Saint Lucia

Section 13 states:

A person is disqualified from being registered as an elector who

• (a) is a person certified to be insane or otherwise adjudged to be of unsound mind under any enactment in force in Saint Lucia…

 

Section 26, subsection 1 states:

Every person who knowing or having reasonable cause to believe that he---…

• (e) is subject to any legal incapacity as is mentioned in section 13; makes any claim to be included in any list or register shall be liable on summary conviction to the fine of two hundred and fifty dollars or to imprisonment for six months.

 

Section 30, 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 Commission and shall discharge all the duties and exercise all the powers of the returning officer until some other returning officer is appointed or the returning officer ceases to be incapable of performing his duties, as the case may be.

 

Section 33, subsection 3 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 the presiding officer and shall appoint some other person to act as poll clerk.

 

Section 59, subsection 2 states:

(a) The presiding officer shall instruct the elector how to make his mark and shall properly fold the elector’s ballot paper keeping the counterfoil, directing him to return with the ballot paper when marked, folded as shown, but shall not inquire or see for whom the elector intends to vote except when the elector is unable to vote in the manner provided by this Act on account of blindness or other physical incapacity;

(b) In instructing the elector how to make his mark the presiding officer shall only inform him to mark his ballot paper by marking with a black lead pencil which he will find in the polling compartment a cross within the space containing the name and symbol of the candidate for whom he intends to vote. For the purposes of this subsection the presiding officer shall not use a ballot paper or any other similar paper.

 

Section 60, subsection 3 states:

The presiding officer, on the application of any elector who is incapacitated, from any physical cause other than blindness, from voting in the manner provided by this Act, shall require the elector making such application to make oath in the form set out as Form No. 17 in the Third Schedule of his incapacity to vote without assistance and shall thereafter assist such elector by marking his ballot paper in the manner directed by such elector in the presence of the poll clerk and of the sworn agents of the candidates and of no other person and shall place such ballot in the ballot box.

 

Section 60, subsection 6 states:

whenever any elector has had his ballot paper marked as provided in subsection (3) or (4), the poll clerk shall enter into the poll book opposite the elector's name…the reason why such ballot paper was so marked.

 

Section 94, subsection 3 states:

Without prejudice to the generality of paragraphs (a) to (d) of subsection (1) and subsection (2) Statutory Instruments made with respect to the matters therein mentioned may contain provisions---…

• (d) as to the evidence which shall or may be required or deemed sufficient or conclusive evidence of a person being subject to any physical incapacity and as to its probable duration;…

 

Excerpts from the House of Assembly (Elections) Act (1979)

Section 3, subsection 1 states:

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—…

• (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…

 

Section 20, 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 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.

 

Section 22, subsection 1 states:
Whenever the Governor General--…

• (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.

 

Section 25 states:
Subject to the provisions of section 26 of this Constitution, a person shall be qualified to be appointed as a Senator if, and shall not be so qualified unless, he…

• (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 26, subsection 1 states:
No person shall be qualified to be appointed as a Senator if at the date of his appointment, he…

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

 

Section 27, subsection 3, part (a) states:

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.

 

Section 28 states:

(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…

 

Section 31 states:

Subject to the provisions of section 32 of this Constitution, a person shall be qualified to be appointed as a member of the House if, and shall not be so qualified unless, he…

• (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 32, subsection 1 states:
A person shall not be qualified to be elected as a member of the House…if he…

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

 

Section 34, subsection 3, part (a) states:

If any circumstances such as are referred to in of subsection (2)(c) arise because any member [of the House] 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.

 

Section 35, subsection 6 states:

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.

 

Section 36, subsection 4 states:

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.

 

Section 57 states:

…(6) A member of a [Constituency Boundaries Commission or an Electoral Commission] who has been appointed 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 or she shall not be so removed except in accordance with the provisions of this section.

(7) A member of a Commission who has been appointed shall be removed from office by the Governor General if the question of his or her removal from office has been referred to a tribunal appointed under subsection (8) and the tribunal has recommended to the Governor General that he or she ought to be removed from office for inability as aforesaid or for misbehaviour.

(8) If the Prime Minister, in the case of a member of the Constituency Boundaries Commission appointed in accordance with subsection (2)(b), or the Leader of the Opposition, in the case of a member of that Commission appointed in accordance with subsection (2)(c), represents to the Governor General or if, in the case of the chairperson of the Electoral Commission, the Governor General, acting in his or her own deliberate judgment, and, in the case of any other member of that Commission, the Governor General, acting after consultation with the Prime Minister and the Leader of the Opposition, considers that the question of removal of a member of the 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 chairperson and not less than 2 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 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 Commission ought to be removed from office for inability as aforesaid or for misbehaviour…

 

Section 63 states:

(1) Whenever the Prime Minister is absent from Saint Lucia or by reason of illness is unable to perform the functions conferred upon him or her by this Constitution, the Governor General may authorise some other Minister to perform those functions (other than the functions conferred by this section) and that Minister may perform those functions until his or her authority is revoked by the Governor General.

(2) Whenever a Minister other than the Prime Minister is absent from Saint Lucia or is within Saint Lucia but by leave of the Governor General is not performing the functions of his or heroffice or by reason of illness is unable to perform thosefunctions, the Governor General may authorize some other Minister to perform those functions or may appoint a Senator ora member of the House to be a temporary Minister in order to perform those functions; and that Minister may perform those functions until his or her authority or, as the case may be, his or her appointment is revoked by the Governor General or he or she vacates office as a Minister under section 60(8) or 60(9).

(3) The powers of the Governor General under this section shall be exercised by him or her in accordance with the advice of the Prime Minister: Provided that if the Governor General, acting in his or her own deliberate judgment, considers that it is impracticable to obtain the advice of the Prime Minister owing to his or her absence or illness he or she may exercise those powers without that advice and in his or her own deliberate judgment.

 

Section 85 states:

…(5) A member of the Commission may be removed from office only for inability to exercise the functions of his or her 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) A member of the Commission shall be removed from office by the Governor General if the question of his or her removal from office has been referred to a tribunal appointed under subsection (7) and the tribunal has recommended to the Governor General that he or she ought to be removed from office for inability as aforesaid or for misbehaviour.

(7) If the Prime Minister represents to the Governor General that the question of removing 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 chairperson and not less than 2 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 or her whether the member ought to be removed under this section.

(8) If the question of removing a member of the Commission has been referred to a tribunal under this section, the Governor General, acting in accordance with the advice of the Prime Minister, may suspend that member from the exercise of the functions of his or her 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 that member should not be removed.

(9) If the office of chairperson of the [Public Service] Commission is vacant or if the holder of that office is for any reason unable to exercise the functions of his or her office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by such other member of the Commission as may be designated by the Governor General, acting in accordance with the advice of the Prime Minister.

(10) If at any time there are less than 2 members of the Commission besides the chairperson or if any such member is acting as chairperson or is for any reason unable to exercise the functions of his or her office, the Governor General, acting in accordance with the advice of the Prime Minister, may appoint a person who is qualified to be appointed as a member of the Commission to act as a member, and any person so appointed shall, subject to the provisions of subsection (4), continue to act until the office in which he or she is acting has been filled or, as the case may be, until the holder thereof has resumed his or her functions or until his or her appointment to act has been revoked by the Governor General, acting in accordance with the advice of the Prime Minister…

 

Section 88 states:

…(2) 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 or her office, the Governor General, acting after consultation with the Electoral Commission, may appoint a person to act as Officer…

(6) A person holding the office of the Officer may be removed from office only for inability to exercise the functions of his or her 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.

(7) The Officer shall be removed from office by the Governor General if the question of his or her removal from office has been referred to a tribunal appointed under subsection (8) and the tribunal has recommended to the Governor General that he or she ought to be removed for inability as aforesaid or for misbehaviour.

(8) If the Governor General, acting in his or her own deliberate judgment, considers that the question of removing the Officer under this section ought to be investigated, then—

• (a) the Governor General shall appoint a tribunal which shall consist of a chairperson and not less than 2 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 or her whether the Officer ought to be removed under this section.

(9) If the question of removing the Officer has been referred to a tribunal under this section, the Governor General, acting in his or her own deliberate judgment, may suspend the Officer from the exercise of the functions of his or her office and any such suspension may at any time be revoked by the Governor General, acting as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the Governor General that the Officer should not be removed…

 

Section 89 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 or her 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 or her 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 or her removal from office has been referred to a tribunal appointed under subsection (9) and the tribunal has recommended to the Governor General that he or she ought to be removed for inability as aforesaid or for misbehaviour.

(9) If the Prime Minister or the chairperson 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 chairperson and not less than 2 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 or her whether the Director 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 or her 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 90 states:
(2) If the office of Director of Audit is vacant or if the holder of that office is for any reason unable to exercise the functions of his or her office, the Governor General, acting in accordance with the advice of the Public Service Commission, may appoint a person to act as Director…

(6) A person holding the office of Director of Audit may be removed from office only for inability to exercise the functions of his or her 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.

(7) The Director of Audit shall be removed from office by the Governor General if the question of his or her removal from office has been referred to a tribunal appointed under subsection (8) and the tribunal has recommended to the Governor General that he or she ought to be removed for inability as aforesaid or for misbehaviour.

(8) If the Prime Minister or the chairperson of the Public Service Commission represents to the Governor General that the question of removing the Director of Audit under this section ought to be investigated—

• (a) the Governor General shall appoint a tribunal which shall consist of a chairperson and not less than 2 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 or her whether the Director ought to be removed under this section.

(9) If the question of removing the Director of Audit has been referred to a tribunal under this section, the Governor General, acting in accordance with the advice of the Public Service Commission, may suspend the Director from the exercise of the functions of his or her 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 92 states:
(5) A member of the [Teaching Service] Commission may be removed from office only for inability to exercise the functions of his or her 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) A member of the Commission shall be removed from office by the Governor General if the question of his or her removal from office has been referred to a tribunal appointed under subsection (7) and the tribunal has recommended to the Governor General that he or she ought to be removed from office for inability as aforesaid or for misbehaviour.

(7) If the Prime Minister represents to the Governor General that the question of removing 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 chairperson and not less than 2 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 or her whether the member ought to be removed under this section.

(8) If the question of removing a member of the Commission has been referred to a tribunal under this section, the Governor General, acting in accordance with the advice of the Prime Minister, may suspend that member from the exercise of the functions of his or her 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 that member should not be removed.

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

(10) If at any time there are less than 2 members of the Commission besides the chairperson or if any such member is acting as chairperson or is for any reason unable to exercise the functions of his or her office, the Governor General, acting in accordance with the advice of the Prime Minister, may appoint a person who is qualified to be appointed as a member of the Commission to act as a member, and any person so appointed shall, subject to the provisions of subsection (4), continue to act until the office in which he or she is acting has been filled or, as the case may be, until the holder thereof has resumed his or her functions or until his appointment to act has been revoked by the Governor General, acting in accordance with the advice of the Prime Minister…

 

Section 95 states:

…(4) A member of the [Public Service Board of Appeal] may be removed from office only for inability to exercise the functions of his or her 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 Board shall be removed from office by the Governor General if the question of his or her removal from office has been referred to a tribunal appointed under subsection (6) and the tribunal has recommended to the Governor General that he or she ought to be removed from office for inability as aforesaid or for misbehaviour.

(6) If the Governor General considers that the question of removing a member of the Board under this section ought to be investigated then—

• (a) the Governor General shall appoint a tribunal which shall consist of a chairperson and not less than 2 other members, selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or of a court having jurisdiction in appeals from such a court; and
• (b) the tribunal shall enquire into the matter and report on the facts thereof to the Governor General and recommend to him or her whether the member ought to be removed under this section.

(7) If the question of removing a member of the Board has been referred to a tribunal under this section, the Governor General may suspend that member from the exercise of the functions of his or her office and any such suspension may at any time be revoked by the Governor General and shall in any case cease to have effect if the tribunal recommends to the Governor General that that member should not be removed.

(8) If at any time any member of the Board is for any reason unable to exercise the functions of his or her office, the Governor General may appoint a person who is qualified to be appointed as a member of the Board to act as a member, and any person so appointed shall, subject to the provisions of subsection (4), continue to act until the holder thereof has resumed his or her functions or until his or her appointment to act has been revoked by the Governor General…

 

Section 110 states:

…(6) A person holding the office of Parliamentary Commissioner may be removed from office only for inability to exercise the functions of his or her 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.

(7) The Parliamentary Commissioner shall be removed from office by the Governor General if the question of his or her removal from office has been referred to a tribunal appointed under subsection (8) and the tribunal has recommended to the Governor General that he or she ought to be removed for inability as aforesaid or for misbehaviour.

(8) If the Governor General, acting after consultation with the Prime Minister and the Leader of the Opposition, considers that the question of removing the Parliamentary Commissioner under this section ought to be investigated—

• (a) the Governor General shall appoint a tribunal which shall consist of a chairperson and not less than 2 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 or her whether the Commissioner ought to be removed under this section.

(9) If the question of removing the Parliamentary Commissioner has been referred to a tribunal under this section, the Governor General, acting after consultation with the Prime Minister and the Leader of the Opposition, may suspend the Commissioner from the exercise of the functions of his or her office and any such suspension may at any time be revoked by the Governor General, acting as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the Governor General that the Commissioner should not be removed.

 

Section 111, subsection 2 states:

The Deputy Parliamentary Commissioner shall assist the Parliamentary Commissioner in the performance of the functions of his or her 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 118 states:
…(5) A member of the [Integrity] Commission may be removed from office only for inability to exercise the functions of his or her 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) A member of the Commission shall be removed from office by the Governor General if the question of his or her removal from office has been referred to a tribunal appointed under subsection (7) and the tribunal has recommended to the Governor General that he or she ought to be removed from office for inability as aforesaid or for misbehaviour.

(7) If the Prime Minister represents to the Governor General that the question of removing 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 chairperson and not less than 2 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 or her whether the member ought to be removed under this section.

(8) If the question of removing a member of the Commission has been referred to a tribunal under this section, the Governor General, acting in accordance with the advice of the Prime Minister, may suspend that member from the exercise of the functions of his or her 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 that member should not be removed.

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

(10) If at any time there are less than 2 members of the Commission besides the chairperson or if any such member is acting as chairperson or is for any reason unable to exercise the functions of his or her office, the Governor General, acting in accordance with the advice of the Prime Minister, may appoint a person who is qualified to be appointed as a member of the Commission to act as a member, and any person so appointed shall, subject to the provisions of subsection (4), continue to act until the office in which he or she is acting has been filled or, as the case may be, until the holder thereof has resumed his or her functions or until his or her appointment to act has been revoked by the Governor General, acting in accordance with the advice of the Prime Minister…

 

Section 124, subsection 10 states:

…(5) A member of the [Integrity] Commission may be removed from office only for inability to exercise the functions of his or her 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) A member of the Commission shall be removed from office by the Governor General if the question of his or her removal from office has been referred to a tribunal appointed under subsection (7) and the tribunal has recommended to the Governor General that he or she ought to be removed from office for inability as aforesaid or for misbehaviour.

(7) If the Prime Minister represents to the Governor General that the question of removing 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 chairperson and not less than 2 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 or her whether the member ought to be removed under this section.

(8) If the question of removing a member of the Commission has been referred to a tribunal under this section, the Governor General, acting in accordance with the advice of the Prime Minister, may suspend that member from the exercise of the functions of his or her 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 that member should not be removed.

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

(10) If at any time there are less than 2 members of the Commission besides the chairperson or if any such member is acting as chairperson or is for any reason unable to exercise the functions of his or her office, the Governor General, acting in accordance with the advice of the Prime Minister, may appoint a person who is qualified to be appointed as a member of the Commission to act as a member, and any person so appointed shall, subject to the provisions of subsection (4), continue to act until the office in which he or she is acting has been filled or, as the case may be, until the holder thereof has resumed his or her functions or until his or her appointment to act has been revoked by the Governor General, acting in accordance with the advice of the Prime Minister…

 

Excerpts from Constitution of Saint Lucia (1978)