- ARRANGEMENT OF SECTIONS
- CHAPTER I : PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
- CHAPTER II: THE GOVERNOR GENERAL
- CHAPTER III: PARLIAMENT
- CHAPTER IV: THE EXECUTIVE
- CHAPTER V: FINANCE
- CHAPTER VI: THE PUBLIC SERVICE
- CHAPTER VII: CITIZENSHIP
- CHAPTER VIII: JUDICIAL PROVISIONS
- CHAPTER IX: PARLIAMENTARY COMMISSIONER
- CHAPTER X: MISCELLANEOUS
- SCHEDULE 1 TO THE CONSTITUTION
- SCHEDULE 2 TO THE CONSTITUTION
- SCHEDULE 3 TO THE CONSTITUTION
- SAINT LUCIA CONSTITUTION ORDER 1978
SAINT LUCIA
CHAPTER 1.01
CONSTITUTION OF SAINT LUCIA
Revised Edition
Showing the law as at 31 December 2001
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Act.
This edition contains a consolidation of the following laws—
CONSTITUTION OF SAINT LUCIA
Statutory Instrument 1978 No. 1901 (U.K.), Schedule 1 .. in force 22 February 1979 Amended by Act 17 of 1980 in force 26 September 1980
HOUSE OF ASSEMBLY (REVIEW OF CONSTITUENCY BOUNDARIES) ORDERS – Section 58
Statutory Instrument 39/1973 .. in force 30 November 1973 (S.I.42/1973) Statutory Instrument 9/1987 in force 11 March 1987 (S.I.11/1987)
Statutory Instrument 51/2001 in force 12 November 2001 (S.I.123/2001)
PUBLIC SERVICE BOARD OF APPEAL REGULATIONS – Section 96
Statutory Instrument 21/1982 .. in force 27 March 1982 (Gazette notice 227/1982)
SAINT LUCIA CONSTITUTION ORDER – West Indies Act of the United Kingdom 1967
Statutory Instrument 1978 No. 1901 (U.K.) .. in force 22 February 1979
LETTERS PATENT Gazette Notice 963/1986.. in force 13 December 1986 Gazette Notice 964/1986.. in force 13 December 1986 Gazette Notice 965/1986.. in force 13 December 1986 Gazette Notice 971/1986.. in force 13 December 1986 Gazette Notice 972/1986.. in force 13 December 1986 Gazette Notice 975/1986.. in force 13 December 1986
CHAPTER 1.01 CONSTITUTION OF SAINT LUCIA
ARRANGEMENT OF SECTIONS
Section
CHAPTER I 10 PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS 10
1. Fundamental rights and freedoms ..................................................................... 10
2. Protection of right to life ..................................................................................... 10
3. Protection of right to personal liberty.................................................................. 11
4. Protection from slavery and forced labour.......................................................... 14
5. Protection from inhuman treatment.................................................................... 14
6. Protection from deprivation of property .............................................................. 14
7. Protection from arbitrary search or entry............................................................ 18
8. Provisions to secure protection of law................................................................ 19
9. Protection of freedom of conscience.................................................................. 22
10. Protection of freedom of expression .................................................................. 23
11. Protection of freedom of assembly and association........................................... 24
12. Protection of freedom of movement................................................................... 25
13. Protection from discrimination on the grounds of race, etc ................................ 27
14. Emergency powers ............................................................................................ 28
15. Protection of persons detained under emergency laws...................................... 29
16. Enforcement of protective provisions ................................................................. 30
17. Declaration of emergency .................................................................................. 31
18. Interpretation and savings.................................................................................. 32
CHAPTER II 34 THE GOVERNOR GENERAL 34
19. Establishment of office....................................................................................... 34
20. Acting Governor General ................................................................................... 34
21. Oaths ................................................................................................................. 34
22. Deputy to Governor General.............................................................................. 34
CHAPTER III 35 PARLIAMENT 35
PART 1 35
Composition of Parliament.................................................................................................. 35
23. Establishment .................................................................................................... 36
Revision Date: 31 Dec 2001
The Senate ..........................................................................................................................36 - Composition........................................................................................................36
- Qualifications ......................................................................................................36
- Disqualifications..................................................................................................37
- Tenure of office...................................................................................................38
- Inability................................................................................................................40
- President and Deputy President .........................................................................41 The House of Assembly.......................................................................................................42
- Composition........................................................................................................42
- Qualifications for election....................................................................................42
- Disqualifications for election ...............................................................................43
- Elections .............................................................................................................45
- Tenure of office...................................................................................................45
- Speaker ..............................................................................................................47
- Deputy Speaker ..................................................................................................48
- Responsibility for elections .................................................................................49 General provisions...............................................................................................................50
- Clerks of Senate and House of Assembly and their staff....................................50
- Determination of questions of membership.........................................................50
PART 2 52 LEGISLATION AND PROCEDURE OF PARLIAMENT 52
- Power to make laws............................................................................................52
- Alteration of Constitution and Supreme Court Order...........................................52
- Freedom of speech.............................................................................................55
- Oath by Members ...............................................................................................55
- Presiding.............................................................................................................55
- Voting..................................................................................................................56
- Penalty for sitting if unqualified ...........................................................................56
- Mode of exercise of legislative power .................................................................57
- Restrictions with regard to certain financial measures........................................57
- Restrictions on powers of Senate as to money bills............................................58
- Restrictions on powers of Senate as to bills other than money bills ...................58
- Provision relating to ss. 49 and 50......................................................................60
- Scrutiny of electoral legislation ...........................................................................61
- Regulation of procedure......................................................................................61
PART 3 61 SUMMONING, PROROGATION AND DISSOLUTION 61
- Sessions .............................................................................................................61
- Prorogation and dissolution ................................................................................62
- Holding of elections.............................................................................................63
PART 4 63 CONSTITUENCY BOUNDARIES AND ELECTORAL COMMISSIONS 63
57. Constituency Boundaries Commission and Electoral Commission.....................63
PART 5 66 DELIMITATION OF CONSTITUENCIES 66
58. Review of constituency boundaries ....................................................................66
Revision Date: 31 Dec 2001
CHAPTER IV 67 THE EXECUTIVE 67
59. Executive authority............................................................................................. 67
60. Ministers of the Government.............................................................................. 67
61. Cabinet of Ministers ........................................................................................... 69
62. Allocation of portfolios to Ministers..................................................................... 70
63. Performance of functions of Ministers during absence or illness ....................... 70
64. Exercise of Governor General’s functions.......................................................... 71
65. Governor General to be informed concerning matters of government ............... 72
66. Oaths to be taken by Ministers, etc.................................................................... 72
67. Leader of the Opposition.................................................................................... 72
68. Parliamentary Secretaries.................................................................................. 73
69. Permanent Secretaries ...................................................................................... 74
70. Secretary to the Cabinet .................................................................................... 74
71. Constitution of offices, etc.................................................................................. 75
72. Attorney General................................................................................................ 75
73. Control of public prosecutions............................................................................ 76
74. Prerogative of mercy.......................................................................................... 77
75. Committee on Prerogative of mercy................................................................... 77
76. Procedure in capital cases................................................................................. 78
CHAPTER V 78 FINANCE 78
77. Consolidated Fund............................................................................................. 78
78. Withdrawals from Consolidated Fund or other public funds............................... 79
79. Authorisation of expenditure from Consolidated Fund by appropriation law ...... 79
80. Authorisation of expenditure in advance of appropriation .................................. 80
81. Contingencies Fund ........................................................................................... 80
82. Remuneration of certain officers ........................................................................ 81
83. Public debt ......................................................................................................... 81
84. Audit of public accounts, etc .............................................................................. 82
CHAPTER VI 83 THE PUBLIC SERVICE 83
PART 1 83
The Public Service Commission ......................................................................................... 83
85. Public Service Commission................................................................................ 83
86. Appointment, etc., of public officers ................................................................... 85
PART 2 86
Appointments, etc., to particular offices .............................................................................. 86
87. Appointment, etc., of Permanent Secretaries and certain other officers ............ 87
88. Chief Elections Officer........................................................................................ 88
89. Director of Public Prosecutions .......................................................................... 90
90. Director of Audit ................................................................................................. 92
91. Appointment, etc. of magistrates, registrars and legal officers........................... 93
PART 3 94
The Teaching Service Commission .................................................................................... 94
92. Teaching Service Commission........................................................................... 94
Revision Date: 31 Dec 2001
93. Appointment, etc., of teachers ............................................................................97
PART 4 97
The Police ...........................................................................................................................97
94. Police Force........................................................................................................97
PART 5 98
The Public Service Board of Appeal ....................................................................................98
95. Public Service Board of Appeal ..........................................................................99
96. Appeals in discipline cases ...............................................................................101
PART 6 102
Pensions ..........................................................................................................................102
97. Pensions laws and protection of pensions rights ..............................................102
98. Power to withhold pensions, etc .......................................................................103
CHAPTER VII 104 CITIZENSHIP 104
99. Persons who become citizens on 22 February 1979 ........................................104
100. Persons born in Saint Lucia on or after 22 February 1979................................105
101. Persons born outside Saint Lucia on or after 22 February 1979.......................106
102. Registration.......................................................................................................106
103. Acquisition, deprivation and renunciation..........................................................108
104. Interpretation.....................................................................................................108
CHAPTER VIII 109 JUDICIAL PROVISIONS 109
105. Original Jurisdiction of High Court in constitutional questions...........................109
106. Reference of constitutional questions to High Court .........................................110
107. Appeals to Court of Appeal...............................................................................110
108. Appeals to Her Majesty in Council ....................................................................111
109. Interpretation.....................................................................................................112
CHAPTER IX 112 PARLIAMENTARY COMMISSIONER 112
110. Appointment, etc., of Commissioner .................................................................112
111. Deputy Parliamentary Commissioner................................................................114
112. Functions of Commissioner ..............................................................................114
113. Restrictions on matters for investigation ...........................................................115
114. Discretion of Commissioner..............................................................................116
115. Report on investigation .....................................................................................117
116. Power to obtain evidence..................................................................................117
117. Prescribed matters concerning Commissioner .................................................118
CHAPTER X 119 MISCELLANEOUS 119
118. The integrity Commission .................................................................................119
119. Declaration of assets ........................................................................................122
120. Supreme law.....................................................................................................122
Revision Date: 31 Dec 2001
121. Functions of Governor General........................................................................ 122
122. Resignations .................................................................................................... 123
123. Re-appointment and concurrent appointments ................................................ 124
124. Interpretation.................................................................................................... 124
SCHEDULE 1 TO THE CONSTITUTION 130 ALTERATION OF CONSTITUTION AND SUPREME COURT ORDER 130
PART I 130 PROVISIONS OF CONSTITUTION REFERRED TO IN SECTION 41(2) 130
PART II 130 PROVISIONS OF THE SUPREME COURT ORDER REFERRED TO IN SECTION 41(2) 130
SCHEDULE 2 TO THE CONSTITUTION 130 RULES CONCERNING CONSTITUENCIES 130
SCHEDULE 3 TO THE CONSTITUTION 131 MATTERS NOT SUBJECT TO INVESTIGATION BY PARLIAMENTARY COMMISSIONER 131
Revision Date: 31 Dec 2001
CHAPTER 1.01
CONSTITUTION OF SAINT LUCIA
(Statutory Instrument 1978 No. 1901 (U.K.) Schedule 1 and Act 17 of 1980)
Editor’s note:
This Constitution is Schedule 1 to the Saint Lucia Constitution Order 1978 of the United Kingdom
WHEREAS the People of Saint Lucia—
- (a)
- affirm their faith in the supremacy of the Almighty God;
- (b)
- believe that all persons have been endowed equally by God with inalienable rights and dignity;
- (c)
- recognise that the enjoyment of these rights depends upon certain fundamental freedoms namely, freedom of the person, of thought, of expression, of communication, of conscience and of association;
- (d)
- maintain that these freedoms can only be safeguarded by the rule of law;
- (e)
- realise that human dignity requires respect for spiritual values; for private family life and property; and the enjoyment of an adequate standard of economic and social well-being dependent upon the resources of the State;
- (f)
- respect the principles of social justice and therefore believe that the operation of the economic system should result in the material resources of the community being so distributed as to subserve the common good, that there should be adequate means of livelihood for all, that labour should not be exploited or forced by economic necessity to operate in inhumane conditions but that there should be opportunity for advancement on the basis of recognition of merit, ability and integrity;
- (g)
- express their commitment to democracy, in particular the principle of a government freely elected on the basis of universal adult suffrage.
- (h)
- consider that individually, each person has duties towards every other and to the community and is under obligation to observe and promote the rights, freedoms and values recognised in this constitution;
Revision Date: 31 Dec 2001
(i) pledge their support for international peace and security, for friendly relations among nations and the promotion of universal respect for human rights and freedoms; and their co-operation in solving by peaceful means international problems of an economic, social or political character; (j) desire that this Constitution shall reflect and make provision for ensuring and protecting these rights, freedoms and values.
NOW, THEREFORE, the following provisions shall have effect as the Constitution of Saint Lucia:
CHAPTER I PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
1. FUNDAMENTAL RIGHTS AND FREEDOMS
Whereas every person in Saint Lucia is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely— - (a)
- life, liberty, security of the person, equality before the law and the protection of the law;
- (b)
- freedom of conscience, of expression and of assembly and association; and
- (c)
- protection for his or her family life, his or her personal privacy, the privacy of his or her 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 others or the public interest.
2. PROTECTION OF RIGHT TO LIFE
(1) A person shall not be deprived of his or her life intentionally save in execution of the sentence of a court in respect of a
Revision Date: 31 Dec 2001
criminal offence under any law of which he or she has been convicted.
(2) A person shall not be regarded as having been deprived of his or her life in contravention if he or she 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 or she dies as the result of a lawful act of war.
3. PROTECTION OF RIGHT TO PERSONAL LIBERTY
(1) A person shall not be deprived of his or her personal liberty save as may be authorised by law in any of the following cases, that is to say— - (a)
- in consequence of his or her unfitness to plead to a criminal charge or in execution of the sentence or order of a court, whether established for Saint Lucia or some other country, in respect of a criminal offence of which he or she has been convicted;
- (b)
- in execution of the order of the High Court or the Court of Appeal punishing him or her for contempt of the High Court or the Court of Appeal or of another court or tribunal;
- (c)
- execution of the order of a court made to secure the fulfilment of any obligation imposed on him or her by law;
- (d)
- for the purpose of bringing him or her before a court in execution of the order of a court;
- (e)
- upon a reasonable suspicion of his or her having committed, or being about to commit, a criminal offence under any law;
Revision Date: 31 Dec 2001
(f) under the order of a court or with the consent of his or her parent or guardian, for his or her education or welfare during any period ending not later than the date when he or she attains the age of 18 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 a vagrant, for the purpose of his or her care or treatment or the protection of the community; (i) for the purpose of preventing his or her unlawful entry into Saint Lucia, or for the purpose of effecting his or her expulsion, extradition or other lawful removal from Saint Lucia or for the purpose of restraining him or her while he or she is being conveyed through Saint Lucia in the course of his or her 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 him or her to remain within a specified area within Saint Lucia, or prohibiting him or her from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against him or her 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 him or her during any visit that he or she is permitted to make to any part of Saint Lucia in which, in consequence of any such order, his or her presence would otherwise be unlawful. - (2)
- Any person who is arrested or detained shall with reasonable promptitude and in any case no later than 24 hours after such arrest or detention be informed in a language that he or she understands of the reasons for his or her arrest or detention and be afforded reasonable facilities for private communication and consultation with a legal practitioner of his or her own choice and, in the case of a minor, with his or her parents or guardian.
- (3)
- Any person who is arrested or detained—
(a) for the purpose of bringing him or her before a court in execution of the order of a court; or
Revision Date: 31 Dec 2001
(b) upon reasonable suspicion of his or her having committed, or being about to commit, a criminal offence under any law
and who is not released, shall be brought before a court without undue delay and in any case not later than 72 hours after such arrest or detention.
- (4)
- Where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicion of his or her having committed or being about to commit an offence, he or she 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) is not tried within a reasonable time, then without prejudice to any further proceedings that may be brought against him or her, he or she shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he or she appears at a later date for trial or for proceedings preliminary to trial, and such conditions may include bail so long as it is not excessive.
- (6)
- Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person or from any other person or authority on whose behalf that other person was acting:
Provided that a judge, a magistrate or a justice of the peace or an officer of a court or a police officer shall not be under any personal liability to pay compensation under this subsection in consequence of any act performed by him or her in good faith in the discharge of the functions of his or her 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) a person charged before a court with a criminal offence in respect of whom a special verdict has been returned that he or she was guilty of the act or omission charged but was insane when he or she did the act or made the omission shall be regarded as a person who has been convicted of a criminal offence and the detention of a person in
Revision Date: 31 Dec 2001
consequence of such a verdict shall be regarded as detention in execution of the order of a court.
4. PROTECTION FROM SLAVERY AND FORCED LABOUR
- (1)
- No person shall be held in slavery or servitude.
- (2)
- No person shall be required to perform forced labour.
- (3)
- For the purposes of this section, the expression “forced labour” does not include—
- (a)
- any labour required in consequence of the sentence or order of a court;
- (b)
- labour required of any person while he or she 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 or she is detained;
- (c)
- any labour required of a member of a disciplined force in pursuance of his or her duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service;
- (d)
- any labour required during any period of public emergency or in the event of any accident or natural calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that accident or natural calamity, for the purpose of dealing with that situation.
5. PROTECTION FROM INHUMAN TREATMENT
No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
6. PROTECTION FROM DEPRIVATION OF PROPERTY
(1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any
Revision Date: 31 Dec 2001
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 prompt payment of full 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 authorising the taking of possession or acquisition;
- (c)
- determining what compensation he or she 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) 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 in relation to the jurisdiction conferred on the High Court by subsection (2) or exercisable by the other tribunal or authority for the purposes of that subsection (including rules with respect to the time within 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 or she 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 of that amount into a sum of money, the whole of that sum of money (free from any deduction charge or tax made or levied in
Revision Date: 31 Dec 2001
respect of its remission) to any country of his or her choice outside Saint Lucia. - (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) to the extent that the law in question authorises—
- (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 or she 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 upon the remission of any sum of money in order to prevent or regulate the transfer to a country outside Saint Lucia of capital raised in Saint Lucia or in some other country or derived from the natural resources of Saint Lucia.
- (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)—
(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, tenancy, mortgage, hypothec, charge, bill of sale, pledge or contract,
- (iv)
- in the execution of judgments or orders of a court in proceedings for the determination 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, animals 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
Revision Date: 31 Dec 2001
inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation 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 of 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 18 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
Revision Date: 31 Dec 2001
for public purposes in which no monies have been invested other than monies provided 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.
7. PROTECTION FROM ARBITRARY SEARCH OR ENTRY
- (1)
- Except with his or her own consent, a person shall not be subjected to the search of his or her person or his or her property or the entry by others on his or her 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 required in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development and utilisation of mineral resources or the development or utilisation of any property for a purpose beneficial to the community;
- (b)
- that is reasonably required for the purpose of protecting the rights or freedoms of other persons;
- (c)
- that authorises an officer or agent of the Government, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the Government or to that authority or body corporate, as the case may be; or
- (d)
- that authorises, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of
Revision Date: 31 Dec 2001
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.
8. PROVISIONS TO SECURE PROTECTION OF LAW
- (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 or she is proved or has pleaded guilty;
- (b)
- shall be informed as soon as reasonably practicable, in a language that he or she understands and in detail, of the nature of the offence charged;
- (c)
- shall be given adequate time and facilities for the preparation of his or her defence;
- (d)
- shall be permitted to defend himself or herself before the court in person or, at his or her own expense, by a legal practitioner of his or her own choice;
- (e)
- shall be afforded facilities to examine in person or by his or her 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 or her 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 or she cannot understand the language used at the trial,
and except with his or her own consent the trial shall not take place in his or her absence unless he or she so conducts himself or herself as to render the continuance of the proceedings in his or her presence impracticable and the court has ordered him or her to be removed and the trial to proceed in his or her absence:
Revision Date: 31 Dec 2001
Provided that the trial may take place in his or her absence in any case in which it is so provided by a law under which he or she is entitled to adequate notice of the charge and the date, time and place of the trial and a reasonable opportunity of appearing before the court. - (3)
- When a person is tried for any criminal offence, the accused person or any person authorised by him or her in that behalf shall, if he or she 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 copy 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 degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed.
- (5)
- A person who shows that he or she has been tried by a competent court for a criminal offence and either convicted or acquitted shall not again be tried for that offence or for any other criminal offence of which he or she 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 or she shows that he or she 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.
- (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 court or other authority, the case shall be given a fair hearing within a reasonable time.
- (9)
- Where the existence or extent of any civil right or obligation has been determined in proceedings in any court or before any other authority any party to those proceedings shall, if he or she
Revision Date: 31 Dec 2001
so requires and 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 in subsection (10) 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 in interlocutory proceedings or in the interests of public morality, the welfare of persons under the age of 18 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) 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) 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) to the extent that the law in question authorises 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
Revision Date: 31 Dec 2001
so trying such a member and convicting him or her shall in sentencing him or her to any punishment take into account any punishment awarded him or her under that disciplinary law. - (13)
- In the case of any person who is held in lawful detention the provisions of subsection (1), (2)(d), (2)(e) and (3) shall not apply in relation to his or her 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.
9. PROTECTION OF FREEDOM OF CONSCIENCE
- (1)
- Except with his or her own consent, a person shall not be hindered in the enjoyment of his or her freedom of conscience, including freedom of thought and of religion, freedom to change his or her religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his or her religion or belief in worship, teaching, practice and observance.
- (2)
- Except with his or her own consent (or, if he or she is a person under the age of 18 years, the consent of his or her guardian) a person attending any place of education, detained in any prison or corrective institution or serving in a naval, military or air force shall not be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction ceremony or observance relates to a religion which is not his or her 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; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided by that community whether or not it is in receipt of a government subsidy or other form of financial assistance designed to meet in whole or in part the cost of such course of education.
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(4) A person shall not be compelled to take any oath which is contrary to his or her religion or belief or to take any oath in a manner which is contrary to his or her 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 practise any religion without the unsolicited intervention of members of any other religion; or
- (c)
- for the purpose of regulating educational institutions in the interests of the persons who receive or may 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 in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly.
10. PROTECTION OF FREEDOM OF EXPRESSION
- (1)
- Except with his or her own consent, a person shall not be hindered in the enjoyment of his or her 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 or her 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;
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(b) that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the 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 proper performance of their functions,
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.
11. PROTECTION OF FREEDOM OF ASSEMBLY AND ASSOCIATION
- (1)
- Except with his or her own consent, a person shall not be hindered in the enjoyment of his or her freedom of assembly and association, that is to say, his or her right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his or her interests or to form or belong to political parties or other political associations.
- (2)
- Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes 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 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.
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12. PROTECTION OF FREEDOM OF MOVEMENT
(1) A person shall not be deprived of his or her freedom of movement that is to say, the right to move freely throughout Saint Lucia, the right to reside in any part of Saint Lucia, the right to enter Saint Lucia, the right to leave Saint Lucia and immunity from expulsion from Saint Lucia. (2) Any restriction on a person’s freedom of movement that is involved in his or her 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 Lucia of any person or on any person’s right to leave Saint Lucia 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 Lucia or on the right to leave Saint Lucia 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 Lucia, of securing compliance with any international obligation of the Government particulars of which have been laid before the Senate and the House 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;
- (c)
- for the imposition of restrictions, by order of a court, on the movement or residence within Saint Lucia of any person or on any person’s right to leave Saint Lucia either in consequence of his or her having been found guilty of a criminal offence under a law or for the purpose of ensuring that he or she appears before a court at a later date for trial of such a criminal offence or for proceedings preliminary to trial or for proceedings relating to his or her extradition or lawful removal from Saint Lucia;
- (d)
- for the imposition of restrictions on the freedom of movement of any person who is not a citizen;
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(e) for the imposition of restrictions on the acquisition or use by any person of land or other property in Saint Lucia; (f) for the imposition of restrictions upon the movement or residence within Saint Lucia or on the right to leave Saint Lucia of any public officer that are reasonably required for the proper performance of his or her functions; (g) for the removal of a person from Saint Lucia 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 or she has been convicted; or (h) for the imposition of restrictions on the right of any person to leave Saint Lucia that are reasonably required in order to secure the fulfilment 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) so requests at any time during the period of that restriction not earlier than 21 days after the order was made or 3 months after he or she last made such a request, as the case may be, his or her 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 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.
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13. PROTECTION FROM DISCRIMINATION ON THE GROUNDS OF RACE, ETC
(1) Subject to the provisions of subsections (4), (5) and (7), 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), no person shall be treated in a discriminatory manner by any person or authority. (3) In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by sex, race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description. - (4)
- Subsection (1) shall not apply to any law so 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) (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons of that description;
- (d)
- whereby persons of any such description as is mentioned in subsection (3) 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) to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to sex, race, place of origin, political opinions, colour or creed) to be
Revision Date: 31 Dec 2001
required of any person who is appointed to or to act in any office or employment. - (6)
- Subsection (2) shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or (5).
- (7)
- Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection
(3) may be subjected to any restriction on the rights and freedoms guaranteed by sections 7, 9, 10, 11 and 12, being such a restriction as is authorised by section 7(2), 9(5), 10(2), 11(2), 12(3)(a), 12(3)(b) or 12(3)(h), as the case may be.
- (8)
- Nothing contained in subsection (2) 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.
14. EMERGENCY POWERS
- (1)
- Without prejudice to the powers of Parliament, but subject to the provisions of this section, where any period of public emergency exists, the Governor General may, due regard being had to the circumstances of any situation likely to arise or exist during such period, make regulations for the purpose of dealing with that situation and issue orders and instructions for the purpose of the exercise of any powers conferred on him or her or any other person by any law referred to in subsection (3) or instrument made under this section or any such law.
- (2)
- Without prejudice to the generality of subsection (1) regulations made under that subsection may make provision for the detention of persons.
- (3)
- A law enacted by Parliament that is passed during a period of public emergency and is expressly declared to have effect only during that period or any regulation made under subsection (1) shall have effect even though inconsistent with sections 3 or 13 except in so far as its provisions may be shown not to be reasonably justifiable for the purpose of dealing with the situation that exists during that period.
Revision Date: 31 Dec 2001
15. PROTECTION OF PERSONS DETAINED UNDER EMERGENCY LAWS
(1) When a person is detained by virtue of any such law as is referred to in section 14 the following provisions shall apply, that is to say— - (a)
- he or she shall, with reasonable promptitude and in any case not more than 7 days after the commencement of his or her detention, be informed in a language that he or she understands and in detail of the grounds upon which he or she is detained and furnished with a written statement in English specifying those grounds in detail;
- (b)
- not more than 14 days after the commencement of his or her detention, a notification shall be published in the Official Gazette stating that he or she has been detained and giving particulars of the provision of law under which his or her detention is authorised;
- (c)
- not more than one month after the commencement of his or her detention and thereafter during his or her detention at intervals of not more than 3 months, his or her case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among persons who are legal practitioners;
- (d)
- he or she shall be afforded reasonable facilities for private communication and consultation with a legal practitioner of his or her 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 or her case by the tribunal appointed for the review of his or her case he or she shall be permitted to appear in person or to be represented by a legal practitioner of his or her own choice.
(2) On any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his or her detention to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.
Revision Date: 31 Dec 2001
(3) Nothing contained in subsection (1)(d) or (1)(e) shall be construed as entitling a person to legal representation at public expense.
16. ENFORCEMENT OF PROTECTIVE PROVISIONS
- (1)
- If any person alleges that any of the provisions of sections 2 to 15 inclusive has been, is being or is likely to be contravened in relation to him or her (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the 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); and
- (b)
- to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3),
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):
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 proceedings 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), the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the High Court unless, in his or her 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), 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, if that
Revision Date: 31 Dec 2001
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 it 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 powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the High Court).
17. DECLARATION OF EMERGENCY
- (1)
- The Governor General may, by proclamation which shall be published in the Official Gazette, declare that a state of emergency exists 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 of the imminence of a state of war between Saint Lucia and a foreign state;
- (b)
- that a public emergency has arisen as a result of the occurrence of any 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 Parliament is sitting, at the expiration of a period of 7 days beginning with the date of publication of the declaration; and
- (b)
- in any other case, at the expiration of a period of 21 days beginning with the date of publication of the declaration,
Revision Date: 31 Dec 2001
unless it has in the meantime been approved by resolutions of the Senate and the House. - (4)
- A declaration of emergency may at any time be revoked by the Governor General by proclamation that shall be published in the Official Gazette.
- (5)
- A declaration of emergency that has been approved by resolutions of the Senate and the House in pursuance of subsection (3) shall remain in force so long as both those resolutions remain in force and no longer.
- (6)
- A resolution of the Senate or the House passed for the purposes of this section shall remain in force for 12 months or such shorter period as may be specified therein.
However, any such resolution may be extended from time to time by a further such resolution, each extension not exceeding 12 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 purposes of subsection (3) 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 a majority of all the members of the House.
- (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.
18. INTERPRETATION AND SAVINGS
(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 Lucia other than a court established by a disciplinary law, and includes Her Majesty in Council and in sections 2 and 4 a court established by a disciplinary law;
“disciplinary law” means a law regulating the discipline of any disciplined force;
Revision Date: 31 Dec 2001
“disciplined force” means— - (a)
- a naval, military or air force;
- (b)
- the Police Force;
- (c)
- a prison service; or
- (d)
- any such other force or service as may be prescribed by Parliament.
“legal practitioner” means a person entitled to be in or to enter Saint Lucia and entitled to practise as a barrister in Saint Lucia or, except in relation to proceedings before a court in which a solicitor has no right of audience, entitled to practise as a solicitor in Saint Lucia;
“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)
- there is in force a proclamation by the Governor General declaring that a state of public emergency exists; or
- (c)
- there is in force a resolution of the House supported by the votes of not less than ⅔ of all the members of the House declaring that democratic institutions in Saint Lucia are threatened by subversion.
- (3)
- In relation to any person who is a member of a disciplined force of Saint Lucia, 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.
- (4)
- In relation to any person who is a member of a disciplined force of a country other than Saint Lucia that is lawfully present in Saint Lucia, 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.
Revision Date: 31 Dec 2001
CHAPTER II THE GOVERNOR GENERAL
19. ESTABLISHMENT OF OFFICE
There shall be a Governor General of Saint Lucia who shall be a citizen appointed by Her Majesty and shall hold office during Her Majesty’s pleasure and who shall be Her Majesty’s representative in Saint Lucia.
20. ACTING GOVERNOR GENERAL
- (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 Lucia or is for any other reason unable to perform the functions of his or her office those functions shall be performed by such person as Her Majesty may appoint.
- (2)
- Any such person as aforesaid shall not continue to perform the functions of the office of Governor General if the holder of the office of Governor General or some other person having a prior right to perform the functions of that office has notified him or her that he or she 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 Lucia or as unable to perform the functions of his or her office—
- (a)
- by reason that he or she is in passage from one part of Saint Lucia to another; or
- (b)
- at any time when there is a subsisting appointment of a deputy under section 22.
21. OATHS
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.
22. DEPUTY TO GOVERNOR GENERAL
(1) Whenever the Governor General—
Revision Date: 31 Dec 2001
(a) has occasion to be absent from the seat of government but not from Saint Lucia; (b) has occasion to be absent from Saint Lucia for a period which he or she considers, acting in his or her own deliberate judgment, will be of short duration; or (c) is suffering from an illness which he or she considers, acting in his or her own deliberate judgment, will be of short duration,
he or she may, acting in accordance with the advice of the Prime Minister, appoint any person in Saint Lucia to be his or her deputy during such absence or illness and in that capacity to perform on his or her behalf such of the functions of the office of Governor General as may be specified in the instrument by which he or she is appointed.
- (2)
- The power and authority of the Governor General shall not be abridged, altered or in any way affected by the appointment of a deputy under this section, and, subject to the provisions of this Constitution, a deputy shall conform to and observe all instructions that the Governor General, acting in his or her own deliberate judgment, may from time to time address to him or her:
Provided that the question whether or not a deputy has conformed to and observed any such instructions shall not be enquired into by any court of law.
- (3)
- A person appointed as deputy under this section shall hold that appointment for such period as may be specified in the instrument by which he or she is appointed, and his or her 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
Revision Date: 31 Dec 2001
23. ESTABLISHMENT
There shall be a Parliament of Saint Lucia which shall consist of Her Majesty, a Senate and a House of Assembly.
The Senate
24. COMPOSITION
(1) The Senate shall consist of 11 Senators and such other Senators as may be temporarily appointed under section 28. - (2)
- Of the 11 Senators—
- (a)
- 6 shall be appointed by the Governor General, acting in accordance with the advice of the Prime Minister;
- (b)
- 3 shall be appointed by the Governor General, acting in accordance with the advice of the Leader of the Opposition; and
- (c)
- 2 shall be appointed by the Governor General, acting in his or her own deliberate judgment after he or she has consulted those religious, economic or social bodies or associations from which he or she considers that such Senators should be selected.
25. QUALIFICATIONS
Subject to the provisions of section 26, a person shall be qualified to be appointed as a Senator if, and shall not be so qualified unless, he or she— - (a)
- is a Commonwealth citizen who has attained the age of 21 years; (Amended by Act 17 of 1980)
- (b)
- has been ordinarily resident in Saint Lucia for a period of 5 years immediately before the date of his or her appointment; and
- (c)
- is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with sufficient proficiency to enable him or her to take an active part in the proceedings of the Senate.
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26. DISQUALIFICATIONS
(1) No person shall be qualified to be appointed as a Senator if, at the date of his or her appointment, he or she— - (a)
- is, by virtue of his or her own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state;
- (b)
- is a minister of religion (except in the case of an appointment under section 24(2)(c));
- (c)
- is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth;
- (d)
- is a person certified to be insane or otherwise adjudged to be of unsound mind under any such law;
- (e)
- is under sentence of death imposed on him or her by a court of law in any part of the Commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding 12 months imposed on him or her by such a court or substituted by competent authority for some other sentence imposed on him or her by such a court, or is under such a sentence of imprisonment the execution of which has been suspended; or
- (f)
- subject to such exceptions and limitations as may be prescribed by Parliament, has any such interest in any such government contract as may be prescribed.
(2) If it is so provided by Parliament, a person who is convicted by any court of any offence that is prescribed by Parliament and that is connected with the election of members of the House or who is reported guilty of such an offence by the court trying an election petition shall not be qualified, for such period (not exceeding 5 years) following his or her conviction or, as the case may be, following the report of the court as may be so prescribed, to be appointed as a Senator. (3) No person shall be qualified to be appointed as a Senator who is a member or is nominated as a candidate for election to the House. (4) If it is so provided by Parliament, and subject to such exceptions and limitations (if any) as Parliament may prescribe, a person shall not be qualified to be appointed as a Senator if, at the date of his or her appointment—
Revision Date: 31 Dec 2001
(a) he or she holds or is acting in any office or appointment (whether specified individually or by reference to a class of office or appointment); (b) he or she belongs to any of the armed forces of the Crown or to any class of person that is comprised in any such force; or (c) he or she belongs to any police force or to any class of person that is comprised in any such force.
(5) In subsection (1)—
“contract” means any contract made with the Government or with a department of the Government or with an officer of the Government contracting as such;
“minister of 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 of subsection (1)(e)—
- (a)
- 2 or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds 12 months, but if any one of such sentences exceeds that term they shall be regarded as one 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.
27. TENURE OF OFFICE
- (1)
- A Senator shall vacate his or her seat in the Senate at the next dissolution of Parliament after his or her appointment.
- (2)
- A Senator shall also vacate his or her seat in the Senate—
- (a)
- if he or she is absent from the sittings of the Senate for such period and in such circumstances as may be prescribed in the rules of procedure of the Senate;
- (b)
- if he or she ceases to be a Commonwealth citizen;
- (c)
- if, with his or her consent, he or she is nominated as a candidate for election to the House or if he or she is elected to be a member of the House;
(d) subject to the provisions of subsection (3), if any other circumstances arise that, if he or she were not a Senator, would cause him or her to be disqualified to be appointed as such by virtue of section 26(1) or by virtue of any law enacted in pursuance of section 26(2) or 26(4); or (e) if the Governor General, acting in accordance with the advice of the Prime Minister in the case of a Senator appointed under section 24(2)(a) or in accordance with the advice of the Leader of the Opposition in the case of a Senator appointed under section 24(2)(b) or in his or her own deliberate judgment after such consultation as is specified in section 24(2)(c) in the case of a Senator appointed under that paragraph, declares the seat of that Senator to be vacant. (3) (a) If any circumstances such as are referred to in subsection (2)(d) arise because any Senator is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if it is open to the Senator to appeal against the decision (either with the leave of a court or other authority or without such leave), he or she shall cease to perform his or her functions as a member of the Senate but, subject to the provisions of this section, he or she shall not vacate his or her seat until the expiration of a period of 30 days thereafter: Provided that the President may, at the request of the Senator, from time to time, extend that period for further periods of 30 days to enable the Senator to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate 150 days shall not be given without the approval, signified by resolution, of the Senate. (b) If on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the Senator, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the Senator to appeal, he or she shall vacate his or her seat.
Revision Date: 31 Dec 2001
(c) If at any time before the Senator vacates his or her seat such circumstances as aforesaid cease to exist, his or her seat shall not become vacant on the expiration of the period referred to in paragraph (a) and he or she may resume the performance of his or her functions as a member of the Senate.
28. INABILITY
- (1)
- If the Governor General considers that a Senator is, by reason of his or her illness or absence from Saint Lucia, unable to perform his or her functions as a member of the Senate the Governor General may—
- (a)
- declare that that Senator is so unable; and
- (b)
- appoint a person to be a Senator for the period of that Senator’s inability to perform his or her functions.
- (2)
- A Senator who has been declared, in accordance with the provisions of subsection (1), to be unable to perform his or her functions as a member of the Senate shall not take part in the proceedings of the Senate until he or she is declared by the Governor General again to be able to perform those functions.
- (3)
- Without prejudice to the provisions of section 27 a Senator appointed under this section shall vacate his or her seat in the Senate when the Senator on account of whose inability to perform his or her functions he or she was appointed is again declared to be able to perform his or her functions or if that Senator vacates his or her seat.
- (4)
- In the exercise of the powers conferred on him or her by this section the Governor General shall act—
- (a)
- in accordance with the advice of the Prime Minister in relation to a Senator appointed in pursuance of section 24(2)(a);
- (b)
- in accordance with the advice of the Leader of the Opposition in relation to a Senator appointed in pursuance of section 24(2)(b); and
- (c)
- in his or her own deliberate judgment after such consultation as is specified in section 24(2)(c) in relation to a Senator appointed in pursuance of section 24(2)(c).
Revision Date: 31 Dec 2001
29. PRESIDENT AND DEPUTY PRESIDENT
(1) When the Senate first meets after any dissolution of Parliament and before it proceeds to the despatch of any other business, it shall elect a Senator, not being a Minister or a Parliamentary Secretary, to be President of the Senate; and whenever the office of President is vacant otherwise than by reason of a dissolution of Parliament, the Senate shall, not later than its second sitting after the vacancy has arisen, elect another Senator to fill that office. (2) When the Senate first meets after any dissolution of Parliament, it shall, as soon as practicable, elect a Senator, not being a Minister or a Parliamentary Secretary, to be Deputy President of the Senate; and whenever the office of Deputy President becomes vacant, the Senate shall, as soon as convenient, elect another Senator to fill that office. - (3)
- A person shall vacate the office of President or Deputy President—
- (a)
- if he or she ceases to be a Senator: provided that, the President shall not vacate his or her office by reason only that he or she has ceased to be a
Senator on a dissolution of Parliament until the Senate first meets after that dissolution;
- (b)
- if he or she is appointed to be a Minister or a Parliamentary Secretary; or
- (c)
- in the case of the Deputy President, if he or she is elected to be President.
(4)
(a) If, by virtue of section 27(3)(a), the President or Deputy President is required to cease to perform his or her functions as a member of the Senate he or she shall also cease to perform his or her functions as President or Deputy President, as the case may be, and those functions shall, until he or she vacates his or her seat in the Senate or resumes the performance of the functions of his or her office, be performed—
(i) in the case of the President, by the Deputy President or, if the office of Deputy President is vacant or the Deputy President is required to cease to perform his or her functions as a member of the Senate by virtue
Revision Date: 31 Dec 2001
of section 27(3), by such Senator (not being a Minister or a Parliamentary Secretary) as the Senate may elect for the purpose,
(ii) in the case of the Deputy President, by such Senator (not being a Minister or a Parliamentary Secretary) as the Senate may elect for the purpose.
(b) If the President or Deputy President resumes the performance of his or her functions as a member of the Senate, in accordance with the provisions of section 27(3)(c), he or she shall also resume the performance of his or her functions as President or Deputy President, as the case may be.
The House of Assembly
30. COMPOSITION
- (1)
- The House shall consist of such number of members as corresponds with the number of constituencies established in accordance with the provisions of section 58, who shall be elected in accordance with the provisions of section 33.
- (2)
- If a person who is not a member of the House is elected to be Speaker he or she shall, by 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.
31. QUALIFICATIONS FOR ELECTION
Subject to the provisions of section 32, a person shall be qualified to be elected as a member of the House if, and shall not be so qualified unless, he or she— - (a)
- is a citizen of the age of 21 years or upwards;
- (b)
- was born in Saint Lucia and is domiciled and resident there at the date of his or her nomination or, having been born elsewhere, has resided there for a period of 12 months immediately before that date; and
Revision Date: 31 Dec 2001
(c) is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with a degree of proficiency sufficient to enable him or her to take an active part in the proceedings of the House.
32. DISQUALIFICATIONS FOR ELECTION
- (1)
- A person shall not be qualified to be elected as a member of the House (hereinafter in this section referred to as a member) if he or she—
- (a)
- is by virtue of his or her own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state;
- (b)
- is a minister of religion;
- (c)
- is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth;
- (d)
- is a person certified to be insane or otherwise adjudged to be of unsound mind under any such law;
- (e)
- is under sentence of death imposed on him or her by a court of law in any part of the Commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding 12 months imposed on him or her by such a court or substituted by competent authority for some other sentence imposed on him or her by such a court, or is under such a sentence of imprisonment the execution of which has been suspended; or
- (f)
- subject to such exceptions and limitations as may be prescribed by Parliament, has an interest in any government contract.
- (2)
- If it is so provided by Parliament, a person shall not be qualified to be elected as a member if he or she 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 voters for the purpose of electing members.
- (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 members or who is
Revision Date: 31 Dec 2001
reported guilty of such an offence by the court trying an election petition shall not be qualified, for such period (not exceeding 7 years) following his or her conviction or, as the case may be, following the report of the court as may be so prescribed, to be elected as a member. - (4)
- A person shall not be qualified to be elected as a member if he or she is a Senator.
- (5)
- If it is so provided by Parliament and subject to such exceptions and limitations (if any) as Parliament may prescribe, a person shall not be qualified to be elected as a member if—
- (a)
- he or she holds or is acting in any office or appointment (whether specified individually or by reference to a class of office or appointment);
- (b)
- he or she belongs to any of the armed forces of Saint Lucia or to any class of person that is comprised in any such force;
- (c)
- he or she belongs to any police force or to any class of person that is comprised in any such force; or
- (d)
- he or she has, within such period (not exceeding 3 years) as Parliament may prescribe, held or acted in any office or appointment the tenure of which would, by virtue of any provision made under this subsection, disqualify him or her for election as a member, being an office or appointment the emoluments of which exceed such amount as Parliament may prescribe.
- (6)
- In subsection (1)—
“government contract” means any contract made with the Government or with a department of the Government or with an officer of the Government contracting as such;
“minister of 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.
(7) For the purposes of subsection (1)(e)—
(a) 2 or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds 12 months,
Revision Date: 31 Dec 2001
but if any one of such sentences exceeds that term they shall be regarded as one 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.
33. ELECTIONS
- (1)
- Each of the constituencies established in accordance with the provisions of section 58 shall return one member to the House who 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 prescribed age who possesses such qualifications relating to residence or domicile in Saint Lucia as Parliament may prescribe shall, unless he or she is disqualified by Parliament from registration as a voter for the purpose of electing members of the House, 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 or she is disqualified by Parliament from voting in that constituency in any election of members of the House, be entitled so to vote, in accordance with the provisions of any law in that behalf, and no other person may so vote.
- (c)
- For the purposes of this subsection the prescribed age shall be the age of 21 years or such lower age, not being less than 18 years, as Parliament may prescribe.
- (3)
- In any election of members of the House the votes shall be given by ballot in such manner as not to disclose how any particular person votes.
34. TENURE OF OFFICE
(1) A member of the House (hereinafter in this section referred to as a member) shall vacate his or her seat in the House at the next dissolution of Parliament after his or her election.
Revision Date: 31 Dec 2001
(2) A member shall also vacate his or her seat in the House— - (a)
- if he or she 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 or she ceases to be a citizen; or
- (c)
- subject to the provisions of subsection (3), if any other circumstances arise that, if he or she were not a member, would cause him or her to be disqualified to be elected as such by virtue of section 32(1) or of any law enacted in pursuance of section 32(2), 32(3) or 32(5).
- (3)
- (a)
- If any circumstances such as are referred to in of subsection (2)(c) arise because any member is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if it is open to the member to appeal against the decision (either with the leave of a court of law or other authority or without such leave), he or she shall cease to perform his or her functions as a member but, subject to the provisions of this section, he or she shall not vacate his or her seat until the expiration of a period of 30 days thereafter:
Provided that the Speaker may, at the request of the member, from time to time extend that period for further periods of 30 days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate 150 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 or she shall vacate his or her seat.
- (c)
- If at any time before the member vacates his or her seat such circumstances aforesaid cease to exist, his or her seat shall not become vacant on the expiration of the period
Revision Date: 31 Dec 2001
referred to in paragraph (a) and he or she may resume the performance of his or her functions as a member.
(4) References in this section to a member do not include references to a Speaker who was elected from among persons who were not members of the House.
35. SPEAKER
- (1)
- When the House first meets after any general election of members 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 or she is not a Commonwealth citizen; or
- (b)
- he or she is a person disqualified to be elected as a member by virtue of section 32(1) or 32(4) or by virtue or any law enacted in pursuance of section 32(2), 32(3) or 32(5).
- (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 or she ceases to be a member of the House: provided that the Speaker shall not vacate his or her office by reason only that he or she ceased to be a member of the House on a dissolution of
Parliament, until the House first meets after the dissolution, or
Revision Date: 31 Dec 2001
(ii) if he or she 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 any dissolution of Parliament,
- (ii)
- if he or she ceases to be a Commonwealth citizen, or
(iii) if any circumstances arise that would cause him or her to be disqualified to be elected as a member by virtue of section 32(1) or 32(4) or by virtue of any law enacted in pursuance of section 32(2), 32(3) or 32(5).
- (5)
- If, by virtue of section 34(3), the Speaker (being an elected member of the House) is required to cease to perform his or her functions as a member of the House he or she shall also cease to perform his or her functions as Speaker; and if the Speaker resumes the performance of his or her functions as a member of the House, in accordance with the provisions of that section, he or she shall also resume the performance of his or her functions as Speaker.
- (6)
- At any time when, by virtue of section 34(3), the Speaker is unable to perform the functions of his or her office, those functions shall, until he or she vacates his or her seat in the House or resumes the performance of the functions of his or her office, be performed by the Deputy Speaker or, if the office of Deputy Speaker is vacant or the Deputy Speaker is required to cease to perform his or her functions as a member of the House by virtue of that subsection, 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.
36. DEPUTY SPEAKER
(1) When the House first meets after any general election of members 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 Deputy Speaker of the House and if the office of Deputy Speaker falls vacant at
Revision Date: 31 Dec 2001
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 or she ceases to be a member of the House;
- (b)
- if he or she becomes a member of the Cabinet or a Parliamentary Secretary; or
- (c)
- if he or she is elected to be Speaker.
- (3)
- If, by virtue of section 34(3), the Deputy Speaker is required to cease to perform his or her functions as a member of the House he or she shall also cease to perform his or her functions as Deputy Speaker and if the Deputy Speaker resumes the performance of his or her functions as a member of the House, in accordance with the provisions of that section, he or she shall also resume the performance of his or her functions as Deputy Speaker.
- (4)
- At any time when, by virtue of section 34(3), the Deputy Speaker is unable to perform the functions of his or her office, those functions shall, until he or she vacates his or her seat in the House or resumes the performance of the functions of his or her 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.
37. RESPONSIBILITY FOR ELECTIONS
- (1)
- The Electoral Commission shall be responsible for the registration of voters for the purpose of electing members of the House and for the conduct of elections of members of the House and shall have such powers and other functions relating to such registration and elections as may be prescribed by law.1
- (2)
- In the discharge of its functions the Electoral Commission shall be assisted by a Chief Elections Officer, whose office shall be a public office, and the Commission may give such directions as it considers necessary or expedient to the Officer, who shall comply with such directions or cause them to be complied with.
1 See Elections Act.
Revision Date: 31 Dec 2001
(3)
For the purposes of the exercise of his or her functions under subsection (2), the Chief Elections Officer may give such directions as he or she considers necessary or expedient to any registering officer, presiding officer or returning officer relating to the exercise by that officer of his or her functions under any law regulating 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. (4) The Electoral Commission may make such reports to the Governor General concerning the matters for which it is responsible under this section or any draft bill or instrument that is referred to it under section 52, as it may think fit and if the Commission so requests in any such report other than a report on a draft bill or instrument that report shall be laid before the House. (5) Without prejudice to the provisions of subsection (2), in the exercise of his or her functions under this section the Chief Elections Officer shall not be subject to the direction or control of any other person or authority. (6) The question whether the Chief Elections Officer has acted in accordance with the directions of the Electoral Commission shall not be enquired into in any court of law.
General provisions
38. CLERKS OF SENATE AND HOUSE OF ASSEMBLY AND THEIR STAFF
- (1)
- There shall be a Clerk of the Senate and a Clerk of the House:
Provided that the offices of Clerk of the Senate and Clerk of the House may be held by the same person.
- (2)
- Subject to the provisions of any law enacted by Parliament the offices of Clerk of the Senate and Clerk of the House and the members of their staff shall be public offices.
39. DETERMINATION OF QUESTIONS OF MEMBERSHIP
(1) The High Court shall have jurisdiction to hear and determine any question whether— - (a)
- any person has been validly elected as a member of the House;
- (b)
- any person has been validly 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 or has vacated the office of Speaker;
- (d)
- any Senator or any elected member of the House has vacated his or her seat or is required, under the provisions of section 27(3) or 34(3), to cease to perform any of his or her functions as a member of the Senate or of the House.
- (2)
- An application to the High Court for the determination of any question under subsection (1)(a) may be made by any person entitled to vote in the election to which the application relates or 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 (1)(c) may be made by any registered voter or by the Attorney General.
- (4)
- An application to the High Court for the determination of any question under subsection (1)(d) may be made—
- (a)
- by a registered voter or by the Attorney General; or
- (b)
- in relation to the Senate, by a Senator and in relation to the House, by a member of the House.
- (5)
- If any application 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)
- 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 in relation to any such application shall be regulated by such provision as may be made by Parliament.
- (7)
- 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).
Revision Date: 31 Dec 2001
(8) No appeal shall lie from any decision of the Court of Appeal in exercise of the jurisdiction conferred by subsection (7) 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). (9) In the exercise of his or her functions under this section, the Attorney General shall not be subject to the direction or control of any other person or authority. (10) In this section “registered voter” means a person registered as a voter in accordance with section 33(2)(a).
PART 2 LEGISLATION AND PROCEDURE OF PARLIAMENT
40. POWER TO MAKE LAWS
Subject to the provisions of this Constitution Parliament may make laws for the peace, order and good government of Saint Lucia.
41. ALTERATION OF CONSTITUTION AND SUPREME COURT ORDER
- (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 this section, Schedule 1 to this Constitution or any of the provisions of this Constitution specified in Part I of that Schedule or any of the provisions of the Supreme Court Order specified in Part II of that Schedule shall not be regarded as being passed by the House unless on its final reading in the House the bill is supported by the votes of not less than ¾ of all the members of the House.
- (3)
- A bill to alter any of the provisions of this Constitution or, as the case may be, of the Supreme Court Order other than those referred to in subsection (2) shall not be regarded as being passed by the House unless on its final reading in the House the bill is supported by the votes of not less than ⅔ of all the members of the House.
Revision Date: 31 Dec 2001
(4) An amendment made by the Senate to a bill to which subsection (2) applies shall not be regarded as being agreed to by the House for the purposes of section 50 unless such agreement is signified by resolution supported by the votes of not less than ¾ of all the members of the House. - (5)
- An amendment made by the Senate to a bill to which subsection
(3) applies shall not be regarded as being agreed to by the House for the purposes of section 50 unless such agreement is signified by resolution supported by the votes of not less than ⅔ of all the members of the House.
- (6)
- A bill to alter any of the provisions of this Constitution or the Supreme Court Order shall not be submitted to the Governor General for his or her assent—
- (a)
- unless there has been an interval of not less than 90 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)
- if the bill provides for the alteration of this section, Schedule I to this Constitution or any of the provisions of this Constitution or the Supreme Court Order specified in that Schedule, unless after it has been passed by the Senate and the House or, in the case of a bill to which section 50 applies, after its rejection by the Senate for the second time, the bill has been approved on a referendum, held in accordance with such provision as may be made in that behalf by Parliament, by a majority of the votes validly cast on that referendum.
- (7)
- The provisions of subsection (6)(b) shall not apply in relation to any bill to alter—
- (a)
- section 107 in order to give effect to any agreement between Saint Lucia and the United Kingdom concerning appeals from any court having jurisdiction in Saint Lucia to Her Majesty in Council;
- (b)
- any of the provisions of the Supreme Court Order in order to give effect to any international agreement to which Saint Lucia 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
Revision Date: 31 Dec 2001
common for Saint Lucia and for other countries also parties to the agreement. - (8)
- Every person who, at the time when the referendum is held, would be entitled to vote for the purpose of electing members of the House 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.
- (9)
- In any referendum for the purposes of this section the votes shall be given by ballot in such manner as not to disclose how any particular person votes.
- (10)
- The conduct of any referendum for the purposes of this section shall be the responsibility of the Electoral Commission and the provisions of sections 37 and 52 shall apply in relation to the referendum as they apply in relation to elections of members of the House and legislation relating thereto.
- (11)
- (a)
- A bill to alter any of the provisions of this Constitution or the Supreme Court Order shall not be submitted to the Governor General for his or her assent unless it is accompanied by a certificate under the hand of the Speaker that the provisions of subsection (2), (3), (4) or (5), as the case may be, have been complied with and, where a referendum has been held in pursuance of subsection (6)(b), by a certificate under the hand of the Chief Elections Officer stating the results of the referendum.
- (b)
- The certificate of the Speaker under this subsection shall be conclusive that the provisions of subsection (2), (3),
(4) or (5), as the case may be, 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 or her office and no other person is performing them, include references to the Deputy Speaker.
- (12)
- In this section and Schedule I 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.
Revision Date: 31 Dec 2001
42. FREEDOM OF SPEECH
Without prejudice to any provision made by Parliament relating to the powers, privileges and immunities of the Senate or the House and the committees thereof, or the privileges and immunities of the members and officers of the Senate or the House and of other persons concerned in the business of the Senate or the House or the committees thereof, no civil or criminal proceedings may be instituted against any member of the Senate or the House for words spoken before, or written in a report to, the Senate or the House or a committee thereof or by reason of any matter or thing brought by him or her therein by petition, bill, resolution, motion or otherwise.
43. OATH BY MEMBERS
- (1)
- Every member of the Senate or the House shall, before taking his or her seat therein, take and subscribe before the Senate or the House, as the case may be, the oath of allegiance but a member may before taking that oath take part in the election of the President or Speaker.
- (2)
- Any person elected to the office of President or Speaker shall, if he or she has not already taken and subscribed the oath of allegiance under subsection (1), take and subscribe that oath before the Senate or the House, as the case may be, before entering upon the duties of his or her office.
44. PRESIDING
There shall preside at any sitting of the Senate or the House— - (a)
- the President or Speaker;
- (b)
- in the absence of the President or Speaker, the Deputy President or Deputy Speaker; or
- (c)
- in the absence of the President or Speaker and the Deputy President or Deputy Speaker, such member thereof (not being a member of the Cabinet or a Parliamentary Secretary) as the Senate or the House, as the case may be, may elect for that purpose.
Revision Date: 31 Dec 2001
45. VOTING
(1) Save as otherwise provided in sections 17(7), 18(2), 41(2), 41(3), 41(4) and 41(5), any question proposed for decision in the Senate or the House shall be determined by a majority of the votes of the members present and voting. (2) A question shall not be regarded as having been validly determined by a vote in the Senate or the House unless at least 6 members, or such greater number of members as Parliament may prescribe, take part in the voting. (3) The reference to all the members of the House in sections 17(7), 18(2), 41(2), 41(3), 41(4) and 41(5) shall not include the Speaker if he or she was elected from among persons who were not members of the House. - (4)
- The President or other Senator presiding in the Senate and 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 are equally divided, in which case he or she 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 41(2) or 41(3) or the question of a motion for such a resolution as is referred to in section 41(4) or 41(5) a Speaker who was so elected or other member presiding in the House shall 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. (6) If, upon any question before the House the votes of the members are equally divided and no casting vote may be exercised, the motion shall be lost.
46. PENALTY FOR SITTING IF UNQUALIFIED
(1) Any person who sits or votes in the Senate or the House knowing or having reasonable grounds for knowing that he or she is not entitled to do so shall be guilty of an offence and liable to a fine not exceeding $100, or such other sum as may be prescribed by Parliament, for each day on which he or she so sits or votes.
Revision Date: 31 Dec 2001
(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.
47. MODE OF EXERCISE OF LEGISLATIVE POWER
- (1)
- The power of Parliament to make laws shall be exercised by bills passed by the Senate and the House (or in the cases mentioned in sections 49 and 50 by the House) and assented to by the Governor General.
- (2)
- When a bill is submitted to the Governor General for assent in accordance with the provisions of this Constitution he or she shall signify that he or she assents.
- (3)
- When the Governor General assents to a bill that has been submitted to him or her 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.
48. RESTRICTIONS WITH REGARD TO CERTAIN FINANCIAL MEASURES
- (1)
- A bill other than a money bill may be introduced in the Senate or the House; a money bill shall not be introduced in the Senate.
- (2)
- Except on the recommendation of the Governor General signified by a Minister, neither the Senate nor the House shall—
(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
Revision Date: 31 Dec 2001
Lucia 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 Lucia 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 Crown; 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.
49. RESTRICTIONS ON POWERS OF SENATE AS TO MONEY BILLS
- (1)
- If a money bill, having been passed by the House and sent to the Senate at least one month before the end of the session, is not passed by the Senate without amendment within one month after it is sent to the Senate, the bill shall, unless the House otherwise resolves, be presented to the Governor General for his or her assent notwithstanding that the Senate has not consented to the bill.
- (2)
- There shall be endorsed on every money bill when it is sent to the Senate the certificate of the Speaker signed by him or her that it is a money bill; and there shall be endorsed on any money bill that is submitted to the Governor General for assent in pursuance of subsection (1) the certificate of the Speaker signed by him or her that it is a money bill and the provisions of that subsection have been complied with.
50. RESTRICTIONS ON POWERS OF SENATE AS TO BILLS OTHER THAN MONEY BILLS
(1) This section applies to any bill other than a money bill that is passed by the House in 2 successive sessions (whether or not Parliament is dissolved between those sessions) and, having been sent to the Senate in each of those sessions at least one month before the end of the session, is rejected by the Senate in each of those sessions.
CONSTITUTION OF SAINT LUCIA
Revised Edition
Revised Edition
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Act.
This edition contains a consolidation of the following laws—
CONSTITUTION OF SAINT LUCIA
HOUSE OF ASSEMBLY (REVIEW OF CONSTITUENCY BOUNDARIES) ORDERS – Section 58
Statutory Instrument 39/1973 .. in force 30 November 1973 (S.I.42/1973) Statutory Instrument 9/1987 in force 11 March 1987 (S.I.11/1987)
Statutory Instrument 51/2001 in force 12 November 2001 (S.I.123/2001)
Statutory Instrument 21/1982 .. in force 27 March 1982 (Gazette notice 227/1982)
Statutory Instrument 1978 No. 1901 (U.K.) .. in force 22 February 1979
LETTERS PATENT Gazette Notice 963/1986.. in force 13 December 1986 Gazette Notice 964/1986.. in force 13 December 1986 Gazette Notice 965/1986.. in force 13 December 1986 Gazette Notice 971/1986.. in force 13 December 1986 Gazette Notice 972/1986.. in force 13 December 1986 Gazette Notice 975/1986.. in force 13 December 1986
CHAPTER 1.01 CONSTITUTION OF SAINT LUCIA
Section
2. Protection of right to life ..................................................................................... 10
3. Protection of right to personal liberty.................................................................. 11
4. Protection from slavery and forced labour.......................................................... 14
5. Protection from inhuman treatment.................................................................... 14
6. Protection from deprivation of property .............................................................. 14
7. Protection from arbitrary search or entry............................................................ 18
8. Provisions to secure protection of law................................................................ 19
9. Protection of freedom of conscience.................................................................. 22
10. Protection of freedom of expression .................................................................. 23
11. Protection of freedom of assembly and association........................................... 24
12. Protection of freedom of movement................................................................... 25
13. Protection from discrimination on the grounds of race, etc ................................ 27
14. Emergency powers ............................................................................................ 28
15. Protection of persons detained under emergency laws...................................... 29
16. Enforcement of protective provisions ................................................................. 30
17. Declaration of emergency .................................................................................. 31
18. Interpretation and savings.................................................................................. 32
19. Establishment of office....................................................................................... 34
20. Acting Governor General ................................................................................... 34
21. Oaths ................................................................................................................. 34
22. Deputy to Governor General.............................................................................. 34
CHAPTER III 35 PARLIAMENT 35
23. Establishment .................................................................................................... 36
Revision Date: 31 Dec 2001
The Senate ..........................................................................................................................36 57. Constituency Boundaries Commission and Electoral Commission.....................63
PART 5 66 DELIMITATION OF CONSTITUENCIES 66
58. Review of constituency boundaries ....................................................................66
Revision Date: 31 Dec 2001
60. Ministers of the Government.............................................................................. 67
61. Cabinet of Ministers ........................................................................................... 69
62. Allocation of portfolios to Ministers..................................................................... 70
63. Performance of functions of Ministers during absence or illness ....................... 70
64. Exercise of Governor General’s functions.......................................................... 71
65. Governor General to be informed concerning matters of government ............... 72
66. Oaths to be taken by Ministers, etc.................................................................... 72
67. Leader of the Opposition.................................................................................... 72
68. Parliamentary Secretaries.................................................................................. 73
69. Permanent Secretaries ...................................................................................... 74
70. Secretary to the Cabinet .................................................................................... 74
71. Constitution of offices, etc.................................................................................. 75
72. Attorney General................................................................................................ 75
73. Control of public prosecutions............................................................................ 76
74. Prerogative of mercy.......................................................................................... 77
75. Committee on Prerogative of mercy................................................................... 77
76. Procedure in capital cases................................................................................. 78
77. Consolidated Fund............................................................................................. 78
78. Withdrawals from Consolidated Fund or other public funds............................... 79
79. Authorisation of expenditure from Consolidated Fund by appropriation law ...... 79
80. Authorisation of expenditure in advance of appropriation .................................. 80
81. Contingencies Fund ........................................................................................... 80
82. Remuneration of certain officers ........................................................................ 81
83. Public debt ......................................................................................................... 81
84. Audit of public accounts, etc .............................................................................. 82
CHAPTER VI 83 THE PUBLIC SERVICE 83
85. Public Service Commission................................................................................ 83
86. Appointment, etc., of public officers ................................................................... 85
Appointments, etc., to particular offices .............................................................................. 86
87. Appointment, etc., of Permanent Secretaries and certain other officers ............ 87
88. Chief Elections Officer........................................................................................ 88
89. Director of Public Prosecutions .......................................................................... 90
90. Director of Audit ................................................................................................. 92
91. Appointment, etc. of magistrates, registrars and legal officers........................... 93
The Teaching Service Commission .................................................................................... 94
92. Teaching Service Commission........................................................................... 94
Revision Date: 31 Dec 2001
93. Appointment, etc., of teachers ............................................................................97
The Police ...........................................................................................................................97
94. Police Force........................................................................................................97
The Public Service Board of Appeal ....................................................................................98
95. Public Service Board of Appeal ..........................................................................99
96. Appeals in discipline cases ...............................................................................101
Pensions ..........................................................................................................................102
97. Pensions laws and protection of pensions rights ..............................................102
98. Power to withhold pensions, etc .......................................................................103
99. Persons who become citizens on 22 February 1979 ........................................104
100. Persons born in Saint Lucia on or after 22 February 1979................................105
101. Persons born outside Saint Lucia on or after 22 February 1979.......................106
102. Registration.......................................................................................................106
103. Acquisition, deprivation and renunciation..........................................................108
104. Interpretation.....................................................................................................108
105. Original Jurisdiction of High Court in constitutional questions...........................109
106. Reference of constitutional questions to High Court .........................................110
107. Appeals to Court of Appeal...............................................................................110
108. Appeals to Her Majesty in Council ....................................................................111
109. Interpretation.....................................................................................................112
110. Appointment, etc., of Commissioner .................................................................112
111. Deputy Parliamentary Commissioner................................................................114
112. Functions of Commissioner ..............................................................................114
113. Restrictions on matters for investigation ...........................................................115
114. Discretion of Commissioner..............................................................................116
115. Report on investigation .....................................................................................117
116. Power to obtain evidence..................................................................................117
117. Prescribed matters concerning Commissioner .................................................118
118. The integrity Commission .................................................................................119
119. Declaration of assets ........................................................................................122
120. Supreme law.....................................................................................................122
Revision Date: 31 Dec 2001
121. Functions of Governor General........................................................................ 122
122. Resignations .................................................................................................... 123
123. Re-appointment and concurrent appointments ................................................ 124
124. Interpretation.................................................................................................... 124
SCHEDULE 1 TO THE CONSTITUTION 130 ALTERATION OF CONSTITUTION AND SUPREME COURT ORDER 130
PART I 130 PROVISIONS OF CONSTITUTION REFERRED TO IN SECTION 41(2) 130
PART II 130 PROVISIONS OF THE SUPREME COURT ORDER REFERRED TO IN SECTION 41(2) 130
SCHEDULE 2 TO THE CONSTITUTION 130 RULES CONCERNING CONSTITUENCIES 130
Revision Date: 31 Dec 2001
CHAPTER 1.01
CONSTITUTION OF SAINT LUCIA
Editor’s note: WHEREAS the People of Saint Lucia— Revision Date: 31 Dec 2001 NOW, THEREFORE, the following provisions shall have effect as the Constitution of Saint Lucia:
Whereas every person in Saint Lucia is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely— 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 others or the public interest.
(1) A person shall not be deprived of his or her life intentionally save in execution of the sentence of a court in respect of a
Revision Date: 31 Dec 2001
criminal offence under any law of which he or she has been convicted.
(2) A person shall not be regarded as having been deprived of his or her life in contravention if he or she 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— or if he or she dies as the result of a lawful act of war.
(1) A person shall not be deprived of his or her personal liberty save as may be authorised by law in any of the following cases, that is to say— Revision Date: 31 Dec 2001 (a) for the purpose of bringing him or her before a court in execution of the order of a court; or
Revision Date: 31 Dec 2001
(b) upon reasonable suspicion of his or her having committed, or being about to commit, a criminal offence under any law
and who is not released, shall be brought before a court without undue delay and in any case not later than 72 hours after such arrest or detention. Revision Date: 31 Dec 2001
consequence of such a verdict shall be regarded as detention in execution of the order of a court.
No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
(1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any
Revision Date: 31 Dec 2001
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 prompt payment of full 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— Provided that if Parliament so provides in relation to any matter referred to in paragraph (a) or (c) 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. Revision Date: 31 Dec 2001
respect of its remission) to any country of his or her choice outside Saint Lucia. (a) to the extent that the law in question makes provision for the taking of possession or acquisition of any property, interest or right— (iii) as an incident of a lease, tenancy, mortgage, hypothec, charge, bill of sale, pledge or contract, (vii) for so long only as may be necessary for the purposes of any examination, investigation, trial or
Revision Date: 31 Dec 2001
inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation 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 of the following property (including an interest in or right over property), that is to say— (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
Revision Date: 31 Dec 2001
for public purposes in which no monies have been invested other than monies provided 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.
Revision Date: 31 Dec 2001
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.
and except with his or her own consent the trial shall not take place in his or her absence unless he or she so conducts himself or herself as to render the continuance of the proceedings in his or her presence impracticable and the court has ordered him or her to be removed and the trial to proceed in his or her absence:
Revision Date: 31 Dec 2001
Provided that the trial may take place in his or her absence in any case in which it is so provided by a law under which he or she is entitled to adequate notice of the charge and the date, time and place of the trial and a reasonable opportunity of appearing before the court. Revision Date: 31 Dec 2001
so requires and 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. Revision Date: 31 Dec 2001
so trying such a member and convicting him or her shall in sentencing him or her to any punishment take into account any punishment awarded him or her under that disciplinary law. Revision Date: 31 Dec 2001 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 in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly.
(a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health;
Revision Date: 31 Dec 2001 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.
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.
Revision Date: 31 Dec 2001
Revision Date: 31 Dec 2001 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. Revision Date: 31 Dec 2001
Revision Date: 31 Dec 2001
required of any person who is appointed to or to act in any office or employment. Revision Date: 31 Dec 2001
Revision Date: 31 Dec 2001
(3) Nothing contained in subsection (1)(d) or (1)(e) shall be construed as entitling a person to legal representation at public expense.
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):
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. Revision Date: 31 Dec 2001
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. Revision Date: 31 Dec 2001
unless it has in the meantime been approved by resolutions of the Senate and the House. (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 Lucia other than a court established by a disciplinary law, and includes Her Majesty in Council and in sections 2 and 4 a court established by a disciplinary law;
“disciplinary law” means a law regulating the discipline of any disciplined force;
Revision Date: 31 Dec 2001
“disciplined force” means— “legal practitioner” means a person entitled to be in or to enter Saint Lucia and entitled to practise as a barrister in Saint Lucia or, except in relation to proceedings before a court in which a solicitor has no right of audience, entitled to practise as a solicitor in Saint Lucia;
“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. Revision Date: 31 Dec 2001
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.
(1) Whenever the Governor General—
Revision Date: 31 Dec 2001 he or she may, acting in accordance with the advice of the Prime Minister, appoint any person in Saint Lucia to be his or her deputy during such absence or illness and in that capacity to perform on his or her behalf such of the functions of the office of Governor General as may be specified in the instrument by which he or she is appointed. CHAPTER III PARLIAMENT
PART 1
Revision Date: 31 Dec 2001
The Senate
Subject to the provisions of section 26, a person shall be qualified to be appointed as a Senator if, and shall not be so qualified unless, he or she— Revision Date: 31 Dec 2001
Revision Date: 31 Dec 2001 (5) In subsection (1)—
“contract” means any contract made with the Government or with a department of the Government or with an officer of the Government contracting as such;
“minister of 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 of subsection (1)(e)— Revision Date: 31 Dec 2001
(c) If at any time before the Senator vacates his or her seat such circumstances as aforesaid cease to exist, his or her seat shall not become vacant on the expiration of the period referred to in paragraph (a) and he or she may resume the performance of his or her functions as a member of the Senate.
Revision Date: 31 Dec 2001
(a) If, by virtue of section 27(3)(a), the President or Deputy President is required to cease to perform his or her functions as a member of the Senate he or she shall also cease to perform his or her functions as President or Deputy President, as the case may be, and those functions shall, until he or she vacates his or her seat in the Senate or resumes the performance of the functions of his or her office, be performed—
(i) in the case of the President, by the Deputy President or, if the office of Deputy President is vacant or the Deputy President is required to cease to perform his or her functions as a member of the Senate by virtue
Revision Date: 31 Dec 2001
of section 27(3), by such Senator (not being a Minister or a Parliamentary Secretary) as the Senate may elect for the purpose,
(ii) in the case of the Deputy President, by such Senator (not being a Minister or a Parliamentary Secretary) as the Senate may elect for the purpose.
(b) If the President or Deputy President resumes the performance of his or her functions as a member of the Senate, in accordance with the provisions of section 27(3)(c), he or she shall also resume the performance of his or her functions as President or Deputy President, as the case may be.
The House of Assembly
Subject to the provisions of section 32, a person shall be qualified to be elected as a member of the House if, and shall not be so qualified unless, he or she— Revision Date: 31 Dec 2001
(c) is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with a degree of proficiency sufficient to enable him or her to take an active part in the proceedings of the House.
Revision Date: 31 Dec 2001
reported guilty of such an offence by the court trying an election petition shall not be qualified, for such period (not exceeding 7 years) following his or her conviction or, as the case may be, following the report of the court as may be so prescribed, to be elected as a member. “government contract” means any contract made with the Government or with a department of the Government or with an officer of the Government contracting as such;
“minister of 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.
(7) For the purposes of subsection (1)(e)—
(a) 2 or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds 12 months,
Revision Date: 31 Dec 2001
but if any one of such sentences exceeds that term they shall be regarded as one 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.
(1) A member of the House (hereinafter in this section referred to as a member) shall vacate his or her seat in the House at the next dissolution of Parliament after his or her election.
Revision Date: 31 Dec 2001 Revision Date: 31 Dec 2001
referred to in paragraph (a) and he or she may resume the performance of his or her functions as a member.
(4) References in this section to a member do not include references to a Speaker who was elected from among persons who were 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) in the case of a Speaker who was elected from among the members of the House—
(i) if he or she ceases to be a member of the House: provided that the Speaker shall not vacate his or her office by reason only that he or she ceased to be a member of the House on a dissolution of
Parliament, until the House first meets after the dissolution, or
Revision Date: 31 Dec 2001
(ii) if he or she 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— (iii) if any circumstances arise that would cause him or her to be disqualified to be elected as a member by virtue of section 32(1) or 32(4) or by virtue of any law enacted in pursuance of section 32(2), 32(3) or 32(5). (1) When the House first meets after any general election of members 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 Deputy Speaker of the House and if the office of Deputy Speaker falls vacant at
Revision Date: 31 Dec 2001
any time before the next dissolution of Parliament, the House shall, as soon as convenient, elect another member of the House to that office. 1 See Elections Act.
Revision Date: 31 Dec 2001 General provisions
(1) The High Court shall have jurisdiction to hear and determine any question whether— Revision Date: 31 Dec 2001 Subject to the provisions of this Constitution Parliament may make laws for the peace, order and good government of Saint Lucia.
Revision Date: 31 Dec 2001 Revision Date: 31 Dec 2001
common for Saint Lucia and for other countries also parties to the agreement. Revision Date: 31 Dec 2001
There shall preside at any sitting of the Senate or the House— Revision Date: 31 Dec 2001
(1) Any person who sits or votes in the Senate or the House knowing or having reasonable grounds for knowing that he or she is not entitled to do so shall be guilty of an offence and liable to a fine not exceeding $100, or such other sum as may be prescribed by Parliament, for each day on which he or she so sits or votes.
Revision Date: 31 Dec 2001
(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.
(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: Revision Date: 31 Dec 2001
Lucia 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 Lucia 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 Crown; 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.
(1) This section applies to any bill other than a money bill that is passed by the House in 2 successive sessions (whether or not Parliament is dissolved between those sessions) and, having been sent to the Senate in each of those sessions at least one month before the end of the session, is rejected by the Senate in each of those sessions.
PUBLIC SERVICE BOARD OF APPEAL REGULATIONS – Section 96
SAINT LUCIA CONSTITUTION ORDER – West Indies Act of the United Kingdom 1967
ARRANGEMENT OF SECTIONS
CHAPTER I 10 PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS 10
CHAPTER II 34 THE GOVERNOR GENERAL 34
PART 1 35
PART 2 52 LEGISLATION AND PROCEDURE OF PARLIAMENT 52
PART 3 61 SUMMONING, PROROGATION AND DISSOLUTION 61
PART 4 63 CONSTITUENCY BOUNDARIES AND ELECTORAL COMMISSIONS 63
CHAPTER IV 67 THE EXECUTIVE 67
CHAPTER V 78 FINANCE 78
PART 1 83
PART 2 86
PART 3 94
PART 4 97
PART 5 98
PART 6 102
CHAPTER VII 104 CITIZENSHIP 104
CHAPTER VIII 109 JUDICIAL PROVISIONS 109
CHAPTER IX 112 PARLIAMENTARY COMMISSIONER 112
CHAPTER X 119 MISCELLANEOUS 119
SCHEDULE 3 TO THE CONSTITUTION 131 MATTERS NOT SUBJECT TO INVESTIGATION BY PARLIAMENTARY COMMISSIONER 131
(Statutory Instrument 1978 No. 1901 (U.K.) Schedule 1 and Act 17 of 1980)
(i)
CHAPTER I PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
1. FUNDAMENTAL RIGHTS AND FREEDOMS
2. PROTECTION OF RIGHT TO LIFE
3. PROTECTION OF RIGHT TO PERSONAL LIBERTY
(f)
4. PROTECTION FROM SLAVERY AND FORCED LABOUR
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
(4)
10. PROTECTION OF FREEDOM OF EXPRESSION
(b)
11. PROTECTION OF FREEDOM OF ASSEMBLY AND ASSOCIATION
12. PROTECTION OF FREEDOM OF MOVEMENT
(e)
13. PROTECTION FROM DISCRIMINATION ON THE GROUNDS OF RACE, ETC
14. 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
(a)
23. ESTABLISHMENT
24. COMPOSITION
25. QUALIFICATIONS
26. DISQUALIFICATIONS
(a)
27. TENURE OF OFFICE
(d) subject to the provisions of subsection (3), if any other circumstances arise that, if he or she were not a Senator, would cause him or her to be disqualified to be appointed as such by virtue of section 26(1) or by virtue of any law enacted in pursuance of section 26(2) or 26(4); or (e) if the Governor General, acting in accordance with the advice of the Prime Minister in the case of a Senator appointed under section 24(2)(a) or in accordance with the advice of the Leader of the Opposition in the case of a Senator appointed under section 24(2)(b) or in his or her own deliberate judgment after such consultation as is specified in section 24(2)(c) in the case of a Senator appointed under that paragraph, declares the seat of that Senator to be vacant. (3) (a) If any circumstances such as are referred to in subsection (2)(d) arise because any Senator is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if it is open to the Senator to appeal against the decision (either with the leave of a court or other authority or without such leave), he or she shall cease to perform his or her functions as a member of the Senate but, subject to the provisions of this section, he or she shall not vacate his or her seat until the expiration of a period of 30 days thereafter: Provided that the President may, at the request of the Senator, from time to time, extend that period for further periods of 30 days to enable the Senator to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate 150 days shall not be given without the approval, signified by resolution, of the Senate. (b) If on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the Senator, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the Senator to appeal, he or she shall vacate his or her seat. 28. INABILITY
29. PRESIDENT AND DEPUTY PRESIDENT
30. COMPOSITION
31. QUALIFICATIONS FOR ELECTION
32. DISQUALIFICATIONS FOR ELECTION
33. ELECTIONS
34. TENURE OF OFFICE
(2) 35. SPEAKER
36. DEPUTY SPEAKER
37. RESPONSIBILITY FOR ELECTIONS
(3)
38. CLERKS OF SENATE AND HOUSE OF ASSEMBLY AND THEIR STAFF
39. DETERMINATION OF QUESTIONS OF MEMBERSHIP
(8)
PART 2 LEGISLATION AND PROCEDURE OF PARLIAMENT
40. POWER TO MAKE LAWS
41. ALTERATION OF CONSTITUTION AND SUPREME COURT ORDER
(4) 42. FREEDOM OF SPEECH
43. OATH BY MEMBERS
44. PRESIDING
45. VOTING
46. PENALTY FOR SITTING IF UNQUALIFIED
47. MODE OF EXERCISE OF LEGISLATIVE POWER
48. RESTRICTIONS WITH REGARD TO CERTAIN FINANCIAL MEASURES
49. RESTRICTIONS ON POWERS OF SENATE AS TO MONEY BILLS
50. RESTRICTIONS ON POWERS OF SENATE AS TO BILLS OTHER THAN MONEY BILLS