Antigua and Barbuda

Population Statistics

92,436

Total Population

13,865

Population with a disability

according to World Health Organization’s 15% estimate

Election Dates

07 January 2016

Ratified the Convention on the Rights of Persons with Disabilities


Antigua and Barboda Constitutional Order (1981)

Updated: June 2015

Section 5, subsection (1) states:

No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say-…

  • (h) for the purpose of preventing the spread of an infectious or contagious disease;
  • (i) 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 23, subsection (1) states:

During any period when the office of Governor-General is vacant or the holder of the office of Governor-General is absent from Antigua and Barbuda or is for any other reason unable to perform the functions of his office those functions shall be performed by such person as Her Majesty may appoint.

 

Section 25, subsection (1) states:

When the Governor-General-…

  • (c) is suffering from an illness that he considers, in his discretion, will be of short duration, he may, acting in accordance with the advice of the Prime Minister, appoint any person in Antigua and Barbuda to be his deputy during such absence or illness and in that capacity to perform on his behalf such of the functions of the office of Governor-General as may be specified in the instrument by which he is appointed.

 

Section 29 states:

Subject to the provisions of section 30 of this Constitution any person who at the date of his appointment:…

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

 

Section 30, subsection (1) states:

No person shall be qualified to be appointed as a Senator who:…

  • (d) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law.

 

Section 31, subsection (2), part (a) states:

If circumstances such as are referred to in subsection (1)(e) of this section arise because a Senator is convicted of a felony or of any other offence involving dishonesty, sentenced to death or imprisonment, adjudged to be of unsound mind, or declared bankrupt or is convicted of any offence relating to elections in circumstances that disqualify him for election to the House, 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 shall forthwith cease to perform his functions as a Senator but, subject to the provisions of this subsection, he shall not vacate his seat until the expiration of thirty days thereinafter: Provided that the President may, at the request of the Senator, from time to time extend that period for further periods of thirty days to enable the Senator to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the Senate.

 

Section 32, subsection (1) states:

Whenever a Senator is incapable of performing his functions as a Senator by reason of his absence from Antigua and Barbuda or by reason of his suspension under section 31(2) of this Constitution or by reason of illness, the Governor-General may appoint a person qualified for appointment as a Senator to be temporarily a member of the Senate during such absence, suspension or illness.

 

Section 38 states:

Subject to the provisions of section 39 of this Constitution any person who at the date of his election…(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 to take an active part in the proceedings of the House.

 

Section 39, subsection (1) states:

No person shall be qualified to be elected as a member of the House who:…

  • (d) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law.

 

Section 41, subsection (2), part (a) states:

If circumstances such as are referred to in subsection (1)(d) of this section arise because a member of the House is convicted of a felony or of any other offence involving dishonesty, sentenced to death or imprisonment, adjudged to be of unsound mind, or declared bankrupt, or is convicted of any offence relating to elections in circumstances that disqualify him for election to the House, and if it is open to the member to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a member of the House but, subject to the provision of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter: Provided that the Speaker may, at the request of the member from time to time, extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the House.

 

Section 63 states:

(5) A member of a Constituencies Boundaries Commission may be removed from office but only for inability to discharge the functions thereof (whether arising from infirmity of mind or body or any other cause) or for misbehaviour, and he shall not be so removed except in accordance with the provisions of this section.

(6) A member of a Constituencies Boundaries Commission shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under subsection (7) of this section and the tribunal has recommended to the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehaviour.

(7) If the Prime Minister or the Leader of the Opposition represents to the Governor-General that the question of removal of a member of a Constituencies Boundaries Commission from office for inability as aforesaid or for misbehaviour ought to be investigated then- a. the Governor-General shall appoint a tribunal which shall consist of a chairman and not less than two other members selected by the Governor-General, acting in accordance with the advice of the Chief Justice, from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court; and b. the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to the Governor-General whether the member of the Constituencies Boundaries Commission ought to be removed from office for inability as aforesaid or for misbehaviour….

 

Section 66 states:

(5) The Ombudsman 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.

(6) The Ombudsman shall be removed from office by resolutions of both Houses of Parliament if the question of his removal from office has been referred to a tribunal appointed under subsection (7) of this section and the tribunal has recommended to Parliament that he ought to be removed from office for inability as aforesaid or for misbehaviour.

(7) If by both Houses of Parliament it is resolved that the question of removing the Ombudsman under this section ought to be investigated, then- a. the Speaker shall appoint a tribunal which shall consist of a chairman and not less than two other members selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and b. the tribunal shall enquire into the matter and report on the facts thereof to the Speaker and recommend to Parliament through the Speaker whether the Ombudsman ought to be removed under this section.

(8) If the question of removing the Ombudsman has been referred to a tribunal under this section, both Houses of Parliament may by resolution suspend the Ombudsman from the functions of his office and any such suspension may at any time be revoked by resolutions of both Houses of Parliament, and shall in any case cease to have effect if the tribunal recommends to Parliament through the Speaker that the Ombudsman should not be removed.

(9) If at any time the Ombudsman is for any reason unable to exercise the functions of his office, both Houses of Parliament may by resolutions appoint a person to act as Ombudsman, and any person so appointed shall, subject to the provisions of subsections (7) and (8) of this section, continue to act until the Ombudsman has resumed his functions or until the appointment to act has been revoked by resolutions of both Houses of Parliament….

 

Section 67 states:

(5) A person holding the office of Supervisor of Elections 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.

(6)The Supervisor of Elections shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under subsection (7) of this section and the tribunal has recommended to the Governor-General that he ought to be removed for inability as aforesaid or for misbehaviour.

(7) If resolutions of both Houses of Parliament are passed to the effect that the question of removing the Supervisor of Elections under this section ought to be investigated then- a. the Governor-General shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and b. the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to him whether the Supervisor of Elections ought to be removed under this section.

(8) If the question of removing the Supervisor of Elections has been referred to a tribunal under this section, the Governor-General, acting in accordance with the advice of the Public Service Commission, may suspend the Supervisor of Elections from the exercise of the functions of his office and any such suspension may at any time be revoked by the Governor-General acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the Governor-General that the Supervisor of Elections should not be removed.

(9) If at any time the Supervisor of Elections is for any reason unable to exercise the functions of his office, the Governor-General shall by notice published in the Official Gazette appoint a person to act as Supervisor of Elections on resolutions to that effect of both Houses of Parliament specifying the person nominated for appointment, and any person so appointed shall, subject to the provisions of subsections (7) and (8) of this section, continue to act until the Supervisor of Elections has resumed his functions or until the appointment to act has been revoked by the Governor-General on resolutions to that effect by both Houses of Parliament.

 

Section 71, subsection (2) states:

Where a Minister is incapable of performing his functions by reason of his absence from Antigua and Barbuda or by reason of illness, the Governor-General, acting in accordance with the advice of the Prime Minister, may appoint a member of the House or a Senator to act in the office of such Minister during such absence or illness.

 

Section 74 states:

(1) Where the Prime Minister is absent from Antigua and Barbuda or is unable by reason of illness or of the provisions of section 73(4) of this Constitution to perform the functions conferred on him by this Constitution, the Governor-General may authorise some other member of the Cabinet to perform those functions (other than the functions conferred by subsection (2) of this section) and that member may perform those functions until his authority is revoked by the Governor-General.

(2) The powers of the Governor-General under this section shall be exercised by him in accordance with the advice of the Prime Minister, save that where the Governor-General considers that it is impracticable to obtain the advice of the Prime Minister owing to his absence or illness, or where the Prime Minister is unable to tender the advice by reason of the provisions of section 73(4) of this Constitution, the Governor-General may exercise those powers in his discretion.

 

Section 82, subsection (7) states:

If the office of the Attorney-General is vacant or the holder of the office is for any reason unable to perform the functions thereof the Governor-General may appoint a suitably qualified person to act in the office, but the provisions of subsections (3) and (4) of this section shall not apply to a person so appointed.

 

Section 87 states:

(3) If the office of Director of Public Prosecutions is vacant or if the holder of the office is for any reason unable to exercise the functions of his office, the Governor-General, acting in accordance with the advice of the Judicial and Legal Services Commission, may appoint a person to act as Director…

(7) 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.

(8) The Director of Public Prosecutions shall be removed from office by the Governor-General if the question of his renewal from office has been referred to a tribunal appointed under subsection (9) of this section and the tribunal has recommended to the Governor-General that he ought to be removed for inability as aforesaid or for misbehaviour.

(9) If the chairman of the Judicial and Legal Services Commission represents to the Governor-General that the question of removing the Director of Public Prosecutions under this section ought to be investigated, then- a. the Governor-General shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and b. the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to him whether the Director of Public Prosecutions ought to be removed under this section.

(10) If the question of removing the Director of Public Prosecutions has been referred to a tribunal under this section, the Governor-General, acting in accordance with the advice of the Judicial and Legal Services Commission, may suspend the Director from the exercise of the functions of his office and any such suspension may at any time be revoked by the Governor-General acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the Governor-General that the Director should not be removed…

 

Section 99 states:

(4) A member of the Commission may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.

(5) A member of the Commission shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under subsection (6) of this section and the tribunal has recommended to the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehaviour.

(6) If the Prime Minister represents to the Governor-General that the question of removing a member of the Commission under this section ought to be investigated then- a. the Governor-General shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and b. the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to him whether the member ought to be removed under this section.

(7) If the question of removing a member of the Commission has been referred to a tribunal under this section, the Governor-General, acting in accordance with the advice of the Prime Minister, may suspend that member from the functions of his office and any such suspension may at any time be revoked by the Governor-General, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the Governor-General that the member should not be removed.

(8) If the office of chairman of the Commission is vacant or if the person holding that office is for any reason unable to exercise the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by such one of the other members of the Commission as may for the time being be designated in that behalf by the Governor-General, acting in accordance with the advice of the Prime Minister.

(9) If at any time any member of the Commission is for any reason unable to exercise the functions of his office, the Governor-General, acting in accordance with the advice of the Prime Minister, may appoint a person who is qualified to be appointed as a member of the Commission to act as a member, and any person so appointed shall, subject to the provisions of subsections (6) and (7) 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 functions or until his appointment to act has been revoked by the Governor-General, acting in accordance with the advice of the Prime Minister: Provided that the Prime Minister shall consult the Leader of the Opposition before tendering any advice to the Governor-General for the purposes of this subsection and of subsection (8) of this section.

 

Section 102, subsection (2) states:

If the office of Director of Audit is vacant or if the holder of the office is for any reason unable to exercise the functions of his office, the Governor-General, acting in accordance with the advice of the Public Service Commission tendered after the Commission has consulted the Prime Minister and has obtained the agreement of the Prime Minister to the appointment, may appoint a person to act as Director of Audit.

 

Section 106, subsection (3) states:

If at any time any member of the [Public Service Board of Appeal] is for any reason unable to exercise the functions of his office, the Governor-General, acting in accordance with the advice of the person upon whose advice that member was appointed or, as the case may be, after consultation with the body that he had consulted before appointing that member, 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 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 functions or until his appointment to act has been revoked by the Governor-General acting in accordance with such advice or, as the case may be, after such consultation as above in this subsection: Provided that the Prime Minister shall consult the Leader of the Opposition before tendering any advice to the Governor-General under this subsection in respect of the appointment of any person to act for any member of the commission appointed under paragraph (b) of the subsection (1) of this section.

 

Section 127, subsection (9) 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 Antigua and Barbuda Constitutional Order (1981)

Representation of the People Act (1975, last amended 2008)

Updated: June 2015

Section 5, subsection (3) states:

A person who is a patient in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness, or who is detained in legal custody at any place, shall not by reason thereof be treated for the purposes aforesaid as resident there.

 

Section 14, subsection (1) states:

The duties of the returning officer for elections shall be discharged by the registration officer (or the person authorised to act as registration officer if the registration officer himself is incapable of acting or there is a vacancy) as acting returning officer if for the time being the returning officer is for any reason incapable of discharging his duties as such, or is under any enactment discharged from personally performing the office by virtue of which he is returning officer.

 

Section 18, subsection (3) states:

Any acts authorised or required to be done by or with respect to the registration officer may, in the event of his incapacity to act, or of a vacancy, be done by such person as the Governor-General may by notice appoint to act in the event of such incapacity or a vacancy.

 

Section 23, subsection (1) states:

A person shall be guilty of an offence if-

  • (a) he votes in person either as an elector or as proxy or applies to be treated as an absent voter to vote by proxy at an election, knowing that he is subject to a legal incapacity to vote;
  • (b) he applies for the appointment of a proxy to vote for him at an election, knowing that he or the person to be appointed is subject to a legal incapacity to vote; or
  • (c) he votes, as proxy, for some other person at an election, knowing that that person is subject to a legal incapacity to vote.

 

First Schedule, section 28, subsection (3) states:

If an agent dies, or becomes incapable of acting, the candidate may appoint another agent in his place, and shall forthwith give to the returning officer notice in writing of the name and address of the agent appointed.

 

First Schedule, section 44, subsection (1) states:

The presiding officer, on the application of,

  • (a) a person who is incapacitated by blindness or other physical cause from voting in manner directed by these rules or
  • (b) a voter that declares orally that he is unable to read, shall, in the presence of the polling agents, cause the vote of the voter to be marked on a ballot paper in the manner directed by the voter.

 

Excerpts from the Representation of the People Act (1975, last amended 2008)