Dominica

Section 7, subsection 3 states:

If at any time between the issue of a writ for an election and the declaration of the result of that election the returning officer dies or becomes incapable of performing his duties as such, the election clerk shall forthwith report the fact to the Chief Elections Officer and shall discharge all the duties and exercise all the powers of the returning officer until some other returning officer is appointed or the former officer ceases to be incapable of performing his duties, as the case may be.

 

Section 10, subsection 10 states:

If any presiding officer dies or becomes incapable of performing his duties during the taking of the poll, the poll clerk shall forthwith assume the office of presiding officer and shall appoint some other person to act as poll clerk.

 

Section 34, subsection 2 states:

The presiding officer shall instruct the elector how to make his mark, and shall properly fold the elector's ballot, directing him to return it, when marked, folded as shown, but without inquiring or seeing for whom the electors intends to vote, except when the elector is unable to vote in the manner prescribed by this Act on account of blindness or other physical incapacity.

 

Excerpts from the House of Assembly (Elections) Act (1954, last amended 1990)

Section 3 states:

A person shall not be deprived of his personal liberty save as may be authorized by law in any of the following cases, that is to say:…in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community…

 

Section 24 states:

The President may be removed from office under section 25 of this Constitution where-he wilfully violates any provision of the Constitution; he behaves in such a way as to bring his office into hatred, ridicule or contempt; he behaves in a way that endangers the security of Dominica; because of physical or mental incapacity, he is unable to perform the functions of his office; any circumstances arise that, if he were not President, would cause him to be disqualified to be elected as such by virtue of subsection (1)(b) of section 21 of this Constitution; or he is appointed to any such office, or engages in any such occupation, as is referred to in subsection (2) of that section.

 

Section 28 states:

Whenever the holder of the office of President is unable to perform the functions of his office by reason of his absence from Dominica, by reason of illness of by reason that he is suspended from the exercise of those functions under section 25(3) of this Constitution, those functions shall be performed- by such person as may with his consent have been designated in that behalf by the holder of the office of President, acting after consultation with the Prime Minister and the Leader of the Opposition, by writing under his hand; or if there is no person so designated or if the person so designated is unable to act, by such person as may have been elected in that behalf by the House in accordance with the like procedure as is prescribed by section 19 of this Constitution for the election of the President…

 

Section 31, subsection 1 states:

…a person shall be qualified to be elected as a Representative if, and shall not be qualified to be so elected unless, he…

• (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 to take an active part in the proceedings of the House.

 

Section 35 states:

…If any circumstances such as are referred to in paragraph (c) of subsection (3) of this section arise because any member [of the House or Senate] 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 shall forthwith cease to perform his functions as a member but, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter..

 

Section 36 states:

…At any time when, by virtue of section 28(2) or section 35(4) of this Constitution, the Speaker is unable to perform the functions of his office, those functions shall, until he vacates his seat in the House or resumes the performance of the functions of his office, be performed by the Deputy Speaker or, if the office of Deputy Speaker is vacant or the Deputy Speaker is required to cease to perform his functions as a member of the House by virtue of section 28(2) or 35(4) of this Constitution, by such member of the House (not being a member of the Cabinet or a Parliamentary Secretary) as the House may elect for the purpose.

 

Section 37 states:

…At any time when, by virtue of section 28(2) or section 35(4) of this Constitution, the Deputy Speaker is unable to perform the functions of this office, those functions shall, until he vacates his seat in the House or resumes the performance of the functions of this office, be performed by such member of the House (not being a member of the Cabinet or a Parliamentary Secretary) as the House may elect for the purpose.

 

Section 56 states:

…A member of [the Constituency Boundaries Commission or the Electoral Commission for Dominica] who has been appointed may be removed from office but only for inability to discharge the functions thereof (whether arising from inability to discharge the functions thereof (whether arising from infirmity of mind or body or any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section…

 

Section 62 states:

Whenever the Prime Minister is absent from Dominica or by reason of illness is unable to perform the functions conferred upon him by this Constitution, the President may authorise some other Minster to perform those functions (other than the functions conferred by this section) and the Minister may perform those functions until his authority is revoked by the President. Whenever a Minster other than the Prime Minster is absent from Dominica but by leave of the President is not performing the functions of his office or by reason of illness is unable to perform those functions, the President may authorize some other Minister to perform those functions or may appoint a member of the House of Assembly to be a temporary Minister in order to perform those functions; and that Minister or temporary Minister may perform those functions until his authority or, as the case may be, his appointment is revoked by the President: Provided that the office of a temporary Minister shall become vacant if any circumstances arise that, if he were a Minister, would cause him to vacate office as such…

 

Section 84 states:

…If the office of chairman of the Commission is vacant or if the holder of that office is for any reason unable to exercise the functions of this office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by the deputy chairman or, if the office of deputy chairman is vacant or the holder of that office is for any reason unable to exercise the functions of his office, by such other member of the Commission as may for the time being be designated by the President, acting in accordance with the advice of the Prime Minister. If at any time there are less than two members of the Commission besides the chairman or if any such member is acting as chairman or is for any reason unable to exercise the functions of this office, the President, acting in accordance with the advice of the Prime Minister may appoint a person who is qualified to be appointed as a member of the Commission to act as a member, and any person so appointed shall, subject to the provisions of subsection (4) of this section, continue to act until the office in which he is acting has been filled or, as the case may be, until the holder thereof has resumed his function or until his appointment to act has been revoked by the President, acting in accordance with the advice of the Prime Minister…

 

Section 87 states:

If the office of the [Chief Elections] Officer is vacant or if the holder of that office is for any reason unable to exercise the functions of his office, the President, acting after consultation with the Electoral Commission, may appoint a person to act in that office…A person holding the office of the Officer may be removed from office only for inability to exercise the functions of this office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section…

 

Section 88 states:

...If the office of Director of Public Prosecutions is vacant or if the holder of that office is for any reason unable to exercise the functions of his office, the President, acting in accordance with the advice of the Public Service Commission, may appoint a person to act as Director…A person holding the office of Director of Public Prosecutions may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section…

 

Section 89 states:

…If the office of Director of Audit is vacant or if the holder of that office is for any reason unable to exercise the function of his office, the President, acting in accordance with the advice of the Public Service Commission, may appoint a person to act as Director…A person holding the office of Director of Audit may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section…

 

Section 93 states:

…If at any time any member of the [Public Service Board of Appeal for Dominica] is for any reason unable to exercise the functions of his office, the President may appoint a person who is qualified to be appointed as a member of the Board to act as a member and any person so appointed shall, subject to the provision of subsection (4) of this section, continue to act until the holder thereof has resumed his functions or until his appointment to act has been revoked by the President.

 

Section 108 states:

…A person holding the office of Parliamentary Commissioner may be removed from office only for inability to exercise the functions of his office whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section…

 

Section 109 states:

…The Deputy Parliamentary Commissioner shall assist the Parliamentary Commissioner in the performance of the functions of his office and whenever that office is vacant or the holder of the office is for any reason unable to perform those functions, the Deputy Parliamentary Commissioner shall perform those functions.

 

Section 119 states:

The president may resign his office, and a representative or senator may resign his seat, by writing under his hand addresses to the Speaker and the resignation shall take effect, and the office or seat shall accordingly become vacant, when the writing is received by- the Speaker; if the office of Speaker is vacant of the Speaker is for any reason unable to perform the functions of his office and no other person is performing them, the Deputy Speaker; or if the office of Deputy Speaker is vacant or the Deputy Speaker is for any reason unable to perform the functions of his office and no other person is performing them, the Clerk of the House….

 

Section 121 states:

…Where this Constitution vests in any person or authority the power to appoint any person to act in or to exercise the functions of any office if the holder thereof is himself unable to exercise those functions, no such appointment shall be called in question on the grounds that the holder of the office was not unable to exercise those functions….

 

Excerpts from the Dominica Constitution (1978, last amended 1984)