of this Constitution.
(2) Where any moneys are charged by this Constitution or any law enacted by
Parliament upon the Consolidated Fun or any other public fund, they shall be
paid out of that fund by the Government to the person or authority to whom
payment is due.
(3) No moneys shall be withdrawn from any public fund other than the
Consolidated Fund unless the issue of those moneys has been authorized by or
under any law.
(4) There shall be such provisions as may be made by Parliament prescribing the
manner in which withdrawals may be made from the Consolidated Fund or any other
public fund.
(5) The investment of a moneys forming part of the Consolidated Fund shall be
made in such manner as may be prescribed by or under a law enacted by
Parliament.
(6) Notwithstanding the provisions of subsection (1) of this section provisions
may be made by or under a law enacted by Parliament authorizing withdrawals to
be made from the Consolidated Fund, in such circumstances and to such extent as
may be prescribed by or under a law enacted by Parliament, for the purpose of
making repayable advances,
Authorization of expenditure from Consolidated Fund by appropriation
law.
70. (1) The Minister for the time being responsible for finance shall
cause to be prepared as laid before the House before, or not later than thirty
days after, the commencement of each financial years estimates of the revenues
and expenditure of Saint Vincent for that financial year.
(2) When the estimates of expenditure (other than expenditure charged upon the
Consolidated Fund by this Constitution or by any law enacted by Parliament)
have been approved by the House, a bill, known as an appropriation bill, shall
be introduced in the House, providing for the issue from the Consolidated Fund
of the sums, under separate votes for the several services required, to the
purposes specified therein.
(3) If in respect of any financial year it is found-
a. that the amount appropriated by the appropriation law to any purpose is
insufficient or that a need has arisen for expenditure for a purpose to which
no amount has been appropriated by that law,
a supplementary estimate showing the sums required or spent shall be laid
before the House and, when the supplementary estimate has been approved by the
House, a supplementary appropriation bill shall be introduced in the House
providing for the issue of such sums from the consolidated Fund and
appropriating them to the purposes specified therein.
Authorization of expenditure in advance of appropriation.
71. There shall be such provisions as may be made by Parliament 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 for the
time being responsible for finance may authorize the withdrawal of moneys from
the Consolidated 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 law,
whichever is the earlier.
Contingencies Fund.
72. (1) There shall be such provisions as may be made by Parliament for
the establishment of a Contingencies Fund and for authorizing the Minister for
the time being 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 that Fund to meet that need.
(2) Where any advance is made from the Contingencies Fund, a supplementary
estimate shall as soon as possible be laid before the House and when the
supplementary estimate has been approved by the House, a supplementary
appropriation bill shall be introduced as soon as possible in the House for the
purpose of replacing the amount so advanced.
Remuneration of certain officers.
73. (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 Parliament.
(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
charged on the Consolidated 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 be 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 other for
which he might have opted.
(5) This section applies to the offices of the Governor-General, member of the
Public Service Commission, member of the Police Service Commission, member of
the Public Service Board of Appeal the Direction or Public Prosecutions and the
Director or Audit.
(6) Nothing in this section shall be construed as prejudicing the provisions of
section 88 of this Constitution (which protects pensions rights in respect of
service as a public officer).
Public debt.
74.(1) All debt charges for which Saint Vincent is liable shall be a
charge on the Consolidated Fund.
(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 Fund
and the service and redemption of the debt created thereby.
Audit of public accounts, etc.
75. (1) There shall be a Director of Audit whose office shall be a
public office.
(2) The Director of Audit shall-
a. satisfy himself that all money that have been appropriated by Parliament 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
b. at least once in every year audit and report on the public accounts of Saint
Vincent, the accounts of all officers and authorities of the Government, the
accounts of all courts of law in Saint Vincent (including any accounts of the
Supreme Court maintained in Saint Vincent), the accounts of every Commission
established by this Constitution and the accounts of the Clerk of the House.
(3) The Director of Audit and any officer authorized by him shall have access
to all books, records, returns, reports as other documents which in his opinion
relate to any of the accounts referred to in subsection (2) of this section.
(4) The Director of Audit shall submit every report made by him in pursuance of
subsection (2) of this section to the Minister for the time being responsible
for finance who shall, nor later than seven days after the House 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 Director of Audit shall
transmit copies of that report to the Speaker who shall as soon as
practicable,present them to the House.
(6) The Director of Audit 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 Parliament.
(7) In the exercise of this functions under subsections (2),(3),(4) and(5) of
this section, the Director of Audit shall not be subject to the direction or
control of any other person or authority.
Public Accounts Committee.
76.The House shall, at the commencement of each session, appoint a
Public Accounts Committee from among its members, whose duties shall be to
consider the accounts referred to in section 75(2) of this Constitution in
conjunction with the report of the Director of Audit and in particular to
report to the House-
a. in the case of any excess or unauthorized expenditure of public funds, the
reason for such expenditure; and
b. any measures it considers necessary in order to ensure that public funds are
properly spent.
and such other duties relating to public accounts as the House may from time to
time direct.
CHAPTER VI
THE PUBLIC SERVICE
PART 1
THE PUBLIC SERVICE COMMISSION
Public Service Commission.
77. (1) There shall be a Public Service Commission for Saint Vincent
(hereinafter in this section referred to as the commission) which shall consist
or-
a. a chairman appointed by the Governor-General, acting in accordance with the
advice of the Prime Minister;
b. one member appointed by the Governor-General, acting in accordance with the
advice of the Prime Minister; and
c. not less than one nor more than three other members appointed by the
Governor-General, acting in accordance with the advice of the Prime Minister;
Provided that that Prime Minister shall-
i) consult the Civil Service Association (or, if that association ceases to
exist, such body or bodies representing the interest of public officers as he
may determine) before tendering any advice to the Governor-General for the
purposes of paragraph (b.) of this subsection; and
ii) consult the Leader of the Opposition before tendering any advice to the
Governor-General for the Purposes of paragraph (c.) of this subsection.
(2) A person not be qualified to be appointed as a member of the Commission
if-
a. he is, or has at any time during the period of five years immediately
preceding his appointer been a member of the House or nominated for election as
a Representative;
b. he is, or has at any time furring that period been, the holder of an office
in any political organization that sponsors or otherwise supports, or that has
at any time sponsored or otherwise supported, a candidate for election as a
Representative or a member of any local government authority; or
c. he is, or has at any time during the three years preceding his appointment
been, a judge of the Supreme Court or a public officer.
(3) A member of the Commission shall not, within the period of three years
commencing with the day on which he last held or acted in the office of member
of the Commission, be eligible for appointment to or to act in any public
office.
(4) Subject to the provisions of this section, the office of a member of the
Commission shall become vacant-
a. at the expiration of two years from the date of his appointment; or
b. if any circumstances arise that, if he were not a member of the Commission,
would cause him to be disqualified to be appointed as such under subsection (2)
of this section.
(5) A member of the Commission may be removed from office only for inability to
exercise the functions of his office (whether arising from infirmity of body or
mind or any other cause) or for misbehavior and shall both be so removed except
in accordance with the provision of this section.
(6) A member of the Commission shall be removed from office by the
Governor-General if the question of his removal from office has been referred
to a tribunal appointed under subsection (7) of this section and the tribunal
has recommended to the Governor-General that he ought to be removed from office
for inability as aforesaid or for misbehavior.
(7) 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
investigate then-
a. the Governor-general shall appoint a tribunal which shall consist of a
chairman as not less than two other members, selected by the Chief Justice from
among persons who hold or have held office as a 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 such a court; and
b. the tribunal shall enquire into the matter and report on the facts thereof
to the Governor-General and recommend to him whether the member ought to be
removed under this section.
(8) If the question of removing a member of the Commission has been referred to
a tribunal under this section, the Governor-General, acting in accordance with
the advice of the Prime Minister, may suspend that member from the exercise of
the functions of his office and any such suspensions may at any time be revoked
by the Governor-General, acting in accordance with such advice as aforesaid,
and shall in any case cease t have effect if the tribunal recommends to the
Governor-General that member should not be removed.
(9) If the office of chairman of the Commission if vacant or if the holder of
that office is for any reason unable to exercise the functions of this 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 such other member of
the Commission as may for the time being be designated by the Governor-General,
acting in accordance with the advice of the Prime Minister.
(10) If at any time there are less than two members of the Commission beside
the chairman or if any such member is acting as chairman or is for any reason
unable to exercise the functions of his office, the Governor-General, acting in
accordance with the advice of the Prime Minister, may appoint a person who is
qualified to be appointed as a member of the Commission to act as a member, and
any person so appointed shall, subject to the provisions of subsection (4) of
this section, constitute to act until the office in which he is acting has been
fulled or, as the case may be, until the holder thereof has resumed his
functions or until his appointment to act has been revoked by the
Governor-General, acting in accordance with the advice of the Prime Minister.
(11) A member of the Commission shall not enter upon the duties of his office
until he has taken and subscribed the oath of allegiance an the Oath of
office.
(12) 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.
(13) The Commission may by regulation or otherwise regulate its own procedure
and, with the consent of the Prime Minister, may confer powers or impose duties
on any public officer or on any authority of the Government for the purpose of
the exercise of its functions.
(14) The Commission may, subject to its rules of procedure, act notwithstanding
any vacancy in its membership or the absence of any member and its proceedings
shall not be invalidated by the presence or participation of any person not
entitled to be present at or to participate in those proceedings:
Provided that any decision of the Commission shall require the concurrence of a
majority or all its members.
Appointment, etc, of public officers.
78. (1) The power to appoint persons to hold or act in offices in the
public service (including the power to confirm appointments), and subject to
the provisions of section 87 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 Service
Commission.
(2) The Public Service 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.
(3) The provisions of this section shall no apply in relation to the following
offices, that is to say-
a. any office to which section 79 of this Constitution applies;
b. the office of Attorney-General;
c. the office of Director of Public Prosecutions;
d. the office of Director of Audit;
e. any office to which section 83 of this Constitution applies: or
f. any office in the Police Force.
(4) No person shall be appointed under this section to, or to act in, any
office on the Governor-General's personal staff except eith the concurrence of
the Governor-General, acting in his own deliberate judgment.
(5) Before any of the powers conferred by this section are exercised by the
Public Service Commission or any other person or authority in relation to the
Clerk of the House or a member of his staff, the Commission or that person or
authority shall consult with the Speaker.
(6) Before the Public Service Commission or any other person exercises any
power under this section to appoint to, or to act in, any public office any
person who holds or is acting in any office the power to make appointments to
which is vested by this Constitution in the Governor-General acting in
accordance with the advice of the Judicial and Legal Services Commission, the
Public Service Commission or that person shall consult with the Judicial and
Legal Services Commission.
(7) 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 Commission concurs therein.
PART 2
APPOINTMENTS, ETC., TO PARTICULAR OFFICES
Appointment, etc., permanent secretaries and certain other officers.
79.(1) This section applies to the offices of Secretary to the Cabinet,
permanent secretary, head of a department of government, deputy he as of a
department of government,any office of a chief professional adviser to a
department of government and any office for the time being designated by the
Commission, after consultation with the Prime Minister, as an office the
holders of which are required to reside outside Saint Vincent for the proper
discharge of the functions or as an office in Saint Vincent whose function
related to external affairs.
(2) The power to appoint persons to hold or to act in offices to which this
section applies (including the power to confirm appointments),and, subject to
the provisions of section 87 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 Governor-General,
acting in accordance whit the advice of the Public Service Commission:
Provided that-
a. the power to appoint a person to hold or act in an office of a permanent
secretary on transfer from another such office carrying the same salary shall
vest in the Governor-General, acting in accordance with the advice of the Prime
Minister;
b. before the Public Service Commission tenders advice to the Governor_General
with this section applies (other than an appointment to an office of permanent
secretary on transfer form another such office carrying the same salary) it
shall consult with the Prime Minister signifies his objection to the
appointment of any person to the office, the Commission shall not advise the
Governor-general to appoint that person;
c. in relation to any office of Ambassador, High Commissioner or other
principal representative or Saint Vincent in any other country or accredited to
any international organization the Governor-General shall act in accordance
with the advice of the Prime Minister, who shall, before tendering any such
advice in respect of any person who holds any public office to which
appointments are made by the Governor-General on the advice of or after
consultation with some other person or authority, consult that person or
authority.
(3) References in this section to a department of government shall not include
the office of the Governor-General, the department of the Attorney-general, the
department of the Director of Public Prosecutions, the department of the
Director of Audit, the department of the Clerk of the House or the Police
Force.
Attorney General when a public officer.
80. (1) The power to appoint a person to hold or act in the office of
Attorney-General at any time when it is a public office and, subject to the
provisions of section 63(5) of this Constitution, the power to remove the
Attorney-General from office at any such time shall vest in the
Governor-General, acting in accordance with the advice of the Judicial and
Legal Services Commission.
(2) Before tendering advice with respect to the appointment of any person to a
hold or actin in the office of Attorney-General the Judicial and Legal Services
Commission shall consult with the Prime Minister.
Director of Public Prosecutions.
81. (1) The Director of Public Prosecutions shall be appointed by the
Governor-General, acting in accordance with the advice of the Judicial and
Legal Service Commission.
(2) If the office of Director of Public Prosecutions is vacant of 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
Judicial and Legal Services Commission, may appoint a person to act as
Director.
(3) A person shall not be qualified to be appointed to hold the office of
Director of Public Prosecutions unless he holds one of specified qualifications
and has held one or other of those qualifications for a total period of not
less than five years.
(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-
a. when 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
b. at such earlier time as may be prescribed by the terms of his appointment.
(5) Subject to the provisions of subsection (7) of this section, the Director
of Public Prosecutions shall vacate his office when he attains the prescribed
age.
(6) A person holding the office of Director of Public Prosecutions may be
removed from office only for inability to exercise the functions of his office
(whether arising from infirmity of body or mind or any other cause) or for
misbehavior 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 been referred to a
tribunal appointed under subsection (8) of this section and the tribunal has
recommended to the Governor-General that he ought to be removed for inability
as aforesaid or for misbehavior.
(8) If the Prime Minister or the chairmen of the Judicial and Legal Services
Commission represents to the Governor-General that he ought to be investigated,
then-
a. the Governor-General shall appoint a tribunal which shall consist of a
chairman and not less than two other members, selected by the Chief Justice
from among persons who hold or have held office as a 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 such a court; and
b. the tribunal shall enquire into the matter and report on the facts thereof
tho the Governor-General and recommend to him whether the Director ought to be
removed under this section.
(9) If the question of removing the Director of Public Prosecutions has been
referred to a tribunal under this section, the Governor-General, acting in
accordance with the advice of the Judicial and Legal Services Commission, may
suspend the Director from the exercise of the functions of his office and any
such suspension may at any time be revoked by the Governor -General acting in
accordance with such advice as aforesaid, and shall in any case cease to have
effect if the tribunal recommends to the Governor-General that the Director
Should not be removed.
(10) The prescribed age for the purposes of subsection (5) of this section is
the age of fifty-five years or such other age as may be prescribed by
Parliament:
provided that any law enacted by Parliament, to the extend 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.
Director of Audit.
82. (1) The Director of Audit shall be appointed by the
Governor-General, acting accordance with the advice of the Public Service
Commission.
(2) If the office of Director of Audit is vacant or if the holder of that
office id for any reason unable to exercise the functions of his office, the
Governor-General, acting in accordance with the advice of the Public Service
Commission, may appoint a person to act as Director.
(3) Before tendering advice for the purposes of subsection (1) or subsection
(2) of this section, the Public Service Commission shall consult with the Prime
Minister.
(4) A person appointed to act in the office of Director of Audit shall, subject
to the provisions of subsection (5), (7), (8) and (9) of this section case to
act-
a. when 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
b. at such earlier time as may be prescribed by the terms of his appointment.
(5) Subject to the provisions of subsections (7) of this section the Director
of Audit shall vacate his office when he attains the prescribed age.
(6) A person holding the office of Director of Audit may be removed from office
only for inability to exercise the functions of his office (whether arising
from infirmity of body or mind or any other cause) or for misbehavior and shall
not be so removed except in accordance with the provisions of this section.
(7) The Director of Audit shall be removed form office by the Governor-General
of the question of his removal from office has been referred to a tribunal
appointed under subsection (8) of this section and the tribunal has recommended
to the Governor-General that he ought to be removed for inability as aforesaid
or for misbehavior.
(8) If the Prime Minister or the chairman of the Public Service Commission
represents to the Governor-General that the section and the tribunal has
recommended to the Governor-General that the question of removing the Director
of Audit under this section ought to be investigate-
a. the Governor-General shall appoint a tribunal which shall consist of a
chairman and not less than two other members selected by the Chief Justice from
among persons who hold or have held office as a 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 such a court; and
b. the tribunal shall enquire into the matter and report on the facts thereof
to the Governor-General and recommend to him whether the Director ought to be
removed under this section.
(9) If the question of removing the Director of Audit has been referred to a
tribunal under this section, the Governor-General, acting in accordance with
the advice of the Public Service Commission, may suspend the Director of Audit
from the exercise of the functions of his office and any such suspension may at
any time be revoked by the Governor-General acting in accordance with such
advice as aforesaid, and shall in any case cease to have effect if the tribunal
recommends to the Governor-General that the Director should not be removed.
(10) The prescribed age for the purposes of subsection (5) of this sections the
age of fifty-five or such other age as may be prescribed by Parliament:
Provided that any law enacted by Parliament, to the extent to which it alters
the prescribed age after a person has been appointed to be or to act as
Director of Audit,shall not have effect in relation to that person unless he
consents that it should have effect.
Appointment, etc.,of magistrates registrars and legal officers.
83. (1) This section applies to the offices of magistrate, registrar of
the High Court and assistant registrar of the High Court and to any public
office in the department of the Attorney-General (other than the public office
of Attorney-General) of the department of the Director of Public Prosecutions(
other than the office of Director) for appointment to which persons are
required to hold one or other of the specified qualifications.
(2) The power to appoint persons to hold or act in offices to which this
section applies (including the power to confirm appointments) and, subject to
the provisions of section 87 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 Governor-General,
acting in accordance with the advice of the Judicial and Legal Services
Commission.
PART 3
THE POLICE
Police Service Commission.
84. (1) There shall be a Police Service Commission for Saint Vincent
which shall consist of-
a. the chairman of the Public Service Commission;
b. one member appointed by the Governor-General, acting in accordance with the
advice of the Prime Minister tendered after the Prime Minister has consulted
the Saint Vincent Police Welfare Association (or, of that association ceases to
exist such, body representing the interests of police officers as the Prime
Minister may determine); and
c. the member or members of the Public Service Commission appointed under
paragraph (c.) of section 77(1) of this Constitution.
(2) The Provision of subsections (2) to (8) (inclusive) and (11)of section 77
of this Constitution shall apply in relation to the member of the Police
Service Commission referred to in paragraph (b.) of subsection (1) of this
section as they apply in relation to a member of the Public Service
Commission.
(3) The member of the Public Service Commission for the time being performing
the functions of the chairman of that Commission shall perform the functions of
the chairman of the Police Service Commission.
(4) Any person for the time being authorized to act as a member of the Public
Service Commission under section 77(10) of this Constitution (other than a
person so authorized on account o the inability of the member of the Commission
appointed under section 77(1)(b.) of this Constitution) shall act as a member
of the Police Service Commission.
(5) If at any time the member of the Commission appointed under paragraph (b.)
of subsection (1) of this section is for any reason unable to exercise the
functions of his office, the Governor-General, acting in accordance with the
advice of the Prime Minister, may appoint a person who is qualified to be
appointed as a member of the Commission to act as a member, and any person so
appointed shall subject to the provisions of subsection (2) of this section,
continue to act until the holder of the office has resumed his function or
until his appointment to act has been revoked by the Governor-General, acting
in accordance with the advice of the Prime Minister.
(6) The Commission shall, in the exercise of its functions under his
Constitution, not be subject to the direction or control of any other person or
authority.
(7) The Commission may by regulation or otherwise regulate its own procedure
and, with the consent of the Prime Minister, may confer powers or impose duties
on any public officer or on any authority of the Government for the purpose of
the exercise of its functions.
(8) The Commission may, subject to its rules of procedure, act notwithstanding
any vacancy in its membership or the absence of any member and its proceedings
shall not be invalidated by the presence or participation of any person not
entitled to be present at or to participate in those proceedings;
provided that any decision of the Commission shall required the concurrence of
a majority of all its members.
Police Force.
85.(1) The power to appoint a person to hold or act in the office of
Commissioner of Police or Deputy Commissioner of Police and , subject to the
provisions of section 87 of this Constitution, the Power to remove the
Commissioner or Deputy Commissioner form office shall vest in the
Governor-General, acting in accordance with the advice of the Police Service
Commission:
Provided that before the Commission tenders advice to the Governor-general with
respect to the appointment of any person to hold the office of Commissioner or
Deputy Commissioner the Commission shall consult the appointment of any person
to the office the Commission shall not advice the Governor-General to appoint
that person.
(2) The power to appoint persons to hold or act in offices in the Police Force
below the rank of Deputy Commissioner of Police but above the rank of Sergeant
(including the power to confirm appointments), and, subject to the provisions
of section 87 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 Police Service Commission.
(3) The power to appoint persons to hold of act in offices in the Police Force
of below the rank of Sergeant (including the power to confirm appointments),
and, subject to the provisions of section 87 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 Commissioner
of Police.
(4) The Commissioner of Police may, by directions given in such manner as he
thinks fit and subject to such conditions as he thinks fit, delegate any of his
powers under subsection (3) of this section other than the power to remove from
office or reduce in rank, to any other member of the Police Force.
(5) A police 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 any judicial function conferred on him unless the Judicial
and Legal Services Commission concurs therein.
(6) In this section references to the rank of Sergeant shall, if the ranks
within the Police Force are altered (whether in consequence of the
reorganization or replacement of an existing part of the Force or the creation
of an additional part), be construed as references to such rank or ranks as may
be specified by the Police Service Commission by order published in the
Official Gazette, being a rank or ranks that in the opinion of the Commission
most nearly correspond to the rank of Sergeant as it existed before the
alteration.
PART 4
THE PUBLIC SERVICE BOARD OF APPEAL
Public Service Board of Appeal.
86. (1) There shall be a Public Service Board of Appeal for Saint
Vincent (hereinafter in this section and in section 87 of this Constitution
referred to as the Board) which shall consist of-
a. one member appointed by the Governor-General, acting in his own deliberate
judgment, who shall be chairmen;
b. one member appointed by the Governor-General, acting in his own deliberate
judgment, who shall be chairman;
c. one member appointed by the Governor-General,acting in accordance with the
advice of the Civil Service Association (or such other body as may be
determined under paragraph (i) of the proviso to section 77(1) of this
Constitution), and
d. one member appointed by the Governor-General, acting in accordance with the
advice of the Saint Vincent Police Welfare Association (or such other body as
may be determined under paragraph (b.) of the proviso to section 84(1) of this
Constitution).
(2) A person shall not be qualified to be appointed as a member of the Board
if-
a. he is, or has at any time during the period of five years immediately
preceding his appointment been, a member of the House;
b. he is or has at any time during that period been, nominated as a candidate
for election as a Representative; or
c. he is, or has at any time during that period been, the holder of an office
in any political organization that sponsors or otherwise supports, or that has
at any time sponsored or otherwise supported, a candidate for election as a
Representative or a member of any local government authority.
(3) Subject to the provisions of this section, the office of a member of the
Board shall become vacant-
a. at the expiration of two years from the date of his appointment; or
b. if any circumstances arise that, if the were not a member of the Board,
would cause him to be disqualified to be appointed as such under subsection (2)
of this section.
(4) A member of the Board may be removed from office only for inability to
exercise the functions of his office (whether arising from infirmity of body or
mind or any other cause) or for misbehavior and shall not be so removed except
in accordance with the provisions of this section.
(5) A member of the Board shall be removed from office by the Governor-General
if the question of his removal from office has been referred to a tribunal
appointed under subsection (6) of this section and the tribunal has recommended
to the Governor-General that he ought to be removed from office for inability
as aforesaid or for misbehavior.
(6) If the Governor-General considers that the Question of removing a member of
the Board under this section ought to be investigated, then-
a. the Governor-General shall appoint a tribunal which shall consist of a
chairman and not less than two other members, selected by the Chief Justice
from among persons who hold or have held office as a judge of a court having
unlimited jurisdiction in civil and criminal matters in some part of the
Commonwealth or of a court having jurisdiction in appeals from such a court;
and
b. the tribunal shall enquire into the matter and report on the facts thereof
to the Governor-General and recommend to him whether the member ought to be
removed under this section.
(7) If the question of removing a member of the Board has been referred to a
tribunal under this section, the Governor-General may suspend that member from
the exercise of 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 tribunal recommends to the Governor-General that member should
not be removed.
(8) If at any time any member of the Board is for any reason unable to exercise
the functions of his office, the Governor-General may appoint a person who is
qualified to be appointed as a member of the Board to act as a member, and any
person so appointed shall, subject to the provisions of subsection (3) of this
section, continue to act until the holder thereof has resumed his functions or
until his appointment to act has been revoked by the Governor-General.
(9) In the exercise of the powers conferred upon him by subsections (6),(7) and
(8) of this section the Governor-General shall, in the case of a member of the
Board appointed under paragraph (b.) of subsection (1) of this section, act in
accordance with the advice of the Prime Minister and shall in any other case
act in his own deliberate judgment.
(10) The Board shall in the exercise of its functions under this Constitution,
not be subject to the direction or control of ny other person or authority.
Appeals in discipline cases.
87. (1) This section applies to-
a. any decision of the Governor-General, acting in accordance with the advice
of the public Service Commission, or any decision of the Public Service
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 section
78(2) of this Constitution):
b. any decision of any person to whom powers are delegated under section 78 (2)
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 confirmation by the Public Service Commission);
c. any decision of the Public Service Commission to give such concurrence as is
required by section 89(1) or (2) of this Constitution in relation to the
refusal, withholding, reduction in amount or suspending of any pensions
benefits in respect of an officer's service as a public officer; or
d. any decision of the Governor-General, acting in accordance with the advice
of the Police Service Commission, to remove the Commissioner of Police or the
Deputy Commissioner of Police from office or any decision of the Police Service
Commission to remove a member of the Police Force from office or to exercise
disciplinary control over such a member under section 85(2) of this
Constitution.
e. if it is so provided by Parliament, any decision of the Commissioner of
Police under subsection (3) of section 85 of this Constitution, or of a person
to whom powers are delegated under subsection(4) of that section, to remove a
police officer from office or to exercise disciplinary control over a police
officer;
f. such decisions with respect to the discipline of any military, naval or air
force of Saint Vincent as may be prescribed by Parliament.
(2) Subject to the provisions of this section, an appeal shall lie to the Board
from any decision to which this section applies at the instance of the public
officer, police officer or member of the naval, military or air force in
respect of whom the decision is made:
Provided that in the case of any such decision as is referred to in subsection
(1)(e.) of this section an appeal shall lie in the first instance to the Police
Service Commission shall have the like powers as are conferred on the Board by
subsection (3) of this section.+
(3) Under an appeal under this section the Board may affirm or ser aside the
decision appealed against or may make any other decision which the authority or
person from whom the appeal lies could have made.
(4) Every decision of the Board shall require the concurrence of a majority of
all the members of the Board entitled to participate for the purpose of making
the decision.
(5) The member of the Public Service Board of Appeal appointed under paragraph
(d) of section 86(1) of this Constitution shall not be entitled to participate
as a member in proceedings of the Board for the purpose of hearing and
determining appeals from decisions mentioned in paragraphs (a),(b) and 8c) of
subsection (1) of this section or of making regulations under subsection (6)(b)
of (c) of this section with respective to the procedure in such appeals or
exceeding any such decisions from the provisions of the said subsection(1); and
the member of the Board appointed under paragraph (c) of section 86(1) of this
Constitution shall not be entitled to participate as a member in proceedings of
the Board for the purpose of hearing and determining appeals from decisions
mentioned in paragraph (d) of subsection (1) of subsection (2) of this section
or of making regulation under subsection (6)(b) or (c) of this section with
respect to the procedure in such appeals or excepting any such decisions from
the provisions of the said subsection (1).
(6) Subject to the provision of subsection (5) of this section, the Board may
by regulation make provisions for-
a. the procedure of the Board;
b. the procedure in appeals under this section; or
c. excepting from the provisions of subsection (1) 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 so
prescribed.
(7) 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
Board.
(8) The Board 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 and its proceedings shall not be invalidate by the presence or
participation of any person not entlited to be present at or to participate in
those proceedings.
PART 5
PENSIONS
Pensions laws and protection of pensions rights.
88. (1) The law to be applied with respect to any pensions benefits that
were granted to any person before the commencement of this Constitution 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 favorable 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-
a. in so far as those benefits are wholly in respect of a period of service as
a judge or officer of the Supreme Court or a public officer or a member of the
House of Assembly that commenced before the commencement of this Constitution,
be the law that was in force at such commencement; and
b. in so far as those benefits are wholly or partly in respect of a period of
service as a judge or officer of the Supreme Court or a public officer or a
member of the House of Assembly that commenced after the commencement of this
Constitution, be the law in force on the date on which that period of service
commenced.
or any law in force at a later date that is not less favorable 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 case, the law for which he opts shall for the purposes
of this section, be deemed to be more favorable to him than the other law or
laws.
(4) All pensions benefits shall (except to the extent that they are by law
charged upon and duly paid out of some other fund) be a charge on the
Consolidated Fund.
(5) In this section "pensions benefits" means any pensions, compensation,
gratuities or other like allowances for persons in respect of their service as
members of the House, judges or officers of the Supreme Court or public
officers or for the windows, children, dependants 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 granted or in which
the grant of such benefits may be refused, the law regulating the circumstances
in which any such benefits that have been granted may be withheld, reduce in
amount or suspended and the law regulating the amount of any such benefits.
Power to withhold pensions, etc.
89. (1) Where under any law any person or authority has a discretion-
a. to decide whether or not any pension benefits shall be granted; or
b. to withhold, reduce in amount or suspend any such benefits that have been
granted,
those benefits shall be granted and may not be withheld, reduced in amount or
suspended unless the Public Service Commission concurs in the refusal to grant
the benefits or, as the case may be, in the decisions to withhold them, reduce
them in amount or suspend them.
(2) Where the amount of any pensions benefits that may be granted to any person
is not fixed by law, the amount of the benefits to be granted to him shall be
the greatest amount for which he is eligible unless the Public Service
Commission concurs in his being granted benefits of a smaller amount.
(3) The Public Service Commission shall not concur under subsection (1) or
subsection (2) of this section in any action taken in the ground that any
person who holds or has held the office of judge of the Supreme Court, Director
of Public Prosecutions or Director of Audit has been guilty of misbehavior in
that office unless he has been removed from that office by reason of such
misbehavior.
(4) Before the Public Service Commission concurs under subsection (1) or
subsection (2) of this section in any action taken on the ground that any
person who holds or has held any office to which, at the time of such action,
section 83 of this Constitution applies has been guilty of misbehavior in that
office, the Public Service Commission shall consult the Judicial and Legal
Services Commission.
(5) In this section "pensions benefits" means any pensions, compen gratuities or other like allowances for persons in respect of their service as
judge or officer of the Supreme Court or public officers or for the widows,
children, dependants or personal representatives of such persons in respect of
such service.
CHAPTER VII
CITIZENSHIP
Persons who become citizens on 27th October 1979.
90. (1) Every person who, having been born in Saint Vincent, is
immediately before the commencement of this Constitution a citizen of the
United Kingdom and Colonies shall become a citizen at such commencement.
(2) Every person who, immediately before the commencement of this Constitution,
is a citizen of the United Kingdom and Colonies-
a. having become such a citizen under the British Nationality Act 1948 (a) by
virtue of this having been naturalized in Saint Vincent as a British subject
before that Act came into force; or
b. having while resident in Saint Vincent become such a citizen by virtue of
his having been naturalized or registered under that Act,
shall become a citizen at such commencement.
(3) Every person who, having been born outside Saint Vincent, is immediately
before the commencement of this Constitution a citizen of the United Kingdom
and Colonies shall, if his father or mother becomes, or would but for his death
or the renunciation of his citizenship of the United Kingdom and Colonies have
become,a citizen by virtue of subsection (1) or subsection (2) of this section,
become a citizen at such commencement.
(4) Every woman who, having been married to a person who becomes, or but for
his death or the renunciation of his citizenship of the United Kingdom and
Colonies would have become, a citizen by virtue of subsection (1), (2) or (3)
of this section, is a citizen of the United Kingdom and Colonies immediately
before the commencement of this Constitution shall become a citizen at such
commencement.
Persons born in Saint Vincent on or after 27th October 1979.
91. Every person born in Saint Vincent after the commencement of this
Constitution shall become a citizen at the date of his birth:
Provided that a person shall not become a citizen by virtue of this section if
at the time of his birth-
a. neither of this parents is a citizen of Saint Vincent and his father or
mother possesses such immunity from suit as legal process as is accorded to the
envoy of a foreign sovereign power accredited to Saint Vincent; or
b. his father is a citizen of a country with which Saint Vincent is at war and
the birth occurs in a place then under occupation by that country.
Persons born outside Saint Vincent on or after 27th October 1979.
92. A person born outside Saint Vincent after the commencement of this
Constitution shall become a citizen at the date of his birth if, at that date,
his father or mother is a citizen otherwise than by virtue of this section or
section 90(3) of this Constitution.
Registration.
93. (1) The following persons shall be entitled, upon making
application, to be registered as citizens-
a. any woman who is married to a citizen or who has been married to a person
who, at any time during the period during which they were married to each
other, was a citizen;
b. any person who, being a Commonwealth citizen, or ordinarily reticent in
Saint Vincent at the commencement of this Constitution, having been so resident
for the period of seven years immediately preceding such commencement;
c. any person who, having been a citizen, has renounced his citizenship in
order to qualify for the acquisition or retention of the citizenship of another
country;
d. any person who, but for having renounced his citizenship of the United
Kingdom and Colonies in order to qualify for the acquisition or retention of
the citizenship of another country, would have become a citizen at the
commencement of this Constitution;
e. any woman who is married to any such person as is mentioned in paragraph
(b), (c) or (d) of this subsection or who was married to a person who, at any
time during the period during which that were married to each other, was
entitled to be registered as a citizen under any such paragraph;
f. any woman who, before the commencement of this Constitution, has been
married to a person-
i) who becomes a citizen by virtue of section 90 of this Constitution; or
ii) who having died before such commencement, would but for his death have
become a citizen by virtue of that section,
but whose marriage has been terminated by death or dissolution before such
commencement.
(2) The following persons shall be entitled, upon making application, to be
registered as citizens.
a. any man who is married to a citizen or who has been married to a person who,
at any time during the period during which they were married to each other, was
a citizen;
b. any person who, being a Commonwealth citizen, is and for seven years
previous to his application has been ordinarily resident in Saint Vincent;
c. any man who is married to any such person as is mentioned in paragraph (b),
(c) or (d) of subsection (1) of this section or who was married to a person
who, at any time during the period during which they were married to each
other, was untitled to apply to be registered as a citizen under any such
paragraph;
d. any person under the age of twenty-one years who is the stepchild or child
adopted in a manner recognized by law of a citizen or is the child, stepchild
or child so adopted of a person who is or would but for his death have been
entitled to be registered as a citizen under subsection (1) of this section:
Provided that if it is so provided by Parliament an application for
registration as a citizen under his subsection may, in such circumstances as
may be prescribed by Parliament in the interests of defence, public safety or
public order, be refused by the Minister responsible for the matter in any case
in which he is satisfied that there are reasonable grounds for refusing the
applications.
(3) An application under this section shall be made in such manner as may be
prescribed, as respects that application, by or under a law enacted by
Parliament and, in the case of a person to whom subsection (2) (d) of this
section applies, it shall be made on his behalf by his parent or guardian:
Provided that, if any such person is or has been married, he may make the
application himself.
(4) Every person who, being a British protected person, an alien or, of it is
so prescribed by Parliament, a citizen of any country within the Commonwealth
not forming part of Her Majesty's dominions and having reached the age of
twenty-one years, applies for registration under this section shall, before
such registration, take the oath of allegiance.
Acquisition deprivation and renunciation.
94. There shall be such provisions as may be made by Parliament for-
a. the acquisition of citizenship by persons who are not eligible or who are no
longer eligible to become citizens under the provisions of this Chapter:
b. depriving of his citizenship any person who is a citizen otherwise than by
virtue of section 90, 91 or 92 of this Constitution;
c. the renunciation by any person of his citizenship.
Interpretation.
95. (1) In this Chapter-
"alien" means a person who is not a Commonwealth citizen, a British protected
person or a citizen of the Republic of Irlean;
"British protected person" means a person who is a British protected person
for the purposes of the British Nationality Act 1948;
"the British Nationality Act 1948" includes any Act of the Parliament of the
United Kingdom altering that Act;
"father" in relation to a child born out of wedlock and not legitimated
includes a person who acknowledges and can show that he is the father of the
child.
(2) For the purposes of this Chapter, 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.
(3) Any reference in this Chapter 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 the commencement of this Constitution and the birth occurred
after such commencement the national status that the father would have had if
the fad died immediately after such commencement the national status that the
father would have had if he had died immediately after such commencement shall
be deemed to be his national status at the time of his death.
CHAPTER VIII
JUDICIAL PROVISIONS
Original jurisdiction of High Court in constitutional questions.
96. (1) Subject to the provisions of section 22(2), 38(8)(b), 102(2)
and 105(10) of this Constitution, any person who alleges that any provisions of
this Constitution (other than a provision of Chapter 1 thereof)has been or is
being contravened may, of he has a relevant interest, apply to the High Court
for a declaration and for relief under this section.
(2) The High Court shall have jurisdiction on an application made under this
section to determine whether any provision of this Constitution (other than a
provision of Chapter 1 thereof) has been or is being contravened and to make a
declaration accordingly.
(3) Where the High Court makes a declaration under this section that a
provision of this Constitution has been or is being contravened and the person
on whose application the declaration is made has also applied for relief, the
High Court may grant to that person such remedy as it considers appropriate,
being a remedy available generally under any law in proceedings in the High
Court.
(4) The Chief Justice may make rules with respect to the practice and procedure
of the High Court in relation to the jurisdiction and powers conferred on the
Court by or under this section, including provisions with respect to the time
within which any application under this section may be made.
(5) A person shall be regarded as having a relevant interest for the purpose of
an application under this section only if the contravention of this
Constitution alleged by him is such as to affect his interests.
(6) The rights conferred on a person by this section to apply for a declaration
and relief in respect of an alleged contravention of this Constitution shall be
in addition to any other action in respect of the same matter that may be
available to that person under any law.
(7) Nothing in this section shall confer jurisdiction o the High Court to hear
or determine any such question as is referred to in section 36 of this
Constitution.
Reference of constitutional question to High Court.
97. (1) Where any question as to the interpretation of this Constitution
arises in any court of law established for Saint Vincent (other than the Court
of Appeal, the High 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 High Court.
(2) Where any question as to the High Court in pursuance of this section, the
High 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,
of the decisions 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 case may be, of Her Majesty in Council.
Appeal to Court of Appeal.
98. Subject to the provisions of section 36 of this Constitution, an
appeal shall lie from decisions of the High Court to the Court of Appeal as of
right in the following cases-
a. final decision in any civil or criminal proceedings on questions as to the
interpretation of this Constitution;
b. final decisions given in exercise of the jurisdiction conferred on the High
Court by section 16 of this Constitution (which relates to the enforcement of
the fundamental rights and freedoms); and
c. such other cases as may be prescribed by Parliament.
Appeals to Her Majesty in Council.
99. (1) An appeal shall lie from decisions of the Court of Appeal to Her
Majesty in Council as of right in the following cases-
a. final decisions in any civil proceedings where the matter in dispute on the
appeal to Her Majesty in Council is of the prescribed value or upwards or where
the appeal involves directly or indirectly a claim to or question respecting
property or a right of the prescribed value or upwards;
b. final decisions in proceedings for dissolutions or nullity of marriage;
c. final decisions in any civil or criminal proceedings which involve a
question as to the interpretation of this Constitution; and
d. such other cases as may be prescribed by Parliament.
(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-
a. decisions in any civil proceedings where in the opinion of the Court of
Appeal the question involve in the appeal is one that, by reason of its great
general or pubic importance or otherwise, ought to be submitted to Her Majesty
in Council; and
b. such other cases as may be prescribed by Parliament.
(3) An appeal shall lie to Her Majesty in Council with the special leave of Her
Majesty form any decision of the Court of Appeal in any civil or criminal
matter.
(4) References in this section to decisions of the Court or Appeal shall be
construed as references to decisions of the Court of Appeal in exercises of the
jurisdiction conferred by this Constitution or any other law.
(5) In this section the prescribed value means the value of fifteen hundred
dollars or such other value as may be prescribed by Parliament.
(6) This section shall be subject to the provisions of section 36(7) of this
Constitution.
Interpretation.
100. In this section Chapter references to the contravention of any
provisions or, to the interpretation of, this Constitution shall be construed
as including references to the contravention of any provisions of, or the
interpretation of, the Supreme Court Order.
CHAPTER IX
MISCELLANEOUS
Supreme law.
101. This Constitution is the supreme law of Saint Vincent and, subject
to the provisions of this Constitution, if any other law is inconsistent with
this Constitution, this Constitution shall prevail and the other law shall, to
the extent of the inconsistency, be void.
Functions of Governor General.
102. (1) Any reference in this Constitution to the functions of the
Governor-General shall be construed as a reference to his powers as duties in
the exercise of the executive authority of Saint Vincent and to any other
powers and duties conferred or imposed on him as Governor-General by or under
this Constitution or any other law.
(2) Where by this Constitution the Governor_General is required to perform any
functions in accordance with the advice of any person or authority, the
question whether the Governor-General has so exercised that function shall not
be enquired into in any court of law.
Resignations.
103. (1) A Representative or a Senator may resign his seat by writing
under his hand addressed to the Speaker and the resignation shall take effect,
and the seat shall accordingly become vacant, when the writing is received, as
the case may be, by-
a. the Speaker;
b. if the office of Speaker is vacant or the Speaker is for any reason unable
to perform the functions of his office and no other person is performing them,
the Deputy Speaker; or
c. if the office of Deputy Speaker is for any reason unable to perform the
functions of this office as no other person is performing them, the Clerk of
the House.
(2) The Speaker or the Deputy Speaker may resign his office by writing under
his hand addressed to the House and the resignation shall take effect, and the
office shall accordingly become vacant, when the writing is received by the
Clerk of the House.
(3) Any person who has been appointed to an office established by this
Constitution (other than 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-
a. at such time or on such date (if any) as may be specified in the writing,
or
b. when the writing is received by the person or authority to whom it is
addressed or by such other person as may be authorized 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.
Re-appointment and concurrent appointments.
104. (1) Where any person has vacated any office established by this
Constitution or any office of Minister or Parliamentary Secretary established
under this Constitution or any office of Minister or Parliamentary Secretary
established under this Constitution, he may, if qualified, again be appointed
or elected to hold that office in accordance with the provisions of this
Constitution.
(2) Where this Constitution vests in any person or authority the power to make
any appointment to any office, a person may be appointed to that office,
notwithstanding that some other person may be holding that office, when that
other person is on leave of absence pending the relinquishment of the office;
and where two or more persons are holding the same office by reason of an
appointment made in pursuance of this subsection, then for the purposes of any
function conferred upon the holder of that office, the person last appointed
shall be deemed to be the sole holder of the office.
Interpretation.
105. (1) In this Constitution, unless the context otherwise requires-
"citizen" means a citizen of Saint Vincent and "citizenship" shall be construed
accordingly;
"Commonwealth citizen" has such meaning as Parliament may prescribe;
"dollars" means dollars in the currency of Saint Vincent;
"financial year" means any period of twelve months beginning on 1st January in
any year or such other date as may be prescribed by law;
"the Government" means the Government of Saint Vincent;
"the House" means the House of Assembly;
"law" means any law in force in Saint Vincent or any part thereof, including
any instrument having the force of law and any unwritten rule of law and
"lawfully" shall be construed accordingly;
"Minister" means a Minister of the Government;
"Parliament" means the Parliament of Saint Vincent;
"oath" includes affirmation;
"oath of allegiance" means such oath of allegiance as may be prescribed by
law;
"oath office" means, in relation to any office, such oath for the due execution
of that office as may be prescribed by law;
"oath of secrecy" means such oath of secrecy as may be prescribed by law;
"the Police Force" means the Royal Saint Vincent Police Force and includes any
other police force established to succeed to the functions of the Royal Saint
Vincent Police Force;
"public office" means any office of emoluments 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 in a civil capacity of the Government;
"Saint Vincent" means Saint Vincent as the Grenadines;
"session" means, in relation to the House, the period beginning when it first
meets after parliament has at any time been prorogued or dissolved and wading
when Parliament is prorogued or when Parliament is dissolved without having
been prorogued;
"sitting" means, in relation to the House, the period during which it is
sitting continuously without adjournment as includes any period during which it
is in committee;
"Speaker" as "Deputy Speaker" mean the respective person holding office as
Speaker and Deputy Speaker of the House.
(2) In this Constitution referenced to an office in the public service shall
not be construed as including-
a. references to the office of the Speaker or Deputy Speaker, the Prime
Minister or any other Minister, a Parliamentary Secretary or a member of the
House;
b. references to the office of a member of any Commission established by this
Constitution or a member of the Advisory Committee on the Prerogative of Mercy
or a member of the Public Service Board of Appeal;
c. references to the office of judge or officer of the Supreme Court;
d. save in so far as may be provided by Parliament, references to the office of
a member of any other council, board, panel, committee or other similar body
(whether incorporated or not established by or under any law
(3) In this Constitution-
a. references to the Supreme Court Order included references to any law
altering that Order;
b. references to the Supreme Court of Appeal, the High Court and the Judicial
and Legal Services Commission are references to the Supreme Court, the Court of
Appeal, the High Court and the Judicial and Legal Services Commission
established by the Supreme Court Order;
c. references to the Chief Justice have the same meaning as in the Supreme
Court Order;
d. references to judge of the Supreme Court are references to a judge of the
High Court or the Court of Appeal and, unless the context otherwise requires,
include references to a judge of the former Supreme Court of the Windward
Islands and Leeward Islands; and
e. references to officers of the Supreme Court are references to the Chief
Registrar and other officers of the Supreme Court appointed under the Supreme
Court Order.
(4) In this Constitution "the specified qualifications" means the professional
qualifications specified by or under any law, one of which must be held by any
person before he may apply under that law to be admitted to practice as a
barrister or a solicitor in Saint Vincent.
(5) For the purposed of this Constitution, a person shall not be regarded as
holding an office by reason only of the fact that he is in receipt of a pension
or other like allowance.
(6) 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, to the extent of his authority, a reference to any person for the
time being authorized to exercise the functions of that office.
(7) Except in the case where this Constitution provides for the holder of any
office thereunder to be such person holding or acting in any other office as
may for the time being be designated in that behalf by some other specified
person or authority, no person may, without his consent, be nominated for
election to any such office or be appointed to or to act therein or otherwise
be selected therefor.
(8) 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:
Provided that-
a. nothing in this subsection shall be construed as conferring on any person or
authority the power to require the Director of Audit to retire from the public
service; and
b. any power conferred by any law to permit a person to retire from the public
officer who may be removed from office by some person or authority other than a
Commission established by this Constitution, vest in the Public Service
Commission.
(9) Any provision in this Constitution that vests in any person or authority
the power to remove any public officer from his office shall be without
prejudice to the power of any person of authority to abolish any office or to
any law providing for the compulsory retirement of public officer generally or
any class of public officer on attaining an age specified by or under that
law.
(10) Where this Constitution vests in any person or authority the power to
appoint any person to act in or to exercise the functions of any office if the
holder thereof is himself unable to exercise those functions, no such
appointment shall be called in question on the grounds that the holder of the
office was not unable to exercise those functions.
(11) 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 exercised in relation to any question whether
that person or authority has exercised those functions in accordance with this
Constitution or any other law.
(12) Without prejudice to the provisions of section 14 of the Interpretation
Act 1978 (a) (as plied by subsection (15) of this section), where any power is
conferred by this Constitution to make any order, regulation or rule or give
any direction or make any designation, the power shall be construed as
including the power, exercisable in like manner and subject to the like
conditions, if any, to amend or revoke any such order, regulation, rule,
direction, or designation.
(13) Save as may be otherwise provided by Parliament, the provisions (except
sections 2 and 16) of the Commissions of Enquiry Ordinance of Saint Vincent
shall apply, with the necessary adaptations, in relation to tribunals appointed
under sections 32(6), 77(7), 81(8), 82(8) and 86(6) of this Constitution or, as
the context may require, to the members thereof as they apply in relation to
Commissions or Commissioners appointed under that Ordinance.
(14) In this Constitution references to altering this Constitution or any other
law, or any provisions thereof, include references-
a. to evoking it, with or without re-enactment thereof or the making of
different provisions in lieu thereof;
b. to modifying it whether by omitting or amending any of its provisions or
inserting additional provisions in it or otherwise; and
c. to suspending its operation for any period or terminating any such
suspension.
(15) The Interpretation Act 1978 shall apply, with the necessary adaptations,
for the purpose of interpreting this Constitution as otherwise in relation
thereto as it applies for the purpose of interpreting and in relation to Acts
of the Parliament of the United Kingdom.
Section 38
THE SCHEDULE TO THE CONSTITUTION
ALTERATION OF CONSTITUTION AND SUPREME COURT ORDER
PART 1
Provisions of constitution referred to in section 38(3)
(i) Chapter 1;
(ii) sections 19, 20 and 50;
(iii) sections 23, 24(1), 27, 28, 32, 33 (except the number of constituencies),
34, 36, 37, 43, 47, 48 and 49;
(iv) section 64;
(v) Chapter V;
(vi) Chapter VI (except sections 86 as 87);
(vii) section 105 in its application to any of the provisions mentioned in this
Schedule.
PART 2
Provisions of Supreme Court Order referred to in section 38(3)
Section 4, 5, 6, 8, 11, 18 and 19.
SCHEDULE 2 TO THE ORDER
TRANSITIONAL PROVISIONS
Arrangement of paragraphs
Paragraph
1. Discharge of Governor-General's functions
2. Existing laws
3. Parliament
4. Ministers as Parliamentary Secretaries
5. Office of Attorney-general
6. Existing public officers
7. Oaths
8. Supreme Court Order
9. Appeals Order
10. Protection from inhuman treatment
11. Protection from deprivation of property
12. Commonwealth citizen
13. Interpretation
Discharge of Governor-General's functions
1. Until such time as a person has assumed office as Governor-General,
having been appointed as such in accordance with section 19 of the
Constitution, the person who immediately before the commencement of the
Constitution held office as Governor of Saint Vincent (or, if there is no such
person, the person who was then acting as Governor) shall discharge the
functions of the office of Governor-General.
Existing laws.
2. (1) The existing laws shall, as from the commencement of the
Constitution, the person who immediately before the commencement of the
Constitution held office as Governor of Saint Vincent (or, if there is no such
person, the person who was then acting as Governor) shall discharge the
functions of the office of Governor-General.
(2) Where any matter that falls to be prescribed or otherwise provided for
under the Constitution by Parliament 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 the commencement of the Constitution, have effect (with such
modifications, adaptations, qualifications and exceptions as may be necessary
to bring it into conformity with the Constitution and the Supreme Court Order)
as if it had been made under the Constitution by Parliament or, as the case may
require, by the other authority or person.
(3) The Governor-General may by order made at any time before 27th October 1980
make such alterations to any existing law as may appear to him to be necessary
or expedient for bringing that law into conformity with the provisions of the
Constitution and the Supreme Court Order or otherwise for giving effect or
enabling effect to be given to those provisions.
(4) The provisions of this paragraph shall be without prejudice to any powers
conferred by the Constitution or by any other law upon any person or authority
to make provisions for any matter, including the alteration of any existing
law.
(5) For the purposes of this paragraph, the expression "existing law" means any
Act Ordinance, rule, regulation, order or other instrument made in pursuance of
or continued in force by or under the Former Constitution and having effect as
a law immediately before the commencement of the Constitution.
Parliament.
3. (1) Until their boundaries are altered in pursuance of section 33 of
the Constitution, the voundaries of the constituencies shall, for the purposes
of the election of Representatives, be the same as those of the constituencies
into which Saint Vincent is divided immediately before the commencement of the
Constitution for the purpose of the election of elected members of the House
under the former Constitution and those boundaries shall be deemed to have been
established under that section.
(2) The person who, immediately before the commencement of the Constitution,are
elected members of the House under the former Constitution shall, as from the
commencement of the Constitution, be deemed to have been elected as
Representative in pursuance of the provisions of section 27 of the Constitution
in the respective constituencies corresponding to the constituencies by
which they were returned to the House and shall hold their seats in the House
in accordance with the provisions of the Constitution.
(3) The persons who, immediately before the commencement of the Constitution,
are nominated members of the House under the former Constitution shall vacate
their seats in the House at the commencement of the Constitution but shall be
eligible for appointment as Senators in pursuance of the provisions of section
28 of the Constitution.
(4) The person who, immediately before the commencement of the Constitution,
are respectively the Speaker and the Deputy Speaker and the Leader of the
Opposition shall be deemed as from the commencement of the Constitution to have
been elected as Speaker and Deputy Speaker or, as the case may be, appointed as
Leader of the Opposition in accordance with the provisions of the Constitution
and shall hold office in accordance with those provisions.
(5) Until Parliament otherwise provides, any person who holds or acts in any
office the holding of which would, immediately before the commencement of the
Constitution, have disqualified him for membership of the House under section
26(2) of the former Constitution shall be disqualified to be elected as a
Representative or appointed as a Senator as though provision in that behalf had
been made in pursuance of section 26(2) of the Constitution.
(6) The rules of procedure of the House under the former Constitution as in
force immediately before the commencement of the Constitution shall, until it
is otherwise provided by the House under section 45 of the Constitution, be the
rule of procedure of the House but they shall be construed with such
modifications, adaptations, qualifications and exceptions as may be necessary
to bring them into conformity with the Constitution.
(7) Subject to the provisions of section 48 of the Constitution, Parliament
shall unless sooner dissolved, stand dissolved on 2nd January 1980 (that is to
say, five years from the first sitting of the House after the last dissolution
of Parliament under the former Constitution).
(8) For the purposes of section 33(3) of the Constitution, the Constituency
Boundaries Commission shall be deemed to have carried out a review on 7th
October 1972 (that is to say, there years after the date of the last order made
by the Commission under section 32 of the former Constitution).
(9) In relation to any period before the commencement of the
Constitution,references in the Constitution to Representatives shall be
construed as references in the Constitution to Representatives shall be
construed as references to elected members of the House under the former
Constitution.
Ministers and Parliamentary Secretaries.
4. (1) The person who, immediately before the commencement of the
Constitution, holds the office of Premier under the former Constitution shall,
as from the commencement of the Constitution, hold office as Prime Minister as
if he had been appointed thereto under section 51 of the Constitution.
(2) The person who, immediately before the commencement of the Constitution,
hold office as Ministers (other than the Premier) or as Parliamentary
Secretaries under the former Constitution shall, as from the commencement of
the Constitution, hold the like offices as if they had been appointed thereto
under section 51 or 57 of the Constitution
(3) Any person holding the office of Prime Minister or other Minister by virtue
of the provisions of subparagraphs (1) as (2) of this paragraph who,
immediately before the commencement of the Constitution was charged under the
former Constitution with responsibility for any matter or any department of
government, shall, as from the commencement of the Constitution, be deemed to
have been assigned responsibility for that matter or department under section
53 of the Constitution.
Office of Attorney-General
5.Until Parliament or, subject to the provisions of any law enacted by
Parliament, the Governor-General, acting in accordance with the advice of the
Prime Minister, otherwise provides, the office of Attorney-general shall be
that of a Minister.
Existing public officers.
6.Subject to the provisions of the Constitution, every person who
immediately before the commencement of the Constitution holds or is acting in a
public office under the former Constitution shall, as from the commencement of
the Constitution, continue to hold or act in that office or the corresponding
office established by the Constitution as if he had been appointed thereto in
accordance with the provisions of the Constitution:
Provided that any person who under the former Constitution or any other law in
force immediately before such commencement would have been required to vacate
his office at the expiration of any period shall vacate his office at the
expiration of that period.
Oaths.
7. Until such time as the oath of allegiance, the oath of secrecy or in
relation to any office, the oath of office is prescribed by law, that oath may
be taken in the form prescribed immediately before the commencement of the
Constitution.
Supreme Court Order.
8. The West Indies Associated States Supreme Court Order 1967(a), in so
far as it has effect as a law, may be cited as the Supreme Court Order and for
the purposes of the Order or any other law-
a. the Supreme Court established by the Order shall, unless Parliament
otherwise provides, be styled the Eastern Caribbean Supreme Court; and
b. references in the Order to the Premier of Saint Vincent or to the Premier of
any other independent state shall be construed as references to the Prime
Minister of Saint Vincent or, as the case may be, to the Prime Minister of
that other state.
Appeals Order.
9. The West Indies Associated States (Appeals to Privy Council) Order
1967(b) may, in its application to Saint Vincent, be cited as the Saint Vincent
Appeals to Privy Council Order and shall to the extent that it has effect as a
law, have effect as if the expression "Courts Order" included any law altering
the Supreme Court Order and as if section 3 were revoked.
Protection from inhuman treatment.
10. Nothing contained in or done under he authority of any law shall be
held to be inconsistent with or in contravention of section the
Constitution to the extent that the law in question authorizes the infliction
of any description of punishment that was lawful in Saint Vincent immediately
before 27th October 1969 (being the date on which Saint Vincent became an
associated state).
Protection from deprivation of property.
11. Nothing in section 6 of the Constitution shall affect the operation
of any law in force immediately before 27th October 1969 or any law made on or
after that date that alters a law in force immediately before that date and
that does not-
a. add to the kinds of property that may be taken possession of or the rights
over and interests in property that may be acquired;
b. make the conditions governing entitlement to compensation or the amount
thereof less favorable to any person owing or having an interest in the
property; or
c. deprive any person of any such right as is mentioned in subsection (2) of
that section.
Commonwealth citizen.
12. Until such time as Parliament otherwise prescribes, the expression
"Commonwealth citizen" shall have the meaning assigned to it by the British
Nationality Act 1948 or any Act of the Parliament of the United Kingdom
altering that Act.
Interpretation.
13. (1) In this Schedule-
"the Constitution" means the Constitution set out in Schedule 1 of this
Order;
"the former Constitution" means the Constitution in force immediately before
the commencement of this Order.
(2) The provisions of section 105 of the Constitution shall apply for the
purposes of interpreting this Schedule and otherwise in relation thereto as
they apply for the purpose of interpreting as in relation to the Constitution