1978 No. 1027
DOMINICA
The Commonwealth of Dominica Constitution Order 1978
Made |
25th July 1978 |
Coming into Operation |
3rd November 1978 |
At the Court at Buckingham Palace, the 25th day of July 1978
Present,
The Queen's Most Excellent Majesty in Council
Whereas the status of association of Dominica with the Unite Kingdom is
to terminate on 3rd November 1978 and it is necessary to establish a new
constitution for Dominica as a sovereign democratic republic within the
Commonwealth styled the Commonwealth of Dominica:
And whereas the Associated State of Dominica has, by a resolution
passed in the House of Assembly thereof on 12th July 1978, requested and
consented to the making of this Order for that purpose:
Now, therefore, Her Majesty, by virtue and in exercise of the
powers vested in Her in that behalf by section 5(4) of the West Indies
Act 1967(a), is pleased, by and with the advice of Her Privy Council, to
order, and it is hereby order, as follows: --
Citation and commencement.
1.
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This Order may be cited as the Commonwealth of Dominica Constitution Order
1978.
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This Order shall come into operation on 3rd November 1978:
Provided that paragraph 3(8) of Schedule 2 shall come into
operation forthwith.
Revocations.
2. The Dominica Constitution Order 1976(b), the Dominica Constitution
(Amendment) Order 1971(c) and the Constitution (Ministerial Provisions)
(Amendment) Act, 1975(d), which made provision for the constitution of
the Associated State of Dominica, are revoked.
Establishment of Constitution.
3. The Constitution of the Commonwealth of Dominica set out in Schedule
1 to this Order shall come into effect in Dominica at the commencement
of this Order subject to the transitional provisions set out in Schedule
2 to this Order.
N. E. Leigh.
Clerk of the Privy Council.
(a) 1967 c. 4. (b) S.I. 1967/226. (c) S.I. 1971/714. (d) Act No. 32
of 1975.
WHEREAS the People of Dominica-
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have affirmed that the Commonwealth of Dominica is founded upon principles
that acknowledge the supremacy of God, faith in fundamental human rights
and freedoms, the position of the family in a society of free men and free
institutions, the dignity of the human person, and the equal and inalienable
rights with which all members of the human family are enDowed by their
Creator;
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respect the principles of social justice and therefore believe that the
operation of the economic system should result in so distributing that
material resources of the community as to subserve the common good, that
there should be adequate means of livelihood for all, that labour should
not be exploited or forced by economic necessity to operate in inhumane
conditions but that there should be opportunity for advancement on the
basis of recognition of merit, ability and integrity;
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have asserted their belief in a democratic society in which persons may,
to the extent of their capacity, play some part in the institutions of
the national life and this develop and maintain due respect for lawfully-constituted
authority;
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recognise that men and institution remain free only when freedom is founded
upon respect for moral and spiritual values and the rule of law;
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desire that their Constitution should make provision for ensuring the protection
in the Commonwealth of Dominica of fundamental human rights and freedoms;
NOW, THEREFORE, the following provisions shall have effect as the
Constitution of the Commonwealth of Dominica:
CHAPTER 1
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
Fundamental rights and freedoms.
1. Whereas every person in Dominica is entitled to the fundamental
rights and freedoms, that is to say, the rights whatever his race, place
of origins, political opinions, colour, creed or sex, but subject to respect
for the rights and freedoms of others and for the public interest, to each
and all of the following, namely-
- life, liberty, security of the person and the protection of the law;
- freedom of conscience, of expression and of assembly and association; and
- protection for the privacy of his home and other property and from deprivation of property without compensation,
the provisions of this Chapter shall have effect for the purpose of affording
protection to those rights and freedoms subject to such limitations of
that protection as are contained in those provisions, being limitations
designed to ensure that the enjoyment of the said rights and freedoms by
any person Does not prejudice the rights and freedoms of others of the
public interest.
Protection of right to life.
2.-
- A person shall not be deprived of his life intentionally save in execution
of the sentence of a court in respect of a criminal offence under the law
of Dominica of which he has been convicted.
- A person shall not be regarded as having been deprived of his life in contravention
of his section if he dies as the result of the use, to such extent and
in such circumstances as are permitted by law, of such force as is reasonably
justifiable-
- for the defence of any person from violence or for the defence of property;
- in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
- for the purpose of suppressing a riot, insurrection or mutiny; or
- in order to prevent the commission by that person of a criminal offence,
or if he dies as the result of a lawful act of war.
Protection of rights to personal liberty.
3.-
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A person shall not be deprived of his personal liberty save as may be authorised
by law in any of the following cases, that is to say:-
- in consequence of his unfitness to plead to a criminal charge or in execution
of the sentence or order of a court, whether established for Dominica or
some other country, in respect of a criminal offence of which he has been
convicted;
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in execution of the order of the High Court or the Court of Appeal punishing
him for contempt of the High Court or the Court of Appeal or of another
court or tribunal;
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in execution of the order of a court made to secure the fulfilment of any
obligation imposed on him by law;
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for the purpose of bringing him before a court in execution of the order
of a court;
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upon a reasonable suspicion of his having committed, ot being about to
commit, a criminal offence under the law of Dominica;
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under the order of a court or with the consent of his parent or guardian,
for his education or welfare during an period ending not later that the
date when he attains the age of eighteen years;
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for the purpose of preventing the spread of an infectious or contagious
disease;
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in the case of a person who is, or is reasonably suspected to be, of unsound
mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his
care or treatment of the protection of the community;
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for the purpose of preventing his unlawful entry into Dominica, or for
purpose of effecting his expulsion, extradition or other lawful removal
from Dominica or for the purpose of restraining him while he is being conveyed
through Dominica in the course of his extradition or removal as a convicted
prisoner from one country to another; or
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to such extent as amy be necessary in the execution of a lawful order requiring
him to remain with a specified area within Dominica, or prohibiting him
from being within such an area, or to such extent as may be reasonably
justifiable for the taking of proceedings against him with a view to the
making of any such order or relating to such an order after it has been
made, or to such extent as may be reasonably justifiable for restraining
him during any visit that he is permitted to make to any part of Dominica
in which, in consequence of any such order, his presence would otherwise
be unlawful.
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Any person who is arrested or detained shall be informed as soon as is
reasonably practicable and in any case no later than twenty-four hours
after such arrest or detention, in a language that he understands, of the
reasons for his arrest or detention.
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Any person who is arrested or detained-
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for the purpose of bring him before a court in execution of the order of
a court; or
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upon reasonable suspicion of his having committed, or being about to commit,
a criminal offence under the law of Dominica,
and who is not released, shall be brought before a court without undue
delay and in any case not later than seventy-two hours after such arrest
or detention.
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Where any person is brought before a court in execution of the order of
a court in any proceeding or upon suspicion of his having committed or
being about to commit an offence, he shall not be thereafter further held
in custody in connection with those proceedings or that offence save upon
the order of a court.
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If any person arrested or detained as mentioned in subsection (3)(b) of
this section is not tried within a reasonable time, then, without prejudice
to any further proceedings that may be brought against him, conditions,
including in particular such conditions as are reasonably necessary to
ensure that he appears at a later date for trial or for proceedings preliminary
to trial.
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Any person who is unlawfully arrested or detained by any other person shall
be entitled to compensation therefor from that other person or from any
other person or authority on whose behalf that other person was acting.
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For the purposes of subsection (1(a) of this section a person charged before
a court with a criminal offence in respect of whom a special verdict has
been returned that the was guilty of the act or omission charged but was
insane when he did the act or made the omission shall be regarded as a
person who has been convicted of a criminal offence and the detention of
a person in consequence of such a verdict shall be regarded as detention
in execution in execution of the order of a court.
Protection from slavery and forced labour.
4.-
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No person shall be held in slavery or servitude.
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No person shall be required to perform force labour.
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For the purposes of this section, the expression "forced labour" Does not
include-
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any labour required in consequence of the sentence or order of a court;
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labour required of any person while he is lawfully detained that, though
not required in consequence of the sentence or order of a court, is reasonably
necessary in the interests of hygiene or for the maintenance of the place
at which he is detained;
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any labour of a member of a disciplined force in pursuance of his duties
as such or, in the case of a person who has conscientious objections to
service as a member of a naval, military or air force, any labour that
person is required by law to perform in place of such service;
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any labour required during any period of public emergency or in the event
of any other emergency or calamity that threatens the life and well-being
of the community, to the extent that the requiring of such labour is reasonably
justifiable in the circumstances of any situation arising or existing during
that period or as a result of that other emergency or calamity, for the
purpose of dealing with that situation.
Protection from inhuman treatment.
5.-No person shall be subject to torture or to inhuman or degrading
punishment or other treatment.
Protection from deprivation of property.
6.-
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No property of any description shall be compulsorily taken possession of,
and no interest in or right over property of any description shall be compulsory
acquired, except where provisions is made by a law applicable to that taking
of possession or acquisition for the payment, within a reasonable time,
of adequate compensation.
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Every person having an interest in or right over property that is compulsorily
taken possession of or whose interest in or right over any property is
compulsorily acquired shall have a right of direct access to the High Court
for-
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determining the nature and extent of that interest or right;
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determining whether that taking of possession or acquisition was duly carried
out in accordance with a law authorising the taking of possession or acquisition;
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determining what compensation he is entitled to under the law applicable
to that taking of possession or acquisition;
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obtaining that compensation:
Provided that if Parliament so provides in relation to any
matter referred to in paragraph (a) or (c) of this subsection the right
of access shall be by way of appeal (exercisable as of right at the instance
of the person having the interest in or right over the property) from a
tribunal or authority, other than the High Court, having jurisdiction under
any law to determine that matter.
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The Chief Justice may make rules with respect to the practice and procedure
of the High Court or, subject to such provision as may have been made in
that behalf by Parliament, with respect to the practice and procedure of
any other tribunal or authority in relation to the jurisdiction conferred
on the High Court by subsection (2) of this section or exercisable by the
other tribunal or authority for the purposes of that subsection (including
rules with respect to the time within which applications or appeals to
the High Court or applications to the other tribunal or authority may be
brought).
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No person who is entitled to compensation under this section shall be prevented
from remitting, within a reasonable time after he has received any amount
of that compensation in the form of a sum of money or, as the case may
be, has received any such amount in some other form and has converted any
of that amount into a sum of money, the whole of that sum of money (free
from any education, charge or tax made or levied in respect of its remission)
to any country of his choice outside Dominica.
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Nothing contained in or Done under the authority of ay law shall be held
to be inconsistent with or in contravention of subsection (4) of this section
to the extent that the law in question authorises-
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the attachment, by order of a court, of any amount of compensation to which
a person is entitled in satisfaction of the judgement of a court or pending
the determination of civil proceedings to which he is a party; or
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the imposition of reasonable restrictions on the manner in which any sum
of money is to be remitted.
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Nothing contained in or Done under the authority of any law shall be held
to be inconsistent with or in contravention of subsection (1) of this section-
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to the extent that the law in question makes provision for the taking of
possession or acquisition of any property, interest of right-
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in satisfaction of any tax, rate or due;
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by way of penalty for breach of any law or forfeiture in consequence of
breach of any law;
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as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge
or contract;
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in the execution of judgements or orders of a court in proceedings for
the determination of civil rights or obligations;
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in circumstances where it is reasonably necessary so to Do because the
property is in a dangerous state or likely to be injurious to the health
of human beings, animals or plants;
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in consequence of any law with respect to the limitation of actions; or
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for so long only as may be necessary for the purposes of any examination,
investigation, trial or inquiry or, in the case of land, for the purposes
of the carrying out thereon of work of soil conservation or the conservation
of other natural resources or work relating to agricultural development
or improvement (being work relating to such development or improvement
that the owner or occupier of the land has been required, and has without
reasonable excuse refused or failed to carry out).
and except so far as that provision or, as the case may be, the thing Done
under the authority thereof is shown no to be reasonably justifiable in
a democratic society; or
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to the extent that the law in question makes provision for he taking of
possession or acquisition of any of the following property (including an
interest in or right over property), that is to say-
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enemy property;
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property of a deceased person, a person of unsound mind or a person who
has not attained the age of eighteen years for the purpose of its administration
for the benefit of the persons entitled to the benefit of the persons entitled
to the beneficial interest therein;
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property of a person adjudged bankrupt or a body corporate in liquidation,
fo the purpose of its administration for the benefit of the creditors of
the bankrupt or body corporate and, subject thereto, fo the beneficial
interest in the property; or
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property subject to a trust, for the purpose of vesting the property in
persons appointed as trustees under the instrument creating the trust o
by a court or, by order of a court, for the purpose of giving effect to
the trust.
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Nothing contained in or Done under the authority of any law enacted by
Parliament shall be held to be inconsistent with or in contravention of
this section to the extent that the law in question makes provision for
the compulsory taking of possession of any property, or the compulsory
acquisition of any interest in or right over property where that property,
interest or right is held by a body corporate established by law for public
purposes in which no monies have bee investigated other than monies provided
by any legislature established for Dominica.
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In this section-
"property" means any land or other thing capable of being owned
or held in possession and includes any right relating thereto, whether
under a contract, trust or law or otherwise and whether present or future
absolute or conditional;
"acquisition" in relation to an interest in or right over property,
means transferring that interest or right to another person or extinguishing
or curtailing that interest or right.
Protection from arbitrary search or entry
7.-
- Except with his own consent, a person shall not be subject to the search
of his person or his property or the entry by others on his premises.
- Nothing contained in or Done under the authority of any law shall be held
to be inconsistent with or in contravention of this section to the extent
that the law in question makes provision-
- that is reasonably required in the interest of defence, public safety,
public order, public morality, public health, town and country planning,
the development and utilisation of mineral resources of he development
and utilisation of mineral resources or the development or utilisation
of mineral resources or the development or utilisation of any property
for a purpose beneficial to the community;
- that is reasonably required for the purpose of protecting the rights or
freedoms of other persons;
- that authorities an officer or agent of the Government of Dominica, a local
government authority or a body corporate established by law for public
purpose to enter on the premises thereon for the purpose of any tax, rate
or due or in order to carry out work connected with any property that is
lawfully on those premises and that belongs to that Government, authority
or body corporate, as the case may be; or
- that auhtorises, for the purpose of enforcing the judgement or order of
a court in any civil proceedings, the search of any person or property
by order of a court or entry upon any premises by such order.
and except so far as that provision or, as the case may be, anything Done
under the authority thereof is shown not to be reasonably justifiable in
a democratic society.
Provided to se protection of law
8.-
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If any person is charged with a criminal offence, then, unless the charge
is withdrawn, the case shall be afforded a fair hearing within a reasonable
time by an independent and impartial court established by law.
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every person who is charged with a criminal offence-
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shall be presumed to be innocent until he is proved or has pleaded guilty;
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shall be informed as soon as reasonably practicable, in a language that
he understands and in detail, of he nature of the offence charged;
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shall be given adequate time and facilities for the preparation of his
defence;
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shall be permitted to defend himself before the court in person or, at
his own expense, by a legal practitioner of his own choice;
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shall be afforded facilities to examine in person or by his legal representative
the witnesses called by the prosecution before the court, and to obtain
the attendance and carry out the examination of witnesses to testify on
his behalf before the court on the same conditions as those applying to
witnesses called by the prosecution; and
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shall be permitted to have without payment the assistant of an interpreter
if he cannot understand the language used at the trial.
and the trial shall not take place in his absence unless he so conducts
himself as to render the continuance o the proceedings in his presence
impracticable and ht court has ordered him to be removed and the trial
to proceed in his absence:
Provided that the trial may take place in his absence in any
case in which it is so provided by law under which, he is entitled to adequate
notice of the charge an the date, time and place of the trial and to a
reasonable opportunity of appearing before the court.
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When a person is tried for any criminal offence the accused person or any
person authorised by him in that behalf shall, if he so requires and subject
to payment of such reasonable fee as amy be prescribed by law, be given
within a reasonable time after judgement a copy for the use of the accused
person of any record of the proceedings made by or on behalf of the court.
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No person shall be held to be guilty of a criminal offence on account of
any act or omission that did not, at the time it took place, constitute
such and offence, and no penalty shall be imposed for any criminal offence
that is severer in degree or description than the maximum penalty that
might have been imposed for that offence at the time when it was committee.
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A person who shows that he has been tried by a competent court for a criminal
offence and either convicted or acquitted shall not again be tried for
that offence or for any other criminal offence of which he could have been
convicted at the trial for that offence, save upon the order of a superior
court in th e course of appeal or review proceedings relating to the conviction
or acquittal.
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A person shall not be tried for a criminal offence if he has been parDoned
for that offence.
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A person who is tried for a criminal offence shall not be compelled to
give evidence at the trial;
Provided that nothing inthis subsection shall prevent the prosecution
or the court from commenting on his failure to give evidence on his own
behalf or prevent the court from drawing inferences from any such failure.
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Any court or other authority prescribed by law for the determination of
the existence or extent of any civil right or obligation shall be established
by law and shall be independent and impartial; and where proceedings for
such a determination are instituted by any person before such a court or
other authority, the case shall be given a fair hearing within a reasonable
time.
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Where the existence or extent of any civil right or obligation has been
determined in proceedings in any court or before any other authority any
party to those proceeding shall, if he so requires and subject to payment
of such reasonable fee as amy be prescribed by law, be entitled to obtain
within a reasonable time after the judgement or other determination a copy
of any record of the proceedings made by or on behalf of the court or other
authority.
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Except with the agreement of all the parties thereto, all proceedings of
every court and proceedings for the determination of the existence or extent
of any civil right or obligation before any other authority, including
the announcement of the decision of the court or other authority, shall
be held in public.
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Nothing ins ubsection (10) of this section shall prevent the court or other
adjudicating authority from excluding from the proceedings persons other
than the parties thereto and the legal practitioner representing them to
such extent as the court or other authority-
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may by law be empowered to Do and may consider necessary or expedient in
circumstances where publicity would prejudice the interests of justice
or in interlocutory proceedings or in the interests of public morality,
the welfare of persons under the age of eighteen years of the protection
of the private lives of persons concerned in the proceedings; or
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may be law be empowered or required to Do in the interests of defence,
public safety or public order.
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Nothing contained in or Done under the authority of any law shall be held
to be inconsistent with or in contravention of-
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subsection (2)(a) of this section to the extent that the law in question
imposes upon any person charged with a criminal offence the burden of proving
particular facts;
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subsection (2)(e) of this section to the extent that the law in question
imposes reasonable conditions that must be satisfied if witnesses called
to testify on behalf of an accused person are to be paid their expenses
out of public funds; or
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subsection (5) of this section to the extent that the law in question authorises
a court to try a member of a disciplined force for a criminal offence notwithstanding
any trial and conviction or acquittal of that member under the disciplinary
law of that force, so, however, that any court so trying such a member
and convicting him shall in sentencing him to any punishment take into
account any punishment awarded him under that disciplinary law.
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In the case of any person who is held in lawful detention the provisions
of subsection (1), paragraphs (d) and (e) of subsection (2) and subsection
(3) of this section shall not apply in relation to his trial for a criminal
offence under the law regulating the discipline of persons held in such
detention.
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In this section "criminal offence" means a criminal offence under the law
of Dominica.
Protection of freedom of conscience.
9.-
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Except with his own consent, a person shall not be hindered in the enjoyment
of his freedom of conscience, including freedom thought and of religion,
freedom ot change his religion or belief and freedom, either alone or in
community with others, and both in public and in private, to manifest and
propagate his religion or belief in worship, teaching, practice and observance.
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Except with his own consent (or, if he is a person under the age or eighteen
years, the consent of his guardian) a person attending anyplace of education,
detained in any prison or corrective institution or serving in a naval,
military or air force shall ot be required to receive religious instruction
or to take part in or attend any religious ceremony or observance if that
instruction ceremony or observance relates to a religion which is not his
own.
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Every religious community shall be entitled, at its own expense, to establish
and maintain places of education and to manage any place of education with
it maintains; and no such community shall be prevented from providing religious
instruction for persons of that community in the course of any education
provided by that community whether or not it is in receipt of a government
subsidy or other form of financial assistance designed to meet in whole
or in part the cost of such course of education.
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A person shall not be compelled to take any oath which is contrary to is
religion or belief or to take any oath in a manner which is contrary to
his religion or belief.
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Nothing contained in or Done under the authority of any law shall be held
to be inconsistent with or in contravention of this section to the extent
that the law in question makes provisions which is reasonably required-
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in the interests of defence, public safety, public order, public morality
or public health;
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for the purpose of protecting the rights and freedoms of other persons,
including the right to observe and practise any religion without the unsolicited
intervention of members of any other religion; or
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for the purpose of regulating educational institutions in the interests
of the persons who received or may receive instructions in them,
and except so far as that provision or, as the case may be, the thing Done
under the authority thereof is shown not to be reasonably justifiable in
a democratic society.
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References in this section to a religion shall be construed as including
references to a religious denomination, and cognate expressions shall be
construed accordingly.
Protection of freedom o expression.
10.-
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Except with his own consent, a person shall not be hindered in the enjoyment
of his freedom of expression, including freedom to hold opinions without
interference, freedom to receive ideas and information without interference
freedom to communicate ideas and information without interference (whether
the communication be to the public generally or to any person or class
of persons) and freedom from interference with his correspondence.
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Nothing contained in or Done under the authority of any law shall be held
to be inconsistent with or in contravention of this section to the extent
that the law in question makes provision-
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that is reasonably required in the interests of defence, public safety,
public order, public morality or public health;
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that is reasonably required for the purpose of protecting the reputations,
rights and freedoms of other persons or the private lives of persons concerned
in legal proceedings, preventing the disclosure of information received
in confidence, maintaining the authority and independence of the courts
or regulating the technical administration or the technical operation of
telephony, telegraphy, posts, wireless broadcasting or television; or
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that imposes restrictions upon public officers that are reasonably required
for the proper performance of their functions,
and except so far as that provision or, as the case may be, the thing Done
under the authority thereof is shown not to be reasonably justifiable in
a democratic society.
Protection of freedom of assembly and association.
11.-
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Except with his own consent, a person shall not be hindered in the enjoyment
of his freedom of assembly and association, that is to say, his right to
assembly freely ad associate with other persons and in particular to form
or belong to trade unions or other associations for the protection of his
interests.
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Nothing contained in or Done under the authority of any law shall be held
to be inconsistent with or in contravention of this section to the extent
that the law in question makes provision-
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that is reasonably required in the interests of defence, public safety,
public order, public morality or public health;
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that is reasonably required for the purpose of protecting the rights or
freedoms of other persons; or
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that imposes restrictions upon public officers that are reasonably required
for the proper performance of their functions,
and except so far as that provision or, as the case may be, the thing Done
under the authority thereof is shown not to be reasonably justifiable in
a democratic society.
Protection of freedom of movement.
12.-
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A person shall not be deprived of his freedom of movement that is to say,
the right to move freely throughout Dominica, the right to reside in any
part of Dominica, the right to enter Dominica, the right to leave Dominica
and immunity from expulsion from Dominica.
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Any restriction on a person's freedom of movement that is involved in his
lawful detention shall to be held to be inconsistent with or in contravention
of this section.
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Nothing contained in or Done under the authority of any law shall be held
to be inconsistent with or in contravention of this section to the extent
that the law in question makes provision-
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for the imposition of restriction on the movement or residence within Dominica
of any person or on any person's right to leave Dominica that are reasonably
required in the interests of defence, public safety or public order;
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for the imposition of restriction on the movement or residence within Dominica
or on the right to leave Dominica of persons generally or any class of
persons in the interests of defence, public safety, public order, public
morality or public health or in respect of the right to leave Dominica,
of securing compliance with any international obligation of the Government
particulars of which have been laid before the House of Assembly and except
so far as that provision or, as the case may be, the thing Done under he
authority thereof is shown not to be reasonably justifiable in a democratic
society;
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for the imposition of restrictions, by order of a court, on the movement
or residence within Dominica of any person or on any person's right to
leave Dominica either in consequence of his having been found guilty of
a criminal offence under the law of Dominica or for the purpose of ensuring
that the appears before a court at a later date for trial of such a criminal
offence or for proceeding preliminary to trial or for proceedings relating
to his extradition or lawful removal from Dominica;
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for the imposition of restriction on the freedom of movement of any person
who is not a citizen of Dominica;
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for the imposition of restrictions on the acquisition or use by any person
of land or other property in Dominica;
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for the imposition of restrictions upon the movement or residence within
Dominica or on the right to leave Dominica of any public office that are
reasonably required fo the proper performance of his functions;
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for the removal of a person form Dominica to be tried or punished in some
other country fo ra criminal offence under he law of that other country
for a criminal offence under he law of that other country or to undergo
imprisonment in some other country in execution of the sentence of a court
in respect of a criminal offence under the law of Dominica of which he
has been convicted; or
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for the imposition of restriction on the right of any person to leave Dominica
that are reasonably required in order to secure the fulfilment of any obligations
imposed on that person by law and except so far as that provision or as
the case may be the thing Done under the authority thereof is shown not
to be reasonably justifiable in a democratic society.
-
If any person whose freedom f movement has been restricted by virtue of
such a provision as is referred to in subsection (3)(a) of this section
so requests at any time during the period of that restriction not earlier
than twenty-one days after the order was made or three months after he
last made such a request, as the case may be, his case shall be reviewed
by an independent and impartial tribunal presided over by a person appointed
by the Chief Justice from among persons who are legal practitioners.
-
On any review by a tribunal in pursuance of subsection (4) of this section
of the case of any person whose freedom of movement has been restricted,
the tribunal may make recommendations concerning the necessity or expediency
of he continuation of that restriction to the authority by whom it was
ordered and, unless it is otherwise provided by law, ta authority shall
be obliged to act in accordance with any such recommendations.
Protection from discrimination on the grounds of race, etc.
13.-
-
Subject to the provisions of subsections (4), (5) and (7) of this section,
no law shall make any provision that is discriminatory either of itself
or in its effect.
-
Subject to the provisions of subsections (6), (7) and (8) of this section,
no person shall be treated in a discriminatory manner by any person or
authority.
-
In this section, the expression "discriminatory" means affording different
treatment to different persons attributable wholly or mainly to their respective
descriptions by sex, race, place of origin, political opinions, colour
or creed whereby persons of oe such description are subject to disabilities
or restrictions to which persons of another such description are not made
subject or are accorded privileges or advantages which are not accorded
to persons of another such description.
-
Subsection (1) of this section shall not apply to any law far as that law
makes provision-
-
for the appropriation of public revenues or other public funds;
-
with respect to persons who are not citizens of Dominica;
-
for the application, in the case of persons of any such description as
is mentioned in subsection (3) of this section (or of persons connected
with such persons) of the law with respect to aDoption, marriage, divorce,
burial, devolution of property on death or other like matters which is
the personal law of persons of that description;
-
whereby persons of any such description as is mentioned is subsection (3)
of this section may be subject to any disability or restriction or may
be accorded any privilege or advantage that having regard to its nature
and to special circumstances pertaining to those persons or to persons
of any other such description, is reasonably justifiable in a democratic
society.
-
Nothing contained in any law shall be held to be inconsistent with or in
contraventions subsection (1) of this section to the extent that it makes
provision with respect to standards or qualifications (not being standards
or qualifications specifically relation to sex, race, place of origin,
political opinions, colour or creed) to be required of any person who is
appointed to or to act in any office or employment.
-
Subsection (2) of this section shall not apply to anything which is expressly
or by necessary implication authorised to be Done by any such provision
of law as is referred to ins ubsection (4) or subsection (5) of this section.
-
Nothing contained in or Done under the authority of any law shall be held
to be inconsistent with or in contravention of this section to the extent
that the law in question makes provision whereby persons of nay such description
as is mentioned ins ubsection (3) of this section may be subject to ay
restriction on the rights and freedoms guaranteed by sections 7, 9, 10,
11 and 12 of this Constitution, being such a restriction as is authorised
by section 7(2) section 9(5), section 10(2), section 11(2) or paragraph
(a), (b), or (h) of section (12(3), as the case may be.
-
Nothing ins ubsection (2) of this section shall affect any discretion relating
to the institution, conduct or discontinuance of civil or criminal proceedings
in any court that is vested in any person by or under this Constitution
or any other law.
Derogation from s.3 s.13 under emergency powers.
14.- Nothing contained in or Done under the authority of a law
enacted by Parliament shall be held to be inconsistent with or in contravention
of section 3 or section 13 of this Constitution ot the extent that the
law authorised the taking during any period of public emergency of measures
that are reasonably justifiable for dealing with the situation that exists
in Dominica during that period.
Protection of persons detained under emergency laws.
15.-
-
When a person is detained by virtue of any such law as is referred to in
section 14 of this Constitution the following provisions shall apply, that
is to say:-
- he shall, as soon as reasonably practicable and in any case not more than
seven days after the commencement of his detention, be furnished with a
statement in writing in a language that he understands specifying in detail
the grounds upon which he is detained;
- not more than fourteen days after the commencement of his detention, a
notification shall be published in the Official Gazette stating that he
has been detained and giving particulars of the provision of law under
which his detention is authorised;
- not more than one month after the commencement of his detention and thereafter
during his detention at intervals of not more than three months, his case
shall be reviewed by an independent and impartial tribunal established
by law and presided over by a person appointed by the Chief Justice from
among persons who are legal practitioners;
- he shall be afforded reasonable facilities to consult a legal practitioner
of his own choice who shall be permitted to make representations to the
tribunal appointed fo the review of the case of the detained person; and
- at the hearing of his case by the tribunal appointed for the review of
his case he shall be permitted to appear in person or to be represented
by a legal practitioner of his own choice.
- On any review by a tribunal in pursuance of this section for the case of
a detained person, the tribunal may make recommendations concerning the
necessity of continuing his detention to the authority by which it was
ordered but, unless it is otherwise provided by law, that authority shall
not be obliged to act in accordance with any such recommendations.
- Nothing contained in subsection (1)(d) or subsection (1)(e) of this section
shall be construed as entitling a person to legal representation at public
expense.
Enforcement of protective provisions.
16.-
-
If any person alleges tat any of the provisions of sections 2 to 15 (inclusive)
of this Constitution has been, is being or is likely to be contravened
in relation ot him (or, in the case for a person who is detained, if any
other person alleges such a contravention in relation to the detained person)
then, without prejudice to any other action with respect to the same matter
which is lawfully available, that person (or that other person) may apply
to the High Court for redress.
-
The High Court shall have original jurisdiction-
-
to hear and determine any application made by any person in pursuance of
subsection (1) of this section; and
-
to determine any question arising in the case of any person which is referred
to it in pursuance of subsection (3) of this section,
and may make such declarations and orders, issue such writs and give such
directions as it may consider appropriate for the purpose of enforcing
or securing the enforcement of any of the provisions of sections 2 to 15
(inclusive) of this Constitution:
Provided that the High Court may decline to exercise its powers
under this subsection if it is satisfied that adequate means of redress
for the contravention alleged are or have been available to the person
concerned under any other law.
-
If in any proceedings in any court (other than the Court of APpeal or the
High Court or a court-martial) any question arises as to the contravention
of and of the provisions of sections 2 to 15 (inclusive) of this Constitution,
the person presiding in that court may, and shall if any party to the proceedings
so requests, refer the question is merely frivolous or vexatious.
-
Where any question is referred to the High Court in pursuance of subsection
(3) of this section, the High Court shall give its decision upon the question
and the court in which the question arose shall dispose of the case in
accordance with that decision or, if that decision if the subject of an
appeal to the Court of Appeal or to the Judicial Committee, in accordance
with the decision of the Court of Appeal or as the case may be, of the
Judicial Committee.
-
The High Court shall have such powers in addition to those conferred by
this section as amy be conferred upon it by Parliament for he purpose of
enabling it more effectively to exercise the jurisdiction conferred upon
it by this section.
-
The Chief Justice may make rules with respect to the practice and procedure
of the High Court in relation to the jurisdiction and powers conferred
on it by or under this section (including rules with respect to the time
within which applications may be brought and references shall be made to
the High Court).
Interpretation and savings.
17.-
-
In this Chapter, unless the context otherwise requires-
"contravention" in relation to any requirement, includes a
failure to comply with that requirement, and cognate expressions shall
be construed accordingly;
"court" means any court of law having jurisdiction in Dominica other
than a court established by a disciplinary law, and includes the Judicial
Committee and in section 2 and 4 of this Constitution a court established
by a disciplinary law;
"disciplinary law" means a law regulating the discipline of any disciplined
force;
"disciplined force" means-
-
a naval, military or air force;
-
the Police Force;
-
a prison service; or
-
any such other force or service as amy be prescribed by Parliament.
"legal practitioner" means a person entitled to be in or to enter Dominica
and entitled to practice as a barrister in Dominica or, except in relation
to proceedings before a court in which a solicitor has nor right of audience,
entitled to practise as a solicitor in Dominica;
"member"" in relation to a discipline force, includes any person who,
under the law regulating the discipline of that force, is subject to that
discipline.
-
In this Chapter "period of public emergency" means any period during which-
-
Dominica is engaged in any war; or
-
there is in force a proclamation by the president declaring that a state
of public emergency exists; or
-
there is in force a resolution of the House supported by the votes of not
less than two third of all the members of the House declaring that democratic
institutions in Dominica are threatened by subversion.
-
A proclamation made by the President shall not be effective for the purposes
of subsection (2) of this section unless it is declared therein that the
President is satisfied-
-
that a public emergency has arisen as a result of the imminence of a state
of war between Dominica and a foreign state or as a result of the occurrence
of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak
of infectious disease or other calamity whether similar to the foregoing
or not; or
-
that action has been taken or is immediately threatened by any person of
such a nature and on so extensive a scale as to be likely to endanger the
public safety or to deprive the community, or any substantial portion of
the community, of supplies or services essential to life.
-
A proclamation made by the President for the purposes of this section-
-
shall, unless previously revoked, remain in force for twenty-one days or
for such longer period, not exceeding six months, as the House may determine
by a resolution supported by the votes of a majority of all the members
of the House;
-
may be extended from time to time by a resolution of the House passed in
like manner as is prescribed in paragraph (a) of this subsection for further
periods, not exceeding in respect of each such extension a period of six
months; and
-
may be revoked at any time by a resolution supported by the votes of a
majority of all the members of the House of Assembly.
-
A resolution passed by the House for the purposes of subsection (2) of
this section may be revoked at any time by a resolution of the House supported
by the votes of a majority of all the members thereof.
-
In relation to any person who is a member of a disciplined force of Dominica,
nothing contained in or Done under the authority of the disciplinary law
of that force shall be held to be inconsistent with or in contravention
of any of the provisions of this Chapter other than sections 2, 4 and 5
of this Constitution.
-
In relation to any person who is a member of a disciplined force of a country
other than Dominica that is lawfully present in Dominica, nothing contained
in or Done under the authority of the disciplinary law of that force shall
be held to be inconsistent with or in contravention of any of the provisions
of this Chapter.
CHAPTER II
THE PRESIDENT
Establishment of office.
18.-
-
There shall be a President of Dominica who shall be elected by the House
and shall hold office for a term of five years.
-
The President shall have such functions as are prescribed by this Constitution
and such additional functions (if any) as may be prescribed by Parliament:
Provided that no such additional functions shall be conferred
upon him without his consent signified by writing under his hand addressed
to the Speaker.
Elections
19.-
-
Whenever the office of President is vacant or the term of office of the
President is due to expire within not more than ninety days, the Prime
Minister shall consult with the Leader of the Opposition as to their joint
nomination of a suitable candidate for election as President.
-
If the Prime Minister and the Leader of the Opposition submit to the Speaker
by writing under their hands a joint nomination of a candidate for election
as President to which that candidate has consented, the Speaker shall inform
the House of the nomination, and declare that candidate to have been duly
elected without putting the question to the vote.
-
If the Prime Minister is unable to agree with the Leader of the Opposition
as to their joint nomination of a candidate for election as President,
he shall notify the Speaker to that effect and the Speaker shall inform
the House accordingly.
-
The Prime Minister or the Leader of the Opposition or any three member
of the House may, during the period expiring fourteen days after the day
on which the House has been so informed, submit to the Speaker by writing
under their hands nominations of candidates for election as President and
the Speaker shall at the first meeting of the House after the expiration
of that period and before the House proceeds to any other business inform
the House of the nomination he has received and to which the candidates
concerned have consented.
-
An election of the President at which the candidates shall be those of
whose nomination the House has been informed by the Speaker, shall thereafter
beheld at the meeting of the House referred to in subsection (4) of this
section (or if proceedings under section 22 of this Constitution are pending
before the Court of Appeal, at a meeting of the House held as soon as is
practicable after those proceedings) and the Speaker shall declare the
candidate who has at that election received the votes of a majority of
all the members of the House to have been duly elected:
Provided that-
-
if that election the House has been informed of the nomination of only
one candidate the Speaker shall declare that candidate to have been duly
elected without putting the question to the vote; and
-
when the question of the election of the President from among two or more
candidates is put to the vote, the votes shall be given by ballot in such
manner as not to disclose how any particular member of the House votes.
-
Where a person consents to be nominated for election as President he shall
Do so by writing under his hand addressed to the Speaker.
-
A person who has been declared to have been duly elected as President under
this section shall assume office as such on the day after the day on which
his predecessor vacates the office of President or, if that office is already
vacant, he shall assume office on the day after the day on which he was
declared to have been duly elected.
Qualifications for office nomination.
20.-
-
A person shall be qualified to be nominated for election as President if,
and shall not be so qualified unless, he is a citizen of Dominica of the
age of forty years or upwards who at the date of his nomination has been
resident in Dominica for five years immediately preceding his nomination.
-
For the purposes of subsection (1) of this section a person shall be deemed
to reside in Dominica if he holds and office in the service of the Government
and lives outside Dominica because he is required to Do so for the proper
discharge of his functions.
Disqualifications for elections and holding office.
21.-
-
A person shall not be qualified to be elected as President if-
- he has already held the office of President for two terms; or
- he is disqualified to be elected or appointed as a Representative or Senator
by virtue of subsection (1)(a), (b), (c), (d), (e) or (f) of section 32
of this Constitution or by virtue of any law enacted in pursuance of subsection
(2), (3) or (5) of that section.
-
A person shall not be qualified to hold the office of President if he holds
any other office of emolument whether in the public service or otherwise
nor engage in any other occupation for reward.
Determination of questions as to qualifications.
22.-
-
The Court of Appeal shall have jurisdiction ot hear and determine any question
whether any person is qualified to be nominated for election, or elected,
as President.
-
An application to the Court of Appeal for the determination f any question
under this section may be made by the Attorney General or by any other
member of the House and, if it is made by a member other than the Attorney
General, the Attorney General may intervene and may then appear of be represented
in the proceedings.
-
The powers, practice and procedure of the Court of Appeal in respect of
any application for the determination f any question under this section,
including (without prejudice to the generality of the fore going) the time
in which and the conditions upon which an application may be made, shall
be regulated by such provisions as may be made by Parliament.
-
No appeal shall lie from any decision of the Court of APpeal under this
section.
-
A certificate under the hand of the Speaker stating that a person was declared
to have been duly elected under section 19 of this Constitution shall be
conclusive evidence of the fact so stated and shall not be questioned in
any court of law.
-
In the exercise of his functions under this section, the Attorney General
shall not be subject to the directions or control of any other person or
authority.
Tenure of office.
23.-
-
Subject to the provisions of this section and of section 25 of this Constitution,
the President shall vacate his office at the expiration of a term of five
years from the date on which he was declared to have been duly elected.
-
Where a person is elect to fill a vacancy in the office of President occurring
before the expiration of the term of office of his predecessor he shall
hold office only for the unexpired portion of that term.
-
Parliament may extend the term of office of the President under subsection
(1) or (2) of this section for a period nor exceeding six months in order
to avoid the holding of an election to the office of President during a
period while Parliament is dissolved or at a time within one month before
the beginning or one month after the end of such a period.
Removal from office.
24.-
-
the President may be removed from office under section 25 of this Constitution
where-
-
he wilfully violates any provision of the Constitution;
-
he behaves in such a way as to bring his office into hatred, ridicule or
contempt;
-
he behaves in a way that endangers the security of Dominica;
-
because of physical or mental incapacity, he is unable to perform the functions
of his office;
-
any circumstances arise that, if he were not President, would cause him
to be disqualified to be elected as such by virtue of subsection (1)(b)
of section 21 of this Constitution; or
-
he is appointed to any such office, or engages in any such occupation,
as is referred to in subsection (2) of that section.
Procedure for removal from office.
25.-
-
The office of the President shall become vacant if-
-
the House (acting upon a motion signed by not less than one third of all
the members of the House proposes the removal of the President from office
on grounds of complaint specified with full particulars in the resolution;
-
a tribunal consisting of the Chief Justice and two other judges of the
Supreme Court appointed by the Chief Justice, being as far as practicable
the most senior judges, investigates the complaint and makes a report on
the facts thereof to the House; and
-
the House, after considering the report, by resolution supported by the
votes of not less than two.thirds of all the members of the House declares
that the President shall be removed from office.
-
Parliament may make provision with respect to the powers, practice and
procedure of tribunals established for the purpose of subsection 1(b) of
this section and, subject as aforesaid, any such tribunal may by regulation
or otherwise regulated its own procedure.
-
Where a resolution is passed in accordance with subsection (1)(a) of this
section, the President shall forthwith cease to perform the functions of
this office; but he may resume the performance of those functions if, after
the House has considered a report made to it under subsection (1)(b) of
this section, no such resolution as is referred to in subsection (1)8c)
of this section is passed.
Oath.
26.- A person elected to hold the office of President or designated
or elected ot act as president shall before entering upon the duties of
the office of President take and subscribe the oath of office, such oath
being administered by the Chief Justice or such other judge of the Supreme
Court as may be designated by the Chief Justice.
Protection in respect of legal proceedings.
27.-
-
Whilst any person hold office or is acting as President no criminal proceedings
shall be instituted or continued against him in respect of anything Done
or omitted to be Done by him either in his official capacity or in his
private capacity and no civil proceedings shall be instituted or continued
in respect of which relief is claimed against him in respect of any thing
Done or omitted to be Done in his private capacity.
-
Where provisions is made by law limiting the time within which proceedings
of any description may be brought against any person, the period during
which any person has held office or acted as President shall ot be taken
into account in calculating any period of time described by that law which
determines whether any such proceedings as are mentioned in subsection
(1) of this section may be brought against that person.
Acting President.
28.-
-
Whenever the holder of the office of President is unable to perform the
functions of his office by reason of his absence form Dominica, by reason
of illness of by reason that he is suspended from the exercise of those
functions under section 25(3) of this Constitution, those functions shall
be performed-
-
by such person as amy with his consent have been designated in that behalf
by the holder of the office of President, acting after consultation with
the Prime Minister and the Leader of the Opposition, by writing under his
hand; or
-
if there is no person so designated or if the person so designated is unable
to act, by such person as may have been elected in that behalf by the House
in accordance with the like procedure as is prescribed by section 19 of
this Constitution for the election of the President.
-
A person shall not be qualified to act as President unless he is qualified
to be elected as, and to hold the office of President:
Provided that the Speaker of the Deputy Speaker may act as
President, in which case ha shall cease to perform the functions of this
office during any period during which he is so acting.
-
A person acting as President under this section shall cease to act when
he is notified-
- that another person has been designated or elected to act; or
- that the holder of the office of President is about to resume the performance of the functions of this office.
CHAPTER III
PARLIAMENT
Part 1
Establishment of Parliament
Composition
29.-There shall be a Parliament of Dominica which shall consist
of the President and a HOuse of Assembly.
Composition of House of Assembly.
30.-
-
The House shall consist of-
-
such number of Representatives as corresponds with the number of constituencies
for the time being established in accordance with the provisions of section
57 of this Constitution, who shall be elected in accordance with the provisions
of section 33 of this Constitution;
-
nine Senators appointed or elected in accordance with the provisions of
section 34 of this Constitution.
-
if a person who is not a member of the House is elected to be Speaker he
shall, by virtue of holding the office of Speaker, be a member of the House
-
At any time when the office of Attorney General is a public office, the
Attorney General shall, by virtue of holding or acting in that office,
be a member of the House.
Qualifications for Representatives and Senators.
31.-
-
Subject to the provisions of section 32 of this Constitution, a person
shall be qualified to be elected as a Representative if, and shall not
be so qualified unless, he-
-
is a citizen of Dominica of the age of twenty-one years or upwards;
-
has resided in Dominica for a period of twelve months immediately before
the date of his nomination for election or is Domiciled and resident in
Dominica at that date; and
-
is able to speak and, unless incapacitated by blindness or other physical
cause, to read the English language with a degree of proficiency sufficient
to enable him to take an active part in the proceedings of the House.
-
Subject to the provisions of section 32 of this Constitution, a person
shall be qualified unless, he-
-
is a Commonwealth citizen of the age of twenty-one years or upwards;
-
is Domiciled and resident in Dominica at the date of his appointment or
nomination for election; and
-
is able to speak and, unless incapacitated by blindness or other physical
cause, to read the English language with a degree of proficiency sufficient
to enable him to take an active part in the proceedings of the House.
Disqualifications for Representatives and Senators.
32.-
-
A person shall not be qualified to be elected or appointed as a Representative
or Senator (hereinafter in this section referred to as a member) if he-
-
is by virtue of his own act, under any acknowledgement of allegiance, obedience
or adherence to a foreign power or state;
-
is a minister of religion;
-
is an undischarged bankrupt, having been adjudged or otherwise declared
bankrupt under any law in force in Dominica;
-
is under sentence of death imposed on him by a court of law in any part
of the Commonwealth or is serving a sentence of imprisonment (by whatever
name called) exceeding twelve months imposed on him by such a court or
substituted by competent authority for some other sentence imposed on him
be such a court, or is under such a sentence of imprisonment the execution
of which has been suspended;
-
subject to such exceptions and limitations as may be prescribed by Parliament,
has an interest in any government contract and has not, within seven days
of his nomination as a candidate for election or, as the case may be, at
least seven days before the date of his prospective appointment, disclosed
the nature of the contract and of his interest therein by means of a notice
published in the Official Gazette and in a daily or weekly newspaper circulating
in Dominica; or
-
holds or is acting in the office of President.
-
If it is so provided by Parliament, a person shall not be qualified to
be elected or appointed as a member if he holds or is acting in any office
that is specified by parliament and the functions of which involve responsibility
for, or in connection with, the conduct of any election of members or the
compilation of any register of votes for the purpose of electing Representatives.
-
If it is so provided by parliament, a person who is convicted by any court
of law of any offence that is prescribed by parliament and that is connected
with the election of member or who is reported guilty of such an offence
by the court trying and election petition shall not be qualified, for such
period (not exceeding seven years) following his conviction or, as the
case may be, following the report of the court as may be so prescribed,
to be elected or appointed as a member.
-
A person shall nt be qualified to be elected as a Representative if he
is a Senator or is nominated for election as a Senator; and a person shall
not be qualified to be appointed or elected as a Senator if he is a Representative
or is nominated for election as a Representative.
-
If it is so provided by Parliament and subject to such exceptions and limitations
(if any) as Parliament may prescribe, a person shall not be qualified to
be elected or appointed as a member if-
-
he holds or is acting in any office or appointment (whether specified individually
or by reference to a class of office or appointment);
-
he belongs to any of the armed forces of Dominica or to any class of person
that is comprised in any such force; or
-
he belongs to any police force or to any class of person that is comprised
in any such force.
-
In subsection (1) of this section-
"government contract" means any contract made with the Government
or with a department of the Government or with an officer of the Government
contracting as such; "minister of religion" means any person in holy orders
and any other person the functions of whose principal occupation include
teaching or preaching in any congregation for religious worship.
-
For the purposes of paragraph (e) of subsection (1) of this section-
-
two or more sentences of imprisonment that are required to be served consecutively
shall be regarded as separate sentences if none of those sentences exceeds
twelve months, but if any one of such sentences exceeds that term they
shall be regarded as one sentence; and
-
no account shall be taken of a sentence of imprisonment imposed as an alternative
to or in default of the payment of a fine.
Election of Representatives.
33.-
-
Each of the constituencies established in accordance with the provisions
of section 57 of this Constitution shall return one Representative to the
House who shall be directly elected in such manner as may, subject to the
provisions of this Constitution, be prescribed by or under any law.
-
Every Commonwealth citizen of the age of eighteen years or upwards who
possesses such qualifications relating to residence or Domicile in Dominica
as Parliament may prescribed shall, unless he is disqualified by Parliament
from registration as a voter for the purpose of electing Representative,
be entitled to be registered as such a voter in accordance with the provisions
of any law in that behalf, and no other person may be registered.
-
Every person who is registered as aforesaid in any constituency shall,
unless he is disqualified by Parliament from voting in that constituency
in any election of Representative, be entitled so to vote, in accordance
with the provisions of any law in that behalf, and no other person may
so vote.
-
In any election of Representative the votes shall be given by ballot in
such manner as not to disclose how any particular person votes.
Appointment or election of Senators.
34.-
-
Of the Senators-
-
five shall be appointed by the President, acting in accordance with the
advice of the Prime Minister; and
-
four shall be appointed by the President, acting in accordance with the
advice of the Leader of the Opposition;
Provided that, if it is so prescribed by Parliament, the Senators
shall, instead of being appointed under the foregoing provisions of this
section, be elected, in accordance with such provision as may be made by
Parliament in that behalf.
-
Where Parliament makes provision for voting for the purpose of electing
Senators, the persons entitled to vote shall be the person entitled to
vote for the purpose of electing Representatives and no other persons and
the votes shall be given by ballot ins uch manner as not to disclose how
any particular person votes.
Tenure of office of Representatives and Senators
35.-
-
A representative or a Senator (hereinafter in this section referred to
as a member) shall vacate his seat in the House at the next dissolution
of Parliament after his election or appointment.
-
A Senator appointed in accordance with the provisions of paragraph (a)
of section 34 of this Constitution shall vacate his seat in the House if
his appointment is revoked by the President, acting in accordance with
the advice of the Prime Minister, and a Senator appointed in accordance
with the provisions of paragraph (b) of that section shall vacate his seat
in the House if his appointment is revoked by the President, acting in
accordance with the advice of the Leader of the Opposition.
-
A member shall also vacate his seat in the House-
-
if he is absent from the sitting of the House for such period and in such
circumstances as may be prescribed in the rules of procedure of the House;
-
in the case of a Representative, if he ceases to be a citizen of Dominica
or, in the case of a Senator if he ceases to be a Commonwealth citizen;
-
subject to the provisions of subsection (4) of this section, if any other
circumstances arise that, if he were not a member, would cause him to be
disqualified to be elected or appointed as such by virtue of subsection
(1) of section 32 of this Constitution or by virtue of any law enacted
in pursuance of subsection (2), (3) or (5) of that section;
-
if he is elected to be President; or
-
if (not being the Speaker or the Deputy Speaker) he is elected to act as
President.
-
If any circumstances such as are referred to in paragraph (c) of subsection
(3) of this section arise because any member is under sentence of death
or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted
or reported guilty o f an offence relating to elections and if it is open
to the member to appeal against the decision (either with the leave of
a court of law or other authority or without such leave), he shall forthwith
cease to perform his functions as a member but, subject to the provisions
of this section, he shall not vacate his seat until the expiration of a
period of thirty days thereafter.
Provided that the Speaker may, at the request of the member, from
time to time extent that period for further periods of thirty days to ever,
that extensions of time exceeding in the aggregate one hundred and fifty
days shall not be given without the approval, signified by resolution,
of the House.
-
If, on the determination of any appeal, such circumstances continue to
exist and no further appeal is open to the ember, or if, by reason of he
expiration of any period for entering an appeal or notice thereof or the
refusal of leave to appeal or for any other reason, it ceases to be open
to the member to appeal, he shall forthwith vacate his seat.
-
If at any time before the member vacates his seat such circumstances aforesaid
cease to exist, his seat shall not become vacant on the expiration of the
period referred to in paragraph (a) of this subsection and he may resume
the performance of his functions as a member.
Speaker.
36.-
-
When the House first meets after any general election of Representatives
and before it proceeds to the despatch of any other business, it shall
elect a person to be the Speaker of the House; and if the office of Speaker
falls vacant at any time before the next dissolution of Parliament, the
House shall, as soon as practicable, elect another person to that office.
-
The Speaker may be elected either from among the members of the House who
are not members of the Cabinet or Parliamentary Secretaries or from among
persons who are not members of the House:
Provided that a person who is not a member of the House shall
not be elected as Speaker if-
-
he is not a Commonwealth citizen; or
-
he is a person disqualified to be elected or appointed as a Representative
or Senator by virtue of subsection (1) of section 32 of this Constitution
or by virtue of any law enacted in pursuance of subsection 82), (3) or
(5) of that section.
-
No business shall be transacted in the House (other than the election of
a Speaker) at any time when the office of Speaker is vacant.
-
A person shall vacate the office of Speaker-
-
in the case of a Speaker who was elected from among the members of the
House-
-
if he ceases to be a member of the House:
Provided that the Speaker shall not vacate his office by reason only
that he has cease to be a member of the House on a dissolution of Parliament,
until the House first meets after the dissolution; or
-
if he becomes a member of the Cabinet or a Parliamentary Secretary;
-
in the case of a Speaker who was elected from among persons who were not
members of the House-
-
when the House first meets after any dissolution of Parliament;
-
if he ceases to be a Commonwealth citizen;
-
if any circumstances arise that would a cause him to be disqualified to
be elected or appointed as a Representative or Senator by virtue of subsection
(1) of section 32 of this Constitution or by virtue of any law enacted
in pursuance of subsection (2), (3) or 85) of that section; or
-
if he is elected to be President.
-
If, by virtue of section 35(4) of this Constitution, the Speaker (being
a Representative or a Senator) is required to cease to perform his functions
as a member of the House he shall also cease to perform his functions as
Speaker; and if the Speaker resumes the performance of his functions as
a member of the House, in accordance with the provisions of that section,
he shall also resume the performance of his functions as Speaker.
-
At any time when, by virtue of section 28(2) or section 35(4) of this Constitution,
the Speaker is unable to perform the functions of his office, those functions
shall, until he vacates his seat in the House or resumes the performance
of the functions of his office, be performed by the Deputy Speaker or,
if the office of Deputy Speaker is vacant or the Deputy Speaker is required
to cease to perform his functions as a member of the House by virtue of
section 28(2) or 35(4) of this Constitution, by such member of the House
(not being a member of the Cabinet or a Parliamentary Secretary) as the
House may elect for the purpose.
Deputy Speaker.
37.-
-
When the House first meets after any general election of Representatives
and before it proceeds to the despatch of any other business except the
election fo the Speaker, the House shall elect a member of the House, who
is not a member of the Cabinet or a Parliamentary Secretary, to be Deputy
Speaker of the House, and if the office of Deputy Speaker falls vacant
at any time before the next dissolution of Parliament, the House shall,
as soon as convenient, elect another member of the House to that office.
-
A person shall vacate the office of Deputy Speaker-
-
if he ceases to be a member of the House;
-
if he becomes a member of the Cabinet or a Parliamentary Secretary; or
-
if he is elected to be Speaker.
-
If, by virtue of section 35(4) of this Constitution, the Deputy Speaker
is required to cease to perform his functions as a member of the House
he shall also cease to perform his functions as Deputy Speaker resumes
the performance with the provisions of the section, he shall also resume
the performance of his functions as Deputy Speaker.
-
At any time when , by virtue of section 28(2) or section 35(4) of this
Constitution, the Deputy Speaker is unable to perform the functions of
this office, those functions shall, until he vacates his seat in the House
or resumes the performance of the functions of this office, be performed
by such member of the House (not being a member of the Cabinet or a Parliamentary
Secretary) as the House may elect for the purpose.
Responsibility for elections.
38.-
-
The Electoral Commission shall be responsible for the registration of voters
for the purpose of electing representatives and for the conduct of election
s of Representatives and Senators and shall have such powers and other
functions relating to such registration and elections as may be prescribed
by law.
-
In the discharge or its functions the Electoral Commission shall be assisted
by a Chief Elections Officers, whose office shall be a public office, and
the Commission may give such directions as it considers necessary or expedient
to the Officer, who shall comply with such directions or cause them to
be complied with.
-
For the purposes of the exercise of his functions under subsection (2)
of this section, the Chief Elections Officer may give such directions as
he considers necessary or expedient to any registering officer, presiding
officer or returning officer relating to the exercise by that officer of
his functions under any law regulating the registration of voters or the
conduct of elections, and any officers to whom directions are given under
this subsection shall comply with those directions.
-
The Electoral Commission may make such reports to the President concerning
the matters for which it is responsible under his section, or any draft
bill or instrument that is referred to it under section 51 of this Constitution,
as it may think fit and if the Commission so request in any such report
other than a report on a draft bill or instrument that report shall be
laid before the House.
-
Without prejudice to the provisions of subsection (2) of this section,
in the exercise of his functions under this section the CHief Elections
Officer shall not be subject to the directions or control of any other
person or authority.
-
The Question whether the Chief Elections Officer has acted in accordance
with the directions of the Electoral Commission shall not be enquired into
in any court of law.
Clerk of House and his staff.
39. -
-
There shall be a Clerk of the House
-
The office of the Clerk of the House and the offices of the members of
his staff shall be public offices
Determination of questions of memberships
40.-
-
The High Court shall have jurisdiction to hear and determine any question
whether-
-
any person has been validly elected as a Representative or Senator;
-
any person has been validly appointed as a Senator;
-
any person who has been elected as Speaker from among persons who were
not members of the House was qualified to be so elected or has vacate the
office of Speaker; or
-
any member of the House has vacate his seat or is required, under the provisions
of section 35(4) of this Constitution, to cease to perform any of this
functions as a member of the House.
-
An application to the High Court for the determination of any question
under subsection (1)(a) of this section may be made by any person entitled
to vote in the election to which the application relates or by any person
who was a candidate at that election or by the Attorney General and, if
it is made by a person other than the Attorney-General, the Attorney-General
may intervene and may then appear or be represented in the proceedings.
-
An application to the High Court for the determination of any question
under subsection (1)(b) or subsection (1)(c) of this section may be made
by any elected member of the House or by the Attorney-General and, if it
is made by a person other than the Attorney-General, the Attorney-General
may intervene and may then appear or be represented in the proceedings.
-
An application to the High Court for the determination of any question
under subsection (1)(d) of this section may be made-
-
by any elected member of the House or by the Attorney-General; or
-
in the case of the seat of an elected member of the House, by any person
registered in some constituency as a voter for the purpose of selecting
Representatives,
and, if it is made by a person other than the Attorney-General, the Attorney-General
may intervene and may then appear or be represented in the proceedings.
-
The circumstances and matter in which and the imposition of conditions
upon which any application my be made to the High Court for the determination
of any question under this section and the powers, practice and procedure
of the High Court in relation to any such application shall be regulated
by such provision as may be made by Parliament.
-
An appeal shall lie as of right to the Court of Appeal from any final decision
of the High Court determining such a question as is referred to in subsection
(1) of this section,
-
No appeal shall lie from any decision of the Court of Appeal in exercise
of the jurisdiction conferred by subsection (6) of this section and no
appeal shall lie from any decision of the High Court in proceedings under
this section other than a final decision determining such a question as
is referred to in subsection (1) of this section.
-
In the exercise of his functions under this section, the Attorney-General
shall not be subject to the direction or control of any other person or
authority.
Part 2
Legislation and procedure of Parliament
Power to make laws.
41.- Subject to the provisions of this Constitutional, Parliament
may make laws for the peace, order and good government of Dominica.
Alteration of Constitution and SUpreme Court Order.
42.-
-
Parliament may alter any of the provisions of this Constitution or of the
Supreme Court Order in the manner specified in the following provisions
of this section.
-
A bill to alter this section, Schedule 1 to this Constitution or any of
the provisions of this Constitution specified in Part 1 of that Schedule
or any of the provisions of the Supreme Court Order specified in Part ii
of that Schedule shall not be regarded as being passed by the House of
Assembly unless on its final reading in the House the bill is supported
by the votes of not less tan three-quarters of all the elected members
of the House; and a bill to alter any of the provisions of this Constitution
or , as the case may be, of the Supreme Court Order not so specified shall
not be regarded as being passed by the House unless on its final reading
in that House the bill is supported by the votes of not less than two thirds
of all the elected members of the House.
-
A bill to alter any of the provisions of this Constitution or the SUpreme
Court Order shall not be submitted to the President for his assent-
-
unless there has been an interval of nor less than ninety days between
the introduction of the bill in the House of Assembly and the beginning
of the Proceedings in the House on the second reading of the bill; and
-
if the bill provides for the alteration of this section, Schedule 1 to
this Constitution or any other provisions of this Constitution or the Supreme
Court Order specified in that Schedule Court Order specified in that Schedule,
unless after it has been passed by
the House the bill has been approved on a referendum, held in accordance
with such provision as may be made in that behalf by parliament, by a majority
of the votes validly cast on that referendum.
-
The provisions of paragraph (b) of subsection (3) of this section shall
not apply in relation to any bill to alter-
-
section 106 of this Constitution in order to give effect to any agreement
between Dominica and the United KingDom concerning appeals from any court
having jurisdiction in Dominica to the Judicial Committee;
-
any of the provisions of the Supreme Court Order in order to give effect
to any international agreement to which Dominica is a party relating to
the Supreme Court or any other court (or ant office or authority having
functions in respect of any such court) constituted in common for Dominica
and for other countries also parties to the agreement.
-
Every person who, at the time when the referendum is held, would be entitled
to vote for the purpose of electing Representatives shall be entitled to
vote on a referendum held for the purposes of this section in accordance
with such procedure as amy be prescribed by Parliament for the purposes
of the referendum ad no other person shall be entitled so to vote.
-
In any referendum for the purposes of this section the votes shall be given
by ballot in such manner as not to disclose how any particular person votes.
-
The conduct of nay referendum for the purposes of this section shall be
the responsibility of the Electoral Commission and the provisions of sections
38 and 51 of this Constitution shall apply in relation to the referendum
and legislation relating thereto as they apply in relation to the exercise
of their functions with respect to elections of Representatives and legislation
relating thereto.
-
a bill to alter any of the provisions of this Constitution or the Supreme
Court Order shall not be submitted to the President for his assent unless
it is accompanied by a certificate under the hand of the Speaker that the
provisions of subsections (2) and (3) of this section have been complied
with.
-
The certificate of the Speaker under this subsection shall be conclusive
that the provisions of subsections (2) and (3) of this section have been
complied with and shall not be enquired into in any court of law.
-
In this subsection references to the Speaker shall, if the person holding
the office of Speaker is for any reason unable to perform the functions
of his office and no other person is performing them, include references
to the Deputy Speaker.
-
In this section and Schedule 1 to this Constitution references to any of
the provisions of this Constitution or the Supreme Court Order include
references to any law that alters that provision.
freedom of speech.
43.- Without prejudice to any provisions made by Parliament
relating to the powers, privileges and immunities of the House and its
committees, or the privileges and immunities of the members and officers
of the House and of other persons concerned in the business of the House
or its committees, no civil or criminal proceedings may be instituted against
any member of the House for words spoken before, or written in a report
to, the House or a committee thereof or by reason of any matter or thing
brought by him therein by petition, bull, resolution, motion or otherwise.
Oath by members.
44.-
-
Every member of the House shall, before taking is seat in the house, taken
and subscribe before the House the oath of allegiance but a member may
before taking that oath take part in the election of the Speaker.
-
Any person elected to the office of Speaker shall, if he has not already
taken and subscribed the oath of allegiance under subsection (1) of this
section, take and subscribe that oath before the House before entering
upon the duties of his office.
Presiding.
45.- There shall preside at any sitting of the House-
-
the Speaker;
-
in the absence of the Speaker, the Deputy Speaker; or
-
in the absence of the Speaker and the Deputy Speaker, such member of he
House (not being a member of he Cabinet or a Parliamentary Secretary) as
the House may elect for that purpose.
Voting.
46.-
-
Save as otherwise provided in sections 17(2), 17(4), 19(5), 25(1) and 42(2)
of this Constitution, any question proposed for decision in the House shall
be determined by a majority of the votes of the members present and voting:
Provided that question of no confidence in the Government shall
be determined by a majority of the votes of all the elected members of
the House.
-
A question shall not be regarded as having been validly determined by a
vote in the House unless at least twelve members, or such greater number
of members as Parliament may prescribe, take part in the voting.
-
The references to all the members of the House in sections 17(2), 174),
19(5) and 25(1) of this Constitution shall not include the Speaker if he
was elected from among persons who were not members of the House.
-
A Speaker who was elected from among the members of he House or other member
presiding in the House shall not vote unless on any question the votes
are equally divided , in which case he shall have and exercise a casting
vote:
Provided that in the case of the question of the final reading
of such a bill as is referred to in section 42(2) of this Constitution
he shall, if he is an elected member of the House, have an original vote
but no casting vote.
-
A Speaker who ws elected from among persons who were not members of he
House shall have neither an original nor a casting vote.
-
If, upon any question before the House, the votes of the members are equally
divided and no casting vote may be exercised, the motion shall be lost.
Effect of vacancies, etc.
47.- The House may act notwithstanding any vacancy in its membership
(including any vacancy no filled when the House first meets after any general
election of Representatives or Senators) and the presence or participation
of any person not entitled to be present at or to participate in the proceedings
of the House shall not invalidate those proceedings.
Penalty for sitting if unqualified.
48.-
-
Any person who sits or votes in the House knowing or having reasonable
grounds for knowing that he is not entitled to Do so shall be guilty of
an offence and liable to a fine not exceeding one hundred dollars, or such
other sum as may be prescribed by Parliament, for each day on which he
so sits or votes in the House.
-
Any prosecution for an offence under this section shall be instituted in
the High Court and shall not be so instituted except by the Director of
Public Prosecutions.
Mode of exercise of legislative power.
49.-
-
The power of Parliament to make laws shall be exercised by bills passed
by the House ad assented to by the President.
-
When a bill is submitted to the President for assent in accordance with
the provisions of this Constitution he shall signify that he assents.
-
When the President assents to a bill that has been submitted to him in
accordance with the provisions of this Constitution the bill shall become
law and the President shall thereupon cause it to be published in the Official
Gazette as law.
-
No law made by Parliament shall come in to operation until it has been
published in the Official gazette but Parliament may postpone the coming
into operation of any such law and may make laws with retrospective effect.
Restrictions with regard to certain financial measures.
50.- Except on the recommendation of the President signified
by a Minister, the House shall not-
-
proceed upon any bill (including any amendment to a bill) that, in the
opinion of the person presiding, makes provisions for any of the following
purposes:-
-
for the imposition of taxation or the alteration of taxation otherwise
than by reduction;
-
for the imposition of any charge upon the Consolidate Fund or any other
public fund of Dominica or the alteration of any such charge otherwise
than by reduction;
-
for the payment, issue or withdrawal from the Consolidated Fund or any
other public fund Dominica of any monies not charged thereon or any increase
in the amount of such payment, issue or withdrawal; or
-
for the composition or remission f any debt due to the Government; or
-
proceed upon any motion (including any amendment to a motion) the effect
of which, in the opinion of the person presiding, would be to make provision
for any of those purpose.
Scrutiny of electoral legislation:
51.- Every proposed bull and every proposed regulation or other
instrument having the force of law relating to the registration of electors
for the purpose of electing Representatives or to the election of Representatives
and Senator shall be referred to the Electoral Commission and to the CHief
Elections Officer at such time as shall give them sufficient opportunity
to make comments thereon before the bill is introduced in the House or,
as the ase may be, the regulation or other instrument is made.
Regulation of Procedure in House.
52.- Subject to the provisions of this Constitution, the House
may regulated its own procedure and may in particular make rules for the
orderly conduct of its own proceedings.
Part 3
Summoning, prorogation and dissolution
Sessions.
53.-
-
Each session of Parliament shall be held at such place within Dominica
and shall commence at such time as the President may be Proclamation appoint.
-
There shall be a session of Parliament once at least in every year, so
that a period of six months shall not intervene between the last sitting
of the House i one session and the first sitting thereof in the next session.
Prorogation and dissolution.
54.-
-
The President may at any time prorogue or dissolve parliament.
-
Subject to the provisions of subsection (3) of this section Parliament,
unless sooner dissolved, shall continue for five years from the date of
the first sitting of the House after any dissolution and shall then stand
dissolved.
-
At any time when Dominica is at war, Parliament may extent the period of
five years specified in subsection (2) of this section for not more than
twelve months at a time:
provided that the life of Parliament shall not be extended under this
subsection for more than five years.
-
In the exercise of his powers to dissolve Parliament, the president shall
act in accordance with the advice of the Prime Minister:
Provided that if the office of the Prime Minister is vacant and the
President, acting in his own deliberate judgement, considers that there
is no prospect of his being able within a reasonable time to appoint to
that office a person who can command the support of the majority of the
elected members of the House, the President shall dissolve parliament.
-
If, after a dissolution of Parliament and before the holding of the general
election of Representatives, the Prime Minister advises the President that,
owing to the existence of a state of war or of a state of emergency in
Dominica, it is necessary to recall parliament, the President shall summon
the Parliament that has been dissolved to meet, but, unless the life of
Parliament is extended under the provisions of subsection (3) of this section,
the general election of Representatives shall proceed and the Parliament
that has been recalled shall, if not sooner dissolved, again stand dissolved
on the date appointed for the nomination of candidates in that general
election.
Holding of elections.
55.-
-
A general election of representatives or, where provision has been made
by Parliament for the election of the Senators, a general election fo Senators
shall be held at such time within three months after any dissolution of
Parliament as the President may appoint for that election.
-
As soon as practicable after the holding of any general election of Representatives
the President shall, unless provision has been made by Parliament for their
election, proceed to the appointment of he Senators in accordance with
the provisions of section 34 of this Constitution.
-
Where the seat of a Representative or Senator falls vacant other wise than
by reason of a dissolution of the House-
-
if the vacant seat is that of a Representative, a by-election shall be
held;
-
if the vacant seat is that of a Senator who has been appointed, an appointment
shall be made; or
-
if the vacant seat is that of a Senator who has been elected, such electoral
proceedings as amy be prescribed shall be taken,
to fill the vacancy within three months of the occurrence of the vacancy
unless the House is sooner dissolved.
Part 4
Constituency Boundaries and Electoral Commissions
Constituency Boundaries Commission and Electoral Commission.
56.-
-
There shall be a Constituency Boundaries Commission and an Electoral Commission
for Dominica each of which is hereinafter in this section referred to as
a Commission).
-
The Constituency Boundaries Commission shall consist of
-
the Speaker, as chairman;
-
two members appointed by the President, acting i accordance with the advice
of the Prime Minister; and
-
two members appointed by the President, acting in accordance with the advice
of the Leader of the Opposition.
-
The Electoral Commission shall consist of-
-
a chairman appointed by the President, acting in his own deliberate judgement;
-
two members appointed by the President, acting in accordance with the advice
of the Prime Minister; and
-
Two members appointed by the President, acting in accordance with the advice
of the leader of the opposition:
Provided that for the Purposed of paragraph (b) or (c) of this subsection
(and without prejudice to the provisions of section 63(2) of this Constitution),
the President shall act in his own deliberate judgement and without the
advice of the Prime Minister or, as the case may be, the advice of the
Leader of the Opposition, if, having requested that advice, he Does nor
received it within thirty days.
-
A person shall to be qualified to be appointed as a member of a Commission
if he is a member of the House or a public officer not, in the case of
the chairman of he Electoral Commission, unless he holds one of the specified
qualifications and has held one or other of those qualifications for a
total period of not less than seven years.
-
Subject to the provisions of this section, a member of a Commission who
has been appointed shall vacate his office-
-
When the House first meets after the next dissolution of Parliament after
his appointment;
-
if any circumstances arise that, if he were not a member of the Commission,
would cause him to be disqualified for appointment as such.
-
A member of a Commission who has been appointed amy be removed from office
but only for inability to discharge the functions thereof (whether arising
from inability to discharge the functions thereof (whether arising from
infirmity of mind or body or any other cause) or for misbehaviour, and
shall not be so removed except in accordance with he provisions of this
section.
-
A member of a Commission who has been appointed shall be removed from office
by the President if the question of his removal from office has been referred
to a tribunal appointed under subsection (8) of this section and the tribunal
has recommended to the President that he ought to be removed from office
for inability as aforesaid or for misbehaviour.
-
If the Prime Minister, in the case of a member of the Constituency Boundaries
Commission appointed in accordance with paragraph (b) of subsection (2)
of this section, to the Leader of the Opposition, in the case of a member
of that Commission appointed in accordance with paragraph (c) of that subsection,
represents to the President or if, in the case of the chairman of the Electoral
Commission, the President or if, in the case of the chairman of the Electoral
Commission, the President, actin in his own deliberate judgement, and,
in the case of any other member of that Commission, the President, acting
after consultation with the Prime Minister and the Leader of the Opposition,
considers that the question or removal of a member of he Commission from
office for inability as aforesaid or for misbehaviour ought to be investigated,
then-
-
the President shall appoint a tribunal, which shall consist of a chairman
and not less than two other members, selected by the Chief Justice, from
among persons who hold or have held office as a judge of a court having
unlimited jurisdiction in civil and criminal matters in some part of the
Commonwealth or a court having jurisdiction appeals from any such court;
and
-
the tribunal shall enquire into the matter and report on the facts thereof
to the President and recommend to the President whether the member of the
Commission ought to be removed from office for inability as aforesaid or
for misbehaviour.
-
A Commission may regulate its own procedure, and, with the consent of the
Prime Minister, confer powers and impose duties on any public officer or
on any authority of the Government of Dominica for the purpose of the discharge
of its functions.
-
A Commission may, subject to its rules of procedure, act notwithstanding
any vacancy in its membership and its proceedings shall not be invalidated
by the presence or participation of any person not entitled to be present
at or to participate in those proceedings:
Provided that any decision of the Commission shall require
the concurrence of a majority of all its members.
-
In the exercise of its functions under this Constitution a Commission shall
not be subject to the direction or control of any other person or authority.
Part 5
Delimitation of constituencies
Review of constituency boundaries.
57.-
-
The Electoral Boundaries Commission (hereinafter in this section referred
to as the Commission) shall, in accordance with the provisions of this
section, review the number and boundaries of the constituencies into which
Dominica is divided an submit to the President reports either-
-
Showing he constituencies into which it recommends that Dominica should
be divided in order to give effect to the rules set out in Schedule 2 to
this Constitution; or
-
stating that, in this opinion, on alterations required to the existing
number or boundaries of constituencies in order to give effect to those
rules.
-
Reports under subsection (1) of this section shall be submitted by the
Commission at intervals of not less than two nor more than five years.
-
As soon as amy be after the Commission has submitted a report under subsection
(1)(a) of this section, the Prime Minister shall lay before the House for
its approval the draft of an order by the President for giving effect,
whether with or without modifications, to the recommendations contained
in the report, and that draft order may make provision for any matters
that appear to the Prime Minister to be incidental to or consequential
upon the other provisions of the draft.
-
Where any such draft order gives effect o any such recommendations with
modifications, the Prime Minister shall lay before the House together with
the draft order a statement of he reasons for the modifications.
-
If the motion for the approval of any draft order laid before the House
under this section is rejected by the House, or is withdrawn by leave of
that Hose, the Prime Minister shall amend the draft order and lay the amended
draft before the House.
-
If any draft order laid before the House under this section is approved
by resolution of the House, the Prime Minister shall submit it to the President
who shall make an order in terms of the draft; and that order shall come
into force upon the next dissolution of Parliament after it is made.
-
The question of the validity of any order by the President purporting to
be made under this section and reciting that a draft thereof has been approved
by resolution of the House shall not be enquired into in any court of law.
-
Parliament may provided for any appeal to the High Court against a recommendation
or statement made to the President by the Commission in pursuance or paragraph
(a) or (b) of subsection (1) of this section.
CHAPTER IV
THE EXECUTIVE
Executive authority of Dominica.
58.-
-
The executive authority of Dominica is vested in the President.
-
Subject to the provisions of this Constitution, the executive authority
of Dominica may exercised by the President either directly or through officers
subordinate to him.
-
Nothing in this section shall prevent parliament form conferring functions
on persons or authorities other than the President.
Ministers of the Government.
59.-
-
There shall be a Prime Minister of Dominica, who shall be appointed by
the President.
-
Whenever the President has occasion to appoint a Prime Minister he shall
appoint an elected member of the House who appears to him likely to command
the support of the majority of the elected members of the House.
-
There shall be, in addition to the office of Prime Minister, such other
office of Minister of the Government as may be established by Parliament
or, subject to the provisions of any law enacted by parliament, by the
President, acting in accordance with the advice of the Prime Minister.
-
Appointments to the office of Ministers, other than the office of Prime
Minister, shall be made by the President, acting in accordance with the
advice of the Prime Minister, form among the members of the House:
Provided that not more than three Ministers shall be appointed from
among Senators who have been appointed as such.
-
If occasion arises for making an appointment to the office of Prime Minister
or any other Minister while Parliament is dissolved, then, notwithstanding
the provisions of subsections (2) and (4) of this section (but subject
to the provision to subsection (4)), a person who was an elected member
of the House immediately before the dissolution may be appointed as Prime
Minister or any other Minister and a person who was a Senator immediately
before the dissolution, having been appointed as such, may be appointed
as any Minister other than Prime Minister.
-
The President shall remove the Prime Minister from office if a resolution
of no confidence in the Government is passed by the House and the Prime
Does not within three days either resign from his office or advise the
President to dissolve Parliament.
-
If, at any time between the holding of a general election of Representatives
and the first meeting of the House thereafter, the President considers
that in consequence of changes in the membership of the house resulting
from that election and of any general election of Senator the Prime Minister
will not be able to command the support of the majority of eh elected members
of the House the President may remove the Prime Minister form office.
-
The office of any Minister shall become vacant-
-
if the holder of the office ceases to be a member of the House otherwise
than by reason of the dissolution of Parliament;
-
in the case of the Prime Minister, if, when the House first meets after
the dissolution of Parliament, he is not then an elected member of the
House; or
-
in the case of any other Minister , if when the House first meets after
the dissolution of parliament, he is not then a member of the House.
-
if, by virtue of section 35(49 of this Constitution, he is required to
cease to perform his functions as a member of the House.
-
The office of a Minister other than the Prime Minister shall become vacant-
-
if the President, acting in accordance with the advice of the Prime Minister,
so directs;
-
if the Prime minister resigns from office within three days after a resolution
of no confidence in the Government has been passed by the House or is removed
from office under subsection (6) of this section; or
-
on the appointment of any person to the office of Prime Minster.
-
In the exercise of the power conferred upon him by subsections (2), (5)
and (7) of this section the President shall act in his own deliberate judgement.
Cabinet of Ministers.
60.-
-
There shall be a Cabinet of Ministers for Dominica which shall consist
of the Prime Minister and the other Ministers.
-
At any time when the office of Attorney-general is a public office, the
Attorney-general shall, by virtue of holding or acting in that office,
be a member of the Cabinet in addition to the Ministers.
-
The functions of the Cabinet shall be to advise the President in the government
of Dominica and the Cabinet shall be collectively responsible to Parliament
for any advise given to the President by or under the general authority
of the Cabinet and for all things Done by or under the authority of any
Minster in the execution of his office.
-
The provisions of subsection (3) of this section shall ot apply in relation
to-
-
the appointment and removal from office of ministers, temporary Ministers
and Parliamentary Secretaries, the assign ent of responsibility to any
Minister under section 61 of this Constitution, or the authorisation of
another minister to perform the functions of the Prime Minster during absence
or illness;
-
the dissolution of Parliament; or
-
the matters referred to in section 73 of this Constitution (which relate
to the prerogative of mercy).
Allocation of portfolios to Ministers.
61.- The President, acting in accordance with the advice of
the Prime Minister, may, by directions n writing, assign to the Prime Minster
or any other Minster responsibility for any business of the Government,
including the administration of any department of government:
Provided that responsibility for finance shall be assigned to a Minister
who is a elected member of the House.
Performance of functions of Ministers during absence or illness.
62.-
-
Whenever the Prime Minister is absent from Dominica or by reason of illness
is unable to perform the functions conferred upon him by this Constitution,
the President may authorise some other Minster to perform those functions
(other than the functions conferred by this section) and the Minister may
perform those functions until his authority is revoked by the President.
-
Whenever a Minster other than the Prime Minster is absent from Dominica
but by leave of the President is not performing the functions of his office
or by reason of illness is unable to perform those function, the President
may authorize some other Minister to perform those functions or may appoint
a member of the House of Assembly to be a temporary Minister in order to
perform those functions ; and that Minister or temporary Minister may perform
those functions until his authority or, as the case may be, his appointment
is revoked by the President:
Provided that the office of a temporary Minister shall become vacant
if any circumstances arise that, if he were a Minister, would cause him
to vacate office as such.
-
The powers of the President under his section shall be exercised by him
in accordance with the advice of the Prime Minister:
Provided the if the President, acting in his own deliberate judgement,
considers that it is impracticable to obtain the advice of the Prime MInister
owing to his absence or illness he may exercise those powers without that
advice and in his own deliberate judgement.
Exercise of President's functions.
63.-
-
In the exercise of his functions the President shall act in accordance
with the advice of the Cabinet or a Minister acting under the general authority
of the Cabinet except in cases where he is required by this Constitution
or any other law to act in accordance with the advice of, or after consultation
with, any person or authority other than the Cabinet:
Provided that the foregoing provisions of this subsection shall not
apply where the President is authorised to act in his own deliberate judgement
in accordance with the following provisions of this Constitution-
-
section 56 (which relates to the Constituency Boundaries Commission and
the Electoral Commission);
-
sections 59 and 62 (which relate to Ministers);
-
section 66 (which relates to the Leader of the Opposition);
-
section 85 (which relates to the appointment, etc., of public officers);
-
section 87 (which relates to the Chief Elections Officer);
-
section 93 (which relates to the Public Service Board of Appeal); and
-
section 108 (which relates to the Parliamentary Commissioner).
-
During any period in which there is a vacancy in the office of Leader of
the Opposition by reason of the fact that no person is both qualified for
appointment to that office in accordance with this Constitution and willing
to accept appointment, or if the President, acting in his own deliberate
judgement, considers that it is not practicable for his to ovtain the advice
of the Leader of the Opposition within the time within which it may be
necessary for him to act,, he may act without that advice and in his own
deliberate judgement in the exercise of any power conferred upon him by
this Constitution in respect of which it is provided that he shall act
on the advice of, or after consultation with, the Leader of the Opposition.
-
Nothing in subsection (1) of this section shall require the President to
act in accordance with the advice of the Cabinet or a Minister in exercise
of the functions conferred upon him by the following provisions of this
Constitution;
-
the provision to section 54(4) (which requires the President to dissolve
Parliament in certain circumstances);
-
section 59(6) (which requires the President to remove the Prime Minister
from office in certain circumstances);
-
section 64 (which entitles the President to information);
-
sections 56(5), 66(4), 84(6), 87(7), 88(8), 89(7), and 108(7) (which require
the President to remove the holders of certain offices from office in certain
circumstances).
President to be informed concerning matters of government.
64.- The Prime MInister shall keep the President fully informed
concerning the general conduct of the government of Dominica and shall
furnish the President with such information as he may request with respect
to any particular matter relating to the government of Dominica.
Oaths to be taken by Ministers; etc.
65.-A Minister or a Parliamentary Secretary shall not enter
upon the duties of his office unless he has taken and subscribed the oat
of allegiance, the oath of office and the oath of secrecy.
Leader of the Opposition.
66.-
-
There shall be a Leader of the Opposition who shall be appointed by the
President.
-
Whenever there is occasion fo the appointment of a Leader of the Opposition
the President shall appoint the elected member of the House who appears
to him most likely to command the support of a majority of the elected
members of the House who Do not support the Government: or, if no elected
member of the House appears to him to command such support, the elected
member of eh House who appears to him to command the support of the largest
single group of members of the House who so not support the Government:
Provided that if a member of the House was elected at a general election
in which he stood as a supported of a political party and the majority
of members of the House elected at that time (whether as Representatives
or Senator) stood as supporters of that party, hs shall, so long as he
remains a member of the House by virtue of that election, not be eligible
for appointment as Leader of the Opposition.
-
If occasion arises to appoint a Leader of ht Opposition during the period
between a dissolution of parliament and the day on which the ensuing election
of Representative is held , and appointment may be made as if Parliament
had not been dissolved.
-
The office of Leader of the Opposition shall become vacant-
-
if he ceases to be a member of the House otherwise than by reason of a
dissolution of Parliament;
-
if, when the House first meets after a dissolution of Parliament, he is
not then a member of the House;
-
if, under the provisions of section 35(4) of this Constitution, he is required
to cease to perform his functions as a member of the House; or
-
if he is removed from office by the President under the provisions of subsection
(4) of this section.
-
If it appears to the President that the Leader of the Opposition is no
longer able to command the support of a majority of the elected member
os the Hose who Do not support the Government or (if no elected member
of the House appears to him to be ale to command such support) the support
of the largest single group of member of the House who Do not support the
Government, he shall remove the Leader of the Opposition from office.
-
The powers of the President under this section shall be exercised by him
in his own deliberate judgement.
Parliamentary Secretaries.
67.-
-
The President, acting in accordance with the advice of the Prime Minister,
may appoint Parliamentary Secretaries from among the member of the House
to assist Ministers in the performance of their duties:
Provided that, if occasion arises for making an appointment while Parliament
is dissolved a person who was a member of the Hose immediately before the
dissolution may be appointed as a Parliamentary Secretary.
-
The office of a Parliamentary Secretary shall become vacant-
-
if the President, acting in accordance with the advice of the Prime Minister,
so directs;
-
if the Prime Minister resigns from office within three days a resolution
of no confidence in the Government has been passed by the House or is removed
from office under section 59(6) of this Constitution;
-
upon the appointment of any person to the office of Prime Minister;
-
if the holder of the office ceases to be a member of the House otherwise
than by reason of a dissolution of Parliament;
-
if, when the House first meets after the dissolution of Parliament, he
is not then a member of the House; or
-
if, by virtue of section 35(4) of this Constitution, he id required to
cease to perform his functions as a member of the House.
Permanent secretaries.
68.- Where any Minister has been charged with responsibility
for any department of government, he shall exercise general direction and
control over that department of government shall be under the supervision
of a public office whose office is referred to in this Constitution as
the office of a permanent secretary;
Provided that two or more government departments may be placed under
the supervision of one permanent secretary.
Secretary to the Cabinet.
69.-
-
There shall be a Secretary to the Cabinet whose office shall be a public
office.
-
The Secretary to the cabinet, who shall have charge of the Cabinet Office,
shall be responsible, in accordance with such instructions as may be given
to him by the Prime Minister, for arranging the business for, and keeping
the minutes or, the Cabinet and for conveying the decisions of the Cabinet
to the appropriate person or authority and shall have such other functions
as the Prime Minister may direct.
Constitution of offices, etc.
70.- Subject to the provisions of this Constitution and of any
other law, the President may constitute offices for Dominica, make appointments
to any such office and terminate any such appointment.
Attorney General.
71.-
-
There shall be an Attorney-general who shall be the principal legal adviser
to the Government:
-
The office or Attorney general, shall b either a public officer of the
office of a MInister.
-
At any time when the office of Attorney-general is a public office the
same person may, if qualified, be appointed to hold or act in the office
of Attorney-general and the office of Director of Public Prosecutions.
-
Where the offices of Attorney-general and Director of Public Prosecutions
are held by the same person the following provisions of this Constitution
shall have effect as if references therein to the Director included references
to the Attorney-General, that is to say, sections 86, 88(5), (6), (7),
(8), (9) and (109, 96(3) and 121(8)(a); but the provisions of this subsection
shall be without prejudice to the powers of Parliament or, subject to the
provisions of any law enacted by Parliament, the President to determine
that the office of Attorney-general shall be the office of a Minister.
Control of public prosecutions.
72.-
-
There shall be a Director of Public Prosecutions whose office shall be
a public office.
-
The Director of Public Prosecutions shall have power in any case in which
he considers it desirable so to Do-
-
to institute and undertake criminal proceedings against any person before
any court of law (other than a court-martial) in respect of any offence
alleged to have been committed by that person;
-
to take over ad continue any such criminal proceedings that have been instituted
or undertaken by any other person or authority; and
-
to discontinue at any stage before judgement is delivered any such criminal
proceedings instituted or undertaken by himself or any other person or
authority.
-
The powers of the Director of Public Prosecutions under subsection (2)
of this section may be exercised by him in person or through other persons
acting under and in accordance with his general or special instructions.
-
The powers conferred on the Director of Public Prosecutions by paragraphs
(b) and (c) of subsection (2) of this section shall be vested in him to
the exclusion or nay other person or authority:
Provided that where any other person or authority has instituted criminal
proceedings, nothing in this subsection shall prevent the withdrawal of
those proceedings, to any other court (including the Judicial Committee)
shall be deemed to be part of those proceedings:
Provided that the power conferred to the Director of Public Prosecutions
by subsection (2)(c) of this section shall not be exercised in relation
to any appeal by a person convicted in any criminal proceedings or to any
case stated or question of law reserved at the instance of such a person.
-
In the exercise of the powers vested in him by subsection (2) of this section,
the Director of Public Prosecutions shall ot be subject to the direction
or control of any other person or authority:
Provided that the powers vested in him by paragraph (c) of that subsection
(2) shall e exercised by him in accordance with such general or special
directions (if any) as the Attorney-general may give him.
Prerogative of mercy.
73.-
-
The president may-
-
grant a pardon, either free or subject to lawful conditions, to any person
convicted of any offence;
-
grant to any person a respite, either indefinite or for a specified period,
of the execution of any punishment imposed on that person for any offence;
-
substitute a less severe from of punishment for nay punishment imposed
on any person for any offence; or
-
remit the whole or any part punishment imposed on any person for any offence
or of any penalty or forfeiture otherwise due to the Government of Dominica
on account of any offence.
-
The powers of the President under subsection (1) of this section shall
be exercised by him in accordance with the advice of such Minister as may
from time to time be designated by the President, acting in accordance
with the advice of the Prime Minister.
Advisory Committee on Prerogative of Mercy.
74.-
-
There shall be an Advisory Committee on the Prerogative of Mercy for Dominica
(hereinafter in this section referred to as the Committee) which shall
consist of-
-
the Minister for the time being designated under section 73(2) of this
Constitution, who shall be chairman;
-
the Attorney-General; and
-
not more than four other members appointed by the President by writing
under his hand.
-
A member of the Committee appointed under subsection (1)(c) of this
section shall hold his seat thereon for such period as may be specified
in the instrument by which he was appointed:
Provided that his seat shall become vacant-
-
in the case of a person who at the date of his appointment was a Minister,
if he ceases to be a Minister; or
-
if the President, by writing under his hand, so directs.
-
The Committee may act notwithstanding any vacancy in its members hip or
the absence of any member and its proceedings shall ot be invalidated by
the presence or participation of any person not entitled to be present
at or to participate in those proceedings.
-
The Committee may regulate its own procedure.
-
In the exercise of this functions under this section, the President shall
act in accordance with the advice of the Prime Minister.
Functions of Advisory Committee.
75.-
-
Where any person has been sentenced to death (otherwise than by a court-martial)
for an offence, the Minster for the time being designated under section
73(2) of this Constitution shall cause a written report of the case from
the trial judge (or the Chief Justice, if a report from the trial judge
cannot be obtained) together with such other information derived from the
record of the case or elsewhere as he may require, to be taken into consideration
at a meeting of the Advisory Committee he shall decide in his own deliberate
judgement whether to advise the President to exercise any of his powers
under section 73(1) of this Constitution.
-
The Minister for the time being designated under section 73(2) of this
Constitution may consult with the Advisory Committee on the under that
but he shall not be obliged to act in accordance with the recommendation
of the Committee.
CHAPTER V
FINANCE
Consolidated Fund.
76.- All revenues or other raised or received by Dominica (not
being revenues or other moneys that are payable, by or under any law for
the time being in force in Dominica, into some other fund established for
a specific purpose) shall be paid into and form a Consolidated Fund.
Withdrawals from Consolidated Fund or other public funds.
77.-
-
No moneys shall withdrawn from the Consolidated Fund except-
-
to meet expenditure that is charged upon the Fund by this Constitution
or by any law enacted by parliament; or
-
where the issue of those moneys has been authorised by an appropriation
law or by a law made in pursuance of section 79 of this Constitution.
-
Where any moneys are charged by this Constitution or any law enacted by
Parliament upon the Consolidated Fund or any other public fund, they shall
be paid out of that fund by the Government to the person or authority to
who payment is due.
-
No moneys shall be withdrawn from any public fund other than the Consolidated
Fund unless the issue of those moneys has been authorised by or under any
law.
-
Parliament may prescribe the manner in which withdrawals may be made from
the Consolidated Fund or any other public fund.
Authorisation of expenditure from Consolidated Fund by appropriation law.
78.-
-
The Minster for the time being responsible for finance shall cause to be
prepared and laid before the House of Assembly before, or not later than
forty-five days after, the commencement of each financial year estimates
of the revenues and expenditure of Dominica for the financial year.
-
When the estimates of expenditure (other than expenditure charged upon
the Consolidated Fund by this Constitution or by any law enacted by Parliament)
have been approved by the House of Assembly, a bill, known as a n appropriation
bill, shall be introduced in the House, providing for the issue from the
Consolidated Fund of the sums necessary to meet that expenditure and the
appropriation of those sums, under separate votes for the several services
required, to the purposes specified therein.
-
If in respect of any financial year it is found-
-
that the amount appropriated by the appropriation law to any purpose is
insufficient or that a need has arisen for expenditure for a purpose to
which no amount has been appropriated by that law; or
-
that any moneys have been expended for any purpose in excess of the amount
appropriated to that purpose by the appropriation law or for a purpose
to which no amount has been appropriated by that law.
a supplementary estimate showing the sums required or spent shall be laid
before the House and, when the supplementary estimate has been approved
by the House, a supplementary appropriation bull shall be introduced in
the House providing for the issue of such sums from the Consolidated Fund
and appropriating them to the purposes specified therein.
Authorisation of expenditure in advance of appropriation.
79.- There shall be such provision as may be made by Parliament
under which, if the appropriation law in respect of any financial year
has not come into operation by the beginning of the financial year, the
Minister for the time beng responsible for finance may authorise the withdrawal
of moneys from the Consolidated Fund for the purpose of meeting expenditure
necessary to carry on the services of the Government of Dominica until
the expiration of four months from the beginning of that financial year
or the coming into operation of the law, whichever is the earlier.
Contingencies Fund.
80.-
-
There shall be such provision as may be made by Parliament for the establishment
of a Contingencies Fund and for authorising the Minister for the time being
responsible for finance, if satisfied that there has arisen an urgent and
unforeseen need for expenditure for which no other provision exist, to
make advances from that Fund to meet that need.
-
Where any advance is made from the Contingencies Fund, a supplementary
estimate shall as soon as possible be laid before the House and when the
supplementary estimate has been approves by the House, a supplementary
appropriation bill shall be introduced as soon as possible in the House
for the purpose of replacing the amount so advanced.
Remuneration of certain officers.
81.-
-
There shall be paid to the holders of the offices to which this section
applies such allowances as amy be prescribed by or under a law enacted
by Parliament.
-
The salaries and allowances prescribed in pursuance of this section in
respect of the holders of the offices ot which this section applies shall
be a charge on the Consolidated Fund.
-
The salary prescribed in pursuance of this section in respect of the holder
of any office to which this section applies and his other terms of service
(other than allowances that are not taken into account in computing, under
any law in ta behalf, any pension payable in respect of his service in
that office) shall not be altered to his disadvantage after his appointment.
-
When a person's salary or other terms of service depend upon hi option,
the salary or terms for which he opts shall, forth purposes of subsection
(3) of this section, be deemed to be more advantageous to him than any
other for which he might have opted.
-
This section applies to the offices of the President, member of the Public
Service Board of Appeal, the Director of Public Prosecutions, the Director
of Audit, the Parliamentary Commissioner, the Deputy Parliamentary Commissioner
and the Chief Elections Officer.
-
Nothing in this section shall be construed as prejudicing the provisions
of section 95 of this Constitution (which protects pensions rights in respect
of service as a public officer).
Public debt.
82.-
-
All debt charges for which Dominica is liable shall be a charge on the
Consolidated Fund.
-
For the purposes of this section debt charges include interest, sinking
fund charges, the repayment or amortization of debt and all expenditure
in connection with the raising of loans on the security of the Consolidated
Fund and the service and redemption of the debt created thereby.
Audit of public accounts, etc.
83.-
-
There shall be a Director of Audit whose office shall be a public office.
-
The DIrector of Audit shall, at least once in every year, audit and report
on the public accounts, of Dominica, the accounts of all officers and authorities
of the Government, the accounts of all courts of law in Dominica (including
any accounts of the Court of Appeal or the HIgh Court maintained in Dominica),
the accounts of every Commission established by this Constitution and the
accounts of the Parliamentary Commissioner and the Clerk of the House.
(3) The Director of Audit and any officer authorised by him shall have
access to all books, records, returns, reports and other Documents which
in his opinion relate to any of the accounts referred to in subsection
(29 of this section.
-
The director of Audit shall submit every report made by him in pursuance
of subsection (2) of this section to the Minister for the time being responsible
for finance who shall, not later than seven days after the House of Assembly
first meets after he has received the report, law, it before the House.
-
If the Minister fails to lay a report before the House of Assembly in accordance
with the provisions of subsection (4) of this section the Director of Audit
shall transmit copies of that report to the Speaker of the House who shall,
as soon as practicable, present them to the House.
-
The DIrector of Audit shall exercise such other functions in relation to
the accounts of the Government or the accounts of other authorities or
bodies established by law for public purpose as may be prescribed by or
under any law enacted by parliament.
-
In the exercise of this functions under subsection (2), (3), (4) and (5)
of this section, the Director of Audit shall not be subject to the direction
or control of any other person or authority.
CHAPTER VI
THE PUBLIC SERVICE
Part 1
The Public Service Commission
Public Service Commission.
84.-
-
There shall be a Public Service Commission for Dominica (hereinafter in
this section referred to as the Commission) which shall consist of-
-
a chairman and deputy chairman appointed by the President, acting in accordance
with the advice of the Prime Minister;
-
two members appointed by the President, acting in accordance with the advice
of the Prime Minister , form amongst persons selected by the appropriate
representative body; and
-
not more than three other members appointed by the President, acting in
accordance with the advice of the Prime Minister;
provided that the Prime Minister shall consult the Leader of the Opposition
before tendering any advice to the President for the purposes of paragraph
(8b) or (c) of this subsection.
-
A person shall to be qualified to be appointed as a member of the Commission
if-
-
he is, or has at any time during the five years immediately preceding his
appointment been, a member of the House;
-
he is, or has at any time during the year preceding his appointment been
a judge or the Supreme Court or a public officer.
-
A member of the Commission shall not, within the period of three years
commencing with the day on which he last held or acted in the office of
member of the Commission, be eligible for appointment to or to act in any
public office.
-
Subject to the provisions of this section, the office of a member of the
Commission shall become vacant-
-
at the expiration of three years from the date of his appointment; or
-
if any circumstances arise that, if he were not a member of the Commission,
would cause him to be disqualified to be appointed as such under subsection
(2) of this section.
-
A member of the Commission may be removed from office only for inability
to exercise the function of this office (whether arising from infirmity
of body or mind or any other cause) or for misbehaviour and shall not be
so removed except in accordance with the provisions of this section.
-
A member o the Commission shall be removed from office by the President
if the question of his removal from office has been referred to a tribunal
appointed under subsection (7) of this section and the tribunal has recommended
to the President that he ought to be removed from office for inability
as aforesaid or for misbehaviour.
-
If the Prime Minister represents to the President that the question of
removing a member of the Commission under this section ought to be investigated,
then-
-
the President shall appoint a tribunal which shall consist of a chairman
and not less than two other members, selected by the Chief Justice from
among persons who hold or have held office as a judge of a court having
unlimited jurisdiction in civil and criminal matters in some part of the
Commonwealth or a court having jurisdiction in appeals from such a court,
and
-
the tribunal shall enquire into the matter and report on the facts thereof
to the President and recommend to him whether the member ought to be removed
under this section.
-
If the question of removing a member of the Commission has been referred
to a tribunal under this section, the President, acting in accordance with
the advice of the prime Minster, may suspend that member form the exercise
of he functions of his office and any such suspension may at any time be
revoked by the President, acting in accordance with such advice as aforesaid,
and shall in any case cease to have effect if the tribunal recommends to
the President that member should not be removed.
-
If the office of chairman of he Commission is vacant or if the holder of
that office is for any reason unable to exercise the functions of this
office, then, until a person has bee appointed to and has assumed the functions
of that office or until the person holding that office has resumed those
functions, as the case may be, they shall be exercised by the deputy chairman
or, if the office of deputy chairman is vacant or the holder of that office
is for any reason unable to exercise the functions of this office, by such
other member of the Commission as may for the time being be designated
by the President, acting in accordance with the advice of the Prime Minister.
-
If at any time there are less than two members of the Commission besides
the chairman or if any such member is acting as chairman or is for any
reason unable to exercise the functions of this office, the President,
actin in accordance with the advice of the Prime Minister may appoint a
person who is qualified to be appointed as a member of the Commission to
act a s a member , and any person so appointed shall, subject to he provisions
of subsection (4) of this section, continue to act until the office in
which he is actin has been filled or, as the case may be, until the holder
thereof has resumed his function or until his appointment to act has been
revoked by the President, acting in accordance worth the advice of the
Prime Minister.
-
A member of the Commission shall not enter upon the duties of his office
until e has taken and subscribed the oath of allegiance and the oat of
office.
-
The Commission shall, in the exercise of its functions under this Constitution,
not be subject to the direction or control of any other person or authority.
-
The Commission may be regulation or otherwise regulate its own procedure
and, with the consent of the Prime Minister, may confer powers or impose
duties on any public officer or on any authority of the Government of Dominica
for the purpose of the exercise of its functions.
-
The Commission may, subject to its rules of procedure, act notwithstanding
any vacancy in this membership or the absence of any member and its proceedings
shall not be invalidated by the presence or participation of any person
not entitled to be present at or to participate in those proceedings:
Provided that any decision of the Commission shall require the concurrence
of a majority of all its members.
-
In this section "the appropriate representative body" means such body as
is designated by the President, acting in accordance with the advice of
the Prime Minster, as the principal body in Dominica representing he interests
of public officers (other than police officers).
Appointment, etc., of public officers.
85.-
-
The power to appoint persons to hold or act in offices in the public service
(including the power to confirm appointments), and, subject to the provisions
of section 93 of this Constitution, the power to exercise disciplinary
control over persons holding or acting in such officers and the power to
remove such persons form office shall vest in the Public Service Commission.
-
The Public Service Commission may, by directions in writing and subject
to such conditions as it thinks fit, delegate any of its powers under subsection
(1) of this section to any one or more members of the Commission or , with
the consent of he Prime Minister, to any public officer.
-
The provisions of this section shall not apply in relation to the following
offices, that is to say-
-
any office to which section 86 of this Constitution applies;
-
the office of Chief Elections Officer;
-
the office of Director of Public Prosecutions;
-
the office of DIrector of Audit;
-
any office to which section 90 of this Constitution applies; or
-
any office in the Police Force.
-
No person shall be appointed under this section to of to act in any office
on the President's personal staff except with the concurrence of the President,
acting in his own deliberate judgement.
-
Before any of the powers conferred by this section are exercised by the
Public Service Commission or any other person or authority in relation
to the Clerk of the House or a member of his staff, the Commissioner or
any other person or authority shall consult with the Speaker.
-
Before any of the powers conferred by this section are exercised by the
Public service Commission or any other person or authority in relation
to member of the staff of the Parliamentary Commissioner of the Chief Elections
Officer, the Commission or that person or authority shall consult the Commissioner
or, as the case may be, the Officer.
-
A public officer shall not be removed from office or subject to any other
punishment under this section on the grounds of any act done or committed
by him in the exercise of a judicial functions conferred on him unless
the Judicial and Legal Services Commission concurs therein.
Part 2
Appointments, etc., to particular offices
Appointment, etc., of permanent secretaries and certain other officers.
86.-
-
This section applies to the offices of Secretary to the Cabinet, permanent
secretary, head a department of government, deputy head of a department
of government, clerk of he House, any office for the time being designated
by the Public Service Commission as an office of a chief
professional adviser to a department of government and any office for
the time being designated by the Commission, after consultation with the
Prime Minister, as an office the holders of which are required to reside
outside Dominica for the proper discharge of their functions or as an office
in Dominica whose functions relate to eternal affairs.
-
The power to appoint persons to hold or to act in offices to which this
section applies (including the power to confirm appointments), a d subject
to the provisions of section 93 of this Constitution, the power to exercise
disciplinary control over persons holding or acting in such officers and
the power to remove such persons from office shall vest in the President,
acting in accordance with the advice of the Public Service Commission:
Provided that-
-
the power to appoint a person to hold or act in an office of permanent
secretary on transfer from another such office carrying the same salary
shall vest in the President, acting in accordance with the advice of the
Prime Minister;
-
before the Pubic Service Commission tenders advice to the President with
respect to the appointment of any person to hold an office to which this
section applies (other than an appointment to an office of permanent secretary
on transfer from another such office carrying the same salary) it shall
consult with the Prime Minister and if the Prime Minister signifies his
objection to the appointment of any person to the office, the Commission
shall not advise the President to appoint that person.
-
References in this section to a department of government shall not include
the department of the Attorney-general, the department of the Director
of Public Prosecutions, the department of the Director of Audit, the department
of the Parliamentary Commissioner, the department of he Chief Elections
Officer or the Police Force.
Chief Elections Officer
87.-
-
The Chief Elections Officer (hereinafter in this section referred to as
the Officer) shall be appointed by the President, acting after consultation
with the Electoral Commission.
-
If the office of the Officer is vacant or if the holder of that office
is for any reason unable to exercise the functions of his office, the President,
acting after consultation with the Electoral Commission, may appoint a
person to act as in that office.
-
A person shall not be qualified to be appointed to hold the office of the
Officer unless he holds such qualifications (if any) as may be prescribed
by Parliament.
-
A person appointed to at in the office of the Officer shall, subject to
the provision of subsections (5), (7), and 98) of this section, cease so
to act-
-
when a person is appointed to hold that office and has assumed the functions
thereof or , as the case may be, when the person in whose place he is acting
resumes the functions of that office; or
-
at such earlier time as amy be prescribed by the terms of his appointment.
-
Subject to the provisions of subsection (6) of this section, the Officer
shall vacate his office when he attains the prescribed age.
-
A person holding the office of the Officer may be removed from office only
for inability to exercise the functions of this office (whether arising
form infirmity of body or mind or any other cause) or for misbehaviour
and shall not be so removed except in accordance with the provisions of
this section.
-
The officer shall be removed from office by the President if the question
of his removal from office has been referred to a tribunal appointed under
subsection (8) of this section and the tribunal has recommended to the
President that he ought to be removed for inability as aforesaid or for
misbehaviour.
-
If the President, acting in his own deliberate judgement, considers that
the question of removing the Officer under this section ought to be investigated,
then-
-
the President shall appoint a tribunal which shall consist of a chairman
and not less than two other members, selected by the Chief Justice from
among persons who hold or have held office as a judge of a court having
unlimited jurisdiction in civil and criminal matters in some part of the
Commonwealth or a court having jurisdiction in appeals from such a court;
and
-
the tribunal shall enquire into the matter and report on the facts thereof
to the President and recommend to him whether the Officer ought to be removed
under this section.
-
If the question of removing the Officer has been referred to a tribunal
under this section, the President, acting in his own deliberate judgement
,may suspend the Officer from the exercise of the functions of his office
and any such suspension may at any time be revoked by the President, acting
as aforesaid, and shall in any case cease to have effect if the tribunal
recommends to the President that the Officer should not be removed.
-
The President age for the purposes of subsection (59 of this section is
the age of fifty-five years or such other age as amy be prescribed by Parliament;
Provided that any law enacted by Parliament, to the extent to which
it alters the prescribed age after a person has been appointed to be or
to act as Officer, shall not have effect in relation to that person unless
he consents that it should have effect.
Director of Public Prosecutions.
88.-
-
The Director of Public Prosecutions shall be appointed by the President,
acting in accordance with the advice of the Public Service Commission.
-
If the office of Director of Public Prosecutions is vacant or if
the holder of that office is for any reason unable to exercise the functions
of his office, the President, acting in accordance with the advice of the
Public Service Commission, may appoint a person to act as Director.
-
Before tendering advice for the purposed of subsection (1) or (2) of this
section the Public Service Commission shall consult the Prime Minister.
-
A person shall not be qualified to be appointed to hold the office of Director
of Public Prosecutions unless he hold one of the specified qualifications
and has held one or other of those qualifications for a total period of
not less than seven years.
-
A person appointed to act in the office of Director of Public prosecutions
shall, subject to the provisions of subsections (6), (8), (9) and (10)
of this section, cease so to act-
-
when a person is appointed to hold that office and has assumed the functions
thereof or, as the case may be, when the person in whose place he is acting
resumes the functions of that office; or
-
at such earlier time as may be prescribed by the terms of his appointment.
-
Subject to the provision of subsection (7) of this section, the Director
of Public Prosecutions shall vacate his office when he attains the prescribed
age.
-
A person holding the office of Director of Public Prosecutions may be removed
from office only for inability to exercise the functions of his office
(whether arising from infirmity of body or mind or any other cause) or
for misbehaviour and shall not be so removed except in accordance with
the provisions of this section.
-
The Director of Public Prosecutions shall be removed from office by the
President if the question of his removal from office has been referred
to a tribunal appointed under subsection (99 of this section and the tribunal
has recommended to the President that he ought to be removed for inability
as aforesaid or for misbehaviour.
-
if the Prime Minister of the chairman of the Public Service Commission
represents to the President that the question of removing the Director
of Public Prosecutions under this section ought to be investigated then-
-
the President shall appoint a tribunal which shall consist of a chairman
and not less than two other members, selected by the Chief Justice from
among persons who hold or have held office as a judge of a court having
unlimited jurisdiction in civil and criminal matters in some part of the
Commonwealth or a court having jurisdiction in appeals from such a court;
and
-
the tribunal shall enquire into the matter and report on the facts thereof
to the President and recommend to him whether the Director ought to be
removed under this section.
-
If the question of removing the Director of Public Prosecutions has been
referred to a tribunal under this section, the President, acting in accordance
with the advice of the Public Service Commission, may and any such suspension
may at any time be revoked by the President, acting in accordance with
such advice as aforesaid and shall in any case cease to have effect if
the tribunal recommends to the President that the Director should not be
removed.
-
The Prescribed age for the purposes of subsection (6) of this section is
the age of fifty-five years or such other age as may be prescribed by Parliament:
Provided that any law enacted by Parliament, to the extent to which
it alters the prescribed age after a person has been appointed to be or
to act as Director of Public Prosecutions, shall not have effect in relation
to that person unless he consents that it should have effect.
DIrector of Audit.
89.-
-
The Director of Audit shall be appointed by the President ,acting in accordance
with the advice of the Public Service Commission.
-
If the office of Director of Audit is vacant or if the holder of that office
is for any reason unable to exercise the function of his office, the President,
acting in accordance with the advice of the Public Service Commission,
My appoint a person to act as Director.
-
Before tendering advice for the purposes of subsection (1) or subsection
(2) of this section, the Public Service Commission shall consult the Prime
Minister.
-
A person appointed to act in the office of Director of Audit shall, subject
to the provisions of subsections (5), (7), (8) and (9) of this section
cease so to act-
-
when a person is appointed to hold that office and has assumed the functions
thereof or, as the case may be, when the person in whose place he is acting
resumes the functions of that office; or
-
at such earlier time as amy be prescribed by the terms of his appointment.
-
Subject to the provisions of subsection (7) of this section the Director
of Audit shall vacate his office when he attains the prescribed age.
-
A person holding the office of Director of Audit may be removed from office
only for inability to exercise the functions of his office (whether arising
from infirmity of body or mind or any other cause) or for misbehaviour
and shall not be so removed except in accordance with the provisions of
this section.
-
The Director of Audit shall be removed from office by the President if
the question of his removal fro office has been referred to a tribunal
appointed under subsection (8) of this section and the tribunal has recommended
to the President that he ought to be removed for inability as aforesaid
or for misbehaviour.
-
If the Prime Minster of he chairman of the Public Service Commission represents
to the President that the question of removing the Director of Audit under
this section ought to be investigated-
-
the President shall appoint a tribunal which shall consist of a chairman
and nor less than two other members selected by the CHief Justice from
among persons who hold or have held office as a judge of a court having
unlimited jurisdiction in civil and criminal matters in some part of the
Commonwealth or a court having jurisdiction in appeal from such a court;
and
-
the tribunal shall enquire into the matter and report on the facts thereof
to the President and recommend to him whether the Director ought to be
removed under this section.
-
If the question of removing the Director of Audit has been referred to
a tribunal under this section the President, acting in accordance with
the advice of the Public Service Commission, may suspended the Director
or Audit form the exercise of the functions of his office and any such
suspension may at any time be revoked by the President, acting in accordance
with such advice as aforesaid, and shall in any case cease to have effect
if the tribunal recommends to the President that the Director should not
be removed.
-
The Prescribed age for the purposed of subsection (5) of this sections
the age of fifty-five or such other age as amy be prescribed by Parliament:
Provided that any law enacted by parliament to the extent to which it
alters the prescribed age after a person has been appointed to be or to
act as Director of Audit, shall to have effect in relation to that person
unless he consents that it should have effect.
Appointment, etc., of magistrates, registrars and legal officers.
90.-
-
This section applies to the offices of magistrate, registrar of the High
Court and assistant registrar of the High Court and to any public office
in the department of he Attorney-General (including the public office of
Attorney-General) or in the department of he Parliamentary Commissioner,
the department of the department of he Director of Public Prosecutions
(other than the office of DIrector) for appointment to which persons are
required to hold one or other of the specified qualifications.
-
The power to appoint persons to hold or act in offices to which this section
applies (including the power to confirm appointments) shall vest in the
Public Service Commission:
Provided that before exercising the powers conferred by this section
in any case the Public Service Commission shall consult the Judicial and
Legal Services Commission.
-
Subject to the provisions of section 71(4) of this Constitution, the power
to exercise disciplinary control over persons holding or acting in officers
to which this section applies and the power to remove such persons from
office shall vest in the Judicial and Legal Services Commission.
Provided that before exercising the powers conferred by this subsection
in any case the Judicial and Legal Services Commission shall consult the
Public Service Commission.
Part 3
The Police
Police Service Commission.
91.-
-
There shall be a Police Service Commission for Dominica which shall consist
of-
-
a chairman and a deputy chairman appointed by the President, acting in
accordance with he advice of the Prime Minister;
-
two members appointed by the President, acting in accordance with the advice
of the Prime Minister, from amongst persons selected by the appropriate
representative body; and
-
not more than three other members appointed by the President, acting in
accordance with the advice of the Prime Minister;
provided that the Prime Minister shall consult the Leader of the Opposition
before tendering any advice to the President for the purposes of paragraph
(b) or (c) of this subsection.
-
The provisions of section 84 of this Constitution (other than subsections
(1) and (15)) shall apply in relation to the Police Service Commission
as they apply in relation to the Public Service Commission.
-
In this section "the appropriate representative body" means such body as
is designated by the President, acting in accordance with the advice of
the Prime Minister, as the principal body in Dominica representing the
interests of police officers.
Appointment, etc., of police officers.
92.-
-
The power to appoint a person to hold or act in the office of Chief of
Police or Deputy Chief of Police and, subject to the provisions of section
93 of this Constitution, the power to remove the Chief of Police or Deputy
Chief of Police from office shall vest in the President, acting in accordance
with the advice of the Prime Minister, given after consultation with the
Leader of the Opposition and the Police Service Commission.
-
The power to appoint persons to hold or act in offices in the Police Force
below the rank of Deputy Chief of Police (including the power to Confirm
appointments), and, subject to the provisions of section 93 of this Constitution,
the power to exercise disciplinary control over persons holding or acting
in such offices and the power to remove such persons from office shall
vest in the Police Service Commission.
-
The Police Service Commissions may, by directions in writing and subject
to such conditions as it thinks fit, delegate any of its powers under subsection
(2) of this section in respect of officers below the rank of sergeant or
of persons holding or acting in those offices to any one or more members
of the Commission or, with the consent of the Prime Minister, to the Chief
of Police or any other officer of the Police Force.
-
A police officer shall not be removed from office or subjected to any other
punishment under this section on the grounds of any act Done or omitted
by him in the exercise of any judicial function conferred on him unless
the Judicial and Legal Services Commission concurs therein.
Part 4
The Public Service Board of Appeal
Public Service Board of Appeal.
93.-
-
There shall be a Public Service Board of Appeal for Dominica (hereinafter
in this section and in section 94 of this Constitution referred to as the
Board) which shall consist of-
-
one member appointed by the President, acting in his own deliberate judgement,
who shall be chairman;
-
one member appointed by the President, acting in accordance with the advice
of the Prime Minister; and
-
one member appointed by the President, acting in accordance with the advice
of the appropriate representative body.
-
A person shall not be qualified for appointment as a member of the Board
if he is a member of the House and a person shall not be qualified for
appointment under paragraph (c) of subsection (1) of this section unless
he is or has been a public officer.
-
Subject to the provisions of this section, the office of a member of the
Board shall become vacant-
-
at the expiration of three years from the date of his appointment; or
-
if any circumstances arise that, if he were not a member of the Board,
would cause him to be disqualified to be appointed as such under subsection
(2) of this section.
-
A member of the Board may be removed from office only for inability to
exercise the functions of his office (whether arising from infirmity or
body or mind or any other cause) or for misbehaviour and shall not be so
removed except in accordance with the provisions of this section.
-
A ember of the Board shall be removed from office by the President if the
question of his removal from office has been referred to a tribunal appointed
under subsection (6) of this section and the tribunal has recommended to
the President that he ought to be removed from office for inability as
aforesaid or for misbehaviour.
-
If the President considers that the question of removing a ember of the
Board under this section ought to be investigated, then-
-
the President shall appoint a tribunal which shall consist of a chairman
and not less than two other members, selected by the Chief Justice from
among persons who hold or have held office as a judge of a court having
unlimited jurisdiction in civil and criminal matters in some part of the
Commonwealth or of a court having jurisdiction in appeals from such a court;
and
-
the tribunal shall enquire into the matter and report on the facts thereof
to the President and recommend to him whether that member ought to be removed
under this section.
-
If the question of removing a member of the Board has been referred to
a tribunal under this section, the President may suspend that member from
the exercise of 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 recommends to the President that member should
not be removed.
-
if at any time any member of he Board is for any reason unable to exercise
the functions of his office, the President may appoint a person who is
qualified to be appointed as a member of the Board to act as a member and
any person so appointed shall, subject to the provision of subsection (4)
of this section, continue to act until the holder thereof has resumed his
functions or until his appointment to act has been revoked by the President.
-
In the exercise of he Powers conferred upon him by subsections (6), (7)
and (8) of this section the President shall, in the case of a member of
he Board appointed under paragraph (b) of subsection (1) of this section,
act in accordance with the advice of the Prime Minister and shall in any
other case act in his own deliberate judgement.
-
The Board shall, in the exercise of its functions under this Constitution,
no be subject to the direction or control of nay other person or authority.
-
In this section " the appropriate representative body" means the body designated
under section 84
-
of this Constitution.
Appeals in discipline cases.
94.-
-
This section applies to -
-
any decision of the President, acting in accordance with the advice of
the Public Service Commissioner the advice of the Police Service Commission,
or any decision of the Public Service Commission or of the Police Service
Commission, to remove a public officer form office or to exercise disciplinary
control over a public officer (including a decision made on appeal from
or confirming a decision of any person to whom powers are delegated under
section 85(2) or 92(3) of this Constitution);
-
Any decision of nay person to whom powers are delegated under section 85(2)
or 92(3) of this Constitution to remove a public officer from office or
to exercise disciplinary control over a public officer (not being a decision
which is subject to appeal to or confirmation by the Public Service Commission
or the Police Service Commission);
-
such decisions with respect to the discipline of any military, naval or
air force of Dominica as amy be prescribe by Parliament.
-
Subject to the provision of this section, an appeal shall lie to the Board
from any decision to which this section applies at the instance of the
Public officer or member of he naval, military or air force in respect
of whom the decision is made.
-
Upon an appeal under this section the Board may affirm or set aside the
decision appealed against or may make any other decision appealed against
or may make any other decision which the authority or person from whom
the appeal lies could have made.
-
Every decision of the Board shall require the concurrence of a majority
of all its members.
-
Subject to the provisions of subsection (4) of this section, the Board
may be regulation make provisions for
-
the procedure of the Board;
-
the procedure in appeals under this section; or
-
excepting from the provisions of subsection (2) of this section decisions
in respect of public officers holding offices whose emoluments Do not exceed
such sums as amy be prescribed by the regulations or such decisions to
exercise disciplinary control, other than decisions to remove from office,
as may be so prescribed.
-
Regulations made under this section may, with the consent of the Prime
Minister, confer powers or impose duties on any public officer or any authority
of the Government of Dominica for the purpose of the exercise of the functions
of he Board.
-
The Board may, subject to the provisions of this section and to its rules
of procedure, act notwithstanding any vacancy in its membership or the
absence of any member.
Part 5
Pensions
Pensions laws and protection of pensions rights.
95.-
-
The law to be applied with respect to any pensions benefits that were granted
to any person before the commencement of this Constitution shall be the
law that was in force at the date on which those benefits were granted
or any law in force at a later date that is not less favourable to that
person.
-
The Law to be applied with respect to any pensions benefits (not being
benefits to which subsection (1) of this section applies) shall-
-
in so far as those benefits are wholly in respect of a period of service
as a judge or officer of the Supreme Court or a public officer that commenced
before the commencement of this Constitution, be the law that was in force
at such commencement; and
-
in so far as those benefits are wholly or partly in respect of a period
of service as a judge or officer of the Supreme Court or a public officer
that commenced after the commencement of this Constitution, be the law
in force on the date on which that period of service commenced,
or any law in force at a later date that is not less favourable to tat
person.
-
Where a person is entitled to exercise an option as to which of two or
more laws shall apply in his case, the law for which he opts shall, for
the purposes of this section, be deemed to be more favourable to him than
the other law or laws.
-
All pensions benefits shall (except to the extent to the extent that they
are by law charge upon and duly paid out of some other fund) be a charge
on the Consolidated Fund.
-
In this section "pensions benefits" means any pensions, compensation, gratuities
or other like allowances for persons in respect of their service as judges
or officers of the Supreme Court or public officers or for the widows,
children, dependants or personal representatives of such persons in respect
of such service.
-
References in this section to the law with respect to pensions benefits
include (without prejudice to their generality) references to the law regulating
the circumstances in which such benefits may be granted or in which the
grant of such benefits may be refused, the law regulating the circumstances
in which any such benefits may be refused, the law regulating the circumstances
in which any such benefits that have been granted may be withheld, reduced
in amount or suspended and the law regulating the amount of any such benefits.
Power to withhold pensions, etc.,
96.-
-
Where under any law any person or authority has a discretion-
-
to decide whether or not any pensions benefits shall be granted; or
-
to withhold, reduce in amount or suspend any such benefits that have been
granted,
those benefits shall be granted and amy not be withheld, reduce in amount
or suspended unless the Public Service Commission concurs in the refusal
to grant the benefits or, as the case may be, in the decision to withhold
them, reduce them in amount or suspend them.
-
Where the amount of any pension benefits that may be granted to any person
is not fixed by law, the amount of the benefits to be granted to him shall
be the greatest amount for which he is eligible unless the Public Service
Commission concurs in this being granted benefits of a smaller amount.
-
The Public Service Commission shall not concurs under subsection (1) or
subsection (2) of this section in any action taken on the ground that any
person who holds or has held the office of judge of he Supreme Court, Director
of Public Prosecutions, Director of Audit or Chief Elections Officer has
been guilty of misbehaviour in the office unless he has been remove from
that office by reason of such misbehaviour.
-
Before the Public Service Commission concurs under subsection (1) or subsection
(2) of this section in any action taken on the ground that any persons
who holds or has held any office to which, at the time of such action,
section 90 of this Constitution applies has been guilty of misbehaviour
in that office, the Public Service Commission shall consult the Judicial
and Legal Services Commission.
-
In this section "pensions benefits" means any pensions, compensation, gratuities
or other like allowances for persons in respect of their service as judge
or officers of the Supreme Court or public officers or for the wiDows,
children, dependants or personal representatives of such persons in respect
of such service.
CHAPTER VII
CITIZENSHIP
Persons who become citizens on 3rd November 1978.
97.-
-
Every persons who, having been born in Dominica, is immediately before
the commencement of this Constitution a citizen of the United KingDom and
Colonies shall become a citizen of Dominica at such commencement.
-
Every person who, immediately before the commencement of this Constitution,
is a citizen of the United KingDom and Colonies-
-
having become such a citizen under the British Nationality Act 1948(a)
by virtue of his having been naturalised in Dominica as a British subject
before that Act came into force; or
-
having become such a citizen by virtue of his having been naturalised or
registered in Dominica under the British Nationality Acts 1948 to 1965.
shall become a citizen of Dominica at such commencement.
-
Every person who, having been born outside Dominica, is immediately before
the commencement of this Constitution a citizen of eh United KingDom and
Colonies shall, if his father or mother becomes, or would but for his death
have become, a citizen of Dominica by virtue of subsection (1) or subsection
(2) of this section, become a citizen of Dominica at such commencement.
Persons born in Dominica on or after 3rd November 1978.
98.- Every person born in Dominica after the commencement of
this Constitution shall become a citizen of Dominica at the date of his
birth:
Provided that a person shall not become a citizen of Dominica by virtue
of this section if at the time of his birth-
-
neither of his parents is a citizen of Dominica and his father possesses
such immunity from suit and legal process as is accorded to the envoy of
a foreign sovereign power accredited to Dominica; or
-
his father is a citizen of a country with which Dominica is at war and
the birth occurs in a place then under occupation by that country.
Persons born outside Dominica on or after 3rd November 1978.
99.- A person born outside Dominica after the commencement of
this Constitution shall become a citizen of Dominica at the date of his
birth if, at that date, his father or mother is a citizen of Dominica otherwise
than by virtue of this section or section 97(3) of this Constitution.
Registration.
100.-
-
The following persons shall be entitled, upon making application and, in
the case o fa British protected persons or an alien who has attained the
age of eighteen years, taking the oath of allegiance, t be registered as
citizens of Dominica-
-
any person who is married to a citizen of Dominica or who has been married
to a person who, at any time during the period during which they were married
to each other was, a citizen of Dominica;
-
any person who, being a Commonwealth citizen, is and for the previous seven
years has been ordinarily resident in Dominica;
-
any person who, having been a citizen of Dominica, has renounced his citizenship
in order to qualify for the acquisition r retention of eh citizen of another
country;
-
any person who is married to any such person as is mentioned in paragraphs
(b) or (c) of this subsection or who was married to were married to each
other, was entitled to be registered as a citizen of Dominica under wither
of those paragraphs;
-
any person under the age of eighteen years who is the child, stepchild
or child adopted in a manner recognised by law of a citizen of Dominica
or is the child, stepchild or child so adopted of a person who is or would
but for his death have been entitled to be registered as a citizen of Dominica
under this subsection; or
-
any person who, before the commencement of this Constitution, has been
married to a person-
-
who becomes a citizen of Dominica by virtue of section 97 of this Constitution;
or
-
who, having died before such commencement, would but for his death have
become a citizen of Dominica by virtue of that section, but whose marriage
has been terminated by death or dissolution before such commencement.
-
An application under his section shall be made in such manner as may be
prescribed, as respects that application, by or under a law enacted by
Parliament and in the case of a person to whom subsection (1)(e) of this
section applies, it shall be made on his behalf by his parent or guardian
before he attains the age of eighteen years or such later age as may be
so prescribed.
Acquisition, deprivation and renunciation.
101.- There shall be such provisions as may be made by parliament
for-
-
the acquisition of citizenship of Dominica by person who are not eligible
or who are no longer eligible to become citizens of Dominica under the
provisions of this Chapter;
-
depriving of his citizenship of Dominica any person who is a citizen of
Dominica otherwise than by virtue of section 97, 98 or 99 of this Constitution;
-
the renunciation by any person of his citizenship of Dominica.
Interpretation
102.-
-
In this Chapter-
"alien" means a person who is not a Commonwealth citizen, a British
protected person or a citizen of the Republic of Ireland;
"British protected person" means a person who is a british protected
person for the purpose of he British nationality Act 1948 or any Act of
the Parliament of the United KingDom altering that Act.
-
For the purposes of this Chapter, a person born aboard a registered ship
or aircraft, or aboard an unregistered ship or aircraft of the Government
of any country, shall be deemed to have been born in the palace in which
the ship or aircraft was registered or, as the case may be, in that country.
-
Any reference in this Chapter to the national status of the father of a
person at the time of that person's birth shall in relation to a person
born after the death of his father, be construed as a reference to the
national status of the father at the time of the father's death; and where
that death occurred before the commencement of this Constitution and the
birth occurred after such commencement the national status that the father
would have had if he had died immediately after such commencement shall
be deemed to be his natioanl status at the time of his death.
CHAPTER VIII
JUDICIAL PROVISIONS
Original Jurisdiction of High Court in Constitutional questions.
103.-
-
Subject to the provisions of section 22(5), 38 (6), 42(8), 57(7), 115(8),
118(3) and 121(10) of this Constitution , any persons who alleges that
any provision of this Constitution (other than a provision of Chapter I
thereof) has been or is being contravened may, if he has a relevant interest,
apply to ht High Court for a declaration and for relief under this section.
-
The High Court shall have jurisdiction on an application made under this
section to determine whether any provision of this Constitution (other
than a provision of Chapter I thereof) has been or is being contravened
and to make a declaration accordingly.
-
Where the High Court makes a declaration under this section that a provision
of this Constitution has been or is being contravened and the persons on
whose application the declaration is made has also applied for relief,
the High Court may grant to that person such remedy as it considers appropriate,
being a remedy available generally under the law of Dominica in proceedings
in the High Court.
-
The Chief Justice may make rules with respect to the practice ad procedure
of the High Court in relation to the jurisdiction and powers conferred
on the Court by or under this section, including provisions with respect
to the time within which any application under this section may be made.
-
A person shall be regarded as having a relevant interest for the purpose
of an application under this section only if the contravention of this
Constitution alleged by him is such as to affect his interests.
-
The right conferred on a person by this section to apply for a declaration
and relief in respect of an alleged contravention of this Constitution
alleged contravention of this Constitution shall be in addition to any
other action in respect of the same matter that may be available to that
person under any other enactment or any rule of law.
-
Nothing in this section shall confer jurisdiction on the High Court to
hear or determine any such question as is referred to in section 40 of
this Constitution.
Reference of constitutional questions to High Court.
104.-
-
Where any question as to the interpretation of this Constitution arises
in any court of law established for Dominica (other than the Court of Appeal,
the High Court or a court martial) and the court is of opinion that the
question involves a substantial question involves a substantial question
of law the court shall refer the question to the High Court.
-
Where any question is referred to the High Court In pursuance of this section,
the High Court shall give its decision upon the question and the court
in which the question arose shall dispose of the case in accordance with
that decision or, if he decision s the subject of an appeal to the Court
of Appeal of the Judicial Committee, in accordance with the decision of
eh Court of Appeal or, as the case may be, the Judicial Committee.
Appeals to Court of Appeal.
105.-
-
Subject to the provisions of section 40(7) of this Constitution, an appeal
shall lie from decisions of the High Court to the Court of Appeal as of
right in the following cases-
-
final decisions in any civil or criminal proceedings on questions as to
the interpretation of this Constitution;
-
final decisions given in exercise of the jurisdiction conferred on the
High Court by section 16 of this Constitution (which relates to the enforcement
of the fundamental rights and freedoms).
-
An appeal shall lie from final decisions of the Public Service Board of
Appeal to the Court of Appeal.
-
The Chief Justice may make rules with respect to the practice and procedure
of the Court of Appeal in relation to appeals from the Public Service Board
of Appeal to the Court of Appeal.
Appeals to the Judicial Committee.
106.-
-
An appeal shall lie from decision of the Court of Appeal to the Judicial
Committees as of right in the following cases-
-
final decisions in any civil proceedings where the matter in dispute on
the appeal to the Judicial Committee is of the prescribed value or upwards
or where the appeal involves directly or indirectly a claim to or question
respecting property or a right of the prescribed value or upwards;
-
final decisions in proceedings for dissolution or nullity of marriage;
-
final decision in any civil or criminal proceedings which involve a question
as to the interpretation of this Constitution; and
-
such other cases as may be prescribed by Parliament.
-
An appeal shall lie from decisions of the Court of Appeal to the Judicial
Committee with the leave of the Court of Appeal in the following cases-
-
decisions in any civil proceedings where in the opinion of the Court of
Appeal the question involved in the appeal is one that, by reason of its
great general or public importance or otherwise, ought to be submitted
to the Judicial Committee; and
-
such other cases as amy be prescribed by Parliament.
-
An appeal shall lie to the Judicial Committee with the special leave of
eh Committee from any decision of the Court of Appeal in any civil or criminal
matter.
-
References in this section to decisions of the Court of Appeal in exercise
of the jurisdiction conferred by this Constitution or any law for the time
being in force in Dominica:
Provided that they Don to include references to decisions in exercise
of the jurisdiction conferred by section 105(2) of this Constitution,
-
In this section the prescribed value means the value of fifteen hundred
Dollars or such other value as amy be prescribed by Parliament.
-
This section shall be subject to the provisions of section 22(4) and 40(7)
of this Constitution.,
Interpretation.
107.- In this Chapter references to the contravention of nay
provision of, or the interpretation of , this Constitution shall be construed
as including references o the contravention of any provision of, or the
interpretation of, the Supreme Court Order.
CHAPTER IX
PARLIAMENT COMMISSIONER
Appointment, etc., of Commissioner
108.-
-
There shall be a Parliamentary Commissioner for Dominica who shall be an
officer of Parliament and who shall not hold any other office of emolument
whether in the public service of otherwise nor engage in any other occupation
for reward.
-
The parliamentary Commissioner shall be appointed by the President, acting
after consultation with the Prime Minister and the Leader of the Opposition,
for a term not exceeding five years.
-
before entering Before entering upon the duties of his office, the Parliamentary
Commissioner shall take and subscribe the oath of office before the Speaker.
-
Subject to the revisions subsection (7) of this section the Parliamentary
Commissioner shall vacate his office at the expiration of the term for
which he was appointed:
Provided that he shall vacate his office-
-
if with his consent he is nominated for election as a Representative or
Senator; or
-
if he is appointed to any other office of emolument or engages in any other
occupation for reward.
-
If the office of Parliamentary Commissioner becomes vacant, an appointment
to fill the office shall be made within ninety days of he occurrence of
the vacancy;
Provided that the House may be resolution extend that period for further
periods nor exceeding in the aggregate one hundred and fifty days.
-
A person holding the office of Parliamentary Commissioner may be removed
from office only for inability to exercise the functions of his office
whether arising from infirmity of body or mind or any other cause) or for
misbehaviour and shall not be so removed except in accordance with the
provisions of this section.
-
The Parliamentary Commissioner shall be removed from office by the President
if the question of his removal from office has been referred to a tribunal
appointed under subsection (8) of this section and the tribunal has recommended
to the President that he ought to be removed for inability as aforesaid
or for misbehaviour.
-
If the President, acting after consultation with the Prime Minister and
the Leader of the Opposition, considers that the question of removing the
Parliamentary Commissioner under this section ought to be investigated-
-
the President shall appoint a tribunal which shall consist of a chairman
and not less than two other members selected by the Chief Justice from
among person who hold or have held office as a judge of a court having
unlimited jurisdiction in civil and criminal matters in some part of he
Commonwealth or a court having jurisdiction i appeal from such a court;
and
-
the tribunal shall enquire into the matter and report on the facts thereof
to the President and recommend to him whether the Commissioner ought to
be removed under this section.
-
If the question of removing the Parliamentary Commissioner has been referred
to a tribunal this section, the President, acting after consultation with
the Prime Minister and the Leader of the Opposition, may suspend the Commissioner
from the exercise of the functions of his office and any such suspension
may at any time be revoked by the President, acting as aforesaid, and shall
in any case cease to have effect if the tribunal recommends to the President
that the Commissioner should not be removed.
Deputy Parliamentary Commissioner and staff.
109.-
-
There shall be a Deputy Parliamentary Commissioner and the provisions of
section 108 of this Constitution shall apply in relation to the Commissioner
and his office as they apply in relation to the Parliamentary Commissioner
and his office.
-
The Deputy Parliamentary Commissioner shall assist the Parliamentary Commissioner
in the Performance of the functions of his office and whenever that office
is vacant or the holder of the office is for any reason unable to perform
those functions, the Deputy Parliamentary Commissioner shall perform those
functions.
Functions of Commissioner.
110.-
-
Subject to the provisions of this section and sections 111 and 112 of this
Constitution , the principal function of the Parliamentary Commissioner
shall be to investigate any decision or recommendation made, including
any advice give or recommendation made to a Minister, or any act Done or
omitted by any department of government or any other authority to which
this section applies, r by officer or members of such a department or authority,
being action taken in exercise of the administrative functions of that
department or authority.
-
The Parliamentary Commissioner shall be provided with a staff adequate
for the efficient discharge of his functions and the offices of the members
of his staff shall be public offices.
-
The parliamentary Commissioner may investigate any such matter in any of
the following circumstances-
-
where a complaint is duly made to the Commissioner by any person alleging
that the complainant has sustained an injustice as a result of fault in
administration;
-
where a member of he House request the Commissioner to investigate the
matter on the ground that a person or body of persons specified in the
request has or may have sustained such injustice; and
-
in any other circumstances in which the Commissioner considers that he
ought to investigate the matter on the ground that some person or body
of person has or may have sustained such injustice.
-
The authority other than departments of government to which this section
applies are-
-
local authorities other bodies establishment for purposes of the public
service or of political government;
-
authorities or bodies the majority of whose members are appointed by the
President or be a Minister or whose revenues consist wholly or mainly of
moneys provided out of public funds;
-
any authority empowered to determine the person with whom any contract
shall be entered into by or on behalf of the Government; and
-
such other authorities as may be prescribed by Parliament.
Restrictions on matters for investigation.
111.-
-
In investigating any matter leading to, resulting from or connected with
the decision of a Minister, the Parliamentary Commissioner shall not inquire
into or question the policy of the Minister in accordance with which the
decision was made.
-
The Parliamentary Commissioner shall have power to investigate complaints
of administrative injustice under section 110 notwithstanding that such
complaints raise questions as to the integrity or corruption of the public
service or any department or office of the public service, and may investigate
any conditions resulting from, or calculated to facilitate or encourage,
corruption in the public service, but he shall not undertake any investigation
into specific charges of corruption against individuals.
-
where in the course of an investigation it appears to the Parliamentary
Commissioner that there is evidence of any corrupt act by any public officer
or by any person in connection with the public service, he shall report
the matter to the appropriate authority with his recommendation as to any
further investigation he may consider proper.
-
The parliamentary Commissioner shall not investigate-
-
any action in respect of which the complaint has or had
-
a remedy by way of proceedings in a court of law; or
-
a right of appeal, reference of review to or before an independent and
impartial tribunal other than a court of law; or
-
any such action, or action taken with respect to any matter , as is described
in Schedule 3 to this Constitution.
-
Notwithstanding the provisions of subsection (4) of this section the Parliamentary
Commissioner-
-
May investigate a matter notwithstanding that the complainant has or had
a remedy by way of proceedings in a court of law if satisfied that in the
particular circumstances it is not reasonable to expect him to take or
to have taken such proceedings;
-
is not in any case precluded fro investigating any matter by reason only
that it is open to the complainant to apply to the High Court for redress
under section 16 of this Constitution (which relates to the enforcement
of the fundamental rights and freedoms).
Discretion of Commissioner.
112.- In the determining whether to initiate, continue or discontinue
an investigation, the Parliamentary Commissioner shall, subject to eh provision
of sections 110 and 111 of this Constitution, act in his discretion, the
Commissioner may refused to initiate or may discontinue an investigation
where it appears to him that-
-
a complaint relates to action of which the complainant has knowledge for
more than twelve months before the complaint was received by the Commissioner;
-
the subject matter of eh complaint is trivial;
-
the complaint is frivolous or vexatious or is not made in good faith; or
-
the complainant has not sufficient interest in the subject matter of the
complaint.
Report on investigation.
113.-
-
Where a complaint or request for an investigation is duly made and the
Parliamentary Commissioner decides not to investigate the matter or where
he decides to discontinue an investigation of the matter, he shall inform
the persons who made the complaint or request of the reasons for his decision.
-
Upon the completion of an investigation the Parliamentary Commissioner
shall inform the department of government of the authority concerned of
the result of the investigation and if he is of the opinion that any person
has sustained an injustice in consequence of a fault in administration,
he shall inform the department of government of the authority of the reasons
for his opinion and make such recommendations as he thinks fit.
-
The Parliamentary Commissioner may in his original recommendations, or
at any later stage if he thinks fit, specify the time within which the
injustice should be remedied.
-
Where the investigation is undertaken as a result of a complaint or request,
the Parliamentary Commissioner shall inform the person who made the compliant
or request of his findings.
-
Where the matter is in the opinion of the Parliamentary Commissioner of
sufficient public importance or where the Commissioner has made a recommendation
under subsection (2) of this section and within the time specified by him
no sufficient action has been taken to remedy the injustice, then the Commissioner
shall make a special report to the House on the case.
-
The parliamentary Commissioner shall make annual reports to the House on
the performance of his functions which shall include statistics in such
form and in such detail as may be prescribed of the complaints received
by him and the results of his investigations.
Power to obtain evidence.
114.-
-
The Parliamentary Commissioner shall have the powers of the High Court
to summon witnesses to appear before him and to compel them to give evidence
on oath and to procedure Documents relevant to the proceedings before hi
and all persons giving evidence at those proceedings shall have the same
duties and liabilities and enjoy the same privileges as in the High Court.
-
The Parliamentary Commissioner shall have power to enter and inspect the
premises of any department of government or any authority to which section
110 applies, to call for, examine and where necessary retain any document
kept on such premises and there to carry out any investigation in pursuance
of his functions.
Prescribed matters concerning Commissioner.
115.-
-
There shall be such provision as may be made by Parliament-
-
for regulating the procedure for the making of complaints and request to
the Parliamentary Commissioner and for the exercise of his functions;
-
for conferring such powers on the Commissioner and imposing duties on persons
in connection with the due performance of his functions; and
-
generally for facilitating the performance by the Commissioner of his functions.
-
The Parliamentary Commissioner ma not be empowered to summon a Minister
or a Parliamentary Secretary to appear before him or to compel a Minister
or a Parliamentary Secretary t answer any question relating to any matter
under investigation by the Commissioner.
-
The Parliamentary Commissioner may not be empowered to summon any witness
to procedure any Cabinet papers or to give any confidential income tax
information.
-
No complainant may be required to pay any fee in respect of his complaint
or request or for any investigation to be made by the Parliamentary Commissioner.
-
No proceedings, civil or criminal, may lie against the parliamentary Commissioner,
or against any person holding an office of appointment under him, for anything
he may Do or report or say in the course of the exercise or intended exercise
of the functions of the Commissioner under this Constitution, unless it
is shown that he acted in bad faith.
-
The parliamentary Commissioner, and any person holding office or appointment
under his, may not be called to give evidence in any court of law, or in
any proceedings of a judicial nature, in respect of anything coming to
his knowledge in the exercise of his functions.
-
Anything said or any information supplied or any Document, paper, or thing
produce by any person in the course of any enquiry by or proceedings before
the Parliamentary Commissioner under this Constitution shall be privileged
in the same manner as if the enquiry or proceedings were proceedings in
a court of law.
-
No proceedings of the Parliamentary Commissioner amy be held bad for want
of form, and , except on the ground of lack of jurisdiction, no proceedings
or decision of the Commissioner shall be liable to be challenged, reviewed,
quashed or called in question in any court of law.
CHAPTER X
MISCELLANEOUS
Declaration of republic.
116.- Dominica shall be a sovereign democratic republic.
Supreme law.
117.- This Constitution is the supreme law of Dominica and,
subject to the provisions of this Constitution, if any other law is inconsistent
with this Constitution, this Constitution shall prevail and the other law
shall to the extent of he inconsistency, be void.
Functions of President.
118.-
-
Any reference in this Constitution to the function of the President shall
be construed a s a reference to his powers and duties in the exercise of
the executive authority of Dominica and to any other powers and duties
conferred or imposed on him as President by or under this Constitution
or any other law.
-
Where by this Constitution the President is required to perform any function
after consultation with any person or authority he shall not be obliged
to exercise that functions in accordance with the advice of that person
or authority.
-
Where by this Constitution the president is required to perform any functions
in accordance with the advice of or after consultation with, any person
or authority, the question whether the President has so exercised that
function shall not be enquired into in any court of law.
Resignations.
119.-
-
The president may resign his office, and a representative or senator may
resign his seat, by writing under his hand addresses to the Speaker and
the resignation shall take effect, and the office or seat shall accordingly
become vacant, when the writing is received by-
-
the Speaker;
-
if the office of Speaker is vacant of the Speaker is for any reason unable
to perform the functions of his office and no other person is performing
them, the Deputy Speaker; or
-
if he office of Deputy Speaker is vacant or the Deputy Speaker is for any
reason unable to perform the functions of his office and no other person
is performing them, the Clerk of the House.
-
The Speaker or the Deputy Speaker may resign his office by writing under
his hand addressed to the hOuse and the resignation shall take effect,
and the office shall accordingly become vacant, when the writing is received
by the Clerk of the House.
-
Any person who has been appointed to an office established by this Constitution
(other than an office to which subsection (1) or (2) of this section applies)
or any office of Minister or temporary Minister established in accordance
with section 59(3) or 62(2) of this Constitution may resign that office
by writing under his hand addressed to the person or authority by whom
he was appointed and the resignation shall take effect, and the office
shall accordingly become vacant-
-
at such time or on such date (if any) as may be specified in the writing;
or
-
when the writing is received by the person or authority to whom it is addressed
or by such other person as may be authorised to received it,
whichever is the later;
Provided that the resignation may be withdrawn before it takes
effect if the person or authority to whom the resignation is addressed
consents to its withdrawal.
Reappointment and concurrent appointments.
120.-
-
Subject to the provisions of section 21(1) of this Constitution, where
any person has vacated any office established by this Constitution or any
office of Minister or temporary Minister established under this Constitution,
he may, if qualified, again be appointed or elected to hold that office
in accordance with the provisions of this Constitution.
-
Where this Constitution vest in any person or authority the power to make
any appointment to any office, a person may be appointed to that office,
notwithstanding that some other person amy be holding that office, when
that other person is on leave of absence pending the relinquishment of
the office; and where two or more persons are holding the same office by
reason of any appointment made in pursuance of this subsection, then, for
the purposes of any function conferred upon the holder of that office,
the person last appointed shall be deemed to be the sole holder of the
office.
Interpretation.
121.-
-
In this Constitution, unless the context otherwise requires-
"Commonwealth citizen" has such meaning as Parliament may be law prescribe;
"Dominica" means the Commonwealth of Dominica;
"Dollars" means Dollars in the currency of Dominica;
"financial year" means any period of twelve months beginning on 1st
July in any year or such other date as may be prescribed by law;
"the Government" means the Government of Dominica;
"the House" means the House of Assembly;
"the Judicial Committee" means the Judicial Committee of the Privy Council;
"law" includes any instrument having the force of law and any unwritten
rule of law and "lawful" and lawfully shall be construed accordingly;
"MInister" means a Minister of the Government and includes a temporary
Minister;
"Parliament" means the Parliament of Dominica;
"oath" includes affirmation;
"oath of allegiance" means such oath of allegiance as may be prescribed
by law;
"oath of office " means, in relation to any office, such oath for the
due execution of that office as may be prescribed by law;
"oath of secrecy" means such oath of secrecy as may be prescribed by
law;
"the Police Force" means the Dominica Police Force and includes any
other police force established to succeed to the functions of the Dominica
Police Force;
"public office" means any office of emolument in the public service;
"public officer" means a person holding or acting in any public office;
"the public service" means subject to the provisions of this section
the service in a civil capacity of the Government;
"session" mean the period beginning when the House first meets after
Parliament has at any time been prorogue or dissolved and ending when Parliament
is prorogued or when Parliament is dissolved without having been prorogued;
"sitting" means the period during which the House is sitting continuously
without adjournment and includes any period during which it is in committee;
"Speaker" and "Deputy Speaker" means the respective persons holding
office as Speaker and Deputy Speaker of the House.
-
In this Constitution, references to an office in the public service shall
not be construed as including-
-
references to the office of the Speaker or Deputy Speaker of the House
of Assembly, the Prime Minister or any other Minister, a temporary Minister;
a Parliamentary Secretary or a member of the House, the Parliamentary Commissioner
of he Deputy Parliamentary Commissioner;
-
references to the office of a member of any Commission established by this
Constitution or a member of the Advisory Committee on the Prerogative of
Mercy or a member of the Public Service Board of Appeal;
-
references to the office of judge or officer of the Supreme Court;
-
save in so far as may be provided by parliament, references to the office
of a member of any other council, board, panel, committee or other similar
body (whether incorporated or not) established by or under any law.
-
In this Constitution-
-
references to the Supreme Court Order include references to any law in
force in Dominica altering that Order;
-
references to the Supreme Court, the Court of Appeal, the High Court and
the Judicial and Legal Service Commission are references to the Supreme
Court, the Court of Appeal, the High Court and the Judicial and Legal Services
Commission established by the Supreme Court Order;
-
references to the Chief Justice have the same meaning as in the Supreme
Court Order;
-
references to a judge of the Supreme Court are references to a judge of
the High Court or the Court of Appeal and, unless the context, otherwise
requires, include references to a judge of the former Supreme Court of
the Windward Islands and Leeward Islands; and
-
references to officers of the Supreme Court are references to the Chief
Registrar and other officers of the Supreme Court appointed under he Supreme
Court Order.
-
In this Constitution "the specified qualifications" means the professional
qualifications specified by or under any law in force in Dominica, one
of which must be held by any person before he may apply under that law
to be admitted to practice as a barrister or a solicitor in Dominica.
-
For the purposes of this Constitution, a person shall not be regarded as
holding an office by reason only of the fact that he is in receipt of a
pension or other like allowance.
-
In this Constitution, unless the context otherwise requires, a reference
to the holder of an office by the term designating his office shall be
construed as including, to the extent of his authority, a reference to
any person for the time being authorised to exercise the functions of that
office.
-
Except in the case where this Constitution provides for the holder of any
office thereunder to be such person holding or acting in any other office
as may for the time being be designated in that behalf by some other specified
person or authority, no person may, without his consent, be nominated for
election to any such office or be appointed to or to act therein or otherwise
be selected therefor.
-
References in this Constitution to the power to remove a public officer
from is office shall be construed as including reference st any power conferred
by any law to require or permit that officer to retire from the public
service:
Provided that-
-
nothing in this subsection shall be construed as conferring on any person
or authority the power to require the Director of public Prosecutions,
he Director of Audit of the Chief Elections Officer to retire from the
public service; and
-
any powers conferred by any law to permit a person to retire from the public
service shall , in the case of nay public office who may be removed from
office by some person or authority other than a Commission established
by this Constitution ,best in the Public Service Commission.
-
Any provision in this Constitution that vests in any person or authority
the power to remove any public officer from his office shall be without
prejudice to the power of any person or authority to abolish any office
or to any law providing for the compulsory retirement of public officers
generally or any class of public office on attaining an age specified by
or under that law.
-
Where this Constitution vests in any person or authority the power to appoint
any person to act in or to exercise the functions of any office if the
holder thereof is himself unable to exercise those functions, no such appointment
shall be called in question on the grounds that the holder of the office
was not unable to exercise those functions.
-
No provisions of this Constitution that any person or authority shall not
be subject to the direction or control of any other person or authority
in the exercise of any functions under this Constitution shall be construed
as precluding a court of law from exercising jurisdiction in relation to
any question whether that person or authority has exercised those functions
in accordance with this Constitution or any other law.
-
Without prejudice to the provisions of section 32(2) of the Interpretation
Act 1889(a) (as applied by subsection (14) of this section), where any
power is conferred by this Constitution to make any order , regulation
or rule or give any direction or make any designation, the power shall
be construed as including the power, exercisable in like manner and subject
to the like conditions, if any, to amend or revoke any such order, regulation,
rule direction, or designation.
-
In this Constitution references to altering this Constitution or any other
law, or any provision thereof, include references-
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to revoking it, with or without re-enactment thereof or the making of different
provisions in lieu thereof;
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to modifying it whether by omitting or amending any of its provisions or
inserting additional provisions in it or otherwise; and
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to suspending its operation for any period or terminating any such suspension.
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The Interpretation Act 1889 shall apply, with the necessary adaptations,
for the purpose of interpreting this Constitution and otherwise in relation
thereto as it applies for the purpose of interpreting and in relation to
Acts of the Parliament of the United KingDom.
SCHEDULE 1 TO THE CONSTITUTION
ALTERATION OF CONSTITUTION AND SUPREME COURT ORDER
Part 1
Provisions of Constitution Referred to in section 42(2)
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Chapter I;
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sections 18, 28 and 58;
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sections 29, 30, 33, 38, 40, 41, 49, 52, 53, 54, 55, 56 and 57;
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Chapter V;
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section 72, 84, 85, 86, 87, 88, 89, 90, 91, 92, 95 and 96;
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Chapter VIII;
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Chapter IX;
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section 121 in its application to any of the provisions mentioned in this
Schedule; or
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Schedule 2.
Part II
Provisions of the Supreme Court Order Referred to in section 42
(2)
Sections 4, 5, 6, 8, 11, 18 and 19.
SCHEDULE 2 TO THE CONSTITUTION
RULES CONCERNING CONSTITUENCIES
All constituencies shall contain as nearly equal numbers of inhabitants
as appears to the Constituency Boundaries Commission to be reasonably practicable
but the Commission may depart from this principle to such extent as it
considers expedient to take account of the following factors, that is to
say:-
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the density of population, and in particular the need to ensure the adequate
representation of sparsely populated rural areas;
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the means of communication;
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geographical features, and
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the boundaries f administrative areas.
SCHEDULE 3 TO THE CONSTITUTION
MATTERS NOT SUBJECT TO INVESTIGATION BY PARLIAMENTARY COMMISSIONER
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Action taken in matters certified by the Attorney General to affect relations
or dealings between the Government and the government of any country or
territory other than Dominica or any international organisation.
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Action taken in any country or territory outside Dominica by or on behalf
of any officer representing or acting under the authority of the Government.
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Action taken under any law relating to extradition or fugitive offenders.
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Action taken for the purposes of investigating crime or of protecting the
security of Dominica.
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The commencement or conduct of civil or criminal proceedings before any
court of law having jurisdiction in Dominica or before any international
court or tribunal.
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Any exercise of the prerogative of mercy.
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Action taken in matters relating to contractual or other commercial transactions,
being transactions of a department of government or an authority to which
section 110 applies but not being transactions for or relating to -
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the acquisition of land compulsorily or in circumstances in which it could
be acquired compulsorily;
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the disposal as surplus of land acquired compulsorily or in circumstances
in which it could have been acquired compulsorily.
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Action taken in respect of appointments or removals, pay, discipline, superannuation
or other personnel matters in relation to service in any office or employment
in the public service or under any authority as may be prescribed by law.
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Any matter relating to any person who is or was a member of the armed forces
of Dominica in so far as the matter relates to -
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the terms and conditions of his service as such; or
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any order, command, penalty or punishment given to or affecting him in
his capacity as such.
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Any action which by virtue of any provision of this Constitution may be
not be enquired into by any court of law.