Trinidad and Tobago

Section 5, subsection 3 states:

The Commission may, after consultation with the political party that nominated a Scrutineer for the appointment, remove the Scrutineer from office if the Commission considers him for good and sufficient cause to be unfit or incompetent to discharge the duties of his office, or if the Scrutineer at any time refuses or wilfully neglects to perform any of his functions under this Act.

 

Section 7, subsection 3 states:
If at any time between the issue of a writ for an election and the delivery or transmission to the Commission of the election return for that election, the Returning Officer dies or becomes incapable of performing his functions as such, the Election Clerk, where only one such Clerk has been appointed, or the Senior Election Clerk, where more than one such Clerk has been appointed, shall forthwith report the fact to the Commission and shall perform the functions of the Returning Officer until some other person is appointed as Returning Officer or the Returning Officer ceases to be incapable of performing and resumes his functions.

 

Section 8 states:

…Where a Presiding Officer dies or becomes unable to perform his functions during the taking of the poll, the Deputy Presiding Officer shall forthwith report the fact to the Returning Officer and shall perform the functions of the Presiding Officer until some other person is appointed as Presiding Officer or the Presiding Officer resumes his functions. (4) Subject to subsection (3), if a Poll Clerk dies or becomes incapable of performing his functions during the taking of the poll, the Presiding Officer shall forthwith report the fact to the Returning Officer, and some other person may forthwith be appointed to act as a Poll Clerk until some other person is appointed as Poll Clerk or the Poll Clerk resumes his duties.

 

Election rules, section 30, subsection 4 states:

If a Polling Agent or a Special Polling Agent dies, or becomes incapable of acting, the candidate or his election agent, as the case may be, may appoint another such agent in his place and the provisions of subrules (2) and (3) shall apply in respect of any such appointment.

 

Excerpts from the Representation of the People Act (1967, last amended 2000)

Section 1, subsection 3 states:

Where by this Constitution any person is directed, or power is conferred on any person or authority, to appoint a person to perform the functions of an office if the holder thereof is unable to perform those functions, the validity of any performance of those functions by the person so directed or of any appointment made in exercise of that power shall not be called in question in any Court on the ground that the holder of the office is not unable to perform the functions of the office.

 

Section 25, subsection 2 states:

Where at any time between the appointed day and the election of the first President of the Senate under section 45, the President under subsection (1) is for any reason unable to perform the functions of President then, until the President under subsection (1) is again able to perform his functions as President, those functions shall be performed by the person who last held the office of President of the Senate under the former Constitution.

 

Section 27 states:

(1) Where the office of President is vacant or the President is incapable of performing his functions as President by reason of his absence from Trinidad and Tobago or by reason of illness, the President of the Senate shall act temporarily as President.

(2) Where the President of the Senate is for any reason unable to act as President under subsection (1) or section 36(2), the functions of President shall be performed by the Speaker.

(3) Where the Speaker is for any reason unable to perform the functions of President under subsection (2), the Vice- President of the Senate shall perform those functions, so, however, that a meeting of the Electoral College shall be held, upon the summons of the Deputy Speaker giving at least forty-eight hours notice thereof, within seven days of the Vice- President of the Senate commencing to perform the functions of President for the purpose of holding an election of a person to fill the vacancy in the office of President under section 26(5), or of a person to act temporarily as President during such period as the President is incapable of performing his functions.

(4) Upon his election to fill the vacancy in the office of President under section 26(5) or to act temporarily as President during such period as the President is incapable of performing his functions in accordance with subsection (3), the person shall immediately assume office.

 

Section 35 states:

The President may be removed from office under section 36 where:…

• (d) because of physical or mental incapacity, he is unable to perform the functions of his office…

 

Section 42, subsection 1 states:

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

• (d) is mentally ill, within the meaning of the Mental Health Act…

 

Section 43, subsection 3 states:

Where circumstances such as are referred to in subsection (2)(d) arise because a Senator is under sentence of death or imprisonment, is mentally ill, declared bankrupt or convicted of an offence relating to elections, and where 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, so however that, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter.

 

Section 44, subsection 1 states:

Where a Senator has temporarily vacated his office under subsection (2) or is incapable of performing his functions as a Senator by virtue of the provisions of section 43(3) or by reason of—…

• (b) illness, the President may appoint a person qualified for appointment as a Senator to be temporarily a member of the Senate during such vacation of office, suspension, absence or illness.

 

Section 48, subsection 1 states:

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

• (c) is mentally ill, within the meaning of the Mental Health Act...

 

Section 49, subsection 3 states:

Where circumstances such as are referred to in paragraph (d) of subsection (2) arise because any member of the House of Representatives is under sentence of death or imprisonment, is mentally ill, declared bankrupt or convicted of an offence relating to elections, and where 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 so however that, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter.

 

Section 78 states:

(1) Where the Prime Minister is absent from Trinidad and Tobago or is unable by reason of illness or of the provisions of section 77(4) to perform the functions conferred on him by this Constitution, the President may authorise some other member of the Cabinet to perform those functions [other than the functions conferred by subsection (2)] and that member may perform those functions until his authority is revoked by the President.

(2) The powers of the President under this section shall be exercised by him in accordance with the advice of the Prime Minister, save that where the President 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 advice by reason of the provisions of section 77(4) the President may exercise those powers without the advice of the Prime Minister.

 

Section 79, subsection 2 states:

Where a Minister is incapable of performing his functions by reason of his absence from Trinidad and Tobago or by reason of illness the President, acting in accordance with the advice of the Prime Minister, may appoint a member of the House of Representatives or a Senator to act in the office of such Minister during such absence or illness.

 

Section 103 states:

Where the office of Chief Justice is vacant or where the Chief Justice is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of such office or until the Chief Justice has resumed those functions, as the case may be, those functions shall be performed by such other of the Judges as may be appointed by the President, after consultation with the Prime Minister and the Leader of the Opposition.

 

Section 104, subsection 2 states:

Where--

• (b) any such Judge is for any reason unable to perform the functions of his office…the President, acting in accordance with the advice of the Judicial and Legal Service Commission—
  • (i) may appoint a person to act in the office of Justice of Appeal or Puisne Judge, as the case may require;
  • (ii) may, notwithstanding section 136, appoint a person who has held office as a Judge and who has attained the age of sixty-five to be temporarily a Puisne Judge for fixed periods of not more than two years.

 

Section 117, subsection 2 states:

Where the office of Auditor General is vacant or the holder of the office is for any reason unable to perform the functions of his office the President after consultation with the Prime Minister and the Leader of the Opposition may appoint a person to act in the office, and any person so appointed shall, subject to the provisions of subsection (4) continue to act until his appointment is revoked by the President, after consultation with the Prime Minister and the Leader of the Opposition.

 

Section 122A states:

The President shall, after consultation with the Prime Minister and the Leader of the Opposition, terminate the appointment of a member of the Police Service Commission, if the member—

• (a) fails to attend four consecutive meetings without reasonable cause…
• (c) becomes infirm in mind or body;
• (d) fails to perform his duties in a responsible or  timely manner…
• (f) demonstrates a lack of competence to perform his duties; or
• (g) misbehaves in office.

 

Section 126, subsection 4 states:

A member of a Service Commission, other than the Judicial and Legal Service Commission, may be removed from office by the President acting in his discretion for inability to discharge the functions of his office, whether arising from infirmity of mind or body or any other cause, or for misbehaviour.

 

Section 136 states:

…(7) The officer may be removed from office only for inability to discharge the functions of his office 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 subsection (10).

(8) A decision that the question of removing the officer from office ought to be investigated may be made at any time—

• (a) in the case of the Ombudsman, by resolution of the House of Representatives; and
• (b) in any other case, by the President either on his own initiative or upon the representation of the Prime Minister.

(9) Where a decision is made under subsection (8) that the question of removing the officer from office ought to be investigated, then—

• (a) the President shall appoint a Tribunal which shall consist of a Chairman and not less than two other members all of whom shall be selected by the President acting in accordance with the advice of the Judicial and Legal Service Commission 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 inquire into the matter and report on the facts to the President and advise the President whether the officer ought to be removed from office on any of the grounds specified in subsection (7).

(10) Where the question of removing the officer from office is referred to a Tribunal appointed under subsection (9) and the Tribunal advises the President that the officer ought to be removed from office, the President shall, by writing signed by him, remove the officer from office.

(11) Where the question of removing the officer from office has been referred to a Tribunal under subsection (9), the President, after consultation with the Judicial and Legal Service Commission, may suspend the officer from performing the functions of his office and any such suspension may at any time be revoked by the President and shall in any case cease to have effect if the Tribunal advises the President that the officer ought not to be removed from office…

 

Section 137 states:

(1) A Judge may be removed from office only for inability to perform the functions of his office (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.

(2) A Judge shall be removed from office by the President where the question of removal of that Judge has been referred by the President to the Judicial Committee and the Judicial Committee has advised the President that the Judge ought to be removed from office for such inability or for misbehaviour.

(3) Where the Prime Minister, in the case of the Chief Justice, or the Judicial and Legal Service Commission, in the case of a Judge other than the Chief Justice, represents to the President that the question of removing a Judge under this section ought to be investigated, then—

• (a) the President shall appoint a tribunal which shall consist of a Chairman and not less than two other members, selected by the President acting in accordance with the advice of the Prime Minister in the case of the Chief Justice or the Prime Minister after consultation with the Judicial and Legal Service Commission in the case of a Judge, 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;
• (b) the tribunal shall enquire into the matter and report on the facts thereof to the President and recommend to the President whether he should refer the question of removal of that Judge from office to the Judicial Committee; and
• (c) where the tribunal so recommends, the President shall refer the question accordingly.

(4) Where the question of removing a Judge from office has been referred to a tribunal under subsection (3), the President, acting in accordance with the advice of the Prime Minister in the case of the Chief Justice or the Chief Justice in the case of a Judge other than the Chief Justice, may suspend the Judge from performing the functions of his office, and any such suspension may at any time be revoked by the President, acting in accordance with the advice of the Prime Minister in the case of the Chief Justice or the Chief Justice in the case of a Judge other than the Chief Justice, and shall in any case cease to have effect—

• (a) where the tribunal recommends to the President that he should not refer the question of removal of the Judge from office to the Judicial Committee; or
• (b) where the Judicial Committee advises the President that the Judge ought not to be removed from office.

 

Excerpts from the Constitution of the Republic of Trinidad and Tobago (1976, last amended 2007)