Constitutionof the Commonwealth of the Bahamas
PREAMBLE
Whereas Four hundred and
eighty-one years ago the rediscovery of this Family of Islands, Rocks
and Cays heralded the rebirth of the New World;
And Whereas the People of
this Family of Islands recognizing that the preservation of their
Freedom will be guaranteed by a national commitment to Self-discipline,
Industry, Loyalty, Unity and an abiding respect for Christian values
and the Rule of Law;
NOW KNOW YE THEREFORE:
We the Inheritors of and
Successors to this Family of Islands, recognizing the Supremacy of God
and believing in the Fundamental Rights and Freedoms of the Individual,
Do Hereby Proclaim in Solemn Praise the Establishment of a Free and
Democratic Sovereign Nation founded on Spiritual Values and in which no
Man, Woman or Child shall ever be Slave or Bondsman to anyone or their
Labour exploited or their Lives frustrated by deprivation, and do
Hereby Provide by these Articles for the indivisible Unity and Creation
under God of the Commonwealth of The Bahamas.
CHAPTER I
THE CONSTITUTION
The State.
1.- The Commonwealth of the Bahamas shall be a sovereign democratic State.
The Constitution is supreme law.
2.- This Constitution is the
supreme law of the Commonwealth of The Bahamas 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 the inconsistency, be void.
CHAPTER II
CITIZENSHIP
Persons who become citizens on 10th July 1973.
3.-(1) Every person who,
having been born in the former Colony of the Bahamas Islands, is on 9th
July 1973 a citizen of the United Kingdom and Colonies shall become a
citizen of the Bahamas on 10th July 1973.
(2) Every person who, having
been born outside the former Colony of the Bahamas Islands, is on 9th
July 1973 a citizen of the United Kingdom and Colonies shall, if his
father becomes or would but for his death have become a citizen of The
Bahamas in accordance with the provisions of the preceding paragraph,
become a citizen of The Bahamas on 10th July 1973.
(3) Every person who on 9th
July 1973 is a citizen of the United Kingdom and Colonies having become
such a citizen under the British Nationality Act 1948 by virtue of his
having been registered in the former Colony of the Bahamas Islands
under that Act shall become a citizen of The Bahamas on 10th July 1973:
Provided that this paragraph shall not apply to any citizen of the United Kingdom and Colonies-
(a) who was not ordinarily resident in that Colony on 31st December 1972, or
(b) who became registered in that Colony on or after 1st January 1973, or
(c) who on 9th July 1973 possesses the citizenship or nationality of some other country.
Persons who become citizens on 9th July 1974.
4.- Every person who on 9th July 1973 is a citizen of the United Kingdom and Colonies-
(a)having become such a
citizen under the British Nationality Act 1948 by virtue of his having
been naturalized in the former Colony of the Bahamas Islands before
that Act came into force, or
(b) having become such a
citizen by virtue of his having been naturalized in the former Colony
of the Bahamas Islands under that Act,
shall become a citizen of The
Bahamas on 9th July 1974, unless prior to that date, he has in such
manner as may be prescribed declared that he does not desire to become
a citizen of The Bahamas:
Provided that this section
shall not apply to a citizen of the United Kingdom and Colonies who on
9th July 1973 possesses the citizenship or nationality of some other
country.
Persons entitled to be registered as citizens.
5.-(1) Any woman who, on 9th July 1973, is or has been married to a person-
(a) who becomes a citizen of The Bahamas by virtue of Article 3 of this Constitution; or
(b) who, having died before
10th July 1973, would, but for his death, have become a citizen of The
Bahamas by virtue of that Article, shall be entitled, upon making
application and upon taking the oath of allegiance or such declaration
in such manner as may be prescribed, to be registered as a citizen of
The Bahamas:
Provided
that the right to be registered as a citizen of The Bahamas under this
paragraph shall be subject to such exceptions or qualifications as may
be prescribed in the interests of national security or public policy.
(2) Any person who, on 9th
July 1973, possesses Bahamian Status under the provisions of the
Immigration Act 1967(a) and is ordinarily resident in the Bahamas
Islands, shall be entitled, upon making application before 19th July
1974, to be registered as a citizen of The Bahamas.
(3) Notwithstanding anything
contained in paragraph (2) of this Article, a person who has attained
the age of eighteen years or who is a woman who is or has been married
shall not, if he is a citizen of some country other than The Bahamas,
be entitled to be registered as a citizen of The Bahamas under the
provisions of that paragraph unless he renounces his citizenship of
that other country, takes the oath of allegiance and makes and
registers such declarations may be prescribed:
Provided
that where a person cannot renounce his citizenship of the other
country under the law of that country he may instead make such
declaration concerning that citizenship as may be prescribed.
(4) Any application for
registration under paragraph (2) of this Article shall be subject to
such exceptions or qualifications as may be prescribed in the interest
of national security or public policy.
(5) Any woman who on 9th July
1973 is or has been married to a person who subsequently becomes a
citizen of The Bahamas by registration under paragraph (2) of this
Article shall be entitled, upon making application and upon taking the
oath of allegiance or such declaration as may be prescribed, to be
registered as a citizen of The Bahamas:
Provided
that the right to be registered as a citizen of The Bahamas under this
paragraph shall be subject to such exceptions or qualifications as may
be prescribed in the interests of national security or public policy.
(6) Any application for
registration under this Article shall be made in such manner as may be
prescribed as respects that application:
Provided
that such an application may not be made by a person who has not
attained the age of eighteen year and is not a woman who is or has been
married, but shall be made on behalf of that person by a parent or
guardian of that person.
Persons born in The Bahamas after 9th July 1973.
6.- Every person born in The
Bahamas after 9th July 1973 shall be come a citizen of The Bahamas at
the date of his birth if at that date either of his parents is a
citizen of The Bahamas.
Persons born in The Bahamas after 9th July 1973 of non-citizen parents.
7.-(1) A person born in The
Bahamas after 9th July 1973 neither of whose parents is a citizen of
The Bahamas shall be entitled, upon making application on his attaining
the age of eighteen years or within twelve months thereafter in such
manner as may be prescribed, to be registered as a citizen of The
Bahamas:
Provided
that if he is a citizen of some country other than The Bahamas he shall
not be entitled to be registered as a citizen of The Bahamas under this
Article unless he renounces his citizenship of that other country,
takes the oath of allegiance and makes and registers such declaration
of his intentions concerning residence as may be prescribed.
(2) Any application for
registration under this Article shall be subject to such exceptions or
qualifications as may be prescribed in the interests of national
security or public policy.
Persons born outside The Bahamas after 9th July 1973.
8.- A persons born outside
The Bahamas after 9th July 1973 shall become a citizen of The Bahamas
at the date of his birth if at that date his father is a citizen of The
Bahamas otherwise than by virtue of this Article or Article 3(2) of
this Constitution.
Further provisions for persons born outside The Bahamas after 9th July 1973.
9.-(1) Notwithstanding
anything contained in Article 8 of this Constitution, a person born
legitimately outside The Bahamas after 9th July 1973 whose mother is a
citizen of The Bahamas shall be entitled, upon making application on
his attaining the age of eighteen years and before he attains the age
of twenty-one years, in such manner as may be prescribed, to be
registered as a citizen of The Bahamas:
Provided
that if he is a citizen of some country other than The Bahamas he shall
not be entitled to be registered as a citizen of The Bahamas under this
Article unless he renounces his citizenship of that other country,
takes the oath of allegiance and makes and registers such declaration
of his intentions concerning residence as may be prescribed.
(2) Where a person cannot
renounce his citizenship of some other country under the law of that
country, he may instead make such declaration concerning that
citizenship as may be prescribed.
(3) Any application for
registration under this Article shall be subject to such exceptions or
qualifications as may be prescribed in the interests of national
security or public policy.
Marriage to citizens of The Bahamas.
10.- Any woman who, after 9th
July 1973, marries a person who is or becomes a citizen of The Bahamas
shall be entitled, provided she is still so married, upon making
application in such manner as may be prescribed and upon taking the
oath of allegiance of such declaration as may be prescribed, to be
registered as a citizen of The Bahamas:
Provided
that the right to be registered as a citizen of The Bahamas under this
Article shall be subject to such exceptions or qualifications as may be
prescribed in the interests of national security of public policy.
Deprivation of citizenship.
11.-(1) If the
Governor-General is satisfied that any citizen of The Bahamas has at
any time after 9th July 1973 acquired by registration, naturalization
or other voluntary and formal act (other than marriage) the citizenship
of any other country any rights available to him under the law of that
country, being rights accorded exclusively to its citizens, the
Governor-General may by order deprive that person of his citizenship.
(2) If the Governor-General
is satisfied that any citizen of The Bahamas has at any time after 9th
July 1973 voluntarily claimed and exercised in any other country any
rights available to him under the law of that country, being rights
accorded exclusively to its citizens, the Governor-General may by order
deprive that person of his citizenship.
Renunciation of citizenship.
12.- Any citizen of The Bahamas who has attained the age of twenty-one years and who-
(a) is also a citizen or national of any other country; or
(b) intends to become a citizen or national of any other country,
- shall be entitled to
renounce his citizenship of The Bahamas by a declaration made and
registered in such manner as may be prescribed:
Provided that- (a) in the
case of a person who is not a citizen or national of any other country
at the date of registration of his declaration or renunciation, if he
does not become such a citizen or national within six months from the
date of registration he shall be, and shall be deemed to have remained,
a citizen of The Bahamas notwithstanding the making and registration of
his declaration of his declaration of renunciation; and
> (b) the right of any
person to renounce his citizenship of The Bahamas during any period
when The Bahamas is engaged in any war shall be subject to such
exceptions or qualification as may be prescribed in the interests of
national security or public policy.
Power of Parliament.
13.- Parliament may make provision-
(a) for the acquisition of
citizenship of The Bahamas by persons who do not become citizens of The
Bahamas by virtue of the provisions of this Chapter;
(b) for depriving of his
citizenship of The Bahamas any person who is a citizen of The Bahamas
otherwise than by virtue of paragraphs (1) or (2) of Articles 6 or 8 of
this Constitution; or
(c) for the certification of
citizenship of The Bahamas for persons who have acquired that
citizenship and who desire such certification.
Interpretation.
14.-(1) Any reference in this
Chapter to the father of a person shall, in relation to any person born
out of wedlock other than a person legitimated before 10th July 1973,
be construed as a reference to the mother of that person.
(2) 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 place in which the ship or
aircraft was registered or, as the case may be, in that country.
(3) 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 the 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 10th July 1973 and the birth occurred after 9th July
1973 the national status that the father would have had if he had died
on 10th July 1973 shall be deemed to be his national status at the time
of his death.
CHAPTER III
PROTECTION OF FUNDAMENTAL RIGHTS
AND FREEDOMS OF THE INDIVIDUAL
Fundamental rights and freedoms of the individual.
15.- Whereas every person in
The Bahamas is entitled to the fundamental rights and freedoms of the
individual, that is to say, has the right, whatever his race, place of
origin, 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-
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for the
privacy of his home and other property and from deprivation of property
without compensation, the subsequent provisions of this Chapter shall
have effect for the purpose of affording protection to the aforesaid
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 individual
does not prejudice the rights and freedoms of others or the public
interest.
Protection of right to life.
16.-(1) No person shall be
deprived intentionally of his life save in execution of the sentence of
a court in respect of a criminal offence of which he has been convicted.
(2) A person shall not be
regarded as having been deprived of his life in contravention of this
Article 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-
(a) for the defence of any person from violence or for the defence of property;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or mutiny; or
(d) in order to prevent the commission by tat person of a criminal offence.
- or if he dies as a result of a lawful act of war.
Protection from inhuman treatment.
17.-(1) No person shall be subjected to torture or to inhuman or degrading treatment or punishment.
(2) Nothing contained in or
done under the authority of any law shall be held to be inconsistent
with or in contravention of this Article to the extent that the law in
question authorizes the infliction of any description of punishment
that was lawful in the Bahamas Islands immediately before 10th July
1973.
Protection from slavery and forced labour.
18.-(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
(3) For the purposes of this Article, "forced labour" does not include-
(a) any labour required in consequence of the sentence or order of a court;
(b) any labour required 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 in a
naval, military or air force, any labour which that person is required
by law to perform in place of such service;
(c) labour required of any
person while he is lawfully detained which, 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 in which he is detained; or
(d) any labour required
during a period of public emergency (that is to say, a period to which
Article 29 of this Constitution applies) or in the event of any other
emergency or calamity that threatens the life or 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 arbitrary arrest or detention.
19.-(1) No person shall be deprived of his personal liberty save as may be authorized by law in any of the following cases-
(a) in execution of the
sentence or order of a court, whether established for The Bahamas or
some other country, in respect of a criminal offence of which he has
been convicted or in consequence of his unfitness to plead to a
criminal charge or in execution of the order of a court on the grounds
of his contempt of that court or of another court or tribunal;
(b) in execution of the order of a court made in order to secure the fulfillment of any obligation imposed upon him by law;
(c) for the purpose of bringing him before a court in execution of the order of a court;
(d) upon reasonable suspicion of his having committed, or of being about to commit, a criminal offence;
(e) in the case of a person who has not attained the age of eighteen years, for the purpose of his education or welfare;
(f) for the purpose of
preventing the spread of an infectious or contagious disease or 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 case or treatment of the protection of the community;
(g) for the purpose of
preventing the unlawful entry of that person into The Bahamas or for
the purpose of effecting the expulsion, extradition or other lawful
removal from the Bahamas of that person or the taking of proceedings
relating thereto; and without prejudice to the generality of the
foregoing, a law may, for the purposes of this sub-paragraph, provide
that a person who is not a citizen of The Bahamas may be deprived of
this liberty to such extent as may be necessary in the execution of a
lawful order requiring that person to remain within a specified area
within The Bahamas or prohibiting him from being within such an area.
(2) Any person who is
arrested or detained shall be informed as soon as is reasonably
practicable, in a language that he understands, of the reason for his
arrest or detention and shall be permitted, at his own expense, to
retain and instruct without delay a legal representative of his own
choice and to hold private communication with him; and in the case of a
person who has not attained the age of eighteen years he shall also be
afforded a reasonable opportunity for communication with his parent or
guardian.
(3) Any person who is
arrested or detained in such a case as is mentioned in sub-paragraph
(1)(c) or (d) of this Article and who is not released shall be brought
without undue delay before a court; and if any person arrested or
detained in such a case as is mentioned in the said sub-paragraph
(1)(d) is not tried within a reasonable time he shall (without
prejudice to any further proceedings that may be brought against him)
be released either unconditionally or upon reasonably necessary to
ensure that he appears at a later date for trial of for proceedings
preliminary to trial.
(4) Any person who is
unlawfully arrested or detained by any other persons hall be entitled
to compensation therefor from that other person.
(5) Where a person is
detained by virtue of such a law as is referred to in Article 29 of
this Constitution, the following provisions shall apply-
(a) he shall, as soon as
reasonably practicable and in any case not more than five days after
the commencement of his detention, be furnished with a statement in
writing, in a language that he understands, of the grounds upon which
he is detained;
(b) not more than fourteen
days after the commencement of his detention, a notification shall be
published in the Gazette stating that he has been detained and giving
particulars of the provisions of law under which his detention is
authorized;
(c) he may from time to time
request that his case be reviewed under sub-paragraph (d) of this
paragraph but, where he has made such a request, no subsequent request
shall be made before the expiration of three months from the making of
the previous request;
(d) where a request is made
under sub-paragraph (c) of this paragraph, the case shall, within one
month of the making of the request, be reviewed by an independent and
impartial tribunal established by law, presided over by the Chief
Justice or another Justice of the Supreme Court appointed by him, and
consisting of persons who are Justices of the Supreme Court or who are
qualified to be appointed as Justices of the Supreme Court:
(e) he shall be afforded
reasonable facilities to consult and instruct, at his own expense, a
legal representative of his own choice, and he and any such legal
representative shall be permitted to make written or oral
representations or both to the tribunal appointed for the review of his
case.
(6) On any review by a
tribunal in pursuance of paragraph (5) of this Article of the case of
any detained person, the tribunal may make recommendations concerning
the necessity or expediency of continuing his detention to the
authority by whom 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.
(7) When any person is
detained by virtue of such a law as is referred to in Article 29 of
this Constitution the Prime Minister of a Minister authorized by him
shall, not more than thirty days after the commencement of the
detention and thereafter no more than thirty days after the making of
the previous report, make a report to each House stating the number of
persons detained as aforesaid and the number of cases in which the
authority that ordered the detention has not acted in accordance with
the recommendations of a tribunal appointed in pursuance of paragraph
85) of this Article:
Provided
that in reckoning any period of thirty days for the purposes of this
paragraph no account shall be taken of any period during which
parliament stands prorogued or dissolved.
Provisions to secure protection of law.
20.-(1) 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.
(2) Every person who is charged with a criminal offence-
(a) shall be presumed to be innocent until he is proved or has pleaded guilty;
(b) shall be informed as soon
as reasonably practicable, in a language that he understands and in
detail, of the nature of the offence charged;
(c) shall be given adequate time and facilities for the preparation of his defence;
(d) shall be permitted to
defend himself before the court in person or, at his own expense, by a
legal representative of his own choice or by a legal representative at
the public expense where so provided by or under a law in force in The
Bahamas;
(e) shall be afforded
facilities to examine in person or by his legal representative the
witnesses called by the prosecution before the court, ad to obtain the
attendance and carry out the examination of witnesses to testify on hi
behalf before the court on the same condition as those applying to
witnesses called by the prosecution;
(f) shall be permitted to
have without payment the assistance of an interpreter if he cannot
understand the language used at the trial of the charge; and
(g) shall, when charged on information in the Supreme Court, have the right to trial by jury;
and except with his own
consent the trial shall not take place in his absence unless he so
conduct himself in the court as to render the continuance of the
proceedings in his presence impracticable and the court has ordered him
to be removed and the trial to proceed in his absence.
(3) When a person is tried
for any criminal offence, the accused person or any person authorized
by him in that behalf shall, if he so requires and subject to payment
of such reasonable fee as may be prescribed by law, be given within a
reasonable time after judgment a copy for the use of the accused person
of any record of the proceedings made by or on behalf of the court.
(4) 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 an 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
committed.
(5) No person who shows that
he has been tried by a competent court for a criminal offence and
either convicted or acquitted shall 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
the course of appeal or review proceedings relating to the conviction
or acquittal.
(6) No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.
(7) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
(8) Any court or other
adjudicating authority prescribed by law for the determination of the
existence or extent of any civil right of obligation shall be
established by law and shall be independent and impartial; and where
proceedings for such a determination are institute by any person before
such a court or other adjudicating authority, the case shall be given a
fair hearing within a reasonable time.
(9) All proceeding instituted
in any court for the determination of the existence or extent of any
civil right or obligation, including the announcement of the decision
of the court, shall be held in public,
(10) Nothing in paragraph (9)
of this Article shall prevent the court from excluding from the
proceedings persons other than the parties thereto and their legal
representatives to such extent as the court-
(a) may be empowered by law
so 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 live of persons concerned in the proceedings;
(b) may be empowered or required by law to do so in the interests of defence, public safety of public order; or
(c) may be empowered or
required to do so by rules of court and practice existing immediately
before 10th July 1973 of by any law made subsequently to the extent
that it makes provisions substantially to the same effect as provision
contained in any such rules.
(11) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-
(a) sub-paragraph (2)(a) of
this Article to the extent that the law in question imposes upon any
person charged with a criminal offence the burden of proving particular
facts;
(b) sub-paragraph (2)(e) of
this Article to the extent that the law in question imposes 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;
(c) paragraph (5) of this
Article to the extent that the law in question authorizes 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.
Protection for privacy of home and other property.
21.-(1) Except with his
consent, no person shall be subjected to the search of his person or
his property of the entry by others on his premises.
(2) Nothing contained in or
done under the authority of any law shall be held to be inconsistent
with or in contravention of this Article to the extent that the law in
question makes provisions-
(a) which is reasonably required-
(i) in the interests of
defence, public safety, public order, public morality, public health,
town and country planning, he development of mineral resources, or the
development of utilization of nay other property in such a manner as to
promote the public benefit; or
(ii) for the purpose of protecting the rights and freedoms other persons;
(b) to enable an officer or
agent of the Government of The Bahamas, a local government authority or
a body corporate established by law for public purposes to enter on the
premises of any person in order to inspect those premises or anything
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 the belongs to that Government, authority or body corporate, as the
case may be; or
(c) to authorize, for the
purpose of enforcing the judgment or order of a court in any civil
proceedings, the search of any person or property by order of a court
or the entry upon any premises by such order,
- and except so far as that
provisions 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 conscience.
22.-(1) Except with his
consent, no person shall be hindered in the enjoyment of his freedom of
conscience, and for the purposes of this Article the said freedom
includes freedom of thought and of religion, freedom to 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 of belief in worship, teaching, practice and observance.
(2) Except with his consent
(or, if he is a person who has not attained the age of eighteen years,
the consent of his guardian) no person attending any place of education
shall be required to receive religious instruction or to take part in
or attend any religious ceremony or observance of that instruction,
ceremony or observance relates to a religion other than his own.
(3) No religious body or
denomination shall be prevented from or hindered in providing religious
instruction for persons of that body of denomination in the course of
any education provided by that body or denomination whether or not that
body or denomination is in receipt of any government subsidy, grant or
other form of financial assistance designed to meet, in whole or in
part, the cost of such course of education.
(4) No person shall be
compelled to take any oath which is contrary to his religion or belief
of to take any oath in a manner which is contrary to his religion or
belief.
(5) Nothing contained in or
done under the authority of any law shall be held to be inconsistent
with or in contravention of this Article to the extent that the law in
question makes provision which is reasonably required-
(a) in the interest of defence, public safety, public order, public morality or public health; or
(b) for the purpose of
protecting the rights and freedoms of other persons, including the
right to observe and practice any religion without the unsolicited
interference of member of any other religion,
- 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 expression.
23.-(1) Except with his
consent, no person shall be hindered in the enjoyment of his freedom of
expression, and for the purposes of this Article the said freedom
includes freedom to hold opinions, to receive and impart ideas and
information without interference, and freedom from interference with
his correspondence.
(2) Nothing contained in or
done under the authority of any law shall be held to be inconsistent
with or in contravention of this Article to the extent that the law in
question makes provision-
(a) which is reasonably required-
(i) in the interests of defence, public safety, public order, public morality or public health; or
(ii) for the purposes of
protecting the rights, reputations and freedoms of other persons,
preventing the disclosure of information received in confidence,
maintaining the authority and independence of the courts, or regulating
telephony, telegraphy, posts, wireless broadcasting, television, public
exhibitions or public entertainment; or
(b) which imposes restrictions upon persons holding office under the Crown or upon members of a disciplined force,
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.
24.-(1) Except with his
consent, no person shall be hindered in the enjoyment of his freedom of
peaceful assembly and association, that is to say, his right to
assemble freely and associate with other persons and in particular to
form or belong to political parties, or to form or belong to trade
unions or other association for the protection of his interests.
(2) Nothing contained in or
done under the authority of any law shall be held to be inconsistent
with or in contravention of this Article to the extent that the law in
question makes provision-
(a) which is reasonably
required- (i) in the interest of defence, public safety, public order,
public morality or public health; or
> (ii) for the purpose of protecting the rights and freedoms of other persons; or
(b) which imposes restriction upon person s holding office under the Crown or upon members of a discipline force,
- 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.
25.- (1) Except with his
consent, no person shall be hindered in the enjoyment of his freedom of
movement, and for the purposes of this Article the said freedom means
the right to move freely throughout The Bahamas, the right to reside in
any part thereof, the right to enter The Bahamas, the right to leave
The Bahamas and immunity from expulsion therefrom.
(2) Nothing contained in or
done under the authority of any law shall be held to be inconsistent
with or in contravention of this Article to the extent that the law in
question makes provision-
(a) which is reasonably required-
(i) in the interests of
defence, public safety, public order, public morality, public health,
town and country planning of the prevention of plant or animal
diseases; or
(ii) for the purpose of protecting the rights and freedoms of other persons,
- 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;
(b) for the removal of a
person from The Bahamas to be tried outside The Bahamas for a criminal
offence or to undergo imprisonment in some other country in respect of
a criminal offence of which he has been convicted;
(c) for the imposition of
restriction upon the movement of residence within The Bahamas of public
officers or member of a disciplined force that are reasonably required
for the purpose of the proper performance of their functions; or
(d) for the imposition of
restriction on the right of any person to leave The Bahamas of any
person who is not a citizen of The Bahamas or the exclusion or
expulsion therefrom of any such person; or
(e) for the imposition of
restrictions on the right of any person to leave The Bahamas in the
public interest, or for securing compliance with any international
obligation of the Government of The Bahamas particulars of which have
been laid before Parliament.
(3) Any restriction on a
person's freedom of movement which is involved in his lawful detention
shall not be held to be inconsistent with or in contravention of this
Article.
(4) For the purposes of
sub-paragraph (c) of paragraph (2) of this Article "law" in that
paragraph includes directions in writing regarding the conduct of
public officers generally of any class of public officer issued by the
Government of The Bahamas.
Protection from discrimination on the grounds of race, etc.
26.- (1) Subject to the
provision of paragraph (4), (5) and (9) of this Article no law shall
make any provision which is discriminatory either of itself or in its
effect.
(2) Subject to the provisions
of paragraphs (6), (9) and (10) of this Article, no person shall be
treated in a discriminatory manner by any person acting by virtue of
any written law or in the performance of the function of any public
office or any public authority.
(3) In this Article, the
expression "discriminatory" means affording different treatment to
different person attributable wholly or mainly to their respective
descriptions by race, place of origin political opinions colour or
creed whereby person of one such description are subjected to
disabilities or restrictions to which person of another such
description are not made subject or are accorded privileges or
advantages which are not accorded to persons of another such
description.
(4) Paragraph (1) of this Article shall not apply to any law so far as that law makes provision-
(a) for the appropriation of
revenues or other funds of The Bahamas or for the imposition of
taxation (including the levying of feed for the grant of licenses); or
(b) with respect to the entry
into or exclusion from, or the employment, engaging in any business or
profession, movement of residence within, The Bahamas of persons who
are not citizens of The Bahamas; or
(c) with respect to adoption, marriage, divorce, burial, devolution f property on death or other matters of personal law; or
(d) whereby persons of any
such description as is mentioned in paragraph (3) for this Article may
be subjected to any disability or restriction or may be accorded any
privilege or advantage which 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; or
(e) for authorizing the
granting of licenses or certificates permitting the conduct of a
lottery, the keeping of a gaming house or the carrying on of gambling
in any of its forms subject to conditions which impose upon persons who
are citizens of The Bahamas disabilities or restriction to which other
persons are not made subject.
(5) Nothing contained in any
law shall be held to be inconsistent whit or in contravention of
paragraph (1) of this Article to the extent that it makes provision
with respect to standards or qualifications (not being a standard or
qualification specifically relating to race, place of origin, political
opinions, colour or creed) in order to be eligible for service as a
public officer or as a member of a disciplined force of for the service
of a local government authority or a body corporate established by law
for public purposes.
(6) Paragraph (2) of this
Article shall not apply to anything which is expressly of by necessary
implication authorized to be done by any such provision of law as is
referred to in paragraphs (4) or (5) of this Article.
(7) Subject to the provisions
of subparagraph (4)(e) and of paragraph (9) of this Article no person
shall be treated in a discriminatory manner in respect of access to any
of the following places to which the general public have access,
namely, shops, hotels, restaurants, eating-houses, licensed premises,
places of entertainment or places of resort.
(8) Subject to the provisions of this Article no person shall be treated in a discriminatory manner-
(a) in respect of any
conveyance or lease or agreement for, or in consideration of , or
collateral to, a conveyance or lease of any freehold or leasehold
hereditament which have been offered for sale or lease to the general
public;
(b) in respect of any
covenant or provision in any conveyance or lease or agreement for , or
in consideration of, or collateral to, a conveyance or lease
restricting by discriminatory provision the transfer, ownership, use or
occupation of any freehold or leasehold hereditament which have been
offered for sale or lease to the general public.
(9) Nothing contained in or
done under the authority of any law shall be held to be inconsistent
with or in contravention of this Article to the extent that the law in
question makes provision whereby persons of any such description as is
mentioned in paragraph (3) of this Article may be subjected to any
restriction on the rights and freedoms guaranteed by Articles
21,22,23,24 and 25 of this Constitution, being such a restriction as is
authorized by Article 21(2)(a), 22(5), 23(2), 24(2) or 25(2)(a) or (e),
as the case may be.
(10) Nothing in paragraph (2)
of this Article 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.
Protection from deprivation of property.
27.- (1) No property of any
description shall be compulsorily taken possession of, and no interest
in or right over property of any description shall be compulsorily
acquired, except where the following conditions are satisfied, that is
to say-
(a) the taking of possession
or acquisition is necessary in the interests of defence, public safety,
public order, public morality, public health, town and country planning
or the development or utilization of any property in such manner as to
promote the public benefit or the economic well-being of the community;
and
(b) the necessity thereof is
such as to afford reasonable justification for the causing of any
hardship that may result to any person having an interest in or right
over the property; and
(c) provision is made by a law applicable to that taking of possession or acquisition-
(i) for the making of prompt and adequate compensation in the circumstances; and
(ii) securing to any person
having an interest in or right over the property a right of access to
the Supreme Court, whether direct or on appeal from any other
authority, for the determination of his interest or right, the legality
of the taking of possession or acquisition of the property, interest or
right, and the amount of any compensation to which he is entitled, and
for the purpose of obtaining prompt payment of that compensation; and
(d) any party to proceedings
in the Supreme Court relating to such a claim is given by law the same
rights of appeal as are accorded generally to parties to civil
proceedings in that Court sitting as a court of original jurisdiction.
(2) Nothing in this Article
shall be construed as affecting the making or operation of any law so
far as it provides for the taking of possession or acquisition of
property-
(a) in satisfaction of any tax, rate or due;
(b) by way of penalty for
breach of the law, whether under civil process or after conviction of a
criminal offence under the law of The Bahamas;
(c) as an incident of a lease, tenancy, mortgage, charge, bill of sale,pledge or contract;
(d) upon the attempted removal of the property in question out of or into The Bahamas in contravention of any law;
(e) by way of the taking of a sample for the purposes of any law;
(f) where the property consist of an animal upon its being found trespassing or straying;
(g) in the execution of judgments or orders of courts;
(h) by reason of its being in a dilapidated or dangerous state of injurious to the health of human being, animals or plants;
(i) in consequence of any law
making provision for the validation of titles to land of (without
prejudice to the generality of the foregoing words) the confirmation of
such titles, or for the extinguishment of adverse claims, or with
respect to prescription or the limitation of actions,
(j) for so long only as may
be necessary for the purposes of any examination, investigation, trial
or inquiry or, in the case of land, the carrying out thereon-
(i) of work or reclamation, drainage, soil conservation or the conservation of other natural resources; or
(ii) of agricultural
development or improvement that the owner or occupier of the land has
been required, and has without reasonable and lawful excuse, refused or
failed to carry out; or
(k) to the extent that the
law in question makes provision for the vesting or taking of possession
or acquisition or administration of-
(i) enemy property;
(ii) property of a deceased
person, a person of unsound mind of a person who has not attained the
age of twenty-one years, for the purpose of its administration for the
benefit of the persons entitled to the beneficial interest therein;
(iii) property of a person
adjudged insolvent or a defunct company that has been struck off the
Register of Companies, of a body corporate in liquidation, for the
purpose of its administration for the benefit of the creditors of that
insolvent person or body corporate and, subject thereto, for the
benefit of other person entitled to the beneficial interest in the
property; or
(iv) property subject to a
trust, for the purpose of vesting the property in person appointed as
trustees under the instrument creating the trust or by a court or, by
order of a court, for the purpose of giving effect to the trust.
(3) Nothing contained in or
done under the authority of any law shall be held to be inconsistent
with or in contravention of this Article to the extent that the law in
question makes provision for the orderly marketing or production or
growth or extraction of any agricultural or fish product or mineral or
water or any article or thing prepared for market or manufactured
therefor of for the reasonable restriction of the use of any property
in the interest of safeguarding the interests of others or the
protection of tenants, licensees or others having rights in or over
such property.
(4) Nothing contained in or
done under that authority of any law shall be held to be inconsistent
with or in contravention of this Article to the extent that the law in
question makes provision for the compulsory taking possession in the
public interest of any property, or the compulsory acquisition in the
public interest or right is held by a body corporate established
directly by law for public purpose in which no monies have been
invested other than monies provided by Parliament or by any Legislature
established for the former Colony of the Bahamas Islands.
Enforcement of fundamental rights.
28.- (1) If any person
alleges that any of the provisions of Articles 16 to 27 (inclusive) of
this Constitution has been, is being of is likely to be contravened in
relation to him then, without prejudice to any other action with
respect to the same matter which is lawfully available, that person may
apply to the Supreme Court for redress.
(2) The Supreme Court shall have original jurisdiction-
(a) to hear and determine any application made by any person in pursuance of paragraph (1) of this Article; and
(b) to determine any question
arising in the case of any parson which is referred to it in pursuance
of paragraph (3) of this Article,
- and may make such 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 the said Articles 16 to 27 (inclusive) to the
protection of which the person concerned is entitled:
Provided
that the Supreme Court shall not exercise its power under this
paragraph if it is satisfied that adequate means of redress are or have
been available to the person concerned under any other law.
(3) If, in any proceedings in
any court established for The Bahamas other than the Supreme Court or
the Court of Appeal, any question arises as to the contravention of any
of the provisions of the said Articles 16 to 27 (inclusive), the court
in which the question to the Supreme Court.
(4) No law shall make
provision with respect to rights of appeal from any determination of
the Supreme Court in pursuance of this Article that is less favorable
to any party thereto than the rights of appeal from determinations of
the Supreme Court that are accorded generally to parties to civil
proceedings in that Court sitting as a court or original jurisdiction.
(5) Parliament may make laws
to confer upon the Supreme Court such additional or supplementary
powers as may appear to be necessary or desirable for enabling the
Court more effectively to exercise the jurisdiction conferred upon it
by paragraph (2) of this Article and may make provision with respect to
the practice and procedure of the Court while exercising that
jurisdiction.
Provisions for time of war or emergency.
29.- (1) This Article applies to any period when-
(a) The Bahamas is at war; or
(b) there is in force a
proclamation (in this section referred to as a "proclamation of
emergency") made by the Governor-General and published in the Gazette
declaring that a state of public emergency exists for the purposes of
this section.
(2) Nothing contained in or
done under that authority of any law shall be held to be inconsistent
with or in contravention of Article 19, any provision of Article 20
other than paragraph (4) thereof, or any provision of Article 21 to 26
(inclusive) of this Constitution to the extent that the law in Question
makes in relation to any period to which this Article applies
provision, or authorizes the doing during any such period of anything,
which is reasonably justifiable in the circumstances of any situation
or existing during that period for the purpose of dealing with that
situation.
(3) Where any proclamation of
emergency has been made, copies thereof shall as soon as practicable be
laid before both Houses of Parliament, and if for any cause those
Houses are not due to meet within five days the Governor-General shall,
by proclamation published in the Gazette, summon them to meet within
five days and they shall accordingly meet and sit upon the day
appointed by the proclamation and shall continue to sit and act as if
they had stood adjourned or prorogued to that day:
provided
that if the proclamation of emergency is made during the period between
a dissolution of Parliament and the next ensuing general election-
(a) the Houses to be summoned
as aforesaid shall be the Houses referred to in Article 66 of this
Constitution unless the Governor-General is satisfied that it will be
practicable to hold that election within seven days of the making of
the proclamation of emergency; and
(b) if the Governor-General
is so satisfied, he shall (instead of summoning the House so referred
to meet within five days of the making of the proclamation ) summon the
Houses of the new Parliament to meet as soon as practicable after the
holding of that election.
(4) A proclamation of
emergency shall, unless it is sooner revoked by the Governor-General,
cease to be in force at the expiration of a period of fourteen days
beginning on the date on which it was made or such longer period as may
be provided under paragraph (5) of this Article, but without prejudice
to the making of another proclamation of emergency at or before the end
of that period.
(5) If at any time while a
proclamation of emergency is in force (including any time while it is
in force by virtue of the provisions of this paragraph) a resolution is
passed by each House of Parliament approving its continuance in force
for a further period, not exceeding six months, beginning on the date
on which it would otherwise expire, the proclamation shall, if not
sooner revoked, continue in force for that further period.
Saving of existing law.
30.- (1) Subject to paragraph
(3) of this Article, nothing contained in or done under the authority
of any written law shall be held to be inconsistent with or in
contravention of any provision of Articles 16 to 27 (inclusive) of this
Constitution to the extent that the law in question-
(a) is a law (in this Article
referred to as "an existing law") that was enacted or made before 10th
July 1973 and has continued to be part of the law of The Bahamas at all
times since that day;
(b) repeals and re-enacts an existing law without alteration; or
(c) alters an existing law
and does not thereby render that law inconsistent with any provision of
the said Articles 16 to 27 (inclusive) in a manner in which, or to an
extent to which, it was not previously so inconsistent.
(2) In sub-paragraph (1)(c)
of this Article the reference to altering an existing law includes
references to repealing it and re-enacting it with modifications or
making different provisions in lieu thereof, and to modifying it; and
in paragraph 81) of this Article "written law" includes any instrument
having the force of law and in this paragraph and the said paragraph
(1) references to the repeal and re-enactment of an existing law shall
be construed accordingly.
(3) This Article does not
apply to any regulation or other instrument having legislative effect
made, or to any executive act done, after 9th July 1973 under the
authority of any such law as is mentioned in paragraph (1) of this
Article.
Interpretation.
31.- (1) In this Chapter-
"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 The Bahamas other than a court established
by a disciplinary law, and includes the Judicial Committee of Her
Majesty's Privy Council or any court substituted therefore by any law
made under Article 105 of this Constitution and-
(a) In Article 16, Article
18, Article 19, paragraphs (2), (3), (5), (8), (9) and (10) of Article
26 and paragraph (3) of Article 28 of this Constitution includes, in
relation to an offence against a disciplinary law, a court established
by such a law; and
(b) In Article 18, Article 19
and paragraph (3) of Article 28 of this Constitution includes, in
relation to an offence against a disciplinary law, any person or
authority empowered to exercise jurisdiction in respect of that offence;
"disciplinary law" means a law regulating the discipline of any disciplined force;
"disciplined force" means-
(a) a naval, military or air force;
(b) the Police Service of The Bahamas; or
(c) the Prison Service of The Bahamas; or
(d) any other force or service specified by Act of Parliament to be a disciplined force for the purposes of this Chapter;
"legal representative" means a person entitled to practice in The Bahamas as Counsel and Attorney of the Supreme Court;
"member" in relation to a
disciplined force includes any person who, under the law regulating the
discipline of that force, is subject to that discipline.
(2) Any reference in Articles
16, 19, 25 and 27 of this Constitution to a criminal offence shall be
construed as including an offence against disciplinary law, and any
such reference in paragraphs (2) to (7) (inclusive) of Article 20 of
this Constitution shall, in relation to proceedings before a court
constituted by or under disciplinary law, be construed in the same
manner.
(3) In relation to any person
who is a member of a disciplined force raise under a law of any country
other than The Bahamas and lawfully present in The Bahamas, 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 IV
THE GOVERNOR-GENERAL
Establishment of office of Governor-General.
32.-There shall be a
Governor-General of The Bahamas who shall be appointed by Her Majesty
and shall hold office during Her Majesty's pleasure and who shall be
Her Majesty's representative in The Bahamas.
Acting Governor-General.
33.- (1) Whenever the office
of Governor-General is vacant of the holder of the office is absent
from The Bahamas or is for any other reason unable to perform the
functions of his office, those functions shall be performed-
(a) by any person for the
time being designated by her Majesty in that behalf who is in The
Bahamas and able to perform those functions; or
(b) at any time when there is
no person in The Bahamas so designated and able to perform those
functions, by the holder of the office of Chief Justice; or
(c) at any time referred to
in sub-paragraph (b) of this paragraph when the office of Chief Justice
is vacant or the holder thereof is absent from The Bahamas or is for
any other reason unable to perform those functions, by the President of
the Senate.
(2) The holder of the office
of Governor-General or any person designated under sub-paragraph (1)(a)
of this Article or by sub-paragraph (1)(b) of this Article shall not,
for the purposes of this Article, be regarded as absent from The
Bahamas or as unable to perform the function of the office of
Governor-General at any time when there is a subsisting appointment of
a deputy under Article 34 of this Constitution.
Deputy to Governor-General.
34.- (1) Whenever the Governor-General-
(a) has occasion to be absent from The Bahamas for a period which he has reason to believe will be of short duration; or
(b) is suffering from an illness that he has reason to believe will be of short duration,
- he may, acting in
accordance with the advice of the Prime Minister, by instrument under
the Public Seal, appoint any person in The Bahamas to be his deputy
during such absence or illness and in that capacity to perform on his
behalf such of the function of the office of Governor-General as may be
specified in that instrument.
(2) The power and authority
of the Governor-General shall nor be abridged, altered or in any way
affected by the appointment of a deputy under this Article, and in the
exercise of any function that is exercisable by the Governor-General
acting in accordance with his own deliberate judgment or after
consultation with any person or authority a deputy shall conform to and
observe any instructions that the Governor-General, acting in like
manner, may address to him;
Provided
that the question whether or not a deputy has conformed to or observed
any such instruction shall not be inquired into in any court.
(3) A person appointed as a
deputy under this Article shall hold that appointment for such period
as may be specified in the instrument by which he is appointed, and his
appointment may be revoked at any time by the Governor-General acting
in accordance with the advice of the Prime Minister.
Personal staff of Governor-General.
35.- (1) Parliament may
prescribe the offices that are to constitute the personal staff of the
Governor-General, the salaries and allowances that are to be paid in
respect of the expenditure attaching to the office of Governor-General.
(2) Any salaries or other
sums prescribed under paragraph (1) of this Article are hereby charged
on and shall be paid out of the Consolidated Fund.
# Subject to the provisions
of paragraph (4) of this Article, power to make appointments to the
offices for the time being prescribed under paragraph (1) of this
Article as offices that are to constitute the personal staff of the
Governor-General, and to remove and to exercise disciplinary control
over persons holding or acting in any such office, is hereby vested in
the Governor-General acting in accordance with his own deliberate
judgment.
(3) The Governor-General,
acting in accordance with his own deliberate judgment, may appoint to
any of the offices prescribed under paragraph (1) of this Article such
public officers as he may select from a list submitted by the Public
Service Commission, but-
(a) the provisions of
paragraph (3) of this Article shall apply in relation to an officer so
appointed as respects his service on the personal staff of the
Governor-General but not as respects his service as a public officer;
(b) an officer so appointed
shall not during, continuance on the personal staff of the
Governor-General, perform the functions of any public office; and
(c) an officer so appointed
may at any time be appointed by the Governor-General, if the Public
Service Commission so recommend, to assume or resume the function of a
public office and he shall thereupon vacate his office on the personal
staff of the Governor-General, but the Governor-General may , in his
own deliberate judgment, decline to release the officer for that
appointment.
(4) All offices prescribed
under paragraph (1) of this Article as offices that are to constitute
the personal staff of the Governor-General shall, for the purposes of
Chapter VIII, be deemed to be public offices.
Public Seal.
36.-The Governor-General shall keep and use the Public Seal for sealing all things that shall pass the Public Seal.
Oaths to be taken by Governor-General.
37.- A person appointed to
the office of Governor-General or assuming the functions of that office
under Article 33 of this Constitution shall, before entering upon the
duties of that office, take and subscribe the oath of allegiance and an
oath for the due execution of the office of Governor-General in such
form as is prescribed by any law in force in The Bahamas, such oaths
being administered by the Chief Justice of such other Justice of the
Supreme Court as may be designated by the Chief Justice.
CHAPTER V
PARLIAMENT
Part 1
Composition of Parliament
Establishment of Parliament.
38.- There shall be a Parliament of The Bahamas which shall consist of Her majesty, a Senate and a House of Assembly.
Part 2
The Senate
Composition of Senate.
39.- (1) The Senate shall
consist of sixteen members (in this Constitution referred to as
"Senators") who shall be appointed by the Governor-General by
instrument under the Public Seal in accordance with the provisions of
this Article.
(2) Nine Senators shall be appointed by the Governor-General acting in accordance with the advice of the Prime Minister.
(3) Four Senators shall be
appointed by the Governor-General acting in accordance with the advice
of the Leader of the Opposition.
(4) Three Senators shall be
appointed by the Governor-General acting in accordance with the advice
of the Prime Minister after consultation with the Leader of the
Opposition.
(5) Whenever any person
vacates his seat as a Senator for any reason other than a dissolution
of Parliament, the Governor-General shall as soon as practicable
appoint a person to fill the vacancy under the same provisions of this
Article as those under which the person whose seat has became vacant
was appointed.
Purpose of appointment of certain Senators.
40.- In the exercise of the
functions conferred upon him by Article 39(4) of this Constitution, the
purpose of the Prime Minister shall be to secure that the political
balance of the Senate reflects that of the House of Assembly at the
time.
Qualification for appointment as Senator.
41.- Subject to the
provisions of Article 42 of this Constitution, a person shall be
qualified to be appointed as a Senator if, and shall not be qualified
to be so appointed unless, he is a citizen of The Bahamas, of the age
of thirty years or upwards and has ordinarily resided in The Bahamas
for a period of nor less tan one year immediately before the date of
his appointment.
Disqualifications for appointment as Senator.
42.- (1) No person shall be qualified to be appointed as a Senator who-
(a) is a citizen of a country other than The Bahamas having become such a citizen voluntarily;
(b) is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state;
(c) is disqualified for
membership of the Senate by any law in force in The Bahamas enacted in
pursuance of paragraph (2) of this Article;
(d) is a member of the House of Assembly;
(e) has been adjudged or otherwise declared bankrupt under any law in force in The Bahamas and has not been discharged;
(f) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in The Bahamas;
(g) is under sentence of
death imposed on him by a court in The Bahamas, 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 by such a court, or is
under such a sentence of imprisonment the execution of which has been
suspended;
(h) is disqualified for
membership of the House of Assembly by virtue of any law in force in
The Bahamas by reason of his having been convicted of any offence
relating to elections; or
(i) is interested in any
government contract and has not disclosed to the Governor-General the
nature of such contract and of his interest therein.
(2) Parliament may by law
provide that, subject to such exceptions and limitations (if any) as
may be prescribed therein, a person shall be disqualified for
membership of the Senate by virtue of-
(a) his holding or acting in
any office or appointment specified (either individually or by
reference to a class of office or appointment) by such law;
(b) his belonging to any
armed force of The Bahamas or to any class of person so specified that
is comprised in any such force; or
(c) his belonging to any police force of The Bahamas or to any class of person so specified that is comprised in any such force.
(3) For the purposes of sub paragraph (1)(g) of this Article-
(a) 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 sentence exceeds that term they
shall be regarded as one sentence; and
(b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.
Tenure of office of Senators.
43.- (1) The seat of a Senator shall became vacant-
(a) upon the next dissolution of Parliament after he has been appointed;
(b) if he resigns by writing
under his hand addressed to the President of the Senate, or, if the
office of President is vacant of the President is absent from The
Bahamas, to the Vice-President;
(c) if, with his consent, he is nominated as a candidate for election to the House of Assembly;
(d) if he is absent from The
Bahamas for a period exceeding forty days at any time when the Senate
is sitting, without the leave of the President given in accordance with
the provisions of paragraph (2) of this Article;
(e) if he ceases to be a citizen of The Bahamas;
(f) subject to the provisions
of paragraph (3) of this Article, if any circumstances arise that, if
he were not a Senator, would cause him to be disqualified for
appointment as such by virtue of sub-paragraph (a), (b), (c), (e), (f),
(g) or (h) of Article 42(1) of this Constitution or of any law enacted
in pursuance of Article 42(2) of this Constitution;
(g) in the case of a Senator
who was appointed as such in accordance with the advice of the Prime
Minister or in accordance with the advice of the Leader of the
Opposition or on the advice of the Prime Minister after consultation
with the Leader of the Opposition, if the Governor-General, acting in
accordance with the advice of the Prime Minister or in accordance with
the advice of the Leader of the Opposition or on the advice of the
Prime Minister after consultation with the Leader of the Opposition, as
the case may be, by instrument under the Public Seal, declares the seat
of that Senator to be vacant; or
(h) if he becomes interested in any government contract:
Provided that- (i) if in the
circumstances it appears to the Senate to be just so to do, the Senate
may exempt any Senator from vacating his seat under the provisions of
this sub-paragraph, if that Senator, before becoming interested in such
contract as aforesaid or as soon as practicable after becoming so
interested, discloses to the Senate the nature of such contract and his
interest therein;
(ii) if proceedings are taken
under a law made under Article 45 of this Constitution to determine
whether a Senator has vacated his seat under the provisions of this
sub-paragraph he shall be declared by the court not to have vacated his
seat if he establishes to the satisfaction of the court that he, acting
reasonably, was not aware that he was or had become interested in such
contract; and
(iii) no proceedings under
the preceding sub-paragraph shall be instituted by any person other
than a Senator or Member of the House of Assembly.
(2) The President of the
Senate may grant leave to any Senator to be absent from The Bahamas for
any period not exceeding six months at any one time. (3) If the
circumstances such as are referred to in sub-paragraph (1)(f) of this
Article arise because a Senator is under sentence of death or
imprisonment, adjudged to be of unsound mind, declared bankrupt or
convicted or reported guilty of a corrupt or illegal practice at
elections and if it is open to the Senator to appeal against the
decision (either with the leave of a court of other authority or
without such leave), he shall forthwith cease to perform his functions
as a senator but, subject to paragraph (4) of this Article, he shall
not vacate his seat until the expiration of a period of thirty days
thereafter:
Provided
that the President of the Senate may, at the request of the said
Senator, from time to time extend that period for further periods of
thirty days to enable the Senator to pursue an appeal against the
decision, so, however, that extensions of time exceeding in the
aggregate one hundred and fifty days shall not be given without the
approval signified by resolution, of the Senate.
(4) If, on the determination
of any appeal, such circumstances continue to exist and no further
appeal is open to the Senator, or if, by reason of the expiration of
any period for entering an appeal or notice thereof or the refusal of
leave to appeal of for any other reason, it ceases to be open to the
Senator to appeal, he shall forthwith vacate his seat.
(5) If at any time before the
Senator vacates his seat such circumstances as aforesaid cease to
exist, his seat shall not become vacant on the expiration of the period
referred to in paragraph (3) of this Article and he may resume the
performance of his functions as a Senator.
President and Vice-President.
44.- (1) When the Senate
first meets after this Constitution comes into operation or after any
general election and before it proceeds to the dispatch of any other
business, the Senate shall, in accordance with such procedure as may be
prescribed by the rules of procedure of the Senate, elect a Senator to
be President of the Senate; and, if the office of President falls
vacant at any time, the Senate shall, as soon as practicable, proceed
in like manner to fill the vacant office.
(2) When the Senate first
meets after this Constitution comes into operation or after any general
election and before it proceeds to the dispatch of any other business
except the election of the President it shall elect a Senator to be
Vice-President of the Senate; and if the office of Vice-President falls
vacant at any time, the Senate shall, as soon as practicable, elect a
Senator to that office.
(3) The Senate shall not
elect a Senator who is a Minister or Parliamentary Secretary to be the
President or Vice-President of the Senate.
(4) A person shall vacate the office of President or Vice-President of the Senate-
(a) if he ceases to be a Senator;
(b) if he is appointed to be a Minister or Parliamentary Secretary;
(c) if he announces the
resignation of his office to the Senate or if, by writing under his
hand addressed, in the case of the President, to the President (or, if
the office of President is vacant of the President is absent from The
Bahamas, to the Clerk), he resigns that office; or
(d) in the case of the Vice-President, if he is elected to be President.
(5) If, by virtue of Article
43(3) of this Constitution, the President or Vice-President is required
to cease to perform his functions as a Senator he shall also cease to
perform his functions as President or Vice-President, as the case may
be, and those functions shall, until he vacates his seat in the Senate
or resumes the performance of the functions of his office, be performed-
(a) in the case of the
President, by the Vice-President or, if the office of Vice-President is
vacant or the Vice-President is required to cease to perform his
functions as a Senator by virtue of Article 43(3) of this Constitution,
by such Senator (not being a Minister or Parliamentary Secretary) as
the Senate may elected for the purpose;
(b) in the case of the
Vice-President, by such Senator (not being a Minister or Parliamentary
Secretary) as the Senate may elect for the purpose.
(6) If the President or
Vice-President resumes the performance of his functions as a Senator in
accordance with the provisions of Article 43(5) of this Constitution,
he shall also resume the performance of his functions as President or
Vice-President, as the case may be.
Determination of questions as to membership.
45.- (1) The Supreme Court shall have jurisdiction to hear and determine any question whether-
(a) any person has been validly appointed as a Senator; or
(b) any Senator has vacated
his seat or is required under Article 43(3) of this Constitution to
cease to perform his functions as a Senator.
(2) Subject to the following
provisions of this Article and to the provisions of Article 43(1) of
this Constitution, Parliament may by law make provision with respect to-
(a) the institution of proceedings for the determination of any question referred to in paragraph (1) of this Article; and
(b) the powers, practice and
procedure of the Supreme Court in relation to any such proceedings. (3)
Proceedings for the determination of any question referred to in
paragraph (1) of this Article shall not be instituted except with the
leave of a Justice of the Supreme Court.
(4) No appeal shall lie from
the decision of a Justice of the Supreme Court granting or refusing
leave to institute proceedings in accordance with paragraph (3) of this
Article.
Part 3
House of Assembly
Composition of House of Assembly.
46.- (1) The House of
Assembly shall consist of thirty-eight members or such greater number
of members as may be specified by an Order made by the Governor-General
in accordance with the provisions of Article 70 of this Constitution.
(2) The members of the House
shall be known as "Members of Parliament" and shall be persons who,
being qualified for election as Members of Parliament in accordance
with the provisions of this Constitution, have been so elected in the
manner provided by any law in force in The Bahamas.
Qualifications for membership of House of Assembly.
47.- Subject to the
provisions of Article 48 of this Constitution a person shall be
qualified to be elected as a member of the House of Assembly if, and
shall not be qualified to be so elected unless, he-
(a) is a citizen of The Bahamas of the age of twenty-one years or upwards; and
(b) has ordinarily resided in
The Bahamas for a period of not less than one year immediately before
the date of his nomination for election.
Disqualifications for election as members of House of Assembly.
48.- (1) No person shall be qualified to be elected as a member of the House of Assembly who-
(a) is a citizen of a country other than The Bahamas having become such a citizen voluntarily;
(b) is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state;
(c) is disqualified for membership of the House of Assembly by any law enacted in pursuance of paragraph (2) of this Article;
(d) has been adjudged or otherwise declared bankrupt under any law in force in The Bahamas and has not been discharged;
(e) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in The Bahamas;
(f) is under sentence of
death imposed on him by a court in The Bahamas, 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 by such a court, or is
under such a sentence of imprisonment the execution of which has been
suspended;
(g) is disqualified for
membership of the House of Assembly by any law in force in The Bahamas
by reason of his holding, or acting in, any office the function of
which involve-
(i) any responsibility for, or in connection with, the conduct of any election; or
(ii) any responsibility for the compilation or revision of any electoral register;
(h) is disqualified for
membership of the House of Assembly by virtue of any law in force in
The Bahamas by reason of his having been convicted of any offence
relating to elections;
(i) is a Senator; or
(j) is interested in any
government contract and has not disclosed the nature of such contract
and of his interest therein by publishing a notice in the Gazette
within one month before the day of election.
(2) Parliament may by law
provide that, subject to such exceptions and limitations (if any) as
may be prescribed therein, a person shall be disqualified for member
ship of the House of Assembly by virtue of-
(a) his holding or acting in
any office or appointment specified (either individually or by
reference to a class of office or appointment) by such law;
(b) his belonging to any
armed force of The Bahamas or to any class or person so specified that
is comprised in any such force; or
(c) his belonging to any
police force or to any class of person that is comprised in any such
force. (3) For the purposes of sub-paragraph (1)(f) of this Article-
(a) two or more sentences of
imprisonment that are required to be served consecutively shall be
regarded as separate sentences if none of those sentence exceeds twelve
months, but if any one of such sentences exceeds that term they shall
be regarded as one sentence; and
(b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.
Tenure of office of members of House of Assembly.
49.- (1) Every member of the House of Assembly shall vacate his seat in the House- (a) upon a dissolution of Parliament;
(b) if he resigns it by
writing under his hand addressed to the Speaker or, if the office of
Speaker is vacant or the Speaker is absent from The Bahamas, to the
Deputy Speaker;
(c) 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;
(d) if he ceases to be a citizen of The Bahamas;
(e) subject to the provisions
of paragraph (2) of this Article, if any circumstances arise that, if
he were not a member of the House, would cause him to be disqualified
for election as such by virtue of sub-paragraph (a), (b), (c), (d),
(e), (f), (g), or (h) of Article 48(1) of this Constitution; or
(f) if he becomes interested in any government contract:
Provided that-
(i) if in the circumstances
it appears to the House or Assembly may exempt any member of the House
from vacating his seat under the provisions of this sub-paragraph, if
that member, before becoming interested in such contract as aforesaid
or as soon as practicable after becoming so interested, discloses to
the House the nature of such contract and his interest therein;
(ii) if proceedings are taken
under a law made under Article 51 of his Constitution to determine
whether a member of the House has vacated his seat under the provisions
of this sub-paragraph he shall be declared by the court not to have
vacated his seat if he establishes to the satisfaction of the court
that he, acting reasonably, was not aware that he was or had become
interested in such contract; and
(iii) no proceedings under
the preceding sub-paragraph shall be instituted by any person other
than a Senator or member of the House of Assembly.
(2) If circumstances such as
are referred to in sub-paragraph (1)(e) of this Article arise because
any member of the House is under sentence of death or imprisonment,
declared bankrupt, adjudged to be of unsound mind or convicted of a
offence relating to election and it is open to the member to appeal
against the decision (either with the leave of a court or other
authority or without such leave), he shall forthwith cease to perform
his function as a member of the House but, subject to paragraph (3) of
this Article, he shall not vacate his seat until the expiration of a
period of thirty days thereafter:
Provided
that the Speaker may, at the request of the member, from time to time
extend that period for further periods of thirty days to enable the
member to pursue an appeal against the decision, so, however, that
extensions of time exceeding in the aggregate one hundred any fifty
days shall not be given without the approval, signified by resolution,
of the House of Assembly.
(3) If, on the determination
any appeal, such circumstances continue to exist and no further appeal
is open to the member, or if, by reason of the expiration of any period
for entering an appeal or notice thereof or the refusal of leave to
appeal or of any other reason, it ceases to be open to the member to
appeal, he shall forthwith vacate his seat.
(4) If at any time before the
ember vacates his seat such circumstances as aforesaid cease to exist,
his seat shall not become vacant on the expiration of the period
referred to in paragraph 82) of this Article and he may resume the
performance of his function as a member of the House.
Speaker and Deputy Speaker.
50.- (1) When the House of
Assembly first meets after any general election and before it proceeds
to the dispatch of any other business, the House shall, in accordance
with such procedure as may be prescribed by the rules of procedure of
the House, elect from among the members who are not Ministers or
Parliamentary Secretaries one member to be the Speaker of the Assembly
and another member to be Deputy Speaker; and, if the office of Speaker
or Deputy Speaker falls vacant at any time before the next dissolution
of the House of Assembly, the House shall, as soon as practicable,
proceed in like manner to fill the vacant office.
(2) A person shall vacate the office of Speaker or Deputy Speaker-
(a) if he ceases to be a member of the House of Assembly:
Provided
that the Speaker shall to vacate his office by reason only that he has
ceased to be a member on a dissolution of Parliament, until the House
of Assembly first meets after that dissolution;
(b) if he is appointed to be a Minister or Parliamentary Secretary;
(c) if he announces the
resignation f his office to the House of Assembly or if, by writing
under his hand addressed, in the case of the Speaker, to the Clerk of
the House and, in the case of the Deputy Speaker, to the Speaker (or if
the office of Speaker is vacant or the Speaker is absent from The
Bahamas, to the Clerk),he resigns that office; or
(d) in the case of the Deputy Speaker, if he is elected to be Speaker.
(3) If by reason of Article
49(2) of this Constitution the Speaker or Deputy Speaker is required to
cease to perform his functions as a member of the House of Assembly, he
shall also cease to perform his function as Speaker or Deputy Speaker
and those functions shall, until he vacates his seat in the House or
resumes the performance of the functions to his office, be performed-
(a) in the case of the
Speaker, 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 of Assembly by virtue of Article
49(2) of this Constitution, by such member (not being a Minister or
Parliamentary Secretary) as the House may elect for the purpose;
(b) in the case of the Deputy
Speaker, by such member (not being a Minister or Parliamentary
Secretary) as the House may elect for the purpose.
(4) If the Speaker or Deputy
Speaker resumes the performance of his functions as a member of the
House in accordance with the provisions of Article 49(4) of this
Constitution, he shall also resume the performance of his functions as
Speaker or Deputy Speaker, as the case may be.
Determination of questions as to membership.
51.- (1) An Election Court,
consisting of two Justices to the Supreme Court appointed by the Chief
Justice or, if for any reason two such Justices are not available, one
such Justice and the Chief Magistrate or a Stipendiary and Circuit
Magistrate appointed by the Chief Justice, shall have jurisdiction to
hear and determine any question whether-
(a) any person has been validly elected as a member of the House of Assembly; or
(b) any member of the House
of Assembly has vacated his seat or is required, under the provisions
of Article 49(2) of this Constitution, to cease to perform his
functions as a member.
(2) Subject to the following
provisions of this Article and to the provisions of Article 49(1) of
this Constitution, Parliament may make or provide for the making or
provision, with respect to-
(a) the institution of proceedings for the determination of any question referred to in paragraph (1) of this Article; and
(b) the powers, practice and procedure of an Election Court in relation to any such proceedings.
(3) The determination by an Election Court of any question referred to in paragraph (1) of this Article shall be final.
(4) Proceedings for the
determination of any question referred to in paragraph (1) of this
Article shall not be instituted except with the leave of a Justice of
the Supreme Court.
(5) An appeal shall lie to
the Court or Appeal on a point of law from the decision of a Justice of
the Supreme Court granting or refusing leave to institute proceedings
in accordance with this Article , but, subject as aforesaid, that
decision shall be final.
Part 4
Powers and Procedure of Parliament
52.- (1) Subject to the
provisions of this Constitution, Parliament may make laws for the
peace, order and good government of The Bahamas.
(2) Subject to the provisions
of Articles 60, 61 and 62 of this Constitution, the power of Parliament
to make laws shall be exercised by Bills passed by both Houses, either
without amendment or with such amendments only as are agreed to by both
Houses, and assented to by the Governor General in accordance with
Article 63 of this Constitution.
Privileges of Parliament.
53.- (1) Without prejudice to
the generality of Article 52(1) of this Constitution and subject to the
provisions of paragraph (2) of this Article, Parliament may by law
determine the privileges, immunities and powers of the Senate and the
House of Assembly and the members thereof.
(2) No process issued by any
court in the exercise of its civil jurisdiction shall be served or
executed within the precincts of the Senate of the House of Assembly
while it is sitting, or through the President or the Speaker, the Clerk
or any other officer of either House.
Alteration of this Constitution.
54.- (1) Subject to the
provisions of this Article, Parliament may, bay an Act of Parliament
passed by both Houses, alter any of the provisions of this Constitution
or (in so far as it forms part of the law of the Bahamas) any of the
provisions of The Bahamas Independence Act, 1973.
(2) In so far as it alters-
(a) Articles 32, 33, 34, 35,
41, 42, 43, 47, 48, 49, 79, 107, 108, 109, 110, 111, 112, 113, 114,
115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 128, 129,
130, 131, 132, 133, 134, 135, or 136 of this Constitution; or
(b) Articles 127 or 137 of
this Constitution in their application to any of the provisions
specified in sub-paragraph (a) of this paragraph Bill for an Act of
Parliament under this Article shall not be passed by Parliament unless:-
(i) at the final voting
thereon in each House it is supported by the votes of not less than
two-thirds of all the members of each House, and
(ii) the Bill, after its
passage through both Hose, has been submitted to the electors qualified
to vote for the election of members of the House of Assembly and, on a
vote in such manner as Parliament may prescribe the majority of the
electors voting have approved the Bill.
(3) In so far as it alters-
(a) this Article; (b)
Articles 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18,
19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 38, 39, 40, 45, 46,
51, 52, 60, 61, 62, 65, 66, 67, 68, 69, 70, 71, 72, 93, 94, 95, 96, 97,
98, 99, 100, 101, 102, 103, 104, or 105 of this Constitution; or
(c) Articles 106, 127 or 137
of this Constitution in their application to any of the provisions
specified in sub-paragraphs (a) or (b) of this paragraph; or
(d) any of the provision of
the Bahamas Independence Act 1973, a Bill for an Act of Parliament
under this Article shall not be passed by Parliament unless: -
(i) at the final voting
thereon in each House it is supported by the votes of nor less than
three-quarters of all the members of each House, and
(ii) the Bill, after its
passage through both Houses has been submitted to the electors
qualified to vote for the elections of members of the House of Assembly
and, on a vote taken in such manner as Parliament may prescribe the
majority of the electors voting have approved the Bill.
(4) In this Article-
(a) references to any of the
provisions of this Constitution or the Bahamas Independence Act 1973
include references to any law that amends or replaces that provision;
and
(b) references to the
alteration of any of the provisions of this Constitution or The Bahamas
Independence Act 1973 include references to he amendment, modification
or re-enactment with of without amendment or modification, of that
provision, the suspension or repeal of that provision and the making of
a different provision in lieu of that provision,
(5) No Act of Parliament
shall be construed as altering this Constitution unless it is stated in
the Act that it is an Act for that purpose.
Regulation of procedure in Parliament.
55.- (1) Subject to the
provisions of this Constitution, each House may regulate its own
procedure and for this purpose may make rules of procedure.
(2) Each House may act
notwithstanding any vacancy in its membership, and the presence or
participation of any person not entitled to be present at or to
participate in the proceedings of the House shall to invalidate those
proceedings.
Presiding in the Senate and House of Assembly.
56.- (1) The President of the
Senate or, in his absence, the Vice-President or, if they are both
absent, a Senator (not being a Minister or Parliamentary Secretary)
elected by the Senate for that sitting shall preside at each sitting of
the Senate.
(2) The Speaker or, in his
absence, the Deputy Speaker or, if they are both absent, a member (not
being a Minister or Parliamentary Secretary) elected by the House for
that sitting shall preside at each sitting of the House of Assembly.
(3) References in this
Article to circumstances in which the President, Vice-President,
Speaker or Deputy Speaker is absent include references to circumstances
in which the office of President, Vice-President, Speaker or Deputy
Speaker is vacant.
Quorum.
57.- (1) If at any time
during a sitting of either House objection is taken by a member that
there is not a quorum present and, after such interval as may be
prescribed by the rules of procedure of that House the person presiding
ascertain that there is still not a quorum present, he shall thereupon
adjourn the Hose.
(2) For the purpose of this Article-
(a) a quorum of the Senate shall consist of six Senator including the person presiding; and
(b) a quorum of the House of
Assembly shall consist of ten members including the person presiding,
or of such greater number of members as may be specified by an Order
made by the Governor-General in accordance with the provisions of
Article 70 of this Constitution.
Voting.
58.- (1) >Save as is
otherwise provided in this Constitution, all questions proposed for
decision in either House shall be determined by a majority of the votes
of the members thereof present and voting.
(2) The person presiding in either House shall not vote-
(a) unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote; or
(b) except in the case of the
final vote on a Bill for an Act of Parliament under Article 54 of this
Constitution in which case he shall have an original vote.
Introduction of Bills, etc.
59.- (1) Subject to the
provisions of this Constitution and of the rules of procedure of the
Senate or the House of Assembly, as the case may be, any member of
either House may introduce any Bill or propose any motion for debate
in, or may present any petition to, that House, and the same shall be
debated and dispose of according to the rules of procedure of that
House.
(2) A bill other than a Money Bill may be introduced in either House, but a Money Bill shall not be introduced in the Senate.
(3) Except on the recommendation of the Cabinet signified by a Minister, the House of Assembly shall not-
(a) proceed upon any Bill
(including any amendment to a Bill) which, in the opinion of the person
presiding, makes provision for imposing or increasing any tax, for
imposing any charge on the Consolidated Fund or any other public fund
or altering any such charge otherwise than by reducing it or for
compounding or remitting any debt due to The Bahamas; or
(b) proceed upon any motion
(including any amendment to a motion) the effect of which, in the
opinion of the person presiding, is that provision shall be make for
any of the purposes aforesaid.
(4) The Senate shall not-
(a) proceed upon any Bill,
other than a Bill sent from the House of Assembly, or any amendment to
a Bill which, in the opinion of the Person presiding, makes provisions
for imposing or increasing any tax, for imposing any charge on the
Consolidated Fund or any other public fund or altering any such charge
otherwise than by reducing it or for compounding or remitting any debt
due to The Bahamas; or
(b) proceed upon any motion
(including any amendment to a motion) the effect of which, in the
opinion of the person presiding, is that provision shall be made for
any of the purposes aforesaid.
Restriction on powers of Senate as to Money Bills.
60.- (1) Subject to the
provisions of this Constitution, if a Money Bill, having been passed by
the House of Assembly and sent to the Senate at least one month before
the end of the session, is not passed by the Senate without amendment
within one month after it is sent to that House, the Bill shall, unless
the House of Assembly otherwise resolves, be present to the
Governor-General for his assent notwithstanding that the Senate has not
consented to the Bill.
(2) There shall be endorsed
on every Money Bill when it is sent to the Senate the certificate of
the Speaker signed by him that it is a Money Bill; and there shall be
endorsed on any Money Bill that is presented to the Governor-General
for assent in pursuance of paragraph (1) of this Article the
certificate of the Speaker signed by him that it is a Money Bill and
that the provisions of that paragraph have been complied with.
Restriction on powers of Senate as to Bills other than Money Bills.
61.- (1) If any Bill other
than a Money Bill is passed by the House of Assembly in two successive
sessions (whether or not Parliament is dissolved between those
sessions) and, having been sent to the Senate in each of those sessions
at least one month before the end of the session, is rejected by the
Senate in each of those sessions, that Bill shall, on its rejection for
the second time by the Senate, unless the House of Assembly otherwise
resolves, be presented to the Governor-General for assent
notwithstanding that the Senate has not consented to the Bill:
Provided
that the foregoing provisions of this paragraph shall not have effect
unless at least nine months have elapsed between the date on which the
Bill is passed by the House of Assembly in the first session and the
date on which it is passed by the House of Assembly in the second
session.
(2) For the purposes of this
Article a Bill that is sent to the Senate from the House of Assembly in
any session shall be deemed to be the same Bill as a former Bill sent
tot the Senate in the preceding session if, when it is sent tot the
Senate, it is identical with the former Bill or contains only such
alterations as are certified by the Speaker to be necessary owing to
the time that has elapse since the date of the former Bill or to
represent any amendments which have been made by the Senate in the
former Bill in the preceding session.
(3) The House of Assembly
may, if it thinks fit, on the passage through the House of a Bill that
is deemed to be the same Bill as a former Bill sent to the Senate in
the preceding session, suggest any amendments without inserting the
amendments in the Bill, and any such amendments shall be considered by
the Senate, and, if agreed to by the Senate, shall be treated as
amendments made by the Senate and agreed to by the House of Assembly;
but the exercise of this power by the House of Assembly shall not
affect the operation of this Article in the event of the rejection of
the Bill in the Senate.
(4) There shall be inserted
in any Bill that is presented to the Governor-General for assent in
pursuance of this Article any amendments that are certified by the
Speaker to have been made in the Bill by the Senate in the second
session and agreed to by the Assembly.
(5) There shall be endorsed
on any Bill that is presented to the Governor-General for assent in
pursuance of this Article the certificate of the Speaker signed by him
that the provisions of this Article have been complied with.
(6) The prisons of this
Article shall not apply to a Bill which is required by Article 54 of
this Constitution to be passed by both Hoses.
Provisions relating to Articles 59, 60 and 61.
62.- (1) In Articles 59,60
and 61 of this Constitution "Money Bill" means a public Bill which, in
the opinion of the Speaker, contains only provisions dealing with all
or any of the following matters, namely, the imposition, repeal,
remission, alteration or regulation of taxation; the imposition, for
the payment of debt or other financial purposes, of charges on the
Consolidated Fund or any other public funds or on monies provided by
Parliament or the variation or repeal of any such charges; the grant of
money to the Crow or to any authority or person, or the variation or
revocation of any such grant, the appropriation, receipt, custody,
investment, issue or audit of accounts of public money; the raising or
guarantee of any loan or the repayment thereof, of the establishment,
alteration, administration or abolition of any sinking fund provided in
connection with any such loan; or subordinate matters incidental to any
of the matters aforesaid; and in this paragraph the expressions
"taxation", "debt", "public fund", "public money", and "loan" do not
include any taxation imposed, debt incurred, fund or money provided or
loan raised by any local authority or body for local purposes.
(2) For the purposes of Article 61 of this Constitution, a Bill shall be deemed to be rejected by the Senate if-
(a) it is not passed by the Senate without amendment; or
(b) it is passed by the Senate with any amendment which is not agreed to by the House of Assembly.
(3) Whenever the office of
Speaker is vacant or the Speaker is for any reason unable to perform
any functions conferred upon him by paragraph (1) of this Article or by
Articles 60 or 61 of this Constitution, that function may be performed
by the Deputy Speaker.
(4) Any certificate of the
Speaker or Deputy Speaker given under Article 60 or 61 of this
Constitution shall be conclusive for all purposes and shall not be
questioned in any court.
Assent to Bills.
63.- (1) A Bill shall not
become law until the Governor-General has assented thereto in Her
Majesty's behalf and has signed it in token of such assent.
(2) Subject to the provisions
of Articles 60 and 61 of this Constitution, a Bill shall be presented
to the Governor-General for assent if, and shall not be so presented
unless, it has been passed by both Houses either without amendment or
without amendment or with such amendments only as are agreed to by both
Houses.
(3) Any Bill to which Article
54(2) or (3) of this Constitution applies shall be presented to the
Governor-General endorsed with certificates of the requisite majorities
in accordance with whichever of those paragraphs applies to the Bill,
and with a certificate of the Parliamentary Registrar that it has been
approved by the majority of the electors voting on the Bill.
(4) When a Bill is presented to the Governor-General for assent he shall signify that he assents of that he withholds assent.
Oaths of allegiance.
64.-No member of either House
shall take part in the proceedings thereof unless he has taken the oath
of allegiance in such manner as is prescribed by any law in force in
The Bahamas:
Provided
that the election of a President of the Senate or the election of a
Speaker of the House of Assembly may take place before the members of
the Senate or the House of Assembly, as the case may be, have taken
such oath.
Part 5
Summoning, Prorogation and Dissolution
Sessions of Parliament.
65.- (1) Each session of
Parliament shall be held at such place and commence at such time as the
Governor-General may by proclamation appoint.
(2) The time appointed for
the commencement of any session of Parliament shall be such that a
period of twelve months does not intervene between the end of one
session and the first sitting of Parliament in the next session.
Prorogation and dissolution of Parliament.
66.- (1) The
Governor-General, acting in accordance with the advice of the Prime
Minister, may at any time by proclamation prorogue Parliament.
(2) The Governor-General,
acting in accordance with the advice of the Prime Minister, may at any
time by proclamation dissolve Parliament:
Provided
that if the office of Prime Minister is vacant and the Governor-General
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
confidence of a majority of the members of the House of Assembly, he
shall dissolve Parliament.
(3) Subject to the provisions
of paragraph (4) of this Article, Parliament, unless sooner dissolved,
shall continue for five years from the date of its first sitting after
any dissolution and shall then stand dissolved.
(4) At any time when The
Bahamas is at war, Parliament may extend the period of five years
specified in paragraph (3) of this Article for not more than twelve
months at a time:
Provided that the life of Parliament shall not be extended under this paragraph for more than two years.
(5) If, between a dissolution
of Parliament and the next ensuing general election of members to the
House of Assembly, an emergency arises of such a nature that, in the
opinion of the Prime Minister, it is necessary for the two Houses or
either of them to be summoned before that general election can be held,
the Governor-General, acting in accordance with the advice of the Prime
Minister, may summon the thereupon be deemed (except for the purposes
of Article 67 of this Constitution) not to have been dissolved but
shall be deemed (except as aforesaid) to be dissolved on the date on
which the polls are held in the next ensuing general election.
General elections bye-elections and appointment of Senators.
67.- (1) After every
dissolution of Parliament the Governor-General shall issue writs for a
general election of members of the House of Assembly returnable within
ninety days from that dissolution.
(2) As soon as may be after
every general election the Governor-General shall proceed under Article
39 of this Constitution to the appointment of Senators.
(3) Whenever any person
vacates his seat as a member of the House of Assembly for any reason
other than a dissolution of Parliament, the Governor-General shall
issue a writ for the election of a member to fill the vacancy and such
election shall be held within sixty days after the occurrence of the
vacancy or, where the question whether a vacancy has occurred is
determined under Article 51 of this Constitution, after that
determination, unless Parliament is sooner dissolved to the date by
which Parliament will be dissolved under the provisions of Article 66
of this Constitution is less than four months after the occurrence of
the vacancy or, as the case may be, that determination.
Part 6
Delimitation of Constituencies
Constituencies.
68.- The Bahamas shall be
divided into thirty-eight constituencies or such greater number as may
be provided for by an Order made by the Governor-General in accordance
with the provisions of Article 70 of this Constitution and each such
constituency shall return one member to the House or Assembly.
Constituencies Commission.
69.- (1) There shall be a
Constituencies Commission for The Bahamas (in this and the next
following Article referred to as "the Commission")
(2) The Members of the Commission shall be-
(a) the Speaker who shall be Chairman;
(b) a Justice of the Supreme
Court who shall be Deputy Chairman and shall be appointed by the
Governor-General acting on the recommendation of the Chief Justice;
(c) two members of the House
of Assembly who shall be appointed by the Governor-General acting in
accordance with the advice of the Prime Minister; and
(d) one member of the House
of Assembly who shall be appointed by the Governor-General acting in
accordance with the advice of the Leader of the Opposition.
(3) The office of a member of the Commission shall become vacant-
(a) if he ceases to be the Speaker, a Justice of the Supreme Court or a member of the House of Assembly, as the case may be; or
(b) in the case of a member
appointed under sub-paragraph (2)(b), (c) or (d) of this Article, if
his appointment is revoked by the Governor-General.
(4) If the office of a member
of the Commission, appointed under sub-paragraph (2)(b), (c) or (d) of
this Article is vacant or any such member is for any reason unable to
perform the functions of his office, the Governor-General may appoint a
person qualified for appointment under the said sub-paragraph (b), (c)
or (d), as the case may be, to act in the office of that member and any
person so appointed may continue so to act until his appointment is
revoked.
(5) In revoking the
appointment of a member of the Commission under sub-paragraph (3)(b) of
this Article, and in making or revoking an appointment to act in the
office of a member of the Commission under paragraph (4) of this
Article, the Governor-General shall act in the same manner as he would
act if he were making an appointment to the office of that member under
paragraph (2) of this Article.
(6) Any decision of the Commission shall require the concurrence of not less than three members of the Commission.
(7) Subject to the provisions
of paragraph (6) of this Article, the Commission may act
notwithstanding a vacancy in its membership, and no proceedings of the
Commission shall be invalidated by reason only that some person not
entitled to do so has taken part in them.
Procedure for review of constituencies.
70.- (1) The Commission shall
in accordance with the provisions of this Article, at intervals of not
more than five years, review the number and boundaries of the
constituencies into which The Bahamas is divided and shall submit to
the Governor-General a single report either-
(a) stating that in the opinion of the Commission, no change is required; or
(b) recommending certain changes,
and the Governor-General shall cause such report to be laid before the House of Assembly forthwith.
(2) In carrying out a review
for the purposes of this Article, the Commission shall be guided by the
general consideration that the number of voters entitled to vote for
the purposes of electing every member of the House of Assembly shall,
so far as is reasonably practicable, be the same and the need to take
account of special consideration such as the needs of sparsely
populated areas, the practicably of elected members maintaining contact
with electors in such areas, size, physical features, natural
boundaries and geographical isolation.
(3) When the Commission
intends to proceed under paragraph (1) of this Article, it shall, by
notice in writing, inform the Prime Minister, who shall cause a copy of
the notice to be published in the Gazette.
(4) As soon as may be after
the Commission has submitted a report recommending changes in the
boundaries of any constituencies, the Prime Minister shall lay before
the House of Assembly for its approval a draft of an Order by the
Governor-General for giving effect, whether with or without
modifications, to the recommendations contained in the report, and that
draft may make provision for any matters (including variation of the
quorum specified in Article 57 of this Constitution) which appear to
the Prime Minister to be incidental to or consequential upon the other
provisions of the draft.
(5) Where any draft Order
laid under this Article would give effect to any such recommendations
with modifications, the Prime Minister shall lay before the House of
Assembly together with the draft a statement of the reasons for the
modifications.
(6) If the motion for the
approval of any draft Order laid under this Article is rejected by the
House of Assembly, or is withdrawn by leave of the House, an amended
draft shall be laid without undue delay by the Prime Minister before
the House of Assembly.
(7) If any draft Order laid
under this Article is approved by resolution of the House of Assembly,
the Prime Minister shall submit it tot he Governor-General who shall
make an order (which shall be published in the Gazette) in terms of the
draft; and that Order shall come into force on such day as may be
specified therein and, until revoked by a further Order made by the
Governor-General in accordance with the provisions of this Article,
shall have the force of law in The Bahamas:
Provided that the coming into
force of any such Order shall not affect any election to the House of
Assembly until a proclamation is made by the Governor-General
appointing the date for the holding of a general election of members of
the House of Assembly or affect the constitution of the House of
Assembly then in being.
(8) Save as provided in the
next following paragraph the question of the validity of nay Order by
the Governor-General purporting to be made under his Article and
reciting that a draft thereof has been approved by resolution of the
House of Assembly shall not be inquired into in any court of law.
(9) Parliament may by law
provide for an appeal to the Supreme Court against a statement or
recommendation submitted by the Commission in pursuance of
sub-paragraph (1)(a) or (b) of this Article.
CHAPTER VI
THE EXECUTIVE
Executive Authority.
71.-
1. The executive authority of The Bahamas is vested in Her Majesty.
2. Subject to
the provisions of this Constitution, the executive authority of The
Bahamas may be exercised on behalf of Her Majesty by the
Governor-General, either directly or through officers subordinate to
him.
3. Nothing in
this Article shall prevent Parliament from conferring functions on
persons or authorities other than the Governor-General.
The Cabinet.
72.-
1. There shall
be a Cabinet for The Bahamas which shall have the general direction and
control of the government of The Bahamas and shall be collectively
responsible thereof to Parliament.
2. The Cabinet
shall consist of the Prime Minister and not less than eight other
Ministers (of whom one shall be the Attorney-General), as may be
appointed in accordance with the provisions of Article 73 of this
Constitution.
Appointment of Ministers.
73.-
1. Whenever
there shall be occasion for the appointment of a Prime Minister, the
Governor-General shall appoint as Prime Minister-
1. the member of the House of Assembly who is the leader of the party
which commands the support of the majority of the members of that
House, or
2. if it appears to him that party does not have an undisputed leader
in that House or that no party commands the support of such a majority,
the member of the House of Assembly who, in his judgment, is most
likely to command the support of the majority of members of that House,
- and who is willing to accept the office of Prime Minister.
2. Subject to
the provisions of paragraph (3) of this Article, the Ministers other
than the Prime Minister shall be such persons as the Governor-General,
acting in accordance with the advice of the Prime Minister, shall
appoint from among the Senators and the members of the House of
Assembly.
3. If the
Attorney-General is appointed from among the members of the House of
Assembly, not more than three Ministers shall be appointed from among
the Senators, and if the Attorney-General is appointed from among the
Senators, not more than two other Ministers shall be appointed from
among the Senators.
4. If occasion
arises for making an appointment to the office of Prime Minister while
Parliament is dissolved, a person who was a member of the House of
Assembly immediately before the dissolution may, notwithstanding any
other provision of this Article, be appointed as Prime Minister.
5. If occasion
arises for making an appointment to the office of any other Minister
while Parliament is dissolved, a person who, immediately before the
dissolution, was a Senator or a member of the House of Assembly may,
subject to the provisions of paragraph (3) of this Article, be
appointed as a Minister.
Tenure of office of Ministers.
74.-
1. If the House
of Assembly passes a resolution, supported by the votes of a majority
of all the members of the House, declaring that it has no confidence in
the Prime Minister and the Prime Minister does not within seven days of
the passing of such a resolution either resign or advise the
Governor-General to dissolve Parliament, the Governor-General shall
revoke the appointment of the Prime Minister.
2. The Prime Minister shall also vacate his office-
1. if at any time between the holding of a general election and the
first sitting of the House of Assembly thereafter he is informed by the
Governor-General that the Governor-General in pursuance of Article
73(1) of this Constitution is about to re-appoint him as Prime Minister
or to appoint another person as Prime Minister; or
2. if for any reason other than a dissolution of Parliament he ceases
to be a member of the House of Assembly.
3. A Minister other than the Prime Minister shall vacate his office-
1. when any person is appointed or re-appointed as Prime Minister;
2. if for any reason other than a dissolution of Parliament he cases to
be a member of the House from among the members of which he was
appointed; or
3. if his appointment is revoked by the Governor-General acting in
accordance with the advice of the Prime Minister.
4. If at any
time the Prime Minister is required under the provisions of paragraphs
(2), (3) and (4) of Articles 49 of this Constitution to cease to
perform his function as a member of the House of Assembly, he shall
cease during such time to perform any of his functions as Prime
Minister.
5. If at any
time a Minister other than the Prime Minister is required under the
provisions of paragraphs (3), (4) and (5) of Article 43 or paragraphs
(2), (3) and (4) of Article 49 of this Constitution to cease to perform
his functions as a member of the House to which he belongs, he shall
cease during such time to perform any of his functions as a Minister.
Performance of functions of Prime Minister during absence, illness or suspension.
75.-
1. Whenever the
Prime Minister is absent from The Bahamas or is unable by reason of
illness or of the provisions of paragraph (4) or Article 74 of this
Constitution to perform the functions conferred upon him by this
Constitution, the Governor-General may authorize some other member of
the Cabinet to perform those functions (other than the function
conferred by this Article) and that member may perform those functions
until his authority is revoked by the Governor-General.
2. The powers of
the Governor-General under this Article shall be exercised by him in
accordance with the advice of the Prime Minister:
Provided that if the Governor-General considers that it is
impracticable to obtain the advice of the Prime Minister owing to his
absence or illness, or if the Prime Minister is unable to tender advice
by reason of the provisions of paragraph (4) of Article 74 of this
Constitution, the Governor-General may exercise those powers without
the advice of the Prime Minister.
Temporary Ministers.
76.-
1. Whenever a
Minister other than the Prime Minister is unable, by reason of his
illness or absence from The Bahamas or absence from his duties on
leave, to perform the functions of his office, the Governor-General
may, in writing, authorize another Minister to perform those functions
or appoint a person to be a temporary Minister:
Provided that if occasion arises for the making of an appointment
between a dissolution of Parliament and the next following general
election, the preceding provisions of this Article shall have effect
for the purpose as if Parliament had not been dissolved.
2. Subject to
the provisions of Article 74 of this Constitution, a temporary Minister
shall hold office until he is notified by the Governor-General in
writing that the Minister on account of whose inability to perform the
function of his office he was appointed is again able to perform those
functions of that Minister vacates his office.
3. The Power
conferred on the Governor-General by this Article shall be exercised by
him in accordance with the advice of the Prime Minister.
Allocation of Portfolios to Ministers.
77.- The Governor-General,
acting in accordance with the advice of the Prime Minister, may, by
directions in writing, charge the Prime Minister or any other Minister
wit responsibility for any business of the Government of The Bahamas,
including the administration of any department of Government:
Provided that a Minister appointed from among members of the House of Assembly shall be charged with responsibility for finance.
Functions of Attorney-General
78.-
1. The Attorney-General shall have power in any case in which he considers it desirable so to do-
1. to institute and undertake criminal proceedings against any person
before any court in respect of any offence against the law of The
Bahamas;
2. to take over and continue any such criminal proceedings that may
have been instituted by any other person or authority; and
3. to discontinue, at any stage before judgment is delivered, any such
criminal proceedings instituted or undertaken by himself or any other
person or authority.
2. The powers
conferred upon the Attorney-General under paragraph (1) of this Article
may be exercised by him in person or through other persons acting under
and in accordance with his general or special instructions.
3. The powers
conferred upon the Attorney-General by sub-paragraphs (1) (b) and (c)
of this Article shall be vested in him to the exclusion of any other
person or authority:
Provided that, where any other person or authority has instituted
criminal proceedings, nothing in this Article shall prevent the
withdrawal of those proceedings by or at the instance of that person or
authority at any stage before the person against whom the proceedings
have been instituted has been charged before the court.
4. In the
exercise of powers conferred upon him by this Article the
Attorney-General shall not be subject to the direction or control of
any other person or authority.
5. For the
purposes of this Article, any appeal from any determination in any
criminal proceedings before any court or any case stated or question of
law reserved for the purpose of any such proceedings to any other court
shall be deemed to be part of those proceedings.
Exercise of Governor-General's powers.
79.-
1. The
Governor-General shall, in the exercise of his functions, act in
accordance with the advice of the Cabinet or a Minister acting under
the general authority of the Cabinet, except in cases where by this
Constitution or any other law he is required to act in accordance with
the recommendation or advice of, of with the concurrence of, or after
consultation with, any person or authority other than the Cabinet:
Provided that the Governor-General shall act in accordance with his own
deliberate judgment in the performance of the following functions-
1. in the exercise of the power to appoint the Prime Minister conferred
upon him by paragraphs (1) or (4) of Article 73 of this Constitution;
2. in the exercise of the powers conferred upon him by Article 75 of
this Constitution (which relates to the performance of the functions of
the Prime Minister during absence, illness or suspension) in the
circumstances described in the proviso to paragraph (2) of that Article;
3. in the exercise of the power to appoint the Leader of the Opposition
and to revoke any such appointment conferred upon him by Article 82 of
this Constitution;
4. in the exercise of the power conferred on him by Article 83(a) of
this Constitution during any vacancy in the office of Leader of the
Opposition;
5. in the exercise of the power to dissolve Parliament conferred upon
him by the proviso to Article 66(2) of this Constitution;
6. in removing a Justice of the Supreme Court from office under Article
96(5) of this Constitution;
7. in removing a Justice of Appeal from office under Article 102(5) of
this Constitution;
8. in the powers relating to appointment, removal and disciplinary
control over members of his personal staff, conferred on him by Article
35 of this Constitution.
2. Where the
Governor-General is directed to exercise any function on the
recommendation of any person or authority, he shall exercise that
function in accordance with such recommendation:
1. Provided that- before he acts in accordance therewith, he may,
acting in accordance with his own deliberate judgment, once refer that
recommendation back for reconsideration by the person or authority
concerned; and
2. if that person or authority, having reconsidered the original
recommendation under sub-paragraph (a) of this proviso, substitutes
thereof a different recommendation, the provisions of this paragraph
shall apply to that different recommendation as they apply to the
original recommendation.
3. Where the
Governor-General is directed to exercise any function after
consultation with any person or authority he shall not be obliged to
exercise that function in accordance with the advice or recommendation
of that person or authority.
4. Where the
Governor-General is directed to exercise any function on the
recommendation or advice of, or with the concurrence of, or after
consultation with, any person or authority, the question whether he has
so exercised that function shall not be inquired into in any court.
5. Where the
Governor-General is directed to exercise any function on the
recommendation of the Prime Minister after consultation with the Leader
of the Opposition, the following steps shall be taken-
1. the Prime Minister shall first consult the Leader of the Opposition
and thereafter tender his recommendation to the Governor-General;
2. the Governor-General shall then inform the Leader of the Opposition
of that recommendation and if the Leader of the Opposition concurs
therein the Governor-General shall act in accordance with the
recommendation;
3. if the Leader of the Opposition does not concur in the prime
Minister and refer the recommendation back to him;
4. the Prime Minister shall then advice the Governor-General and the
Governor-General shall act in accordance with that advice.
6. Any reference
in this Constitution to the functions of the Governor-General shall be
construed as a reference to his powers and duties in the exercise of
the executive authority of the Bahamas and to any other powers and
duties conferred or imposed on him as Governor-General by or under this
Constitution or any other law.
Governor-General to be informed concerning matters of Government.
80.- The Prime Minister shall
keep the Governor-General fully informed concerning the general conduct
of the government of The Bahamas and shall furnish the Governor-General
with such information as he may request with respect to any particular
matter relating to the government of The Bahamas.
Parliamentary Secretaries.
81.-
1. The
Governor-General, acting in accordance with the advice of the Prime
Minister, may appoint Parliamentary Secretaries from among the Senators
and the members of the House of Assembly 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 Senator or a member of the
House of Assembly immediately before the dissolution may be appointed
as a Parliamentary Secretary.
2. The office of a Parliamentary Secretary shall become vacant-
1. it for any reason of the than a dissolution of Parliament he ceases
to be a member of the House from among the members of which he was
appointed;
2. upon the appointment or re-appointment of any person as Prime Minister; or
3. if the Governor-General, acting in accordance with the advice of the
Prime Minister, so directs.
Leader of the Opposition.
82.-
1. There shall be a Leader of the Opposition who shall be appointed by the Governor-General.
2. Whenever
there shall be occasion for the appointment of a Leader of the
Opposition, the Governor-General shall appoint the member of the House
of Assembly who, in his judgment, is best able to command the support
of the majority of the members of the House in opposition of the
Government; or if there is no such persons, the member of the House
who, in his judgment, commands the support of that largest single group
of members in opposition to the Government who are prepared to support
one leader:
Provided that this paragraph shall have effect in relation to any
period between a dissolution of Parliament and the day on which the
next election of members the House of Assembly is held as if Parliament
had not been dissolved.
3. The Leader of the Opposition shall vacate his office if-
1. after an election of members of the House of Assembly following any
dissolution of Parliament he is informed by the Governor-General that
the Governor-General is about to appoint another person as Leader of
the Opposition;
2. for any reason other than a dissolution of Parliament he ceases to
be a member of the House of Assembly;
3. under the provisions of paragraphs (2), (3) and (4) of Article 49 of
this Constitution he is required to cease to perform his functions as a
member of the House of Assembly; or
4. his appointment is revoked under the provisions of paragraph (4) of
this Article.
4. If in the
judgment of the Governor-General the Leader of the Opposition is no
longer the member of the House of Assembly best able to command the
support of the majority of members of the House in opposition to the
Government or the member of the House who commands the support of the
largest single group of members in opposition to the Government who are
prepared to support one leader, the Governor-General shall revoke the
appointment of the Leader of the Opposition.
5. Paragraph (4) of this Article shall not have effect while parliament is dissolved.
Certain vacancies in office of Leader of the Opposition.
83.- 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 in accordance with
this Constitution for, and willing to accept appointment to, that
office, the Governor-General shall-
1. act in
accordance with his own deliberate judgment in the exercise of any
function in respect of which it is provided in this Constitution that
the Governor-General shall act on the recommendation of the Prime
Minister after consultation with the Leader of the Opposition.
Oaths to be taken by Ministers, etc.
84.- A Minister or
Parliamentary Secretary shall not enter upon the duties of his office
unless he has taken and subscribed the oath of allegiance and such oath
for the due execution of his office as may be prescribed by Parliament.
Leave of absence for Ministers, etc.
85.- The Governor-General,
acting in accordance with the advice of the Prime Minister, may grant
leave of absence from his duties to any Minister or Parliamentary
Secretary.
Summoning of and presiding in Cabinet.
86.-
1. The Cabinet shall not be summoned except by that authority of the Prime Minister.
2. The Prime
Minister shall, so far as is practicable, attend and preside at all
meetings of the Cabinet and in his absence such other Minister shall
reside as the Prime Minister shall appoint.
Quorum.
87.-
1. No business
shall be transacted at any meeting of the Cabinet if there are present
at the meeting less than a majority of the members for the time being
of the Cabinet.
2. Subject to
paragraph (1) of this Article, the Cabinet shall not be disqualified
for the transaction of business by reason of any vacancy in the
membership of the Cabinet (including any vacancy nor filled when the
Cabinet is first constituted or is reconstituted at any time) and the
validity of the transaction of business in the Cabinet shall to be
affect by reason only of the fact that some person who was not entitled
so to do took part in those proceedings.
Permanent Secretaries.
88.- Where any Minister has
been charged with responsibility for any department of Government, he
shall exercise general direction and control over that department; and,
subject to such direction and control, the department shall be under
the supervision of a public officer (in this Constitution referred to
as a Permanent Secretary) appointed for the purpose:
Provided that two or more Government departments may be placed under the supervision of one Permanent Secretary.
Constitution of offices, etc.
89.- Subject to the provision
of this Constitution and of any Act of Parliament, the Governor-General
may constitute offices for The Bahamas, make appointments to any such
office and terminate any such appointment.
Powers of pardon, etc.
90.-
1. The Governor-General may in Her Majesty's name and on Her Majesty's behalf-
1. grant to any person convicted of any offence against the law of The
Bahamas a pardon, either free or subjected to lawful conditions;
2. grant to any persons a respite, either indefinite or for a specified
period, from the execution of any punishment imposed on that person for
such an offence;
3. substitute a less severe form of punishment for that imposed by any
sentence for such an offence; or
4. remit the whole or any part of any sentence passed for such an
offence o any penalty or forfeiture otherwise due to Her Majesty on
account of such an offence.
2. The power of
the Governor-General under paragraph (1) of this Article shall be
exercised by him in accordance with the advice of a Minister designated
by him, acting in accordance with the advice of the Prime Minister.
Advisory Committee on Prerogative of Mercy.
91.- There shall be an Advisory Committee on the Prerogative of Mercy which shall consist of-
1. the Minister referred to in paragraph (2) of Article 90 of this Constitution, who shall be Chairman;
2. the Attorney-General; and
3. not less than three or more than five other members appointed by the Governor-General.
Functions of Advisory Committee.
92.-
1. Where an
offender has been sentenced to death by any court for an offence
against the law of The Bahamas, the Minister shall cause a written
report of the case from the trial Justice of the Supreme Court,
together with such other information derived from the record of the
case or elsewhere as the Minister may require, to be taken into
consideration at a meeting of the Advisory Committee.
2. The Minister
may consult with the Advisory Committee before tendering any advice to
the Governor-General under paragraph (2) of Article 90 of this
Constitution in any case not falling within paragraph (1) of this
Article.
3. The Minister shall not be obliged in any case to act in accordance with the advice of the Advisory Committee.
4. The Advisory Committee may regulate its own procedure.
5. In this
Article "the Minister" means the Minister referred to in paragraph (2)
of Article 90 of this Constitution.
CHAPTER VII
THE JUDICATURE
Part 1
The Supreme Court
Establishment of Supreme Court.
93.-
1. There shall
be a Supreme Court for The Bahamas which shall have such jurisdiction
and powers as may be conferred upon it by this Constitution or any
other law.
2. The Justices
of the Supreme Court shall be the Chief Justice and such number of
other Justices as may be prescribed by Parliament.
3. No office of Justice of the Supreme Court shall be abolished while there is a substantive holder thereof.
4. The Supreme
Court shall be a superior court of record and, save as otherwise
provided by Parliament, shall have all the powers of such a court.
Appointment of Justices of Supreme Court.
94.-
1. The Chief
Justice shall be appointed by the Governor-General by instrument under
the Public Seal on the recommendation of the Prime Minister after
consultation with the Leader of the Opposition.
2. The other
Justices of the Supreme Court shall be appointed by the
Governor-General by instrument under the Public Seal acting on the
advice of the Judicial and Legal Service Commission.
3. The
qualifications for appointment as a Justice of the Supreme Court shall
be such as may be prescribed by any law for the time being in force:
Provided that a person who has been appointed as a Justice of the
Supreme Court may continue in office notwithstanding any subsequent
variations in the qualifications so prescribed.
Acting Justices.
95.-
1. If the office
of Chief Justice is vacant or if the Chief Justice is for any reason
unable to perform the functions of his office, then, until a person has
been appointed to that office and assumed those functions, they shall
be performed by such other person, qualified under paragraph (3) of
Article 94 of this Constitution for appointment as a Justice, as the
Governor-General, acting in accordance with the advice of the Prime
Minister may appoint for that purpose by instrument under the Public
Seal.
2. If the office
of a Justice of the Supreme Court is vacant, or if any such Justice is
anointed to act as Chief Justice or as a Justice of Appeal, or is for
any reason unable to perform the functions of this office, the
Governor-General, acting on the advice of the Judicial and Legal
Service Commission, may by instrument under the Public Seal appoint a
person qualified under paragraph (3) of Article 94 of this Constitution
for appointment as a Justice to act as a Justice of the Supreme Court,
and any person so appointed shall, subject to the provisions of
paragraph (5) of Article 96 of this Constitution, continue to act for
the period of his appointment or, if no such period is specified, until
his appointment is revoked by the Governor-General acting on the advice
of the Judicial and Legal Service Commission.
3. Any person
appointed to act as a Justice under the provisions of this Article may,
notwithstanding that the period of his appointment has expired or his
appointment has been revoked, sit as a Justice for the purpose of
delivering judgment or doing any other thing in relation to proceedings
which were commenced before him while he was so acting.
Tenure of office of Justices of Supreme Court.
96.-
1. Subject to
the provisions of paragraphs (4) to (7) (inclusive) of this Article, a
Justice of the Supreme Court shall hold office until he attains the age
of sixty-five years:
Provided that the Governor-General, acting on the recommendation of the
Prime Minister after consultation with the Leader of the Opposition,
may permit a Justice who attains the age of sixty-five years to
continue in office until he has attained such later age, not exceeding
sixty-seven years, as may (before the Justice has attained the age of
sixty-five years) have been agreed between them.
2.
Notwithstanding that he has attained the age at which he is required by
or under the provisions of this Article to vacate his office, a person
holding the office of Justice of the Supreme Court may, with the
permission of the Governor-General, acting in accordance with the
advice of the Prime Minister, continue in office for such period after
attaining that age as may be necessary to enable him to deliver
judgment or to do any other thing in relation to proceedings that were
commenced before him before he attained that age.
3. Nothing done
by a Justice of the Supreme Court shall be invalid by reason only that
he has attained the age at which he is required by this Article to
vacate his office.
4. A justice of
the Supreme Court may be removed from office only for inability to
discharge the functions of his office (whether arising from infirmity
of body or mind or nay other cause) or for misbehavior, and shall not
be so removed except in accordance with the provisions of paragraph (5)
of this Article.
5. A Justice of
the Supreme Court shall be removed from office by the Governor-General
by instrument under the Public Seal if the question of the removal of
that Justice from office has, at the request of the Governor-General,
made in pursuance of paragraph (6) of this Article, been referred by
Her Majesty to the Judicial Committee of Her Majesty's Privy Council
and the Judicial Committee has advised her Majesty that the Justice
ought to be removed from office for inability as aforesaid or for
misbehavior.
6. If the Prime
Minister (in the case of the Chief Justice) or the Chief Justice after
consultation with the Prime Minister (in the case of any other Justice)
represents to the Governor-General that the question of removing a
Justice of the Supreme Court from office for inability as aforesaid of
for misbehavior ought to be investigated, then-
1. the Governor-General shall appoint a tribunal, which shall consist
of a Chairman and not less than two other members, selected by the
Governor-General acting in accordance with the advice of the Prime
Minister (in the case of the Chief Justice) or of the Chief Justice (in
the case of any other Justice) from among persons who hold or have held
high judicial office;
2. that tribunal shall inquire into the matter and report on the facts
thereof to the Governor-General and recommend to the Governor-General
whether he should request that the question of the removal of that
Justice should be referred by Her Majesty to the Judicial Committee; and
3. if the tribunal so recommends, the Governor-General shall request
that the question should be referred accordingly.
7. The
provisions of the Commissions of Inquiry Act(a) as in force immediately
before the appointed day shall, subject to the provisions of this
Article, apply as nearly as may be in relation to tribunals appointed
under paragraph (6) of this Article or, as the context may require, to
the members thereof as they apply in relation to the Commissions or
Commissioners appointed under that Act, and for that purpose shall have
effect as if they formed part of this Constitution.
8. If the
question of removing a Justice of the Supreme Court from office has
been referred to a tribunal appointed under paragraph (6) of this
Article, the Governor-General, acting in accordance with the advice of
the Prime Minister (in the case of the Chief Justice) or of the Chief
Justice after the Chief Justice has consulted with the Prime Minister
(in the case of any other Justice), may suspend the Justice from
performing the function of his office.
9. Any such
suspension may at any time be revoked by the Governor-General, acting
in accordance with the advice of the Prime Minister or the Chief
Justice (as the case may be), and shall in any case cease to have
effect-
1. if the tribunal recommends to the Governor-General that he should
not request that the question of the removal of the Justice from office
should be referred by Her Majesty to the Judicial Committee; or
2. the Judicial Committee advises Her Majesty that the Justice ought
not to be removed from office.
10. The Provisions of
this Article shall be without prejudice to the provisions of paragraph
(2) of Article 95 of this Constitution.
Oaths to be taken by Justices of Supreme Court.
97.- A Justice of the Supreme
Court shall not enter upon the duties of his office unless he has taken
and subscribed the oath of allegiance and a judicial oath in such form
as is prescribed by any law in force in The Bahamas.
Part 2
Court or Appeal
Establishment of Court of Appeal.
98.-
1. There shall
be a Court of Appeal for The Bahamas which shall have such jurisdiction
and powers as may be conferred upon it by this Constitution or any
other law.
2. The Justices of Appeal of the Court of Appeal shall be-
1. a President;chanroblesvirtualawlibrary
2. the Chief Justice by virtue of his office as head of the Judiciary
but who, however, shall not sit in the Court of Appeal, unless he has
been invited so to sit by the President of the Court; and
3. such number of other Justices of Appeal as may be prescribed by Parliament.
3. No office of Justice of Appeal shall be abolished while there is a substantive holder thereof.
4. The Court of
Appeal shall be a superior court of record and, save as otherwise
provided by Parliament, shall save all the powers of such a court.
Justice of the Court of Appeal.
99.-
1. The President
of the Court of Appeal and other Justices of Appeal shall be appointed
by the Governor-General by instrument under the Public Seal on the
recommendation of the Prime Minister after consultation with the Leader
of the Opposition.
2. The
qualifications for appointment as a Justice of Appeal may continue in
office notwithstanding any subsequent variations in the qualifications
so prescribed.
Other arrangements for appeals.
100.-
1. Notwithstanding anything contained in this Part of this Chapter, Parliament may make provisions-
1. for implementing arrangements made between the Government of The
Bahamas and the Government or Governments of any other part or parts of
the Commonwealth relating to the establishment of a court of appeal to
be shared by The Bahamas with that part or those parts of the
Commonwealth, and for the hearing and determination by such a court of
appeal of appeals from decisions of any court in The Bahamas; or
2. for the hearing and determination of appeals from decisions of any
court in The Bahamas by a court established for any other part of the
Commonwealth.
2. A law enacted
in pursuance of paragraph 81) of this Article may provide that the
jurisdiction conferred on any such court as is referred to in that
paragraph shall be to the exclusion, in whole or in part, of the
jurisdiction of the Court of Appeal established by this Part of this
Chapter; and during any period when jurisdiction is so conferred to the
exclusion of the whole jurisdiction of the said Court of Appeal,
Parliament may suspend the provisions of this Part establishing that
Court.
3. In paragraph
(1) of this Article the expression "any court in the Bahamas" includes
the Court of Appeal established by this Part of this Chapter.
Acting Justices of Court of Appeal.
101.-
1. If the office
of President of the Court of Appeal is vacant or if the President of
the Court of Appeal is for any reason unable to perform the functions
of this office, then, until a person has been appointed to that office
and assumed its functions or, as the case may be, until the President
of the Court of Appeal has resumed those functions, they shall be
performed by such other person, qualified under paragraph (2) of
Article 99 of this Constitution for appointment as a Justice of Appeal,
as the Governor-General, acting in accordance with the advice of the
Prime Minister, may appoint for that purpose by instrument under the
Public Sea.
2. If the office
of a Justice of Appeal (other than the President) is vacant, or if any
such Justice is appointed to act as President of the Court of Appeal,
or is for any reason unable to perform the functions of his office, the
Governor-General, acting on the advice of the Judicial and Legal
Service Commission, may by instrument under the Public Seal appoint a
person qualified under paragraph (2) of Article 99 of this Constitution
for appointed shall, period is specified, until his appointment is
revoked by the Governor-General acting on the advice of the Judicial
and Legal Service Commission.
3. Any person
appointed to act as a Justice of Appeal under the provisions of this
Article may notwithstanding that the period of this appointment has
expired or his appointment has been revoked, sit as a Justice for the
purpose of delivering judgment or doing any other thing in relation to
proceedings which were commenced before him while he was so acting.
Tenure of office of Justices of Appeal.
102.-
1. Subject to
the provisions of paragraph (4) to (7) (inclusive) of his Article, a
Justice of Appeal shall hold office until he attains the age of
sixty-eight years:
Provided that the Governor-General, acting on the recommendations of
the Prime Minister after consultation with the Leader of the
Opposition, may permit a Justice of Appeal who attains the age of
sixty-eight years to continue in office until he has attained such
later age, not exceeding seventy years, as may (before the Justice of
Appeal has attained the age of sixty-eight years) have been agreed
between them.
2.
Notwithstanding that he has attained the age at which he is required by
or under the provisions of this Article to vacate his office, a person
holding the office of Justice of Appeal may, with the permission of the
Governor-General, acting in accordance with the advice of the Prime
Minister, continue in office for such period after attaining that age
as may be necessary to enable him to deliver judgment or to do any
other thing in relation to proceedings that were commenced before him
before he attained that age.
3. Nothing done
by a Justice of Appeal shall be invalid by reason only that he has
attained the age at which he is required by this Article to vacate his
office.
4. A Justice of
Appeal may be removed from office only for inability to discharge the
functions of his office (whether arising from infirmity of body or mind
or any other cause) or for misbehavior, and shall not be so removed
except in accordance with the provisions of paragraph (5) of this
Article.
5. A Justice of
Appeal shall be removed from office by the Governor-General by
instrument under the Public Seal if the question of the removal of that
Justice of Appeal from office has, at the request of the
Governor-General made in pursuance of paragraph (6) of this Article,
been referred by Her Majesty to the Judicial Committee of Her Majesty's
Privy Council and the Judicial Committee has advised Her Majesty that
the Justice of Appeal ought to be removed from office for inability as
aforesaid or for misbehavior.
6. If the Prime
Minister (in the case of the President of the Court of Appeal) or the
president of the Court of Appeal or the Chief Justice after
consultation with the Prime Minister (in the case of any other Justice
of Appeal) represented to the Governor-General that the question of
removing a Justice of Appeal from office for inability as aforesaid or
for misbehavior ought to be investigated, then-
1. the Governor-General shall appoint a tribunal, which shall consist
of a Chairman and not less than two other members, selected by the
Governor-General acting in accordance with the advice of the Prime
Minister (in the case of the President of the Court of Appeal) of the
President of the Court of Appeal (In the case of any other Justice of
Appeal) from among persons who hold or have held high judicial office;
2. that tribunal shall inquire into the matter and report on the facts
thereof to the Governor-General and recommend to the Governor-General
whether he should request that the question of the removal of that
Justice of Appeal should be referred by Her Majesty to the Judicial
Committee; and
3. if the tribunal so recommends, the Governor-General shall request
that the question should be referred accordingly.
7. The
provisions of the Commission of Inquiry Act (a) as in force immediately
before the appointed day shall, subject to the provisions of this
Article, apply as nearly as may be in relation to tribunals appointed
under paragraph (6) of his Article or, as the context may inquire, to
the members thereof as they apply in relation to Commission or
Commissioners appointed under that Act, and for that purpose shall have
effect as if they formed part of this Constitution.
8. If the
question of removing a Justice of Appeal from office has been referred
to a tribunal appointed under paragraph (69 of this Article, the
Governor-General acting in accordance with the advice of the Prime
Minister (in the case of the President of the Court of Appeal) or of
the President of the Court of Appeal after the President of the Court
of Appeal has consulted with the Prime Minister (in the case of any
other Justice of Appeal), may suspend the Justice of Appeal from
performing the functions of his office.
9. Any such
suspension may at any time be revoked by the Governor-General, acting
in accordance with the advice of the prime Minster or the President of
the Court of Appeal (as the case may be), and shall in any case cease
to have effect if-
1. the tribunal recommends to the Governor-General that he should not
request that the question of the removal of the Justice of Appeal from
office should be referred by Her Majesty to the Judicial Committee; or
2. the Judicial Committee advises her Majesty that the Justice of
Appeal ought no to be removed from office.
10. The provisions of
this Article shall be without prejudice to the provisions of paragraph
(2) of Article 101 of this Constitution.
11. The provisions of this Article and of Article 103 of this Constitution shall not apply to the Chief Justice.
Oaths to be taken by Justices of Appeal.
103.- A Justice of Appeal
shall not enter upon the duties of his office unless he has taken and
subscribed the oath of allegiance and a judicial oath in such form as
is prescribed by any law in force in The Bahamas.
Part 3
Appeals to Court of Appeal and Her Majesty in Council
Appeals relating to fundamental rights and freedoms.
104.-
1. An appeal to
the Court of appeal shall lie as of right from final decisions of the
Supreme Court given in exercise of the jurisdiction conferred on the
Supreme Court by Article 28 of this Constitution (which relates to the
enforcement of fundamental rights and freedoms).
2. An appeal
shall lie as of right to the Judicial Committee of Her Majesty's Privy
Council or to such other court as may be prescribed by Parliament under
Article 105(3) of this Constitution form any decisions given by the
Court of Appeal in any such case.
Appeals to Her Majesty in Council in other cases
105.-
1. Parliament
may provide for an appeal to lie from decisions of the Court of Appeal
established by Part 2 of this Chapter to the Judicial Committee of Her
Majesty's Privy Council or to such other court as may be prescribed by
Parliament under this Article, either as of right or with the leave of
the said Court of Appeal, in such cases other than those referred to in
Article 104(2) of this Constitution as may be prescribed by Parliament.
2. Nothing in
this Constitution shall affect any right of Her Majesty to grant
special leave to appeal from decisions such as are referred to in
paragraph (1) of this Article.
3. Parliament
may by law provide for the functions required in this Chapter to be
exercised by the Judicial Committee of Her Majesty's Privy Council to
be exercised by any other court established for the purpose in
substitution for the Judicial Committee.
Interpretation of "Court of Appeal".
106.- References in this Part
to "the Court of Appeal" include references to a shared court of appeal
established under Article 100(1) of this Constitution when exercising
jurisdiction in respect of The Bahamas.
CHAPTER VIII
THE PUBLIC SERVICE
Part 1
The Public Service Commission
Establishment and composition of Public Service Commission.
107.-
1. There shall
be a Public Service Commission for The Bahamas which shall consist of a
Chairman and not less than two nor more than four other members, who
shall be appointed by the Governor-General, acting on the
recommendation of the Prime Minister after consultation with the Leader
of the Opposition, by instrument under the Public Seal.
2. No person
shall be qualified to be appointed as a member of the Public Service
Commission if he is a member of either House or a public officer.
3. Subject to
the provisions of Article 126 of this Constitution the office of a
member of the Public Service Commission shall become vacant-
1. at the expiration of three years from the date of his appointment or
such earlier time as may be specified in the instrument by which he was
appointed;
2. if he becomes a member of either House or a public officer.
4. If the office
of Chairman of the Public Service Commission is vacant or the holder
thereof is for any reason unable to perform the function of his office
then, until a person has been appointed to and has assumed the function
of that office or until the person holding that office has resumed
those functions, as the case may be, they shall be performed by such
one of the other members of the Commission as may for the time being be
designated in that behalf by the Governor-General, acting on the
recommendation of the Prime Minister after consultation with the Leader
of the Opposition.
5. If the office
of a member of the Public Service Commission other than the Chairman is
vacant or the holder thereof is for any reason unable to perform the
functions of his office, the Governor-General, acting on the
recommendation of the Prime Minister after consultation with the Leader
of the Opposition, may appoint a person who is qualified for
appointment as a member of the Commission to act in the office f that
member; and any person so appointed shall, subject to the provisions of
sub-paragraph (3)(b) for this Article and Article 126 of this
Constitution, continue so to act until a person has been appointed to
the office in which he is acting and has assumed the functions thereof
or, as the case may be, the holder thereof resumes those functions or
until his appointment so to act is revoked by the Governor-General,
acting as aforesaid.
6. A former
member of the Public Service Commission shall not, within a period of
five years commencing with the date on which he last held or acted in
that office, be eligible for appointment to any office power to make
appointments to which is vested by this Constitution in the
Governor-General acting on the recommendation or in accordance with the
advice of the Public Service Commission.
Part 2
Appointments etc. of Public Officers
Appointments, etc. of public officers.
108.- Subject to the
provisions of this Constitution power to make appointments to public
offices and to remove and to exercise disciplinary control over persons
holding or acting in such offices is hereby vested in the
Governor-General, acting in accordance with the advice of the Public
Service Commission.
Appointments of Permanent Secretaries and certain other public officers.
109.-
1. Notwithstanding anything contained in the preceding Article of this Chapter-
1. power to make appointments to the office of Permanent Secretary or
Head of a Department of Government (or to be the holder of any such
other office of similar status as the Governor-General may, acting in
accordance with the advice of the Prime Minister specify by notice in
the Gazette) is hereby vested in the Governor-General actin on the
recommendation f the Public Service Commission after the Commission has
consulted the Prime Minister;
2. power to make appointments to the office of Permanent Secretary on
transfer from another such office carrying the same salary is hereby
vested in the Governor-General acting on the advice of the Prime
Minister.
2. In this Article "Permanent Secretary" includes the Secretary of the Cabinet and the Financial Secretary.
Delegation of Governor-General's powers.
110.- The Governor-General
acting in accordance with the advice of the Public Service Commission,
may by directions given by instrument under the Public Seal delegate,
to such extent and subject to such conditions as may be specified in
those directions, the powers vested in him by Article 108 of this
Constitution (other than powers to make appointments to the office
referred to in Article 109 of this Constitution and to remove or
exercise disciplinary control over persons holding or acting in such
offices) to such public officers as may be so specified.
Appointments, etc. of principal representatives of The Bahamas abroad.
111.-
1. Power to
appoint persons to hold or act in the offices to which this Article
applies (including power to make appointments on promotion and transfer
and to confirm appointments) and to remove persons so appointed from
any such office shall vest in the Governor-General, acting in
accordance with the advice of the Prime Minister.
2. Before
tendering any advice for the purposes of this Article in relation to
any person who holds or acts in any public office other than an office
to which this Article applies, the Prime Minister shall consult the
Service Commission which is responsible for advising in respect of
appointments to the office which the person concerned holds or in which
he is acting.
3. The office to
which this Article applies are the offices of Ambassador, High
Commissioner or any other principal representative of The Bahamas in
any of the country or accredited to any international organization.
Appointments on transfer in respect of certain offices.
112.-
1. Power to make
appointments on transfer to the offices to which this Article applies
shall vest in the Prime Minister.
2. The offices to which this Article apples are-
1. offices, the holders of which are required to reside outside The
Bahamas for the proper discharge of their functions;
2. such offices in the Ministry responsible for the conduct of the
external affairs of The Bahamas as may, from time to time, be
designated by the Prime Minister.
Appointment of Secretary to the Cabinet.
113.-
1. There shall be a Secretary to the Cabinet whose office shall be a public office.
2. Power to
appoint any person to the office of Secretary to the Cabinet and to
remove such person from that office shall vest in the Governor-General
acting in accordance with the advice of the Prime Minister.
3. Before
tendering advice for the purposes of this Article, the Prime Minister
shall consult the Public Service Commission.
4. The Secretary
to the Cabinet shall have charge of the Cabinet Office and shall be
responsible, in accordance with such instructions as may be given to
him by the Prime Minister, for the supervision of any department of the
Government for which the Prime Minister has responsibility.
Part 3
The Public Service Board of Appeal
Public Service Board of Appeal.
114.-
1. There shall
be a Public Service Board of Appeal for The Bahamas which shall consist
of the following members, who shall be appointed by instrument under
the Public Seal-
1. one member appointed by the Governor-General acting in accordance
with the advice of the Chief Justice from among persons who hold or
have held high judicial office or are qualified to hold high judicial
office, who shall be Chairman;
2. one member appointed by the Governor-General acting in accordance
with the advice of the Prime Minister; and
3. one member appointed by the Governor-General acting in accordance
with the advice of the appropriate representative body.
2. A person shall not be qualified for appointment as a member of the Board if he is a member of either House.
3. Subject to
the provisions of this Article and of Article 126 of this Constitution,
the office of a member of the Board shall become vacant-
1. at the expiration of three years from the date of his appointment;
2. if he becomes a member of either House.
4. If at any
time any member of the Board is for any reason unable to exercise the
functions of his office, the Governor-General may appoint a person who
is qualified to be appointed as a member of the Board to act as a
member, and any person so appointed shall, subject to the provisions of
sub-paragraph (3)(b) of this Article and Article 126 of this
Constitution, continue to act until the office in which he is acting
has been filled to, as the case may be, until the holder thereof has
resumed his functions or until his appointment to act has been revoked
by the Governor-General.
5. The Board
shall, in the exercise of its functions under this Constitution, not be
subject to the direction or control of any other person or authority.
6. In this
Article "the appropriate representative body" means such body
representing the interests of public officers as the Governor-General
may, by Order, designate.
Appeals in discipline cases.
115.-
1. Subject to
the provisions of this Article, an appeal shall lie to the Public
Service Board of Appeal at the instance of the officer in respect of
whom the decision is made from any decision of the Governor-General,
acting in accordance with the advice of the Public Service Commission,
that any public officer shall be removed from office or that any
penalty should be imposed on him by way of disciplinary control.
2. Upon an
appeal under paragraph 81) of this Article the Board may affirm or set
aside the decision appealed from or may make any other decision which
the authority or person from whom the appeal lies could have made.
3. Every decision of the Board shall require the concurrence of a majority of all its members.
4. Subject to the provisions of paragraph (3) of this Article, the Board may be regulations make provision for-
1. the procedure of the Board;
2. the procedure in appeals under this Article;
3. exceeding from the provisions of paragraph (1) of this Article
decisions in respect of public officers holding offices whose
emoluments do not exceed such sum as may be prescribed or such
decisions to exercise disciplinary control, other than decisions to
remove from office, as may be prescribed.
5. Regulations
made under this Article may, with the consent of the Prime Minister,
confer powers or impose duties on any public officer or any authority
of the Government of The Bahamas for the purpose of the exercise of the
functions of the Board.
6. The Board
may, subject to the provisions of this Article and to its rules of
procedure, act notwithstanding any vacancy in its membership or the
absence of any member.
Part 4
The Judicial and Legal Service Commission
Establishment and composition of the Judicial and Legal Service Commission.
116.-
1. There shall be a Judicial and Legal Service Commission for The Bahamas.
2. The members of the Judicial and Legal Service Commission shall be-
1. the Chief Justice, who shall be Chairmen;
2. such other Justice of the Supreme Court or Justice of Appeal as may
be designated by the Governor-General, acting on the recommendation of
the Chief Justice, by instrument under the Public Seal;
3. the Chairman of the Public Service Commission; and
4. two persons appointed by the Governor-General by instrument under
the Public Seal, acting on the recommendation of the Prime Minister
after consultation with the Leader of the Opposition.
3. Subject to
the provisions of Article 126 of this Constitution, the office of a
member of the Judicial and Legal Service Commission referred to in
sub-paragraph (2)(d) of this Article shall become vacant-
1. at the expiration of three years form the date of his appointment or
such earlier time as may be specified in the instrument by which he was
appointed;
2. if he becomes a member of either House.
4. A person
shall not be qualified to be appointed as a member of the Commission
under subparagraph (2) (b) of this Article unless he holds or is
qualified to hold or has held high judicial office; and a person shall
be disqualified for appointment as such if he is a member of either
House.
5. If the office
of Chairman of the Judicial and Legal Service Commission is vacant or
the holder thereof is for any reason unable to perform the functions of
his office, then until a person has been appointed to and has assumed
the faction of that office or until the person holding that office has
resumed those functions, as the case may be, they shall be performed by
such one of the other members of the Commission as may for the time
being be designated in that behalf by the Governor-General, acting on
the recommendation of the Chief Justice, or, if the is for any reason
incapacitated from making a recommendation, of the other Justice of the
Supreme Court or Justice of Appeal who is a member of the Commission.
6. If at any
time one of the members of the Commission referred to in sub-paragraphs
(2)(b), (c) or (d) of this Article is for any reason unable to exercise
the function of his office, the Governor-General, in the case of the
Chairman of the Public Service Commission, may appoint another member
of the Public Service Commission to act as a member, and in the case of
a member referred to in sub-paragraphs (2)(b) or (d) of this Article
may, acting on the same recommendation as for the appointment of that
members, appoint a person who is qualified to be appointed as a member
of the Commission to act as a member. Any person so appointed shall,
subject to the provisions of sub-paragraph (3)(b) of this Article and
Article 126 of this Constitution, as the case may be, until the holder
thereof has resumed his functions or until his appointment to act has
been revoked by the Governor-General, acting as aforesaid.
Appointments, etc. of judicial an legal officers.
117.-
1. Subject to
the provisions of this Constitution, power to make appointments to
public offices to which this Article applies and to remove and to
exercise disciplinary control over persons holding or acting in such
officer is hereby vested in the Governor-General acting in accordance
with the advice of the Judicial and Legal Service Commission.
2. This Article
applies to such public offices for appointment to which persons are
required to posses legal qualifications as may be prescribed by
Parliament.
Part 5
The Police Service Commission
Establishment and composition of the Police Service Commission.
118.-
1. There shall
be a Police Service Commission for the Bahamas which shall consist of
Chairman and two other members appointed by the Governor-General acting
on the recommendation of the Prime Minister after consultation with the
Leader of the Opposition, by instrument under the Public Seal.
2. No person
shall be qualified to be appointed as a member of the Police Service
Commission if he is a member of either House or a public officer.
3. Subject to
the provisions of Article 126 of this Constitution, the office of a
member of the Police Service Commission shall become vacant-
1. at the expiration of three years from the date of his appointment or
at such earlier time as may be specified in the instrument by which he
was appointed;
2. if he becomes a member of either House or a public officer.
4. If the office
of Chairman of the Police Service Commission is vacant or the holder
thereof is for any reason unable to perform the function of his office,
then, until a person has been appointed to and has assumed the
functions of that office or until the person holding that office has
resumed those functions, as the case may be, they shall be performed by
such one of the other members of the Commission as may for the time
being be designated in that behalf by the Governor-General, acting on
the recommendation of the Prime Minister after consultation with the
Leader of the Opposition.
5. If the office
of a member of the Police Service Commission other than the Chairman is
vacant or the holder thereof is for any reason unable to perform the
functions thereof, the Governor-General, acting on the recommendation
of the Prime Minister after consultation with the Leader of the
Opposition, may appoint a person who is qualified for appointments as a
member of the Commission to act in the office of that member; and any
person so appointed shall, subject to the provisions of sub-paragraph
(3)(b) of this Article and Article 126 of this Constitution, continue
so to act until a person has been appointed to the office in which he
is acting and has assumed the functions thereof or, as the case may be,
the holder thereof resumes those functions or until his appointment so
to act is revoked by the Governor-General, acting as aforesaid.
Appointment of Commissioner of Police and other officers of the Police Force,
119.-
1. Power to make
appointments to the office of Commissioner of Police and Deputy
Commissioner of Police shall be vested in the Governor-General acting
on the recommendation of the Prime Minister after consultation with the
Leader of the Opposition.
2. Save as
provided under paragraph (1) of this Article power to make appointments
to offices in the Police Force of or above the rank of Assistant
Commissioner of Police is vested in the Governor-General acting on the
recommendation of the Prime Minister after consultation with the Police
Service Commission.
3. Save as
provided in the preceding paragraphs of this Article, power to make
appointments to offices in the Police Force of or above the rank of
Inspector is vested in the Governor-General, acting on the advice of
the Police Service Commission.
4. There shall
be in the Police Force such number of Police Promotion Boards, each
consisting of officers in the Police Force above the rank of Inspector,
as may be prescribed by regulations made under this paragraph.
5. Power to make
appointments to offices in the Police Force below the rank of Inspector
shall be vested in the Commissioner of Police acting after consultation
with a Police Promotion Board.
6. Power to make
posting and appointments on transfer within the Police Force of
officers in that Force shall be vested in the Commissioner of Police.
Removal of the Commissioner and Deputy Commissioner of Police.
120.-
1. The
Commissioner of Police and Deputy Commissioner of Police may be removed
from office by the Governor-General but shall not be removed except in
accordance with the provisions of paragraph (2) of this Article.
2. The
Commissioner of Police or Deputy Commissioner of Police shall be
removed from office by the Governor-General if the question of his
removal from office has been referred to a tribunal appointed under
paragraph (3) of this Article and the tribunal has recommended to the
Governor-General that he ought to be removed from office.
3. If the Prime
Minister represented to the Governor-General that the question of
removing the Commissioner of Police or Deputy Commissioner or Police
from office ought to be investigated, then-
1. the Governor-General acting in accordance with the advice of the
Prime Minister shall suspend the Commissioner of Police or Deputy
Commissioner of Police from performing the functions of his office, as
the case may be;
2. the Governor-General shall appoint a tribunal, which shall consist
of a chairman and not less than two other members, selected by the
Governor-General, acting in accordance with the advice of the Judicial
and Legal Service Commission, from among persons who hold or have held
or are eligible to hold high judicial office; and
3. the tribunal shall inquire into the matter and report on the facts
thereof to the Governor-General whether the Commissioner of Police or
Deputy Commissioner of Police ought to be removed from office.
4. If the
question of removing the Commissioner of Police or Deputy Commissioner
of Police from office has been referred to a tribunal under paragraph
(3) of this Article, the Governor-General shall revoke any such
suspension if the tribunal recommends to the Governor-General that the
Commissioner of Police or Deputy Commissioner of Police should not be
removed from office.
Removal and discipline of members of the Force.
121.-
1. Save as
provided under Article 120 of this Constitution, power to remove and to
exercise disciplinary control over persons holding or acting in the
office of or above the rank of Assistant Commissioner in the Police
Force is vested in the Governor-General acting in accordance with the
advice of the Police Service Commission after consultation with the
Prime Minister.
2. Save as
provided in Article 120 of this Constitution and paragraphs (1) and (3)
of this Article, power to remove and exercise disciplinary control over
persons holding or acting in office in the Police Force is vested in
the Governor-General acting in accordance with the advice of the Police
Service Commission.
3. The following powers are vested in the Commissioner of Police-
1. in respect of officer of or above the rank of Assistant
Superintended, the power to administer reprimands;
2. in respect of Inspector, the power to exercise disciplinary control
other than removal or reduction in rank; and
3. in respect of officers below the rank of Inspector, the power to
exercise disciplinary control including the power of removal.
4. The
Commissioner of Police may, by directions in writing, and subject to
such conditions as he thinks fit, delegate to any officers of the
Police Force of or above the rank of Inspector any of his powers under
sub-paragraph (3)(c) of this Article other than the power of removal;
but an appeal from any award of punishment by such officer shall lie to
the Commissioner.
5. Parliament
may by law provide that an appeal shall lie to the Governor-General
from a decision of the Commissioner of Police to remove or exercise
disciplinary control over persons holding or acting in offices in the
Police Force in such cases as may be prescribed by such law, and in
determining any such appeal the Governor-General shall act in
accordance with the advice of the Police Service Commission.
Part 6
Pensions
Protection of pension rights.
122.-
1. Subject to
the provisions of Articles 123 and 124 of this Constitution, the law
applicable to the grant and payment to any officer, or to his widow,
children, dependents or personal representatives, of any pensions,
compensation, gratuity or other like allowance (in this an "award") in
respect of the service of that officer in a public office shall be that
in force on the relevant date or any later law tat is not less
favorable to that person.
2. In paragraph (1) of this Article "the relevant date" means-
1. in
relation to an award granted before 10th July 1973, the date on
which the award was granted;
2. in relation to an award granted or to be granted on or after 10th
July 1973 to or in respect of any person who was a public officer
before that date 9th July 1973;
3. in relation to an award granted or to be granted to or in respect of
any person who becomes a public officer on or after 10th July 1973, the
date on which he becomes a public officer.
3. Where a
person is entitled to exercise an option as to which of two or more
laws shall apply in his case, the law specified by him in exercising
the option shall, for the purposes of this Article, be deemed to be
more favorable to him than the other law or laws.
4. Awards
granted under any law in respect of service in a public office (not
being awards that are a charge upon some other public fund of The
Bahamas) are hereby charged on the Consolidated Fund.
5. For the
purposes of this Article and of Articles 123 and 124 of this
Constitution, service as a Justice of the Supreme Court or Justice of
Appeal shall be deemed to be service in the public service.
Grant and withholding of pensions, etc.
123.-
1. The power to
grant any award under any pensions law for the time being in force in
The Bahamas (other than an award to which, under that law, the person
to whom it is payable is entitled as of right) and, in accordance with
any provisions in that behalf contained in any such law, to withhold,
reduce in amount or suspend any award payable under any such law is
hereby vested in the Governor-General.
2. The power
vested in the Governor-General by paragraph (1) of this Article shall
be exercised by him on the recommendation of the appropriate Service
Commission.
3. The
appropriate Service Commission shall not recommend to the
Governor-General that any award for which a person who holds or has
held the office of a Justice of the Supreme Court or Justice of Appeal
or Auditor-General is eligible shall not be granted, or that any award
payable to him shall be withheld, reduced in amount or suspended, on
the ground that he has been guilty of misbehavior unless he has been
removed from office by reason of such misbehavior.
4. In this Article and in Article 124 of this Constitution "the appropriate Service Commission" means-
1. in the case of an award that may be granted or is payable to a
person who, having been a public officer, was immediately before the
date on which he ceased to hold public office serving-
1. as a Justice of the Supreme Court or Justice of Appeal;
2. in any public office to which the provision of Article 117 of this
Constitution applied on that date,
- the judicial and Legal Service Commission;
2. in the case of an award that may be granted or is payable to a
person who, having been a public officer, was immediately before the
date on which he ceased to hold public office, serving as a the date on
which he ceased to hold public office, serving as a member of the
Police Force, the Police Service Commission;
3. in any other case the Public Service Commission.
5. In this
Article "pension law" means nay law relating to the grant to any person
or to the widow, children, dependents or personal representatives of
that person, of an award of any pension, compensation, gratuity or
other like allowance in respect of the service of that person in a
public office an includes any instrument make under any such law.
Appeals in respect of certain decisions affecting pensions benefits.
124.-
1. The
provisions of this Article shall have effect for the purpose of
enabling an officer or his personal representatives to appeal against
any of the following decisions, that is to say:-
1. a decision of the appropriate Service Commission embodying a
recommendation in respect of an officer, under Article 123(2) of this
Constitution, not to grant or to withhold, reduce in amount or suspend,
and award;
2. a decision of any authority to remove an office from office if the
consequence of the removal is that an award cannot be granted in
respect of the officer's service in a public office; or
3. a decision of any authority to take some other disciplinary action
in relation to such an office if the consequence of the action is or in
the opinion of the authority might be, to reduce the amount of any
award that may be grated in respect of the officer's service in a
public office.
2. Where any
such decision as is referred to in paragraph (1) of this Article is
taken by any Commission or authority, the Commission or authority shall
cause to be delivered to the officer concerned, or to his personal
representatives, a written notice of that decision stating the time,
not being less than twenty-eight days from the date on which the notice
is delivered, within which he, or his personal representatives, may
apply to the Commission or authority for the case to be referred to the
Public Service Board of Appeal.
3. The Board shall inquire into the facts of the case, and for that purpose-
1. shall, if the applicant so requests in writing, hear the applicant
either in person or by a legal representative of his choice, according
to the terms of the request, and shall consider any representations
that he wishes to make in writing;
2. may hear any other person who, in the opinion of the Board, is able
to give the Board information on the case; and
3. shall have access to, and shall consider, all documents that were
available to the Commission or authority concerned and shall also
consider any further document relating to the case that may be produced
by or on behalf of the applicant or the Commission or authority.
4. When the Board has completed its consideration of the case, then-
1. if the decision that is the subject of reference to the Board is
such a decision as is mentioned in sub-paragraph (1)(a) of this
Article, the Board shall advise the appropriate Service Commission or
authority whether the decision should be affirmed, reversed or modified
and the Commissioner authority shall act in accordance with that
advice; and
2. if the decision that is the subject of the reference to the Board is
such a decision as is referred to in sub-paragraph (1)(b) of (c) of
this Article, the Board shall not have power to advise the Commission
or authority concerned to affirm, reverse or modify the decision but-
1. where the officer has been removed from office the Board may direct
that there shall be granted all or any part of the award that, under
any law, might have been granted in respect of his service in a public
office if he had retired voluntarily at the date of his removal and may
direct that any law with respect to awards shall in any other respect
that the Board may specify have effect as if he had so retired, and
2. where some other disciplinary action has been taken in relation to
the office the Board may direct that, on the grant of any award under
any law in respect of the officer's service in a public office, that
award shall be increased by such amount or shall be calculated in such
manner as the Board may specify in order to offset all or any part of
the reduction in the amount of that award that, in the opinion of the
Board, would or might otherwise be a consequence of the provisions of
any other law.
5. If the appeal
relates to a case in which the officer exercises his right of appeal to
the Board under Article 115(1) of this Constitution, the Board shall
first consider his appeal under that Article and only if it decides to
affirm the decision or to make some other decision the consequence of
which would be to affect the officer's award, shall the Board proceed
to consider the officer's appeal under this Article.
6. For the purposes of this Article-
1. "legal representative" means a person entitled to practice in The
Bahamas as a Counsel and Attorney of the Supreme Court; and
2. a notice shall be deemed to have been delivered to an office one
week after it has been posted if, in the case of an officer on pension
and resident outside The Bahamas whose residential address cannot be
ascertained, it has been posted addressed to him at the address to
which his pension is being paid.
Part 7
Miscellaneous
Procedure of Commissions.
125.-
1. In relation
to any Commission established by this Chapter the Governor-General,
acting in accordance with the advice of the Commission, may by
regulation or otherwise regulate its procedure and, subject to the
consent of the Prime Minister, confer powers and impose duties on any
public officer or any authority of the Government for the purpose of
the discharge of the functions of the Commission.
2. At any
meeting of any Commission established by this Chapter a quorum shall be
constituted if a majority of the members are present; and, if a quorum
is present, the Commission shall not be disqualified for the
transaction of business by reason of any vacancy among its members or
the absence of any member, and any proceedings of the Commission shall
be valid notwithstanding that some person who was not entitled so to do
took part therein.
3. Any question
proposed for decision at any meeting of any Commission established by
this Chapter shall be determined by a majority of the votes of the
members thereof present and voting, and if on any such question the
votes are equally divided the member presiding shall have and exercise
a casting vote.
4. Any question whether-
1. any Commission established by this Chapter has validly performed any
functions vested in it or under this Chapter;
2. any person has validly performed any functions delegated to him; or
3. any member of such a Commission or any other person or authority has
validly performed any other function in relation to the work of the
Commission,
- shall not be inquired into in any court.
Removal from office of certain persons.
126.-
1. A member of a
Commission established under this Chapter may be removed from office
only for inability to exercise the function of his office (whether
arising from infirmity of body or mind or any other cause) or for
misbehavior and shall not be so removed except in accordance with the
provisions of this Article.
2. A member of a
Commission shall be removed from office by the Governor-General if the
question of his removal from office has been referred to a tribunal
appointed under paragraph (3) of this Article and the tribunal has
recommended to the Governor-General that he ought to be removed from
office for inability as aforesaid or for misbehavior.
3. If the
Governor-General, acting in accordance with the advice of the
prescribed authority, considers that the question of removing a member
of a Commission under this Article ought to be investigated, then-
1. the Governor-General, acting in accordance with the advice of the
prescribed authority shall appoint a tribunal which shall consist of a
chairman and not less than two other members, selected by the Chief
Justice, or where the question concerns the Chairman of the Judicial
and Legal Service Commission by the President of the Court of Appeal,
from among persons who hold or have held or are qualified to hold
office as a Justice of the Supreme Court; and
2. the tribunal shall inquire into the matter and report on the facts
thereof the Governor-General and recommend to him whether the member
ought to be removed under this Article.
4. If the
question of removing a member of a Commission has been referred to a
tribunal under this Article, the Governor-General, acting in accordance
with the advice of the prescribed authority, may suspend that member
from the exercise of the functions of his office and any such
suspension may be at any time revoked by the Governor-General, and
shall in any case cease to have effect if the tribunal recommends to
the Governor-General that member should not be removed.
5. In this Article-
"Commission" includes the Public Service Board of Appeal;
"the prescribed authority" means-
1. in relation to the Public Service Commission or the Judicial and
Legal Service Commission, the Prime Minister when the question concerns
the Chairman of either of those Commissions, and the Chairman of the
Commission concerned when the question concerns any other member of
either of those Commissions; and
2. in relation to the Public Service Board of Appeal or the Police
Service Commission, the Prime Minister.
Public Service.
127.- In this Constitution references to the public service shall not be construed as including service in-
1. the office of
Governor-General, Prime Minister or other Minister, Parliamentary
Secretary, Leader of the Opposition, President and Vice-President of
the Senate, Senator, Speaker and Deputy Speaker of the House of
Assembly, or member of the House of Assembly;
2. the office of
a member of the Public Service Commission, the Public Service Board of
Appeal, the Judicial and Legal Service Commission or the Police Service
Commission;
3. the staff of
the Department of Tourism or of any other department or agency of the
Government established for special purposes by any law which specifies
that offices therein shall not be public offices for the purposes of
this Constitution;
4. the office of
a member of any board, committee or other similar body (whether
incorporated or not) established by any law in force in The Bahamas; or
5. except as
otherwise provided in this Constitution the office of a Justice of the
Supreme Court, a Justice of Appeal or any office on the personal staff
of the Governor-General.
CHAPTER IX
FINANCE
Consolidated Fund.
128.- There shall be in and
for the Bahamas a Consolidated Fund, into which, subject to the
provision of any law for the time being in force in The Bahamas, shall
be paid all revenues of The Bahamas.
Estimates.
129.-
1. The Minister
of Finance shall, before the end of each financial year, cause to be
prepared annual estimates of revenue and expenditure for public
services during the succeeding financial year, which shall be laid
before the House of Assembly.
2. The estimates
of expenditure shall show separately the sums required to meet
statutory expenditure (as defined in Article 130(7) of this
Constitution) and the sums required to meet other expenditure proposed
to be paid out of the Consolidated Fund.
Authority for Public Expenditure.
130.-
1. The Minister
of Finance shall, in respect of each financial year, at the earliest
convenient moment before the commencement of that financial year,
introduce in the House of Assembly an Appropriation Bill containing,
under appropriate heads for the several services required, the
estimated aggregated sums which are proposed to be expended (otherwise
than by way of statutory expenditure) during that financial year.
2. Subject to
paragraphs (4) and (6) of this Article, the sums set out in the
Appropriation Act in respect of a financial year shall represent the
limit and extent of the public expenditure for that financial year.
3. Where any sum
is set out in the Appropriation Act in respect of a financial year and
at the end of that year there is an unexpended balance of that sum, the
unexpended balance shall lapse.
4. The Minister
of Finance may, in case of necessity, from time to time cause to be
prepared supplementary estimates of expenditure which shall be laid
before and voted on by the House of Assembly.
5. In respect of
all supplementary expenditure voted on by the House of Assembly in
pursuance of paragraph (4) of this Article, the Minister of Finance
may, at any time before the end of the financial year, introduce into
the House of Assembly a Supplementary Appropriation Bill containing,
under appropriate heads, the aggregate sums so voted and shall, as soon
as possible after the end of each financial year, introduce into the
House of Assembly a final Appropriation Bill containing any such sums
which have not yet been included in any Appropriation Bill.
6. That part of
any estimate of expenditure laid before the House of Assembly which
shows statutory expenditure shall not be voted on by the House, and
such expenditure shall, without further authority of Parliament, be
paid out of the Consolidated Fund.
7. For the purposes of this Article and Article 129 of this Constitution-
1. "financial year" means any period of twelve months beginning of 1st
January in any year or such other date as Parliament may prescribe; and
2. "statutory expenditure" means expenditure charged on the
Consolidated Fund or on the General revenues and assents of the Bahamas
by any provisions of this Constitution or of any other law for the time
being in force in The Bahamas.
Withdrawal of money from the Consolidated Fund.
131.- No sum shall be paid
out of the Consolidated Fund except upon the authority of a warrant
under the hand of the Minister of Finance or under the hand of some
person authorized by him in writing; and sums so issued shall be
disposed of for meeting public expenditure authorized under Article 130
of this Constitution or, in the case of statutory expenditure, for the
purposed appointed by law.
Withdrawal of money in advance of Appropriation Act.
132.- Where at any time for
any justifiable reason, the Appropriation Bill in respect of any
financial year has not come into operation by the beginning of that
financial year, the Minister of Finance may, to such an extent and
subject to such conditions as may be prescribed, or if no conditions
have been prescribed on a resolution to that effect passed by the House
of Assembly, issue a warrant for the payment out of the Consolidated
Fund or other public funds of The Bahamas of such sums as he may
consider necessary for the continuance of the public service, but a
statement of the sums so authorized shall, as soon as practicable, be
laid before and voted on by the House of Assembly and the aggregate
sums so voted shall be included, under the appropriate heads, in the
next Appropriation Bill immediately following.
Contingencies Fund.
133.-
1. Parliament
may by law provide for the establishment of a Contingencies Fund and
may authorize the Minister of Finance to make advances from that Fund
if he is satisfied that there is an unforeseen need for expenditure for
which no provision or no sufficient provisions has been made by an
Appropriation Act.
2. Where any
advances are made by virtue of an authorization conferred under
paragraph (1) of this Article, a supplementary estimate of the sums
required to replace the amount so advanced shall, as soon as
practicable, be laid before and voted on by the House of Assembly and
the sums so voted shall be included in a Supplementary Appropriation
Bill or a Final Appropriation Bill.
Public Debt.
134.- The Public Debt of the
Bahamas, including the interest on the debt, sinking fund payments and
redemption monies in respect of that debt and the costs, charges and
expenses incidental to the management of that debt, is hereby charged
on the Consolidated Fund.
Remuneration of Governor-General and certain other officers.
135.-
1. There shall
be paid to the holders of the offices to which this Article applies
such salaries and allowances as may be prescribed by or under any law.
2. The salaries
payable to the holders of the offices to which this Article applies are
hereby charged on the Consolidated Fund.
3. The salary
and allowance payable to the holder of any office to which this Article
applies and his other terms of service shall not be altered to his
disadvantage after his appointment, and, for the purposes of this
paragraph, in so far as the terms of service of any person depend upon
the option of that person, the terms for which he opts shall be taken
to be more advantageous to him than any other terms for which he might
have opted.
4. This Article
apples to the office of Governor-General, Justice of the Supreme Court,
Justice of Appeal, Auditor-General and member of any Commission
established by Chapter VIII of this Constitution or of the Public
Service Board of Appeal.
Establishment of office and functions of Auditor-General.
136.-
1. There shall be an Auditor-General whose office shall be a public office.
2. The
Auditor-General shall be appointed by the Governor-General, by
instrument under the Public Seal, acting on the recommendation of the
Public Service Commission made after the Commission has consulted the
Prime Minister.
3. The accounts
of the Supreme Court, the Senate, the House of Assembly, all
departments and offices of the Government (but excluding the Department
of the Auditor-General), the Public Service Commission, the Judicial
and Legal Service Commission, the Police Service Commission and all
Magistrates' Courts shall, at least once in every year, be audited and
reported on by the Auditor-General who, with his subordinate staff,
shall at all times be entitled to have access to all books, records,
returns and reports relating to such accounts.
4. The
Auditor-General shall submit his reports made under paragraph (3) of
this Article without undue delay to the Speaker (or, if the office of
Speaker is vacant or the Speaker is for any reason unable to perform
the functions of his office, to the Deputy Speaker) who shall cause
them to be laid before the House of Assembly without undue delay.
5. In the
exercise of this functions under the provisions of paragraphs (3)
and(4) of this Article, the Auditor-general shall not be subject to the
direction or control of any other person or authority.
6. The accounts
of the department of the Auditor-General shall be audited and reported
on by the Minister of Finance and the provisions of paragraphs (3) and
(4) of this Article shall apply in relation to the exercise by that
Minister of those function as they apply in relation to audits and
reports made by the Auditor-General.
7. Nothing in this Article shall prevent the performance by the Auditor-General of-
1. such other functions in relation to the accounts of the Government
and that accounts of other public authorities and other bodies
administering public funds in The Bahamas as may be prescribed by or
under any law for the time being in force in The Bahamas; or
2. such other functions in relation to the supervision and control of
expenditure form public funds in The Bahamas as may be so prescribed.
8. The
Auditor-General may be removed from office only for inability to
discharge the functions thereof (whether arising form infirmity of mind
or body or any other cause) or for misbehavior, and shall not be so
removed except in accordance with the provisions of paragraph (9) of
this Article.
9. The
Auditor-General shall be removed from office by the Governor-General if
the question of his removal from office has been referred to a tribunal
appointed under paragraph (10) of this Article and the tribunal has
recommended to the Governor-General that he ought to be removed from
office for inability as aforesaid or for misbehavior.
10. If the Prime
Minister represents to the Governor-General that the question of
removing the Auditor-General form office for inability as aforesaid or
for misbehavior ought to be investigated, then-
1. the Governor-General shall appoint a tribunal, which shall consist
of a chairman and not less than two other members, selected by the
Governor-General, acting in accordance with the advice of the Judicial
and Legal Service Commission, from among persons who hold or have held
or are eligible to hold high judicial office; and
2. the tribunal shall inquire into the matter and report on the facts
thereof to the Governor-General and recommend to the Governor-General
whether the Auditor-General ought to be removed from office for
inability as aforesaid or for misbehavior.
11. If the question of
removing the Auditor-general form office has been referred to a
tribunal under paragraph (9) of this Article, the Governor-General,
acting in accordance with the advice of the Public Service Commission,
may suspend the Auditor-general from performing the functions of this
office and any such suspension may at any time be revoked by the
Governor-General, and shall in any case cease to have effect if the
tribunal recommends to the Governor-General that the Auditor-General
should not be removed from office.
CHAPTER X
INTERPRETATION
Interpretation.
137.-
1. In this Constitution, unless it is otherwise provided or required by the context-
"Act" or "Act of Parliament" means any law made by Parliament;
"The Bahamas" means The Commonwealth of The Bahamas;
"the Commonwealth" means, save as otherwise prescribed, The Bahamas,
the United Kingdom, Canada, Australia, New Zealand, India, Sri Lanka,
Ghana, Malaysia, Nigeria, Cyprus, Sierra Leone, Malta, Zambia, The
Gambia, Singapore, Guyana, Lesotho, Botswana, Barbados, Mauritius,
Swaziland, Tonga, Fiji, Western Samoa, Nauru, Bangladesh and any
dependency of any such country;
"election" means an election of a member or members of the House of Assembly;
"the Gazette" means the Official Gazette of The Bahamas;
"House" means either the Senate or the House of Assembly or both, as the context may require;
"high judicial office" means the office of judge of a court having
unlimited jurisdiction in civil and criminal matters in some part of
the Commonwealth or a court having jurisdiction in appeals from any
such court;
"law" includes any instrument having the force of law and any unwritten
rule of law, and "lawful" and "lawfully" shall be construed accordingly;
"Minister" includes a temporary Minister appointed under Article 76 of
this Constitution, except in relation to Articles 72, 73, 76 and 86 of
this Constitution;
"Minister of Finance" means the Minister, by whatever title styled,
responsible for Government finance;
"oath" includes affirmation;
"Parliament" means the Parliament of The Bahamas;
"the Police Force" means the Police Force established in and for The
Bahamas and maintained under the provisions of the Police Act 1965(a)
or any law amending or replacing that Act;
"prescribed" means provided by or under and Act of Parliament;
"public office" means, subject tot he provisions of paragraph (6) of
this Article and Article 127 of this Constitution, any office of
emolument in the public service;
"public officer" means the holder of any public office and includes any
person appointed to act in any such office;
"the public service" means, subject to the provisions of Article 127 of
this Constitution, the service of the Crown in a civil capacity in
respect of the Government of The Bahamas;
"session" means, in relation to a House, the sitting of that House
commencing when it first meets after this Constitution comes into
operation or after any general election or prorogation of Parliament
and terminating when Parliament is prorogue or is dissolves without
having been prorogue;
"sitting" means, in relation to a House, a period during which that
House is sitting continuously without adjournment and includes any
period during which the House is in committee.
2. For the
purposes of this Constitution the territory of The Bahamas shall
comprise all the areas that were comprised therein immediately before
10th July 1973 together with such other areas as Parliament may declare
to form part thereof.
3. For the purposes of Articles 42, 43, 48 and 49 of this Constitution-
1. "government contract" means, subject to such exception as Parliament
may prescribe, any contract made with the Government of The Bahamas or
with a department of that Government or with and officer of that
Government contracting as such; and
2. a person shall be deemed to be interested in a government contract if-
1. subject to such exceptions as Parliament may prescribe, he is a
party to such a contract or a partner in a firm or director or manager
of a company which is a party to such a contract; or
2. he is otherwise interested in such a contract in such manner as
Parliament may prescribe.
4. In this Constitution, unless it is otherwise provided or required by the context-
1. any reference to the date on which this Constitution comes into
operation shall be construed as a reference to the appointed day
referred to in section 1(2) of the Order in Council to which this
Constitution is scheduled;
2. any reference to a law (which term shall, without prejudice to the
definition in paragraph (1) of this Article, include an Act) shall be
construed as including a reference to a law made at any time before
this Constitution comes into operation;
3. any reference to power to make appointments to any office shall be
construed as including a reference to power to make appointments on
promotion and transfer to that office and to power to appoint a person
to act in that office during any period during which it is vacant or
the holder thereof is unable (whether by reason of absence or of
infirmity of body or mind or any other cause) to perform the functions
of that office;
4. any reference to the holder of an office by a term designating or
describing his office shall be construed as including a reference to
any person for the time being acting in that office or, tot he extent
of his authority, otherwise authorized to perform the functions of that
office.
5. Where by this
Constitution any person is directed, or power is conferred on any
person or authority to appoint a person, to act in or otherwise to
perform the functions of an office if the holder thereof is unable to
perform the functions of that office, the validity of any performance
of those functions by the person so directed or of any appointment in
exercise of that power shall not be called in question in any court on
the ground that the holder of the office is not unable to perform the
functions of the office.
6. For the
purpose of this Constitution, a person shall not be considered to hold
a public office by reason only that he is in receipt of a pension or
other like allowance in respect of public service.
7. References in
this Constitution to the power to remove a public officer from his
office shall, subject to the provisions of this Constitution, be
construed as including references to any power conferred by any law to
require or permit that officer to retire from the public service.
8. Save as
otherwise provided in this Constitution, any provisions of this
Constitution that vests in any person or authority power to remove any
public officer (other than a public officer mentioned in paragraph(9)
of this Article) form his office shall be without prejudice to the
power of any person or authority to abolish any office of to any law
providing for the compulsory retirement of public officers generally or
any class of public officer on attaining an age specified therein.
9. If any
circumstances arise that, under the provisions of this Constitution,
require the Governor to remove a Justice of the Supreme Court or a
Justice of Appeal or the Commissioner of Police, the Deputy
Commissioner of Police or the Auditor-General from office for inability
to discharge the functions of his office, such removal may be carried
out either by dismissing that officer or by requiring him to retire.
10. Where any power is
conferred by this Constitution to make any proclamation, order, rules
or regulations or to give any direction, the power shall be construed
as including a power exercisable in like manner to amend or revoke any
such proclamation, order, rules, regulation or direction.
11. Any person
appointed to an office under any provisions in this Constitution may
resign that office. Except as otherwise provided in this Constitution
such resignation shall be made in writing to the person in whom under
this Constitution the power is vested to make appointments to the
office concerned.
12. Where two or more
persons are holding the same office by reason of an appointment made in
pursuance of paragraph (4) of this Article, then-
1. for the purposes of any function conferred upon the holder on that
office; and
2. for the purposes of any reference in this Constitution to the
absence, illness or inability to perform the functions of his office of
the holder of that office,
- the person last appointed to the office shall be deemed to be the sole holder of the office.
13. The Interpretation
Act of The Bahamas(a) and all amendments thereto as in force on 10th
July 1973 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
Parliament of The Bahamas.
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