Constitution of St. Lucia - Cap.1.01

8/12/2019 Constitution of St. Lucia - Cap.1.01

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SAINT LUCIA

CHAPTER 1.01

CONSTITUTION OF SAINT LUCIA

Revised Edition

Showing the law as at 31 December 2006

This is a revised edition of the law, prepared by the Law evision !ommissioner "nder the a"thorityof the evised #dition of the Laws $ct%

This edition contains a consolidation of the following laws&


Stat"tory 'nstr"ment 1()* +o% 1(01 -%.%/, Sched"le 1 %% in force 22 ebr"ary 1()(

$mended by $ct 1) of 1(*0 in force 26 September 1(*0

HOUSE OF ASSEMBLY (REVIE OF CONSTITUENCY BOUN!ARIES" OR!ERS #

Se$tion %&

Stat"tory 'nstr"ment 3(1()3 %% in force 30 +ovember 1()3 S%'%21()3/

Stat"tory 'nstr"ment (1(*) in force 11 arch 1(*) S%'%111(*)/

Stat"tory 'nstr"ment 412001 in force 12 +ovember 2001 S%'%1232001/

PUBLIC SERVICE BOAR! OF APPEAL RE'ULATIONS # Se$tion )

Stat"tory 'nstr"ment 211(*2 %% in force 2) arch 1(*2 5aette notice 22)1(*2/


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SAINT LUCIA CONSTITUTION OR!ER # est Indies A$t o* t+e United ,in-do 1)/

Stat"tory 'nstr"ment 1()* +o% 1(01 -%.%/ %% in force 22 ebr"ary 1()(

LETTERS PATENT

5aette +otice (631(*6%% in force 13 December 1(*6



5aette +otice ()11(*6%% in force 13 December 1(*6




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Laws of Saint L"cia Constitution of Saint Lucia C. 1.01 3

Revision !te2 31 !e$ 400)

CHAPTER 1.01


ARRANGEMENT OF SECTIONS

Section

CHAPTER I 12

PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS 12

1. Fundamental rights and freedoms.........................................................................122. Protection of right to life.........................................................................................123. Protection of right to personal liberty.....................................................................134. Protection from slavery and forced labour.............................................................165. Protection from inhuman treatment.......................................................................166. Protection from deprivation of property.................................................................167. Protection from arbitrary search or entry...............................................................2!. Provisions to secure protection of la"...................................................................21

#. Protection of freedom of conscience.....................................................................241. Protection of freedom of e$pression....................................................................2511. Protection of freedom of assembly and association............................................2612. Protection of freedom of movement....................................................................2613. Protection from discrimination on the grounds of race% etc.................................2!14. &mergency po"ers..............................................................................................315. Protection of persons detained under emergency la"s......................................316. &nforcement of protective provisions..................................................................3117. 'eclaration of emergency...................................................................................331!. (nterpretation and savings...................................................................................34

CHAPTER II 35

THE GOVERNOR GENERAL 35

1#. &stablishment of office........................................................................................352. )cting *overnor *eneral.....................................................................................3521. +aths 3622. 'eputy to *overnor *eneral...............................................................................36

CHAPTER III 37

PARLIAMENT 37

PART 1 37,omposition of Parliament........................................................................................3723. &stablishment......................................................................................................37


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-he enate................................................................................................................ 3724. ,omposition........................................................................................................3725. /ualifications....................................................................................................... 3!26. 'is0ualifications..................................................................................................3!

27. -enure of office...................................................................................................42!. (nability................................................................................................................ 412#. President and 'eputy President..........................................................................42-he ouse of )ssembly............................................................................................433. ,omposition........................................................................................................4331. /ualifications for election....................................................................................4432. 'is0ualifications for election................................................................................4433. &lections..............................................................................................................4634. -enure of office...................................................................................................4735. peaer............................................................................................................... 4!36. 'eputy peaer...................................................................................................537. esponsibility for elections..................................................................................51*eneral provisions....................................................................................................51

3!. ,lers of enate and ouse of )ssembly and their staff....................................523#. 'etermination of 0uestions of membership.........................................................52

PART 2 53

LEGISLATION AND PROCEDURE OF PARLIAMENT 53

4. Po"er to mae la"s............................................................................................5341. )lteration of ,onstitution and upreme ,ourt +rder...........................................5342. Freedom of speech.............................................................................................5643. +ath by embers................................................................................................5644. Presiding.............................................................................................................5645. oting 57

46. Penalty for sitting if un0ualified............................................................................5!47. ode of e$ercise of legislative po"er.................................................................5!4!. estrictions "ith regard to certain financial measures........................................5!4#. estrictions on po"ers of enate as to money bills............................................5#5. estrictions on po"ers of enate as to bills other than money bills...................651. Provision relating to ss. 4# and 5......................................................................6152. crutiny of electoral legislation............................................................................6253. egulation of procedure......................................................................................62

PART 3 62

SUMMONING PROROGATION AND DISSOLUTION 62

54. essions..............................................................................................................6255. Prorogation and dissolution.................................................................................6356. oldings of elections...........................................................................................64

PART ! 65

CONSTITUENC" #OUNDARIES AND ELECTORAL COMMISSIONS 65

57. ,onstituency oundaries ,ommission and &lectoral ,ommission.....................65

PART 5 67

DELIMITATION OF CONSTITUENCIES 67

5!. evie" of constituency boundaries.....................................................................67


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CHAPTER IV 6$

THE E%ECUTIVE 6$

5#. &$ecutive authority..............................................................................................6!

6. inisters of the *overnment...............................................................................6#61. ,abinet of inisters.............................................................................................762. )llocation of portfolios to inisters......................................................................7163. Performance of functions of inisters during absence or illness........................7164. &&,(& of *overnor *eneral8s functions......................................................7265. *overnor *eneral to be informed concerning matters of government................7366. +aths to be taen by inisters% etc.....................................................................7467. 9eader of the +pposition.....................................................................................746!. Parliamentary ecretaries...................................................................................756#. Permanent ecretaries........................................................................................757. ecretary to the ,abinet......................................................................................7671. ,onstitution of offices% etc...................................................................................7672. )ttorney *eneral.................................................................................................7673. ,ontrol of public prosecutions.............................................................................7774. Prerogative of mercy...........................................................................................7!75. ,ommittee on Prerogative of mercy....................................................................7!76. Procedure in capital cases..................................................................................7#

CHAPTER V 7&

FINANCE 7&

77. ,onsolidated Fund..............................................................................................7#7!. :ithdra"als from ,onsolidated Fund or other public funds................................!7#. )uthorisation of e$penditure from ,onsolidated Fund by appropriation la".......!!. )uthorisation of e$penditure in advance of appropriation...................................!1

!1. ,ontingencies Fund............................................................................................!1!2. emuneration of certain officers.........................................................................!2!3. Public debt...........................................................................................................!2!4. )udit of public accounts% etc................................................................................!3

CHAPTER VI $!

THE PU#LIC SERVICE $!

PART 1 $!-he Public ervice ,ommission................................................................................!4

!5. Public ervice ,ommission.................................................................................!4!6. )ppointment etc.% of public officers.....................................................................!6

PART 2 $$)ppointments% etc.% to particular offices....................................................................!!!7. )ppointment% etc.% of Permanent ecretaries and certain other officers.............!!!!. ,hief &lections +fficer.........................................................................................!#!#. 'irector of Public Prosecutions...........................................................................#1#. 'irector of )udit...................................................................................................#3#1. )ppointment% etc. of magistrates% registrars and legal officers............................#4

PART 3 &5-he -eaching ervice ,ommission...........................................................................#5#2. -eaching ervice ,ommission............................................................................#5#3. )ppointment% etc.% of teachers.............................................................................#!


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PART ! &$-he Police.................................................................................................................#!#4. Police Force........................................................................................................#!

PART 5 &&-he Public ervice oard of )ppeal..........................................................................###5. Public ervice oard of )ppeal.........................................................................1#6. )ppeals in discipline cases...............................................................................12

PART 6 1'3Pensions 13#7. Pensions la"s and protection of pensions rights..............................................13#!. Po"er to "ithhold pensions% etc........................................................................14

CHAPTER VII 1'5

CITI(ENSHIP 1'5

##. Persons "ho become citi;ens on 22 February 1#7#........................................151. Persons born in aint 9ucia on or after 22 February 1#7#.............................1611. Persons born outside aint 9ucia on or after 22 February 1#7#.....................1712. egistration.....................................................................................................1713. )c0uisition% deprivation and renunciation........................................................1#14. (nterpretation...................................................................................................1#

CHAPTER VIII 11'

)UDICIAL PROVISIONS 11'

15. +riginal


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124. (nterpretation...................................................................................................125

SCHEDULE 1 TO THE CONSTITUTION 13'

ALTERATION OF CONSTITUTION AND SUPREME COURT ORDER 13'

PART I 13'

PROVISIONS OF CONSTITUTION REFERRED TO IN SECTION !1*2+ 13'

PART II 13'

PROVISIONS OF THE SUPREME COURT ORDER REFERRED TO INSECTION !1*2+ 13'

SCHEDULE 2 TO THE CONSTITUTION 13'RULES CONCERNING CONSTITUENCIES 13'

SCHEDULE 3 TO THE CONSTITUTION 131

MATTERS NOT SU#)ECT TO INVESTIGATION #" PARLIAMENTAR"COMMISSIONER 131

1. hort -itle............................................................................................................ 1332. ?umber of ,onstituencies...................................................................................1343. )pplication of +rder.............................................................................................134

SCHEDULE 13!1. hort -itle............................................................................................................ 1432. evie" of ,onstituency oundaries....................................................................143

SCHEDULE 1!31. hort title............................................................................................................. 1473. evie" of ,onstituency oundaries....................................................................147

SCHEDULE 1!&

PART 1 162

PRELIMINAR" 162

1. hort -itle............................................................................................................ 1622. 'efinition.............................................................................................................162

PART 2 163

PROCEDURE AT MEETINGS 163

3. eetings..............................................................................................................1634. pecial eetings.................................................................................................1635. ?otice of eetings and presiding at eetings....................................................1636. /uorum...............................................................................................................163

7. oting 163!. inutes164


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PART 3 16!

APPEALS 16!

#. ight of )ppeal....................................................................................................164

1. &$emption from )ppeal.....................................................................................16411. ?otice of )ppeal and easons..........................................................................16412. ringing )ppeal.................................................................................................16513. *iving ?otice of )ppeal.....................................................................................16514. ?otifications of )ppeal.......................................................................................16515. -he ecord........................................................................................................16616. -ransmitting ecord..........................................................................................166

PART ! 167

SITTINGS ON APPEALS AND DECISIONS 167

17. 'efinition...........................................................................................................167

1!. ,onstitution of oard for )ppeals......................................................................1671#. 'ecisions...........................................................................................................1672. ,hairperson to preside at sittings......................................................................16!21. -ime and place of sittings..................................................................................16!22. Publicat(on of sittings........................................................................................16!23. ?otices of hearings of )ppeals..........................................................................16!24. )d=ournments....................................................................................................16#25. )ppearance of )ppellant...................................................................................16#26. espondent....................................................................................................... 16#27. )bsence of )ppellant at hearing.......................................................................16#2!. )ppeals by "ay of re>hearing............................................................................16#2#. ?otification of decisions.....................................................................................173. &$tension of time to appeal...............................................................................17

31. Procedure in matters provided for.....................................................................17132. Failure of +fficers to abide by these egulations..............................................1711. ,itation and commencement...............................................................................1752. evocation..........................................................................................................1763. &stablishment of ,onstitution..............................................................................176

SCHEDULE 1 TO THE ORDER 176

THE CONSTITUTION OF SAINT LUCIA 176

SCHEDULE 2 TO THE ORDER 176

TRANSITIONAL PROVISIONS 176)rrangement of paragraphs....................................................................................1761. 'ischarge of *overnor *eneral8s functions........................................................1772. &$isting la"s........................................................................................................1774. inisters and Parliamentary ecretaries.............................................................17#5. +ffice of )ttorney *eneral...................................................................................1!6. &$isting public officers.........................................................................................1!7. +aths 1!!. upreme ,ourt +rder.......................................................................................... 1!1#. )ppeals +rder.....................................................................................................1!11. Protection from inhuman treatment...................................................................1!111. ,ommon"ealth citi;en......................................................................................1!1

12. (nterpretation.....................................................................................................1!2


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LETTERS PATENT ESTA#LISHING THE ORDER OF SAINT LUCIA 1$3

*&&-(?*@.............................................................................................................1!3

SCHEDULE 1$!CONSTITUTION OF THE ORDER OF SAINT LUCIA 1$!

OFFICERS AND COMMITTEE OF THE ORDER 1$5

LETTERS PATENT INSTITUTING THE SAINT LUCIA PU#LIC SERVICESLONG SERVICE MEDAL 1$6

*&&-(?*@.............................................................................................................1!6

SCHEDULE 1$7

REGULATIONS GOVERNING THE A,ARD OF THE SAINT LUCIA

PU#LIC SERVICES LONG SERVICE MEDAL 1$7SHORT TITLE 1$7

DESIGN OF MEDAL 1$7

CONDITIONS FOR A,ARD OF MEDAL 1$7

,EARING OF MEDAL 1$$

SOCIET" OF HONOUR ORDER OF SAINT LUCIA 1$$


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CHAPTER 1.01


(Stt5to67 Inst65ent 1/& No. 101 (U.,." S$+ed58e 1 nd A$t 1/ o* 1&0"

Editors note: This Constitution is Schedule 1 to the Saint

Lucia Constitution Order 1978 of the United Kingdom

78##$S the 9eople of Saint L"cia&

a/ affirm their faith in the s"premacy of the $lmighty 5od:

b/ believe that all persons have been endowed e;"ally by

5od with inalienable rights and dignity:c/ recognise that the en


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i/ pledge their s"pport for international peace and sec"rity,for friendly relations among nations and the promotion of"niversal respect for h"man rights and freedoms: and

their co>operation in solving by peacef"l meansinternational problems of an economic, social or politicalcharacter:


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criminal offence "nder any law of which he or she has beenconvicted%

2/ $ person shall not be regarded as having been deprived of hisor her life in contravention if he or she dies as the res"lt of the"se, to s"ch e=tent and in s"ch circ"mstances as are permittedby law, of s"ch force as is reasonably


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f/ "nder the order of a co"rt or with the consent of his or herparent or g"ardian, for his or her ed"cation or welfared"ring any period ending not later than the date when he

or she attains the age of 1* years:g/ for the p"rpose of preventing the spread of an infectio"s

or contagio"s disease:

h/ in the case of a person who is, or is reasonably s"spectedto be, of "nso"nd mind, addicted to dr"gs or alcohol, or avagrant, for the p"rpose of his or her care or treatment orthe protection of the comm"nity:

i/ for the p"rpose of preventing his or her "nlawf"l entryinto Saint L"cia, or for the p"rpose of effecting his or here=p"lsion, e=tradition or other lawf"l removal from SaintL"cia or for the p"rpose of restraining him or her while heor she is being conveyed thro"gh Saint L"cia in theco"rse of his or her e=tradition or removal as a convictedprisoner from one co"ntry to another: or


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b/ "pon reasonable s"spicion of his or her havingcommitted, or being abo"t to commit, a criminal offence"nder any law

and who is not released, shall be bro"ght before a co"rt witho"t"nd"e delay and in any case not later than )2 ho"rs after s"charrest or detention%

/ 7here any person is bro"ght before a co"rt in e=ec"tion of theorder of a co"rt in any proceedings or "pon s"spicion of his orher having committed or being abo"t to commit an offence, heor she shall not be thereafter f"rther held in c"stody inconnection with those proceedings or that offence save "pon theorder of a co"rt%

4/ 'f any person arrested or detained as mentioned in s"bsection3/b/ is not tried within a reasonable time, then witho"tpre


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!- PROTECTION FROM SLAVER" AND FORCED LA#OUR

1/ +o person shall be held in slavery or servit"de%

2/ +o person shall be re;"ired to perform forced labo"r%3/ or the p"rposes of this section, the e=pression Bforced labo"rC

does not incl"de&

a/ any labo"r re;"ired in conse;"ence of the sentence ororder of a co"rt:

b/ labo"r re;"ired of any person while he or she is lawf"llydetained that, tho"gh not re;"ired in conse;"ence of thesentence or order of a co"rt, is reasonably necessary in theinterests of hygiene or for the maintenance of the place atwhich he or she is detained:

c/ any labo"r re;"ired of a member of a disciplined force inp"rs"ance of his or her d"ties as s"ch or, in the case of aperson who has conscientio"s obbeing of thecomm"nity, to the e=tent that the re;"iring of s"ch labo"ris reasonably


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2/ #very person having an interest in or right over property that iscomp"lsorily ta?en possession of or whose interest in or rightover any property is comp"lsorily ac;"ired shall have a right of

direct access to the 8igh !o"rt for&a/ determining the nat"re and e=tent of that interest or right:

b/ determining whether that ta?ing of possession orac;"isition was d"ly carried o"t in accordance with a lawa"thorising the ta?ing of possession or ac;"isition:

c/ determining what compensation he or she is entitled to"nder the law applicable to that ta?ing of possession orac;"isition:

d/ obtaining that compensationA9rovided that if 9arliament so provides in relation to any matterreferred to in paragraph a/ or c/ the right of access shall be byway of appeal e=ercisable as of right at the instance of theperson having the interest in or right over the property/ from atrib"nal or a"thority, other than the 8igh !o"rt, having


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a/ the attachment, by order of a co"rt, of any amo"nt ofcompensation to which a person is entitled in satisfactionof the


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or occ"pier of the land has been re;"ired, and haswitho"t reasonable e=c"se ref"sed or failed, to carryo"t/,

and e=cept so far as that provision or, as the case may be, thething done "nder the a"thority thereof is shown not to bereasonably


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relating thereto, whether "nder a contract, tr"st or law orotherwise and whether present or f"t"re, absol"te orconditional:

B$95isitionC, in relation to an interest in or right over property,means transferring that interest or right to another personor e=ting"ishing or c"rtailing that interest or right%

7- PROTECTION FROM AR#ITRAR" SEARCH OR ENTR"

1/ #=cept with his or her own consent, a person shall not bes"b


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$- PROVISIONS TO SECURE PROTECTION OF LA,

1/ 'f any person is charged with a criminal offence, then, "nlessthe charge is withdrawn, the case shall be afforded a fair

hearing within a reasonable time by an independent andimpartial co"rt established by law%

2/ #very person who is charged with a criminal offence&

a/ shall be pres"med to be innocent "ntil he or she is provedor has pleaded g"ilty:

b/ shall be informed as soon as reasonably practicable, in alang"age that he or she "nderstands and in detail, of thenat"re of the offence charged:

c/ shall be given ade;"ate time and facilities for thepreparation of his or her defence:

d/ shall be permitted to defend himself or herself before theco"rt in person or, at his or her own e=pense, by a legalpractitioner of his or her own choice:

e/ shall be afforded facilities to e=amine in person or by hisor her legal representative the witnesses called by theprosec"tion before the co"rt, and to obtain the attendanceand carry o"t the e=amination of witnesses to testify onhis or her behalf before the co"rt on the same conditionsas those applying to witnesses called by the prosec"tion:and

f/ shall be permitted to have witho"t payment the assistanceof an interpreter if he or she cannot "nderstand thelang"age "sed at the trial,

and e=cept with his or her own consent the trial shall not ta?eplace in his or her absence "nless he or she so cond"cts himself

or herself as to render the contin"ance of the proceedings in hisor her presence impracticable and the co"rt has ordered him orher to be removed and the trial to proceed in his or her absenceA

9rovided that the trial may ta?e place in his or her absence inany case in which it is so provided by a law "nder which he orshe is entitled to ade;"ate notice of the charge and the date,time and place of the trial and a reasonable opport"nity ofappearing before the co"rt%

3/ 7hen a person is tried for any criminal offence, the acc"sedperson or any person a"thorised by him or her in that behalfshall, if he or she so re;"ires and s"b


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reasonable fee as may be prescribed by law, be given within areasonable time after


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anno"ncement of the decision of the co"rt or other a"thority,shall be held in p"blic%

11/ +othing in s"bsection 10/ shall prevent the co"rt or otherad


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1/ 'n this section Bcriminal offenceC means a criminal offence"nder a law%

&- PROTECTION OF FREEDOM OF CONSCIENCE

1/ #=cept with his or her own consent, a person shall not behindered in the en


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any religion witho"t the "nsolicited intervention ofmembers of any other religion: or

c/ for the p"rpose of reg"lating ed"cational instit"tions in

the interests of the persons who receive or may receiveinstr"ction in them,



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3/ +othing contained in or done "nder the a"thority of any lawshall be held to be inconsistent with or in contravention of thissection to the e=tent that the law in ;"estion ma?es provision&

a/ for the imposition of restrictions on the movement orresidence within Saint L"cia of any person or on anypersonEs right to leave Saint L"cia that are reasonablyre;"ired in the interests of defence, p"blic safety or p"blicorder:

b/ for the imposition of restrictions on the movement orresidence within Saint L"cia or on the right to leave SaintL"cia of persons generally or any class of persons in theinterests of defence, p"blic safety, p"blic order, p"blic

morality or p"blic health or, in respect of the right toleave Saint L"cia, of sec"ring compliance with anyinternational obligation of the 5overnment partic"lars ofwhich have been laid before the Senate and the 8o"se ande=cept so far as that provision or, as the case may be, thething done "nder the a"thority thereof is shown not to bereasonably


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sentence of a co"rt in respect of a criminal offence "ndera 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 L"cia that are reasonably re;"ired inorder to sec"re the f"lfilment of any obligations imposedon that person by law



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*/ +othing contained in s"bsection 2/ shall affect any discretionrelating to the instit"tion, cond"ct or discontin"ance of civil orcriminal proceedings in any co"rt that is vested in any person

by or "nder this !onstit"tion or any other law%

1!- EMERGENC" PO,ERS

1/ 7itho"t pre


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@fficial 5aette stating that he or she has been detainedand giving partic"lars of the provision of law "nder whichhis or her detention is a"thorised:

c/ not more than one month after the commencement of hisor her detention and thereafter d"ring his or her detentionat intervals of not more than 3 months, his or her caseshall be reviewed by an independent and impartialtrib"nal established by law and presided over by a personappointed by the !hief "stice from among persons whoare legal practitioners:

d/ he or she shall be afforded reasonable facilities for privatecomm"nication and cons"ltation with a legal practitioner

of his or her own choice who shall be permitted to ma?erepresentations to the trib"nal appointed for the review ofthe case of the detained person: and

e/ at the hearing of his or her case by the trib"nal appointedfor the review of his or her case he or she shall bepermitted to appear in person or to be represented by alegal practitioner of his or her own choice%

2/ @n any review by a trib"nal in p"rs"ance of this section of the

case of a detained person, the trib"nal may ma?erecommendations concerning the necessity or e=pediency ofcontin"ing his or her detention to the a"thority by which it wasordered b"t, "nless it is otherwise provided by law, thata"thority shall not be obliged to act in accordance with any s"chrecommendations%

3/ +othing contained in s"bsection 1/d/ or 1/e/ shall beconstr"ed as entitling a person to legal representation at p"blice=pense%

16- ENFORCEMENT OF PROTECTIVE PROVISIONS

1/ 'f any person alleges that any of the provisions of sections 2 to14 incl"sive has been, is being or is li?ely to be contravened inrelation to him or her or, in the case of a person who isdetained, if any other person alleges s"ch a contravention inrelation to the detained person/, then, witho"t pre


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2/ The 8igh !o"rt shall have original


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17- DECLARATION OF EMERGENC"

1/ The 5overnor 5eneral may, by proclamation which shall bep"blished in the @fficial 5aette, declare that a state of

emergency e=ists for the p"rposes of this !hapter%

2/ $ proclamation "nder this section shall not be effective "nless itcontains a declaration that the 5overnor 5eneral is satisfied&

a/ that a p"blic emergency has arisen as a res"lt of theimminence of a state of war between Saint L"cia and aforeign state:

b/ that a p"blic emergency has arisen as a res"lt of theocc"rrence of any earth;"a?e, h"rricane, flood, fire,

o"tbrea? of pestilence or of infectio"s disease, or othercalamity whether similar to the foregoing or not: or

c/ that action has been ta?en, or is immediately threatened,by any person, of s"ch a nat"re and on so e=tensive ascale, as to be li?ely to endanger the p"blic safety or todeprive the comm"nity or any s"bstantial portion of thecomm"nity of s"pplies or services essential to life%

3/ #very declaration of emergency shall lapse&

a/ in the case of a declaration made when 9arliament issitting, at the e=piration of a period of ) days beginningwith the date of p"blication of the declaration: and

b/ in any other case, at the e=piration of a period of 21 daysbeginning with the date of p"blication of the declaration,

"nless it has in the meantime been approved by resol"tions ofthe Senate and the 8o"se%

/ $ declaration of emergency may at any time be revo?ed by the5overnor 5eneral by proclamation that shall be p"blished inthe @fficial 5aette%

4/ $ declaration of emergency that has been approved byresol"tions of the Senate and the 8o"se in p"rs"ance ofs"bsection 3/ shall remain in force so long as both thoseresol"tions remain in force and no longer%

6/ $ resol"tion of the Senate or the 8o"se passed for the p"rposesof this section shall remain in force for 12 months or s"chshorter period as may be specified therein%

8owever, any s"ch resol"tion may be e=tended from time totime by a f"rther s"ch resol"tion, each e=tension not e=ceeding


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12 months from the date of the resol"tion effecting thee=tension: and any s"ch resol"tion may be revo?ed at any timeby a f"rther resol"tion%

)/ $ resol"tion of the 8o"se for the p"rposes of s"bsection 3/ anda resol"tion of the 8o"se e=tending any s"ch resol"tion shallnot be passed in the 8o"se "nless it is s"pported by the votes ofa ma


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2/ 'n this !hapter Bperiod of p"blic emergencyC means any periodd"ring which&

a/ 8er a


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cons"lted those religio"s, economic or social bodies orassociations from which he or she considers that s"chSenators sho"ld be selected%

25- .UALIFICATIONS

S"b


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co"rt, or is "nder s"ch a sentence of imprisonment thee=ec"tion of which has been s"spended: or

f/ s"b


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a/ 2 or more sentences of imprisonment that are re;"ired tobe served consec"tively shall be regarded as separatesentences if none of those sentences e=ceeds 12 months,

b"t if any one of s"ch sentences e=ceeds that term theyshall be regarded as one sentence: and

b/ no acco"nt shall be ta?en of a sentence of imprisonmentimposed as an alternative to or in defa"lt of the paymentof a fine%

27- TENURE OF OFFICE

1/ $ Senator shall vacate his or her seat in the Senate at the ne=t

dissol"tion of 9arliament after his or her appointment%

2/ $ Senator shall also vacate his or her seat in the Senate&

a/ if he or she is absent from the sittings of the Senate fors"ch period and in s"ch circ"mstances as may beprescribed in the r"les of proced"re of the Senate:

b/ if he or she ceases to be a !ommonwealth citien:

c/ if, with his or her consent, he or she is nominated as acandidate for election to the 8o"se or if he or she is

elected to be a member of the 8o"se:d/ s"b


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offence relating to elections and if it is open to theSenator to appeal against the decision either with theleave of a co"rt or other a"thority or witho"t s"ch leave/,

he or she shall cease to perform his or her f"nctions as amember of the Senate b"t, s"b


41/187



proceedings of the Senate "ntil he or she is declared by the5overnor 5eneral again to be able to perform those f"nctions%

3/ 7itho"t pre


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provided that, the 9resident shall not vacate his or heroffice by reason only that he or she has ceased to be aSenator on a dissol"tion of 9arliament "ntil the Senate

first meets after that dissol"tion:b/ if he or she is appointed to be a inister or a

9arliamentary Secretary: or

c/ in the case of the Dep"ty 9resident, if he or she is electedto be 9resident%

/

a/ 'f, by virt"e of section 2)3/a/, the 9resident or Dep"ty9resident is re;"ired to cease to perform his or her

f"nctions as a member of the Senate he or she shall alsocease to perform his or her f"nctions as 9resident orDep"ty 9resident, as the case may be, and those f"nctionsshall, "ntil he or she vacates his or her seat in the Senateor res"mes the performance of the f"nctions of his or heroffice, be performed&

i/ in the case of the 9resident, by the Dep"ty 9residentor, if the office of Dep"ty 9resident is vacant or theDep"ty 9resident is re;"ired to cease to perform his

or her f"nctions as a member of the Senate by virt"eof section 2)3/, by s"ch Senator not being ainister or a 9arliamentary Secretary/ as the Senatemay elect for the p"rpose,

ii/ in the case of the Dep"ty 9resident, by s"ch Senatornot being a inister or a 9arliamentary Secretary/as the Senate may elect for the p"rpose%

b/ 'f the 9resident or Dep"ty 9resident res"mes theperformance of his or her f"nctions as a member of the

Senate, in accordance with the provisions of section 2)3/c/, he or she shall also res"me the performance of his orher f"nctions as 9resident or Dep"ty 9resident, as the casemay be%

The %ouse of ssem!l"

3'- COMPOSITION

1/ The 8o"se shall consist of s"ch n"mber of members ascorresponds with the n"mber of constit"encies established in


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C. 1.01 Constitution of Saint Lucia Laws of Saint L"cia


accordance with the provisions of section 4*, who shall beelected in accordance with the provisions of section 33%

2/ 'f a person who is not a member of the 8o"se is elected to beSpea?er he or she shall, by virt"e of holding the office ofSpea?er, be a member of the 8o"se%

3/ $t any time when the office of $ttorney 5eneral is a p"blicoffice, the $ttorney 5eneral shall, by virt"e of holding or actingin that office, be a member of the 8o"se%

31- .UALIFICATIONS FOR ELECTION

S"b


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e/ is "nder sentence of death imposed on him or her by aco"rt of law in any part of the !ommonwealth or isserving a sentence of imprisonment by whatever name

called/ e=ceeding 12 months imposed on him or her bys"ch a co"rt or s"bstit"ted by competent a"thority forsome other sentence imposed on him or her by s"ch aco"rt, or is "nder s"ch a sentence of imprisonment thee=ec"tion of which has been s"spended: or

f/ s"b


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d/ he or she has, within s"ch period not e=ceeding 3 years/as 9arliament may prescribe, held or acted in any office orappointment the ten"re of which wo"ld, by virt"e of any

provision made "nder this s"bsection, dis;"alify him orher for election as a member, being an office orappointment the emol"ments of which e=ceed s"chamo"nt as 9arliament may prescribe%

6/ 'n s"bsection 1/&

B-ove6nent $ont6$tC means any contract made with the5overnment or with a department of the 5overnment orwith an officer of the 5overnment contracting as s"ch:

Biniste6 o* 6e8i-ionC means any person in holy orders and anyother person the f"nctions of whose principal occ"pationincl"de teaching or preaching in any congregation forreligio"s worship%

)/ or the p"rposes of s"bsection 1/e/&

a/ 2 or more sentences of imprisonment that are re;"ired tobe served consec"tively shall be regarded as separatesentences if none of those sentences e=ceeds 12 months,b"t if any one of s"ch sentences e=ceeds that term they

shall be regarded as one sentence: and

b/ no acco"nt shall be ta?en of a sentence of imprisonmentimposed as an alternative to or in defa"lt of the paymentof a fine%

33- ELECTIONS

1/ #ach of the constit"encies established in accordance with theprovisions of section 4* shall ret"rn one member to the 8o"sewho shall be directly elected in s"ch manner as may, s"b


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Laws of Saint L"cia Constitution of Saint Lucia C. 1.01 )


in accordance with the provisions of any law in thatbehalf, and no other person may be so registered%

b/ #very person who is registered as aforesaid in any

constit"ency shall, "nless he or she is dis;"alified by9arliament from voting in that constit"ency in anyelection of members of the 8o"se, be entitled so to vote,in accordance with the provisions of any law in thatbehalf, and no other person may so vote%

c/ or the p"rposes of this s"bsection the prescribed ageshall be the age of 21 years or s"ch lower age, not beingless than 1* years, as 9arliament may prescribe%

3/ 'n any election of members of the 8o"se the votes shall begiven by ballot in s"ch manner as not to disclose how anypartic"lar person votes%

3!- TENURE OF OFFICE

1/ $ member of the 8o"se hereinafter in this section referred toas a member/ shall vacate his or her seat in the 8o"se at thene=t dissol"tion of 9arliament after his or her election%

2/ $ member shall also vacate his or her seat in the 8o"se&a/ if he or she is absent from the sittings of the 8o"se for

s"ch period and in s"ch circ"mstances as may beprescribed in the r"les of proced"re of the 8o"se:

b/ if he or she ceases to be a citien: or

c/ s"b


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this section, he or she shall not vacate his or her seat "ntilthe e=piration of a period of 30 days thereafterA

9rovided that the Spea?er may, at the re;"est of themember, from time to time e=tend that period for f"rtherperiods of 30 days to enable the member to p"rs"e anappeal against the decision, so, however, that e=tensionsof time e=ceeding in the aggregate 140 days shall not begiven witho"t the approval, signified by resol"tion, of the8o"se%

b/ 'f, on the determination of any appeal, s"ch circ"mstancescontin"e to e=ist and no f"rther appeal is open to themember, or if, by reason of the e=piration of any periodfor entering an appeal or notice thereof or the ref"sal ofleave to appeal or for any other reason, it ceases to beopen to the member to appeal, he or she shall vacate hisor her seat%

c/ 'f at any time before the member vacates his or her seats"ch circ"mstances aforesaid cease to e=ist, his or her seatshall not become vacant on the e=piration of the periodreferred to in paragraph a/ and he or she may res"me theperformance of his or her f"nctions as a member%

/ eferences in this section to a member do not incl"dereferences to a Spea?er who was elected from among personswho were not members of the 8o"se%

35- SPEA/ER

1/ 7hen the 8o"se first meets after any general election ofmembers and before it proceeds to the despatch of any otherb"siness, it shall elect a person to be the Spea?er: and if theoffice of Spea?er falls vacant at any time before the ne=tdissol"tion of 9arliament, the 8o"se shall, as soon aspracticable, elect another person to that office%

2/ The Spea?er may be elected either from among the members ofthe 8o"se who are not members of the !abinet or9arliamentary Secretaries or from among persons who are notmembers of the 8o"seA

9rovided that a person who is not a member of the 8o"se shall

not be elected as Spea?er if&a/ he or she is not a !ommonwealth citien: or


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b/ he or she is a person dis;"alified to be elected as amember by virt"e of section 321/ or 32/ or by virt"e orany law enacted in p"rs"ance of section 322/, 323/ or

324/%

3/ +o b"siness shall be transacted in the 8o"se other than theelection of a Spea?er/ at any time when the office of Spea?er isvacant%

/ $ person shall vacate the office of Spea?er&

a/ in the case of a Spea?er who was elected from among themembers of the 8o"se&

i/ if he or she ceases to be a member of the 8o"seA

provided that the Spea?er shall not vacate his or heroffice by reason only that he or she ceased to be amember of the 8o"se on a dissol"tion of9arliament, "ntil the 8o"se first meets after thedissol"tion, or

ii/ if he or she becomes a member of the !abinet or a9arliamentary Secretary:

b/ in the case of a Spea?er who was elected from among

persons who were not members of the 8o"se&i/ when the 8o"se first meets after any dissol"tion of

9arliament,

ii/ if he or she ceases to be a !ommonwealth citien,or

iii/ if any circ"mstances arise that wo"ld ca"se him orher to be dis;"alified to be elected as a member byvirt"e of section 321/ or 32/ or by virt"e of anylaw enacted in p"rs"ance of section 322/, 323/ or

324/%

4/ 'f, by virt"e of section 33/, the Spea?er being an electedmember of the 8o"se/ is re;"ired to cease to perform his or herf"nctions as a member of the 8o"se he or she shall also cease toperform his or her f"nctions as Spea?er: and if the Spea?erres"mes the performance of his or her f"nctions as a member ofthe 8o"se, in accordance with the provisions of that section, heor she shall also res"me the performance of his or her f"nctionsas Spea?er%

6/ $t any time when, by virt"e of section 33/, the Spea?er is"nable to perform the f"nctions of his or her office, those


49/187



f"nctions shall, "ntil he or she vacates his or her seat in the8o"se or res"mes the performance of the f"nctions of his or heroffice, be performed by the Dep"ty Spea?er or, if the office of

Dep"ty Spea?er is vacant or the Dep"ty Spea?er is re;"ired tocease to perform his or her f"nctions as a member of the 8o"seby virt"e of that s"bsection, by s"ch member of the 8o"se notbeing a member of the !abinet or a 9arliamentary Secretary/ asthe 8o"se may elect for the p"rpose%

36- DEPUT" SPEA/ER

1/ 7hen the 8o"se first meets after any general election of

members and before it proceeds to the despatch of any otherb"siness e=cept the election of the Spea?er, the 8o"se shallelect a member of the 8o"se, who is not a member of the!abinet or a 9arliamentary Secretary, to be Dep"ty Spea?er ofthe 8o"se and if the office of Dep"ty Spea?er falls vacant atany time before the ne=t dissol"tion of 9arliament, the 8o"seshall, as soon as convenient, elect another member of the 8o"seto that office%

2/ $ person shall vacate the office of Dep"ty Spea?er&

a/ if he or she ceases to be a member of the 8o"se:

b/ if he or she becomes a member of the !abinet or a9arliamentary Secretary: or

c/ if he or she is elected to be Spea?er%

3/ 'f, by virt"e of section 33/, the Dep"ty Spea?er is re;"ired tocease to perform his or her f"nctions as a member of the 8o"sehe or she shall also cease to perform his or her f"nctions asDep"ty Spea?er and if the Dep"ty Spea?er res"mes the

performance of his or her f"nctions as a member of the 8o"se,in accordance with the provisions of that section, he or she shallalso res"me the performance of his or her f"nctions as Dep"tySpea?er%

/ $t any time when, by virt"e of section 33/, the Dep"tySpea?er is "nable to perform the f"nctions of his or her office,those f"nctions shall, "ntil he or she vacates his or her seat inthe 8o"se or res"mes the performance of the f"nctions of his orher office, be performed by s"ch member of the 8o"se not

being a member of the !abinet or a 9arliamentary Secretary/ asthe 8o"se may elect for the p"rpose%


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37- RESPONSI#ILIT" FOR ELECTIONS

1/ The #lectoral !ommission shall be responsible for theregistration of voters for the p"rpose of electing members of the

8o"se and for the cond"ct of elections of members of the8o"se and shall have s"ch powers and other f"nctions relatingto s"ch registration and elections as may be prescribed by law%1

2/ 'n the discharge of its f"nctions the #lectoral !ommission shallbe assisted by a !hief #lections @fficer, whose office shall be ap"blic office, and the !ommission may give s"ch directions asit considers necessary or e=pedient to the @fficer, who shallcomply with s"ch directions or ca"se them to be complied with%

3/ or the p"rposes of the e=ercise of his or her f"nctions "nders"bsection 2/, the !hief #lections @fficer may give s"chdirections as he or she considers necessary or e=pedient to anyregistering officer, presiding officer or ret"rning officer relatingto the e=ercise by that officer of his or her f"nctions "nder anylaw reg"lating the registration of voters or the cond"ct ofelections, and any officer to whom directions are given "nderthis s"bsection shall comply with those directions%

/ The #lectoral !ommission may ma?e s"ch reports to the

5overnor 5eneral concerning the matters for which it isresponsible "nder this section or any draft bill or instr"ment thatis referred to it "nder section 42, as it may thin? fit and if the!ommission so re;"ests in any s"ch report other than a reporton a draft bill or instr"ment that report shall be laid before the8o"se%

4/ 7itho"t pre


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3$- CLER/S OF SENATE AND HOUSE OF ASSEM#L" AND THEIRSTAFF

1/ There shall be a !ler? of the Senate and a !ler? of the 8o"seA

9rovided that the offices of !ler? of the Senate and !ler? of the8o"se may be held by the same person%

2/ S"b


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4/ 'f any application is made by a person other than the $ttorney5eneral to the 8igh !o"rt for the determination of any ;"estion"nder this section, the $ttorney 5eneral may intervene and may

then appear or be represented in the proceedings%

6/ The circ"mstances and manner in which and the imposition ofconditions "pon which any application may be made to the8igh !o"rt for the determination of any ;"estion "nder thissection and the powers, practice and proced"re of the 8igh!o"rt in relation to any s"ch application shall be reg"lated bys"ch provision as may be made by 9arliament%

)/ $n appeal shall lie as of right to the !o"rt of $ppeal from anyfinal decision of the 8igh !o"rt determining s"ch a ;"estion asis referred to in s"bsection 1/%

*/ +o appeal shall lie from any decision of the !o"rt of $ppeal ine=ercise of the


53/187



2/ $ bill to alter this section, Sched"le 1 to this !onstit"tion orany of the provisions of this !onstit"tion specified in 9art ' ofthat Sched"le or any of the provisions of the S"preme !o"rt

@rder specified in 9art '' of that Sched"le shall not be regardedas being passed by the 8o"se "nless on its final reading in the8o"se the bill is s"pported by the votes of not less than G of allthe members of the 8o"se%

3/ $ bill to alter any of the provisions of this !onstit"tion or, asthe case may be, of the S"preme !o"rt @rder other than thosereferred to in s"bsection 2/ shall not be regarded as beingpassed by the 8o"se "nless on its final reading in the 8o"se thebill is s"pported by the votes of not less than F of all the

members of the 8o"se%

/ $n amendment made by the Senate to a bill to which s"bsection2/ applies shall not be regarded as being agreed to by the8o"se for the p"rposes of section 40 "nless s"ch agreement issignified by resol"tion s"pported by the votes of not less than Gof all the members of the 8o"se%

4/ $n amendment made by the Senate to a bill to which s"bsection3/ applies shall not be regarded as being agreed to by the

8o"se for the p"rposes of section 40 "nless s"ch agreement issignified by resol"tion s"pported by the votes of not less than Fof all the members of the 8o"se%

6/ $ bill to alter any of the provisions of this !onstit"tion or theS"preme !o"rt @rder shall not be s"bmitted to the 5overnor5eneral for his or her assent&

a/ "nless there has been an interval of not less than (0 daysbetween the introd"ction of the bill in the 8o"se and thebeginning of the proceedings in the 8o"se on the second

reading of the bill: andb/ if the bill provides for the alteration of this section,

Sched"le ' to this !onstit"tion or any of the provisions ofthis !onstit"tion or the S"preme !o"rt @rder specified inthat Sched"le, "nless after it has been passed by theSenate and the 8o"se or, in the case of a bill to whichsection 40 applies, after its re


54/187



)/ The provisions of s"bsection 6/b/ shall not apply in relation toany bill to alter&

a/ section 10) in order to give effect to any agreement

between Saint L"cia and the -nited .ingdom concerningappeals from any co"rt having


55/187



/ or 4/, as the case may be, have been complied withand shall not be en;"ired into in any co"rt of law%

c/ 'n this s"bsection references to the Spea?er shall, if the

person holding the office of Spea?er is for any reason"nable to perform the f"nctions of his or her office and noother person is performing them, incl"de references to theDep"ty Spea?er%

12/ 'n this section and Sched"le ' to this !onstit"tion references toany of the provisions of this !onstit"tion or the S"preme !o"rt@rder incl"de references to any law that alters that provision%

!2- FREEDOM OF SPEECH

7itho"t pre


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b/ in the absence of the 9resident or Spea?er, the Dep"ty9resident or Dep"ty Spea?er: or

c/ in the absence of the 9resident or Spea?er and the Dep"ty

9resident or Dep"ty Spea?er, s"ch member thereof notbeing a member of the !abinet or a 9arliamentarySecretary/ as the Senate or the 8o"se, as the case may be,may elect for that p"rpose%

!5- VOTING

1/ Save as otherwise provided in sections 1))/, 1*2/, 12/,13/, 1/ and 14/, any ;"estion proposed for decision in

the Senate or the 8o"se shall be determined by a ma


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!6- PENALT" FOR SITTING IF UN.UALIFIED

1/ $ny person who sits or votes in the Senate or the 8o"se?nowing or having reasonable gro"nds for ?nowing that he or

she is not entitled to do so shall be g"ilty of an offence andliable to a fine not e=ceeding H100, or s"ch other s"m as may beprescribed by 9arliament, for each day on which he or she sosits or votes%

2/ $ny prosec"tion for an offence "nder this section shall beinstit"ted in the 8igh !o"rt and shall not be so instit"ted e=ceptby the Director of 9"blic 9rosec"tions%

!7- MODE OF E%ERCISE OF LEGISLATIVE PO,ER

1/ The power of 9arliament to ma?e laws shall be e=ercised bybills passed by the Senate and the 8o"se or in the casesmentioned in sections ( and 40 by the 8o"se/ and assented toby the 5overnor 5eneral%

2/ 7hen a bill is s"bmitted to the 5overnor 5eneral for assent inaccordance with the provisions of this !onstit"tion he or sheshall signify that he or she assents%

3/ 7hen the 5overnor 5eneral assents to a bill that has beens"bmitted to him or her in accordance with the provisions ofthis !onstit"tion the bill shall become law and the 5overnor5eneral shall there"pon ca"se it to be p"blished in the @fficial5aette as law%

/ +o law made by 9arliament shall come into operation "ntil ithas been p"blished in the @fficial 5aette b"t 9arliament maypostpone the coming into operation of any s"ch law and mayma?e laws with retrospective effect%

!$- RESTRICTIONS ,ITH REGARD TO CERTAIN FINANCIALMEASURES

1/ $ bill other than a money bill may be introd"ced in the Senateor the 8o"se: a money bill shall not be introd"ced in the Senate%

2/ #=cept on the recommendation of the 5overnor 5eneralsignified by a inister, neither the Senate nor the 8o"se shall&


58/187



a/ proceed "pon any bill incl"ding any amendment to a bill/that, in the opinion of the person presiding, ma?esprovision for any of the following p"rposesA

i/ for the imposition of ta=ation or the alteration ofta=ation otherwise than by red"ction:

ii/ for the imposition of any charge "pon the!onsolidated "nd or any other p"blic f"nd of SaintL"cia or the alteration of any s"ch charge otherwisethan by red"ction:

iii/ for the payment, iss"e or withdrawal from the!onsolidated "nd or any other p"blic f"nd of SaintL"cia of any monies not charged thereon or anyincrease in the amo"nt of s"ch payment, iss"e orwithdrawal: or

iv/ for the composition or remission of any debt d"e tothe !rown: or

b/ proceed "pon any motion incl"ding any amendment to amotion/ the effect of which, in the opinion of the personpresiding, wo"ld be to ma?e provision for any of thosep"rposes%

!&- RESTRICTIONS ON PO,ERS OF SENATE AS TO MONE" #ILLS

1/ 'f a money bill, having been passed by the 8o"se and sent tothe Senate at least one month before the end of the session, isnot passed by the Senate witho"t amendment within one monthafter it is sent to the Senate, the bill shall, "nless the 8o"seotherwise resolves, be presented to the 5overnor 5eneral forhis or her assent notwithstanding that the Senate has notconsented to the bill%

2/ There shall be endorsed on every money bill when it is sent tothe Senate the certificate of the Spea?er signed by him or herthat it is a money bill: and there shall be endorsed on anymoney bill that is s"bmitted to the 5overnor 5eneral for assentin p"rs"ance of s"bsection 1/ the certificate of the Spea?ersigned by him or her that it is a money bill and the provisions ofthat s"bsection have been complied with%


59/187


60/187


61/187



reason "nable to perform the f"nctions of his or her office andno other person is performing them, incl"de references to theDep"ty Spea?er%

/ $ny certificate of the Spea?er given "nder section ( or 40shall be concl"sive for all p"rposes and shall not be ;"estionedin any co"rt of law%

4/ Iefore giving any certificate "nder section ( or 40 the Spea?ershall cons"lt the $ttorney 5eneral%

52- SCRUTIN" OF ELECTORAL LEGISLATION

#very proposed bill and every proposed reg"lation or otherinstr"ment having the force of law relating to the registration ofvoters for the p"rpose of electing members of the 8o"se or to theelection of members of the 8o"se shall be referred to the #lectoral!ommission and to the !hief #lections @fficer at s"ch time as shallgive them s"fficient opport"nity to ma?e comments thereon beforethe bill is introd"ced in the Senate or the 8o"se or, as the case maybe, the reg"lation or other instr"ment is made%

53- REGULATION OF PROCEDURE

1/ S"b


62/187



months from the end of the preceding session if 9arliament hasbeen prorog"ed or one month from the holding of a generalelection of members of the 8o"se if 9arliament has been

dissolved, as the 5overnor 5eneral shall appoint by9roclamation%

2/ S"b


63/187



c/ if the office of the 9rime inister is vacant and the5overnor 5eneral, acting in his or her own deliberate


64/187


65/187


66/187



(/ $ !ommission may reg"late its own proced"re, and, with theconsent of the 9rime inister, confer powers and impose d"tieson any p"blic officer or on any a"thority of the 5overnment for

the p"rpose of the discharge of its f"nctions%

10/ $ !ommission may, s"b


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68/187


69/187

)0 C. 1.01 Constitution of Saint Lucia Laws of Saint L"cia


thereafter, the 5overnor 5eneral considers that in conse;"enceof changes in the membership of the 8o"se res"lting from thatelection the 9rime inister will not be able to command the

s"pport of the ma


70/187

Laws of Saint L"cia Constitution of Saint Lucia C. 1.01 )1


in that office, be a member of the !abinet in addition to theinisters%

3/ The f"nctions of the !abinet shall be to advise the 5overnor5eneral in the government of Saint L"cia and the !abinet shallbe collectively responsible to 9arliament for any advice given tothe 5overnor 5eneral by or "nder the general a"thority of the!abinet and for all things done by or "nder the a"thority of anyinister in the e=ec"tion of his or her office%

/ The provisions of s"bsection 3/ shall not apply in relation to&

a/ the appointment and removal from office of inisters and9arliamentary Secretaries, the assignment of

responsibility to any inister "nder section 62, or thea"thorisation of another inister to perform the f"nctionsof the 9rime inister d"ring absence or illness:

b/ the dissol"tion of 9arliament: or

c/ the matters referred to in section ) which relate to theprerogative of mercy/%

62- ALLOCATION OF PORTFOLIOS TO MINISTERS

The 5overnor 5eneral, acting in accordance with the advice of the9rime inister, may, by directions in writing, assign to the 9rimeinister or any other inister responsibility for any b"siness of the5overnment, incl"ding the administration of any department ofgovernmentA

9rovided that responsibility for finance shall be assigned to a inisterwho is a member of the 8o"se%

63- PERFORMANCE OF FUNCTIONS OF MINISTERS DURINGA#SENCE OR ILLNESS

1/ 7henever the 9rime inister is absent from Saint L"cia or byreason of illness is "nable to perform the f"nctions conferred"pon him or her by this !onstit"tion, the 5overnor 5eneralmay a"thorise some other inister to perform those f"nctionsother than the f"nctions conferred by this section/ and thatinister may perform those f"nctions "ntil his or her a"thorityis revo?ed by the 5overnor 5eneral%

2/ 7henever a inister other than the 9rime inister is absentfrom Saint L"cia or is within Saint L"cia b"t by leave of the


71/187

)2 C. 1.01 Constitution of Saint Lucia Laws of Saint L"cia


5overnor 5eneral is not performing the f"nctions of his or heroffice or by reason of illness is "nable to perform thosef"nctions, the 5overnor 5eneral may a"thorie some other

inister to perform those f"nctions or may appoint a Senator ora member of the 8o"se to be a temporary inister in order toperform those f"nctions: and that inister may perform thosef"nctions "ntil his or her a"thority or, as the case may be, his orher appointment is revo?ed by the 5overnor 5eneral or he orshe vacates office as a inister "nder section 60*/ or 60(/%

3/ The powers of the 5overnor 5eneral "nder this section shall bee=ercised by him or her in accordance with the advice of the9rime inisterA

9rovided that if the 5overnor 5eneral, acting in his or her owndeliberate


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f/ section (4 which relates to the 9"blic Service Ioard of$ppeal/%

2/ D"ring any period in which there is a vacancy in the office ofLeader of the @pposition by reason of the fact that no person isboth ;"alified for appointment to that office in accordance withthis !onstit"tion and willing to accept appointment, or if the5overnor 5eneral, acting in his or her own deliberate


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66- OATHS TO #E TA/EN #" MINISTERS ETC

$ inister or a 9arliamentary Secretary shall not enter "pon thed"ties of his or her office "nless he or she has ta?en and s"bscribed

the oath of allegiance, the oath of office and the oath of secrecy%

67- LEADER OF THE OPPOSITION

1/ There shall e=cept at times when there are no members of the8o"se who do not s"pport the 5overnment/ be a Leader of the@pposition who shall be appointed by the 5overnor 5eneral%

2/ 7henever there is occasion for the appointment of a Leader ofthe @pposition the 5overnor 5eneral shall appoint the memberof the 8o"se who appears to him or her most li?ely tocommand the s"pport of a ma


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therein to the Director incl"ded references to the $ttorney5eneral, that is to say, sections *), *(4/, *(6/, *()/, *(*/,*((/, *(10/, (*3/ and 12*/a/: b"t the provisions of this

s"bsection shall be witho"t pre


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9rovided that the power conferred on the Director of 9"blic9rosec"tions by s"bsection 2/c/ shall not be e=ercised inrelation to any appeal by a person convicted in any criminal

proceedings or to any case stated or ;"estion of law reserved atthe instance of s"ch a person%

6/ 'n the e=ercise of the powers vested in him or her by s"bsection2/ and section 6, the Director of 9"blic 9rosec"tions shall notbe s"b


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2/ $ member of the !ommittee appointed "nder s"bsection 1/d/shall hold his or her seat thereon for s"ch period as may bespecified in the instr"ment by which he or she was appointedA

9rovided that his or her seat shall become vacant&

a/ in the case of a person who at the date of his or herappointment was a inister, if he or she ceases to be ainister: or

b/ if the 5overnor 5eneral, by instr"ment in writing "nderhis or her hand, so directs%

3/ The !ommittee may act notwithstanding any vacancy in itsmembership or the absence of any member and its proceedings

shall not be invalidated by the presence or participation of anyperson not entitled to be present at or to participate in thoseproceedings%

/ The !ommittee may reg"late its own proced"re%

4/ 'n the e=ercise of his or her f"nctions "nder this section, the5overnor 5eneral shall act in accordance with the advice of the9rime inister%

76- PROCEDURE IN CAPITAL CASES

7here any person has been sentenced to death otherwise than by aco"rt>martial/ for an offence, the inister designated "nder section)41/ shall ca"se a written report of the case from the trial


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established for a specific p"rpose/ shall be paid into and form a!onsolidated "nd%

7$- ,ITHDRA,ALS FROM CONSOLIDATED FUND OR OTHERPU#LIC FUNDS

1/ +o moneys shall be withdrawn from the !onsolidated "nde=cept&

a/ to meet e=pendit"re that is charged "pon the "nd by this!onstit"tion or by any law enacted by 9arliament: or

b/ where the iss"e of those moneys has been a"thorised byan appropriation law or by a law made in p"rs"ance of

section *0%

2/ 7here any moneys are charged by this !onstit"tion or any lawenacted by 9arliament "pon the !onsolidated "nd or any otherp"blic f"nd, they shall be paid o"t of that f"nd by the5overnment to the person or a"thority to whom payment is d"e%

3/ +o moneys shall be withdrawn from any p"blic f"nd other thanthe !onsolidated "nd "nless the iss"e of those moneys hasbeen a"thorised by or "nder any law%

/ There shall be s"ch provision as may be made by 9arliamentprescribing the manner in which withdrawals may be madefrom the !onsolidated "nd or any other p"blic f"nd%

7&- AUTHORISATION OF E%PENDITURE FROM CONSOLIDATEDFUND #" APPROPRIATION LA,

1/ The inister responsible for finance shall ca"se to be preparedand laid before the 8o"se before, or not later than 30 days after,

the commencement of each financial year estimates of thereven"es and e=pendit"re of Saint L"cia for that financial year%

2/ 7hen the estimates of e=pendit"re other than e=pendit"recharged "pon the !onsolidated "nd by this !onstit"tion or byany law enacted by 9arliament/ have been approved by the8o"se, a bill, ?nown as an appropriation bill, shall beintrod"ced in the 8o"se, providing for the iss"e from the!onsolidated "nd of the s"ms necessary to meet thate=pendit"re and the appropriation of those s"ms, "nder separate

votes for the several services re;"ired, to the p"rposes specifiedtherein%


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be introd"ced as soon as possible in the 8o"se for the p"rposeof replacing the amo"nt so advanced%

$2- REMUNERATION OF CERTAIN OFFICERS

1/ There shall be paid to the holders of the offices to which thissection applies s"ch salaries and s"ch allowances as may beprescribed by or "nder a law enacted by 9arliament%

2/ The salaries and allowances prescribed in p"rs"ance of thissection in respect of the holders of the offices to which thissection applies shall be a charge on the !onsolidated "nd%

3/ The salary prescribed in p"rs"ance of this section in respect ofthe holder of any office to which this section applies and his orher other terms of service other than allowances that are notta?en into acco"nt in comp"ting, "nder any law in that behalf,any pension payable in respect of his or her service in thatoffice/ shall not be altered to his or her disadvantage after his orher appointment%

/ 7hen a personEs salary or other terms of service depend "ponhis or her option, the salary or terms for which he or she opts

shall, for the p"rposes of s"bsection 3/, be deemed to be moreadvantageo"s to him or her than any others for which he or shemight have opted%

4/ This section applies to the offices of the 5overnor 5eneral,member of the 9"blic Service !ommission, member of theTeaching Service !ommission, member of the 9"blic ServiceIoard of $ppeal, the Director of 9"blic 9rosec"tions, theDirector of $"dit, the 9arliamentary !ommissioner, the Dep"ty9arliamentary !ommissioner and the !hief #lections @fficer%

6/ +othing in this section shall be constr"ed as pre


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sec"rity of the !onsolidated "nd and the service andredemption of the debt created thereby%

$!- AUDIT OF PU#LIC ACCOUNTS ETC

1/ There shall be a Director of $"dit whose office shall be a p"blicoffice%

2/ The Director of $"dit shall&

a/ satisfy himself or herself that all moneys that have beenappropriated by 9arliament and disb"rsed have beenapplied to the p"rposes to which they were soappropriated and that the e=pendit"re conforms to thea"thority that governs it: and

b/ at least once in every year a"dit and report on the p"blicacco"nts of Saint L"cia, the acco"nts of all officers anda"thorities of the 5overnment, the acco"nts of all co"rtsof law in Saint L"cia incl"ding any acco"nts of theS"preme !o"rt maintained in Saint L"cia/, the acco"ntsof every !ommission established by this !onstit"tion andthe acco"nts of the 9arliamentary !ommissioner, the!ler? of the Senate and the !ler? of the 8o"se%

3/ The Director of $"dit and any officer a"thorised by him or hershall have access to all boo?s, records, ret"rns, reports and otherdoc"ments which in his or her opinion relate to any of theacco"nts referred to in s"bsection 2/%

/ The Director of $"dit shall s"bmit every report made by him orher in p"rs"ance of s"bsection 2/ to the inister responsiblefor finance who shall, not later than ) days after the 8o"se firstmeets after he or she has received the report, lay it before the

8o"se%4/ 'f the inister fails to lay a report before the 8o"se in

accordance with the provisions of s"bsection / the Director of$"dit shall transmit copies of that report to the Spea?er whoshall, as soon as practicable, present them to the 8o"se%

6/ The Director of $"dit shall e=ercise s"ch other f"nctions inrelation to the acco"nts of the 5overnment or the acco"nts ofother a"thorities or bodies established by law for p"blicp"rposes as may be prescribed by or "nder any law enacted by9arliament%


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)/ 'n the e=ercise of his or her f"nctions "nder s"bsections 2/, 3/,/ and 4/, the Director of $"dit shall not be s"b


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4/ $ member of the !ommission may be removed from officeonly for inability to e=ercise the f"nctions of his or her officewhether arising from infirmity of body or mind or any other

ca"se/ or for misbehavio"r and shall not be so removed e=ceptin accordance with the provisions of this section%

6/ $ member of the !ommission shall be removed from office bythe 5overnor 5eneral if the ;"estion of his or her removal fromoffice has been referred to a trib"nal appointed "nder s"bsection)/ and the trib"nal has recommended to the 5overnor 5eneralthat he or she o"ght to be removed from office for inability asaforesaid or for misbehavio"r%

)/ 'f the 9rime inister represents to the 5overnor 5eneral thatthe ;"estion of removing a member of the !ommission "nderthis section o"ght to be investigated then&

a/ the 5overnor 5eneral shall appoint a trib"nal which shallconsist of a chairperson and not less than 2 othermembers, selected by the !hief "stice from amongpersons who hold or have held office as a


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member of the !ommission as may be designated by the5overnor 5eneral, acting in accordance with the advice of the9rime inister%

10/ 'f at any time there are less than 2 members of the !ommissionbesides the chairperson or if any s"ch member is acting aschairperson or is for any reason "nable to e=ercise the f"nctionsof his or her office, the 5overnor 5eneral, acting in accordancewith the advice of the 9rime inister, may appoint a personwho is ;"alified to be appointed as a member of the!ommission to act as a member, and any person so appointedshall, s"b


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e=ercise disciplinary control over persons holding or acting ins"ch offices and the power to remove s"ch persons from officeshall vest in the 9"blic Service !ommission%

2/ The 9"blic Service !ommission may, by directions in writingand s"b


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L"cia in any other co"ntry or accredited to anyinternational organiation the 5overnor 5eneral shall actin accordance with the advice of the 9rime inister, who

shall, before tendering any s"ch advice in respect of anyperson who holds any p"blic office to whichappointments are made by the 5overnor 5eneral on theadvice of or after cons"ltation with some other person ora"thority, cons"lt that person or a"thority%

3/ eferences in this section to a department of government shallnot incl"de the office of the 5overnor 5eneral, the departmentof the $ttorney 5eneral, the department of the Director of9"blic 9rosec"tions, the department of the Director of $"dit,

the department of the 9arliamentary !ommissioner, thedepartment of the !

Constitution of St. Lucia - Cap.1.01

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