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Detailed
Proposals for the Future Constitution of Nevis
Made Pursuant to Section 113(2)(c) of the Constitution of St.
Christopher and Nevis
Published by Authority of the Nevis Island Administration - August 12,
2003 |
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The
State:
1.
The island of Nevis shall be a sovereign
democratic state.
The
territory:
2. The territory
of Nevis shall comprise all
areas that were comprised in, known as and reputed to be the Island of
Nevis
immediately before Independence Day and such other areas of land, sea
or air as
may be declared by Parliament to form part of the territory of Nevis
including
the territorial waters of Nevis.
Constitution
is
supreme law:
3.
This
Constitution is the supreme law of the state of Nevis and, subject to
its
provisions, 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
Citizens by birth
before Independence Day:
4.
Every person who,
having been born in Nevis before Independence Day, was immediately
before that
day a citizen of St. Christopher and Nevis shall on that day
become a
citizen
of Nevis.
Persons born outside
Nevis before Independence Day:
5.
Every person who,
having been born outside Nevis before Independence Day, was immediately
before
that day a citizen of St. Christopher and Nevis shall on that day
become a
citizen of Nevis if either of his parents (including adoptive parents)
had been
born in Nevis.
Persons
entitled to be
registered as citizens:
6.
Every person who is not
a citizen by virtue of article 4 or article 5 who was a citizen of St.
Christopher and Nevis immediately before Independence Day and is
ordinarily
resident in Nevis on Independence Day shall be entitled to be
registered as a
citizen of Nevis and may effect such registration in such manner as may
be
prescribed by law.
Marriage to
persons entitled to citizenship:
7.
Every person who is not
a citizen by virtue of article 4, 5 or 6 who was, before Independence
Day,
married to a person who-
(a)
becomes, or but for
his death would have become a citizen of Nevis by virtue of article 4
or 5,
shall become a citizen of Nevis on Independence Day;
(b)
becomes a citizen in
accordance with article 6 shall be entitled to be registered as a
citizen in the
same manner as his or her spouse.
Citizens
by birth after
Independence:
8.
Every person born in
Nevis on or after Independence Day shall become a citizen of Nevis at
the date
of his birth unless either of his parents:
(a)
possesses immunity
from suit and legal process as is accorded to the envoy of a foreign
state
accredited to Nevis;
(b)
is a citizen of a
country with which Nevis is at war and the birth occurs at a place
which is
then under enemy occupation.
Persons
born abroad
of Nevisian parentage:
9.
Every person born
outside Nevis on or after Independence Day shall become a citizen of
Nevis if,
at the date of his birth, either of his parents is a citizen of Nevis,
or but
for his or her death would have become a citizen of Nevis, by virtue of
article
4 or 8.
Marriage after
Independence Day:
10.
(1) Any person who,
after Independence Day, marries a citizen of Nevis shall, on
application in
such manner as may be prescribed by law, be entitled to be registered
as a
citizen of Nevis -
(a)
if the marriage has
subsisted for a period of five years prior to the application and is
still
subsisting; and
(b)
the applicant has been
ordinarily resident in Nevis for at least five years following the
marriage.
(2) The right to be registered as a citizen of
Nevis under this article shall be subject to such exceptions or
qualifications
as may be prescribed in the interests of national security or public
policy.
Registration
by virtue
of residence:
11.
(1) Any person may,
upon making application at any time after Independence Day, be
registered as a
citizen of Nevis if he has been resident continuously in Nevis for a
period of
fourteen years immediately before the date of his application.
(2)
The right to be
registered as a citizen of Nevis under this article shall be subject to
such
exceptions or qualifications as may be prescribed in the interests of
national
security or public policy.
Powers
of Parliament:
12.
Parliament may make
laws providing for persons not covered by articles 4 to 11 to become
citizens
of Nevis by naturalisation or registration.
No deprivation by
reason of dual citizenship:
13.
No person shall be
deprived of his Nevis citizenship or refused registration of
citizenship under
article 6, 10 or 11 by reason only that he is or may become a citizen
of
another country, or be required to renounce his citizenship of another
country.
Provisions
for renunciation
of citizenship:
14.
There shall be such
provision as may be made by Parliament-
(a)
for the renunciation
by any person of his citizenship;
(b)
for depriving of his
citizenship any person who has become a citizen by virtue of
registration or
naturalisation if his citizenship was obtained by false representation
or fraud
or wilful concealment of material facts or if he is convicted under any
law of
an act of treason or sedition:
Provided
that any law
enacted for the purposes of paragraph (b) of this article shall include
provisions under which the person concerned shall have a right of
appeal to a
court of law of competent jurisdiction or other independent authority
and shall
be permitted to appear before the court or authority in person or, at
his own
expense, to be represented by a legal practitioner of his own choice.
CHAPTER III
FUNDAMENTAL
RIGHTS AND
FREEDOMS
Fundamental
rights and
freedoms:
15.
Whereas every person
in Nevis is entitled to the fundamental rights and freedoms, that is to
say,
the right, whatever his race, place of origin, birth, 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, equality before the law and the protection of
the law;
(b)
freedom of conscience,
of expression and of assembly and association; and
(c)
protection for his
personal privacy, the privacy of his home and other property and from
deprivation of property without compensation,
the
provisions of this
Chapter shall have effect for the purpose of affording protection to
those
rights and freedoms subject to such limitations of that protection as
are
contained in those provisions, being limitations designed to ensure
that the
enjoyment of those rights and freedoms by any person does not impair
the rights
and freedoms of others or the public interest.
Right
to life:
16.
(1) A person shall not
be deprived of his life intentionally save in execution of the sentence
of a
court in respect of a criminal offence of treason or murder under any
law of
which he has been convicted.
(2)
A person shall not be regarded as having been deprived of his life in
contravention of paragraph (1) 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 that person of a criminal offence,
or if he
dies as the result of a lawful act of war.
Right
to personal
liberty:
17.
(1) A person shall not
be deprived of his personal liberty save as may be authorised by law in
any of
the following cases, that is to say -
(a)
in consequence of his
unfitness to plead to a criminal charge;
(b) in execution of
the sentence or order of a court,
whether established for Nevis or some other country, in respect of a
criminal
offence of which he has been convicted;
(c)
in execution of the
order of the High Court or the Court of Appeal punishing him for
contempt of
that court or of another court or tribunal;
(d)
in execution of the
order of a court made to secure the fulfilment of any obligation
imposed on him
by law;
(e)
for the purpose of
bringing him before a court in execution of the order of a court;
(t)
upon reasonable
suspicion of his having committed, or being about to commit, a criminal
offence
under any law;
(g)
under the order of a
court or with the consent of his parent or guardian, for his education
or
welfare during any period ending not later than the state when he
attains the
age of eighteen years;
(h)
for the purpose of
preventing the spread of an infectious or contagious disease;
(i) in the case of a
person who is, or is reasonably
suspected to be, of unsound mind; addicted to drugs or alcohol, or a
vagrant,
for the purpose of his care or treatment or the protection of the
community; or
(j)
for the purpose of preventing
the unlawful entry of that person into Nevis or for the purpose of
effecting
the expulsion, extradition or other lawful removal of that person from
Nevis or
for the purpose of restricting that person while he is being conveyed
through
Nevis in the course of his extradition or removal as a convicted
prisoner from
one country to another.
(2)
Any person who is
arrested or detained shall with reasonable promptitude and in any case
not
later than forty-eight hours after such arrest or detention be informed
in a
language that he understands of the reasons for his arrest or detention
and be
afforded reasonable facilities for private
communication and
consultation with a legal practitioner of his own choice and, in the
case of a
person under the age of eighteen years, with his parents or guardian.
(3)
Any person who is
arrested or detained -
(a)
for the purpose of
bringing him before a court in execution of the order of a court; or
(b)
upon reasonable
suspicion of his having committed, or being about to commit, a criminal
offence
under any law, and
who is not released,
shall be brought before a court without undue delay and in any
case not
later
than seventy-two hours after his arrest or detention.
(4)
Where any person is
brought before a court in execution of the order of a court in any
proceedings
or upon suspicion of his having committed or being about to commit a
criminal
offence, he shall not be thereafter further held in custody in
connection with
those proceedings or that offence save upon the order of a court.
(5)
If any person arrested
or detained as mentioned in paragraph (3)(b) is not tried within a
reasonable
time, then, without prejudice to any further proceedings that may be
brought
against him, he shall be released either unconditionally or upon
reasonable
conditions, including in particular such conditions as are reasonably
necessary
to ensure that he appears at a later date for trial or for proceedings
preliminary to trial, and such conditions may include bail so long as
it is not
excessive.
(6)
Any person who is
unlawfully arrested or detained by any other person shall be entitled
to
compensation therefore from that other person or from any other person
or
authority on whose behalf that other person was acting:
Provided
that a judge, a
magistrate or a justice of the peace or an officer of a
court or a police
officer acting in pursuance of the order of a judge, a magistrate or a
justice
of the peace shall not be under any personal liability to pay
compensation under
this paragraph in consequence of any act performed by him in good faith
in the
discharge of the functions of his office and any liability to pay any
such
compensation in consequence of any such act shall be a liability of the
Government.
(7)
For the purposes of
paragraph (l)(b) a person charged before a court with a criminal
offence in
respect of whom a special verdict has been returned that he was guilty
of the
act or omission charged but was insane when he did the act or made the
omission
or that he is not guilty by reason of
insanity shall be
regarded as a person who has been convicted of a criminal offence and
the
detention of that person in consequence of such a verdict shall be
regarded as
detention in execution of the order of a court.
Freedom
from slavery
and forced labour:
18.
(1) A person shall not
be held in slavery or servitude.
(2)
No person shall be
required to
perform forced labour.
(3)
For the
purposes of this article,
the expression "forced labour" does not include -
(a)
any labour required in
consequence of the sentence or order of a court;
(b)
labour required of any
person while he is lawfully detained that, though not required in
consequence
of the sentence or order of a court, is reasonably necessary in the
interests
of hygiene or for the maintenance of the place at which he is detained;
(c)
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 as a
member of a
defence force, any labour that that person is required by law to
perform in
place of such service; or
(d)
any labour required
during any period of public emergency or in the event of any accident
or
natural calamity that threatens the life and well-being of the
community, to
the extent that the requiring of such labour is. reasonably justifiable
in the
circumstances 'Of any situation arising or existing during that period
or as a
result of that accident or natural calamity, for the purpose of dealing
with
that situation.
Protection
from
inhuman treatment:
19.
A person shall not be
subjected to torture or to inhuman or degrading punishment or other
like
treatment.
Protection from
deprivation
of property:
20.
(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
for a public purpose and by or under the provisions of a law that
prescribes
the principles on which and the manner in which compensation therefore
is to be
determined and given.
(2)
Every person having an
interest in or right over property that is compulsory taken possession
of or
whose interest in or right over any property is compulsorily acquired
shall
have a right of direct access to the High Court for -
(a)
the determination of
his interest or right, the legality ofthe taking of possession or
acquisition
of the property, interest or right and the amount of any compensation
to which
he is entitled; and
(b)
the purpose of
enforcing his right to prompt payment of that compensation:
Provided
that, if
Parliament so provides in relation to any matter referred to in
sub-paragraph
(a), the right of access shall be by way of appeal (exercisable as of
right at
the instance of the person having the interest in or right over the
property)
from a tribunal or authority, other than the High Court, having
jurisdiction
under any law to determine that matter.
(3)
The Chief Justice may
make rules with respect to the practice and procedure of the High Court
or,
subject to such provision as may have been made in that behalf by
Parliament,
with respect to the practice and procedure of any other tribunal or
authority
in relation to the jurisdiction conferred on the High Court by
paragraph (2) or
exercisable by the other tribunal or authority for the purposes of that
paragraph (including rules with respect to the time within which
applications
or appeals to the High Court or applications to the other tribunal or
authority
may be brought).
(4)
A person who is
entitled to compensation by virtue of paragraph (1) shall not be
prevented from
remitting-, within a reasonable time after he has received any amount
of that
compensation in the form of a sum of money or, as the case may be, has
received
any such amount in some other form and has converted any of that amount
into a
sum of money, the whole of that sum of money (subject to any tax that
applies
generally to persons remitting moneys but free from any other
deduction, charge
or tax made or levied in respect of its remission) to any country of
his choice
outside Nevis.
(5)
Nothing contained in
or done under the authority of any law shall be held to be inconsistent
with or
in contravention of paragraph (4) to the extent that the law in
question
authorises -
(a)
the attachment, by
order of a court, of any amount of compensation to which a person is
entitled
in satisfaction of he judgement of a court or pending the determination
of
civil proceedings to which he is a party;
(b)
the imposition of
reasonable restrictions on the manner in which any sum of money is to
be
remitted; or
(c)
the imposition of
reasonable restrictions upon the remission of any sum of money in order
to
prevent or regulate the transfer to a country
outside Nevis of
capital raised in Nevis or in some other country or derived from the
natural
resources of Nevis.
(6)
Nothing contained in
or done under the authority of any law shall be held to be inconsistent
with or
in contravention of paragraph (1) -
(a)
to the extent that the
law in question makes provision for the taking of possession of or
acquisition
of any property, interest or right-
(i)
in satisfaction of any
tax, rate or due;
(ii)
by way, of penalty
for breach of any law or forfeiture in consequence of breach of any law;
(iii)
as an incident of a
lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
(iv)
in the execution of
judgements or orders of a court in proceedings for the determination of
civil
rights or obligations,
(v)
in circumstances where
it is reasonably necessary so to do because the property is in a
dangerous
state or likely to be injurious to the health of human beings,
animals
or
plants;
(vi)
in consequence of any
law with respect to the limitation of actions; or .
(vii)
for so long only as
may be necessary for those purposes, for the purposes of any
examination,
investigation, trial or inquiry or, in the case of land, for the
purposes of
the carrying out thereon of work of soil conservation or the
conservation of
other natural resources or work relating to agricultural development or
improvement (being work relating to such development or improvement
that the
owner or occupier of the land has been required, and has without
reasonable
excuse refused or failed, to carry out), and
except so far as that
provision or, as the case may be, the thing done under the authority
thereof is
shown not to be reasonably justifiable in a democratic society; or
(b)
to the extent that the
law in question makes provision for the taking of possession of or
acquisition
of any of the following property (including an interest in or right
over property),
that is to say -
(i)
enemy property;
(ii)
property of a
deceased person, a person of unsound mind or a person who has not
attained the
age of eighteen years, for the purpose of its administration for the
benefit
ofthe persons entitled to the beneficial interest therein;
(iii)
property of a person
adjudged bankrupt or a body corporate in liquidation, for the purpose
of its
administration for the benefit of the creditors of the bankrupt or body
corporate and, subject thereto, for the benefit of other persons
entitled to
the beneficial interest in the property, or
(iv)
property subject to a
trust, for the purpose of vesting the property in persons 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.
(7)
Nothing contained in
or done under the authority of any law by Parliament 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 acquisition of any
interest
in or right over property, where that property, interest or right is
held by a
body corporate established by law for public purposes in which no
moneys have
been invested other than moneys provided by Parliament or by a
legislature
formerly having legislative authority in or for Nevis. '
Protection from
arbitrary
search:
21.
-
(1) Except with his
own consent, a person shall not be subject to the search of his person
or his
property or the entry by others on his premises.
(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)
that is reasonably
required in the interests of defence, public safety, public order;
public
morality; public health; town and country planning, the development and
utilisation of mineral resources or the development or utilisation of
any
property for a purpose beneficial to the community;
(b)
that is reasonably
required for the purpose of protecting the rights or freedoms of other
persons;
(c)
that authorises an
officer or agent of the Government, 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 that belongs to the Government, authority or body
corporate, as the case' may be; or
(d)
that authorises, for
the purpose of enforcing the judgement or order of a court in any civil
proceedings, the search of any person or property by order of a court
or entry
upon any premises by such an order, and
except so far as that
provision or, as the case may be, anything done under the authority
thereof is
shown not to be reasonably justifiable in a democratic society.
Protection
of the law:
22.
(1) All persons are
equal before the law and are entitled without any discrimination to the
equal
protection of the law.
(2)
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.
(3)
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
practitioner of his own choice;
(e)
shall be afforded
facilities to examine in person or by his legal representative the
witnesses
called by the prosecution before _he court, and to obtain the
attendance and
carry out the examination of witnesses to testify on his behalf before
the
court on the same conditions as those applying to witnesses called by
the
prosecution; and
(1)
shall be permitted to
have without payment the assistance of an interpreter if he cannot
understand
the language used at the trial, and
except with his own
consent the trial shall not take place in his absence unless he so
conducts
himself 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:
Provided
that the trial
may take place in his absence in any case in which it is so provided by
a law
under which he is entitled to adequate notice of the charge and the
date, time
and place of the trial and to a reasonable opportunity of appearing
before the
court.
(4)
When a person is tried
for any criminal offence, the accused person or any person authorised
by him in
that behalf shall, if he so requires and subject to payment of such
reasonable
fee as may be prescribed by law, be given within a reasonable time
after
judgement a copy for the use of the accused person of any record of the
proceedings made by or on behalf of the court.
(5)
A person shall not 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, and no penalty shall be imposed for any criminal offence that
is
severer in degree or description than the maximum penalty that might
have been
imposed for that offence at the time when it was committed.
(6)
A person who shows
that he has been tried by a competent court for a criminal offence and
either
convicted or acquitted shall not again be tried for that offence or for
any
other criminal offence of which he could have been convicted at the
trial for
that offence, save upon the order of a superior court in the course of
appeal
or review proceedings relating to the conviction or acquittal.
(7)
A person shall not be
tried for a criminal offence if he shows that he has been pardoned for
that
offence.
(8)
A person who is tried
for a criminal offence shall not be compelled to give evidence at the
trial.
(9)
A person who is charged
with an offence in a superior court shall have the right to trial by
jury.
(10)
Every person
convicted of a crime shall have the right to have his conviction and
sentence
reviewed by a higher tribunal according to law.
(11)
Any court or other
authority prescribed by law for the determination of the existence or
extent of
any civil right or obligation shall be established by law and shall be
independent and impartial, and where proceedings for such a
determination are
instituted by any person before such a court or other authority, the
case shall
be given a fair hearing within a reasonable time.
(12)
Where the existence
or extent of any civil right or obligation has been determined in
proceedings
in any court or before any other authority any party to those
proceedings
shall, if he so requires and subject to payment of such
reasonable fee as may
be prescribed by law, be entitled to obtain within a reasonable time
after the
judgement or other determination a copy of any record of the
proceedings made
by or on behalf of the court or other authority.
(13)
Except with the
agreement of all the parties thereto, all proceedings of every court
and all
proceedings for the determination of the existence or extent of any
civil right
or obligation before any other authority, including the announcement of
the
decision of the court or other authority, shall be held in public.
(14)
Nothing in paragraph
(13) shall prevent the court or other adjudicating authority from
excluding
from the proceedings persons other than the parties thereto and the
legal
practitioners representing them to such extent as the court or other
authority
-
(a)
may by law be empowered to do and may consider necessary or expedient
in
circumstances where publicity would impair 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 or the protection of the
private
lives of persons concerned in the proceedings; or
(b)
may by law be empowered or required to do in the interests of defence,
public
safety or public order.
(15)
Nothing contained in
or done under the authority of any law shall be held to be inconsistent
with or
in contravention of -
(a)
paragraph (3)(a)
to the extent that the law in
question imposes upon any person charged with a criminal offence the
burden of
proving particular facts;
(b)
paragraph (3)(e) to
the extent that the law in question imposes reasonable conditions that
must be
satisfied if witnesses called to testify on behalf of an accused person
are to
be paid their expenses out of public funds; or
(c)
paragraph (6) to the
extent that the law in question authorises a court to try a member of a
disciplined force for a criminal offence notwithstanding any trial and
conviction or acquittal of that member under the disciplinary law of
that
force, so, however, that any court so trying such a member and
convicting him
shall in sentencing him to any punishment take into account any
punishment
awarded him under that disciplinary law.
(16)
In the case of any
person who is held in lawful detention paragraph (2), sub-paragraphs
(d) and
(e) of paragraph (3) and paragraph (4) shall
not
apply in relation to
his trial for a criminal offence under the law regulating the
discipline of
persons held in such detention.
(17)
In this article,
"criminal offence" means a criminal offence under a law.
Freedom
of conscience:
23.
- (1) Except with his
own consent, a person shall not be hindered in the enjoyment of his
freedom of
conscience, including 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
or belief
in worship, teaching, practice and observance.
(2)
Except with his own
consent (or, if he is a person under the age of eighteen
years, the
consent of a person who is his parent or guardian) a person attending
any place
of education, detained in any prison or corrective institution or
serving in a
defence force shall not be required to receive religious instruction or
to take
part in or attend any religious ceremony or observance if that
instruction,
ceremony or observance relates to a religion that is not his own.
(3)
Every religious
community shall be entitled, at its own expense, to establish and
maintain
places of education and to manage any place of education that it wholly
maintains and such a community shall not be prevented from providing
religious
instruction for persons of that community in the course of any
education that
it wholly maintains or in the course of any education that it otherwise
provides.
(4)
A person shall not be
compelled to take any oath that is contrary to his religion or belief
or to
take any oath in a manner that 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 that is reasonably required -
(a)
in the interests of
defence, public safety, public order, public morality or public health;
(b)
for the purpose of
protecting the rights and freedoms of other persons, including the
right to
observe and practise any religion without the unsolicited intervention
of
members of any other religion; or
(c)
for the purpose of
regulating educational institutions in the interests of the persons who
receive
or may receive instruction in them,
and
except so far as that
provision or, as the case may be, the thing done under the authority
thereof is
shown not to be reasonably justifiable in a democratic society.
(6)
References in this article to a religion shall be construed as
including
references to a religious denomination, and cognate expressions shall
be
construed accordingly.
Freedom
of expression:
24.
-
(1) Except with his
own consent, a person shall not be hindered in the enjoyment of his
freedom of
expression, including freedom to hold opinions without interference,
freedom to
receive ideas and information without interference, freedom to
communicate
ideas and information without interference (whether the communication
is to the
public generally or to any person or class of persons) 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)
that is reasonably
required in the interests of defence, public safety, public order,
public
morality or public health;
(b)
that is reasonably
required for the purpose of protecting the reputations, rights and
freedoms of
other persons or the private lives of persons concerned in legal
proceedings,
preventing the disclosure of information received in confidence,
maintaining
the authority and independence of the courts or regulating telephony,
telegraphy, posts, wireless broadcasting or television; or
(c)
that imposes
restrictions upon public officers that are reasonably required for the
proper
performance of their functions, and
except so far as that
provision or, as the case may be, the thing done under the authority
thereof is
shown not to be reasonably justifiable in a democratic society.
Freedom
of assembly and
association:
25.-
(1) Except with his
own consent, a person shall not be hindered in the enjoyment of his
freedom of
assembly and association, that is to say, his right to assembly freely
and
associate with other persons and in particular to form or belong to
trade
unions or other associations for the protection of his interests or to
form or
belong to political parties or other political associations.
(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)
that is reasonably
required in the interests of defence, public safety, public order,
public
morality or public health;
(b)
that is reasonably
required for the purpose of protecting the rights or freedoms of other
persons;
or
(c)
that imposes
restrictions upon public officers that are reasonably required for the
proper
performance of their functions. and
except so far as that
provision or, as the case may be, the thing done under the authority
thereof is
shown not to be reasonably justifiable in a democratic society.
Freedom
of movement:
26.
-
(1) A person shall
not be deprived of his freedom of movement, that is to say, the right
to move
freely throughout Nevis, the right to reside in any part of Nevis, the
right to
enter Nevis, the right to leave Nevis and immunity from expulsion from
Nevis.
(2)
Any restriction on a
person's freedom of movement that is involved in his lawful detention
shall not
be held to be inconsistent with or in contravention of paragraph (1).
(3)
Nothing contained in
or done under the authority of any law shall be held to be inconsistent
with or
in contravention of paragraph (1) to the extent that the law in
question makes
provision -
(a)
for the imposition of
restrictions on the movement or residence within Nevis or on the right
to leave
Nevis of persons generally or any class of persons in the interests of
defence,
public safety, public order, public morality or public health 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 imposition of
restrictions, by order of a court, on the movement or residence within
Nevis of
any person or on any person's right to leave Nevis either in
consequence of his
having been found guilty of a criminal offence under any law or for the
purpose
of ensuring that he appears before a court at a later date for trial of
such a
criminal offence or for proceedings preliminary to trial or for
proceedings
relating to his extradition or lawful removal from Nevis;
(c)
for the imposition of
restrictions on the freedom of movement of any person who is not a
citizen;
(d)
for the imposition of
restrictions on the acquisition or use by any person of land or other
property
in Nevis.,
(e)
for the imposition of
restrictions upon the movement or residence within Nevis or on the
right to
leave Nevis of any public officer that are reasonably required for the
proper
performance of his functions,
(f)
for the removal of a
person from Nevis to be tried or punished in some other country for a
criminal
offence under the law of that other country or to undergo imprisonment
in some
other country in execution of the sentence of a court in respect of a
criminal
offence under a law of which he has been convicted; or
(g)
for the imposition of
restrictions on the right of any person to leave Nevis that are
reasonably
required in order to secure the fulfilment of any obligations imposed
on that
person by law, and
except so far as that
provision or, as the case may be, the thing done under the authority
thereof is
shown not to be reasonably justifiable in a democratic society.
Freedom from discrimination
on grounds of race etc:
27.-
(1) Subject to
paragraphs (4), (5) and (7), no law shall make any provision that is
discriminatory either of itself or in its effect.
(2)
Subject to paragraphs
(6), (7), (8) and (9), a person shall not be treated in a
discriminatory manner
by any person acting by virtue of any written law or in the performance
of the
functions of any public office or any public authority.
(3)
In this article the
expression "discriminatory" means affording different treatment to
different persons attributable wholly or mainly to their respective
descriptions by race, place of origin, birth out of wedlock, political
opinions
or affiliations, colour, sex or creed whereby persons of one such
description
are subjected to disabilities or restrictions to which persons of
another such
description are not made subject or are accorded privileges or
advantages that
are not accorded to persons of another such description.
(4)
Paragraph (1) shall
not apply to any law so far as that law makes provision -
(a)
for the appropriation
of public revenues or other public funds;
(b)
with respect to
persons who are not citizens;
(c)
whereby persons of any
such description as is mentioned in paragraph (3) may be subjected to
any
disability or restriction or may be accorded any privilege or advantage
that,
having regard to its nature and to special circumstances pertaining to
those
persons or to persons of any other such description, is reasonably
justifiable
in a democratic society.
(5)
Nothing contained in
any law shall be held to be inconsistent with or in contravention of
paragraph
(1) to the extent that it makes provision with respect to standards or
qualifications (not being standards or qualifications specifically
relating to
race, place of origin, birth out of wedlock, political opinions or
affiliations, colour, creed or sex) to be required of any person who is
appointed to or to act in any office in or under the Government, any
office in
the service of a local government authority or any office in a body
corporate
established by law for public purposes.
(6)
Paragraph (2) shall
not apply to anything that is expressly or by necessary implication
authorised
to be done by any such provision of law as is referred to in paragraph
(4) or
(5).
(7)
Nothing contained in
or done under the authority of any law shall be held to be inconsistent
with or
in contravention of paragraph (1) or (2) to the extent that the law in
question
makes provision whereby persons of any such description as is mentioned
in
paragraph (3) may be subjected to any restriction on the rights and
freedoms
guaranteed by articles 21, 23, 24, 25 and 27, being such a restriction
as is
authorised by article 21(2), 23(5), 24(2) or 25(2) or, as the case may
be,
sub-paragraph (a) or (g) of article 26(3).
(8)
Nothing in paragraph
(2) 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 any law.
(9)
Nothing in paragraph
(2) shall apply in relation to the exercise, of any function vested in
any
person or authority by any of the provisions of this Constitution
except
articles 94(1), 95(2), 96(1),97(1),98(1), and 99 (which relate to the
appointment etc. of public officers)
Emergency measures
derogating from article 17 or
27:
28.
Nothing contained in
or done under the authority of a law enacted by Parliament shall be
held to be
inconsistent with or in contravention of article
17
or 27 to the extent that the law authorizes the taking during a period
of public
emergency of measures that are reasonably justifiable for dealing with
the
situation that exists in Nevis or in part of Nevis during that period.
Persons detained
in derogation of article 17:
29.
-
(1) When a person is
detained under emergency measures derogating from article 17 by virtue
of
article 28 the following provisions shall apply, that is to say -
(a)he
shall, with
reasonable promptitude and in any case not more than seven days after
the
commencement of his detention, be informed in a language that he
understands
and in detail of the grounds upon which he is detained and furnished
with a
written statement in English specifying those grounds in detail;
(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
provision of law under which his detention is authorised;
(c)
not more than one
month after the commencement of his detention and thereafter during his
detention at intervals of not more than three months, his case shall be
reviewed by an independent and impartial tribunal established by law
and
presided over by a person appointed by the Chief Justice from among
persons who
hold the office of magistrate or who are legal practitioners;
(d)
he shall be afforded
reasonable facilities for private communication and consultation with a
legal
practitioner of his own choice who shall be permitted to make
representations
to the tribunal appointed for the review of the case of the detained
person;
and
(e)
at the hearing of his
case by the tribunal appointed for the review of his case he shall be
permitted
to appear in person or to be represented by a legal practitioner of his
own
choice.
(2)
On any review by a
tribunal in pursuance of this article of the case of a detained person
the
tribunal may make recommendations concerning the necessity or
expediency of
continuing his detention to the authority by which it was ordered but,
unless
it is otherwise provided by law, that authority shall not be obliged to
act in
accordance with any such recommendations.
(3)
Nothing contained in
paragraph (l)(d) or (1)(e) shall be construed as entitling a person to
legal
representation at public expense.
Additional
provision to
be made by Parliament:
30.
(1) An Act of
Parliament may make provision-
(a)
for the protection
against discrimination of the aged and the disabled;
(b)
for the protection of
children and their right to education, and
may declare that such
provision as may be specified in the Act shall have effect as if it
were set
out in this Chapter.
(2)
Article 31 shall apply
to a provision declared by an Act made in accordance with this article
to have
effect as if it were set out in this Chapter and the reference to
Chapter III in article 53(2) shall include
a reference to any provision so
declared.
Enforcement of
protective provisions:
31-
(1) If any person
alleges that any of the provisions of articles 15 to 29 (inclusive) has
been,
is being or is likely to be contravened in relation to him (or, in the
case of
a person who is detained, if any other person alleges such a
contravention in
relation to the detained person), then, without prejudice to any other
action with
respect to the same matter that is lawfully available, that person (or
that
other person) may apply to the High Court for redress.
(2)
The High Court shall
have original jurisdiction -
(a)
to hear and determine
any application made by any person in pursuance of paragraph (1); and
(b)
to determine any
question arising in the case of any person that is referred to it in
pursuance
of paragraph (3), and
may make such
declarations and orders, issue such writs and give such directions as
it may
consider appropriate for the purpose of enforcing or securing the
enforcement
of any of the provisions of articles 15 to 29 (inclusive):
Provided
that the High
Court may decline to exercise its powers under this paragraph if it is
satisfied that adequate means of redress for the contravention alleged
are or
have been available to the person concerned under any other law.
(3)
If in any proceedings
in any court (other than the Court of Appeal or the High Court or a
court-martial) any question arises as to the contravention of any of
the
provisions of articles 15 to 29 (inclusive), the person presiding in
that court
may and, if any _arty to the proceedings so requests, shall refer the
question
to the High Court unless, in his opinion, the raising of the question
is merely
frivolous or vexatious.
(4)
Where any question is
referred to the High Court in pursuance of paragraph
(3), the High
Court shall give its decision upon the question and the court in which
the
question arose shall dispose of the case in accordance with that
decision or,
if that decision is the subject of an appeal to the Court of Appeal or
to Her Majesty
in Council, in accordance with the decision of the Court of Appeal or,
as the
case may be, of Her Majesty in Council.
(5)
The High Court shall
have such powers in addition to those conferred by this article as may
be
conferred upon it by Parliament for the purpose of enabling it more
effectively
to exercise the jurisdiction conferred upon it by this article.
(6)
The Chief Justice may
make rules with respect to the practice and procedure of the High Court
in
relation to the jurisdiction and powers conferred on it by or under
this
article (including rules with respect to the time
within which applications may be brought and references shall be made
to the
High Court). .
Declaration
of emergency:
32.
-
(1) The
Governor-General may by proclamation
declare that for the purposes of this Chapter a state of emergency
exists
either in Nevis or in part of Nevis.
(2)
A proclamation under
paragraph (1) shall not be effective unless it includes a declaration
that the
Governor-General is satisfied that a public emergency has arisen -
(a)
because of the
possibility that Nevis may shortly be at war;
(b)
because of the
occurrence of any accident or natural calamity; or
(c)
because action has
been taken by any person, or there is an imminent threat of action by
any
person, of such a nature and on so extensive a scale as to be likely to
endanger the public safety or to deprive the community or any
substantial
portion of the community of supplies or services essential to life.
(3)
Every declaration of
emergency shall lapse -
(a)
in the case of a
declaration made when the House of Assembly is sitting, at the
expiration of a
period of seven days beginning with the date of publication of the
declaration;
and
(b)
in any other case, at
the expiration of a period of twenty-one days beginning with the date
of
publication of the declaration,
unless it has in
the meantime
been approved by resolution of the Assembly.
(4)
A declaration of
emergency may at any time be revoked by the Governor-General by
proclamation. .
(5)
Unless sooner revoked,
a declaration of emergency that has been approved by resolution of the
House of
Assembly shall cease to be in force if that resolution ceases to be in
force.
(6)
A resolution of the
House of Assembly passed for the purposes of this article shall remain
in force
for twelve months or such shorter period as may be specified therein:
Provided
that any such
resolution may be extended from time to time by a further such
resolution, each
extension not exceeding twelve months from the date of the resolution
effecting
the .extension; and any such resolution may be revoked at any time by a
further
resolution.
(7)
A resolution of the
House of Assembly for the purposes of paragraph (3) and a resolution of
the
Assembly extending any such resolution shall not be passed in the
Assembly
unless it is supported by the votes of not less than two-thirds of all
the
Representatives and Senators; and a resolution revoking any such
resolution
shall not be so passed unless it is supported by the votes of a
majority of all
the Representatives and Senators.
(8)
Any provision of this
article that a declaration of emergency shall lapse or cease to be in
force at
any particular time is without prejudice to the making of a further
declaration
of emergency whether before or after that time.
(9)
In this article
"declaration of emergency" means a declaration under paragraph (1).
Interpretation
and savings:
33.
(1) In this Chapter,
unless the context otherwise requires -
"contravention",
in relation to any requirement, includes a failure to comply with that
requirement,
and cognate expressions shall be construed accordingly;
"court"
means
any court of law having jurisdiction in Nevis other than a court
established by
a disciplinary law, and includes Her Majesty in Council and in articles
16 and
18 a court established by a disciplinary law; "disciplinary
law" means a law regulating the discipline of any disciplined force; disciplined
force" means -(a)
a defence force; (b) the Police Force; or ( c) a prison service;
"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)
In this Chapter
"a period of public emergency" means any period during which -
(a)
Nevis is at war; or
(b)
there is in force a
declaration under article 32 that a state of emergency exists in Nevis
or in
part of Nevis.
(3) In relation
to any person who is a member
of a disciplined force of Nevis, nothing contained in or done under the
authority of the disciplinary law of that force shall be held to be
inconsistent with or in contravention of any of the provisions of this
Chapter
other than articles 16, 18 and 19.
(4) In relation to
any person who is a member of a disciplined force of a country other
than Nevis
and lawfully present in Nevis, 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.
(5)
Nothing in this Chapter
shall be construed as empowering the legislature to make any law that
would
impede the due exercise by any person or authority of any power or
other
function vested in that person or authority by this Constitution.
CHAPTER
IV
THE
GOVERNOR-GENERAL
Establishment
of office:
34.
(1) There shall be a
Governor-General for Nevis 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 Nevis.
(2) A
person shall
not be qualified to be appointed
to the office of Governor General unless he and one of his parents
are
citizens of Nevis by virtue of article 4 or article 8.
Acting
Governor-General:
35
(1) During any period
when the office of the Governor-General is vacant or the holder of the
office
of Governor-General is absent from Nevis or is for any other reason
unable to
perform the functions of his office those functions shall be performed
by such
person as Her Majesty may appoint.
(2)
Any person appointed
under paragraph (I) shall hold office during Her Majesty's pleasure and
shall
in any case cease to perform the functions of the office of
Governor-General if
the holder of the office of Governor General has notified him that
he is-
about to assume or resume those functions.
Deputy
to
Governor-General:
36
(I) When the
Governor-General -
(a)
has occasion to be
absent from the seat of government but not from Nevis for a period
determined
in his own deliberate judgement;
(b)
has occasion to be
absent from Nevis for a period that he considers, in his own deliberate
judgement, will be of short duration; or
(c)
is suffering from an
illness that he considers, in his own deliberate judgement, will be of
short
duration, . he
may, acting in
accordance with the advice of the Prime Minister, appoint any person in
Nevis
to be his deputy during such absence or illness and in that capacity to
perform
on his behalf such of the functions of the office of Governor-General
as may be
specified in the instrument by which he is appointed.
(2)
The power and
authority of the Governor-General shall not be abridged, altered or in
any way
affected by the appointment of a deputy under this article and, subject
to the
provisions of this Constitution and any other law, a deputy shall
conform to
and observe all instructions that the Governor-General,
acting
in his own deliberate judgement, may from time to time address to him:
Provided
that the question
whether or not a deputy has conformed to and observed any such
instructions
shall not be enquired into by any Court.
(3)
A person appointed as
deputy under this article shall hold his 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.
Oaths:
37.
A person appointed to
hold or act in the office of Governor-General or to be his deputy
shall, before
entering upon the duties of that office, take and subscribe the oath of
allegiance and the oath of office.
CHAPTER
V
PARLIAMENT
PART
l
Composition
of
Parliament
Establishment:
38.
There shall be a
Parliament of Nevis which shall consist of Her Majesty and a House of
Assembly.
House of
Assembly:
39.
(1) The House of
Assembly shall consist of-
(a)
such number of Representatives as corresponds with the number of
constituencies
for the time being established in accordance with article 48; and
(b)
such number of Senators as is specified in paragraph (2) of this
article, who
shall be appointed in accordance with article 44.
(2)
The number of Senators
shall be three or such greater number (not exceeding two-thirds of the
number
of Representatives) as may be prescribed by Parliament:
Provided
that at any time
when a person who is a Senator holds the office of Attorney-General the
number
of Senators shall be increased by one.
(3)
If a person who is not
a member of the Assembly is elected to be Speaker he shall, by virtue
of
holding the office of Speaker, be a member of the Assembly.
(4)At
any time when the
office of Attorney-General is a public office the Attorney-General
shall, by
virtue of holding or acting in that office, be a member of the Assembly.
Sitting
or voting when
not entitled to do so:
40
(1) Any person who sits
or votes in the Assembly knowing or having reasonable grounds for
knowing that
he is not entitled to do so shall be guilty of a criminal offence and
liable to
a fine not exceeding one hundred dollars, or such other sum as may be
prescribed
by Parliament, for each day on which he so sits or votes in the
Assembly.
(2)
Any prosecution for an offence under paragraph (1) shall be instituted
in the
High Court and shall not be so instituted except by or on the
directions of the
Director of Public Prosecutions.
Qualifications for
Representatives and Senators:
41.
Subject to article 42
a person shall be qualified to be elected or appointed as a member
ofthe
Assembly if, and shall not be so qualified unless, he is a citizen of
the age
of eighteen years or upwards and he or one of his parents was born in
Nevis.
Disqualifications
for
Representatives and Senators:
42.
-(1) A person shall
not be qualified to be elected or appointed as a member if he -
(a)
is, by virtue of his
own act, under any acknowledgement of allegiance, obedience or
adherence to a
foreign power or state;
(b)
is a minister of
religion;
(c)
is an undischarged
bankrupt, having been adjudged or otherwise declared bankrupt under any
law;
(d)
is a person certified
to be insane or otherwise adjudged to be of unsound mind under any law;
or
(
e)
is under sentence of death imposed on him by a Court of law in
any
part of the
Commonwealth or is serving a sentence of imprisonment (by whatever name
called)
exceeding twelve months imposed on him by such a Court or substituted
by
competent authority for some other sentence imposed on him by such a
Court, or
is under such a sentence of imprisonment the execution of which has
been
suspended.
(2)
If
it is so provided by Parliament, a person shall not be qualified to be
elected
or appointed as a member if he holds or is acting in any office that is
specified by Parliament and the functions of which involve
responsibility for,
or in connection with, the conduct of any election of Representatives
or the
compilation of any register of voters for the purpose of electing
Representatives.
(3)
If it is so provided by Parliament, a person who is convicted by any
court of
law of any criminal offence that is prescribed by Parliament and that
is
connected with the election of Representatives or is reported guilty of
such an
offence by the Court trying an election petition shall not be
qualified, for
such a period (not exceeding five years) following his conviction or,
as the
case may be, following the report of the Court as may be so prescribed,
to be
elected or appointed as a member.
(4)
A person shall not be qualified to be elected as a Representative who
is a
Senator; and a person shall not be qualified to be appointed as a
Senator who
is, or is nominated for election as, a Representative or who has at any
time
since Parliament was last dissolved stood as a candidate for election
as a
Representative without being so elected.
(5)
If it is so provided by Parliament and subject to such exceptions and
limitations (if any) as Parliament may prescribe, a person shall not be
qualified
to be elected or appointed as a member if -
(a)
he holds or is acting in any office or appointment in the public
service
(whether specified individually or by reference to a class of office or
appointment);
(b)
he belongs to any defence force or to any class of person that is
comprised in
any such force;
(c)
he belongs to any police force or to any class of person that is
comprised in
any such force; or
(d)
subject to any exceptions or limitations prescribed by Parliament, he
has any
such interest in any such government contract as may be so prescribed.
(6)
In this article -
"government
contract" means any contract made with the Government or with a
department
of the Government or with an officer of the Government contracting as
such; "member"
means
member of the Assembly;
(7)
For the purposes of
sub-paragraph (d) of paragraph (1) -
(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
anyone 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.
Election of
Representatives:
43.-
(1) Each of the
constituencies established in accordance with the provisions of article
48
shall return one Representative to the Assembly who shall be elected in
such
manner as may, subject to the provisions of this Constitution, be
prescribed by
or under any law enacted by Parliament.
(2)
Every citizen of Nevis
and Commonwealth citizen of the age of eighteen years or upwards who
possesses
such qualifications relating to residence or domicile in Nevis as
Parliament
may prescribe shall, unless he is disqualified by Parliament from
registration
as such, be entitled to be registered
as a voter for
the purpose of electing Representatives in one (but not more than one)
constituency in accordance with the provisions of any law in that
behalf and no
other person may be registered as such.
(3)
Every citizen of Nevis
and Commonwealth citizen who is registered under paragraph (2) in any
constituency shall, unless he is disqualified by Parliament from voting
in any
election of Representatives, be entitled so to vote in that
constituency in
accordance with the provisions of any law in that behalf and no other
person
may so vote.
(4)
In any election of
Representatives the votes shall be given by ballot in such manner as
not to
disclose how any particular person votes.
Appointment
of Senators:
44.-
(1) Of the Senators -
(a)
one-third of their
number (excluding any Senator who holds the office of Attorney-General)
shall
be appointed by the Governor General, acting in accordance with
the advice of
the Leader of the Opposition; and
(b)
the others shall be
appointed by the Governor-General, acting in accordance with the advice
of the
Prime Minister.
(2)
In this section
"one-third" means, in relation to a number of Senators that is not a
multiple of three, one-third of the next higher number that is such a
multiple.
(3)
Where there is no Representative opposed to the Government or no
Representative
who. is willing to assume the functions of Leader 'of the Opposition
the
Governor-General acting in his own deliberate judgement shall exercise
the
powers of he Leader of the Opposition under paragraph (1) (a) of this
article.
Tenure
of Office of Representatives and Senators:
45.-
(1) An elected or appointed member shall vacate his seat in the House
of
Assembly at the next dissolution of Parliament after his election or
appointment.
(2)
A Senator appointed -
(a)
under paragraph (1)(a)
of article 44 shall vacate his seat in the Assembly if his appointment
is
revoked by the Governor-General, acting on the advice of the Leader of
the
Opposition;
(b)
under paragraph (1)(b)
of that article shall vacate his seat in the Assembly if his
appointment is
revoked by the Governor-General, acting in accordance with the advice
of the
Prime Minister; or
(c)
under paragraph (3) of
that article shall vacate his seat in the Assembly if his appointment
is
revoked by the Governor-General in his own deliberate judgement.
(3)
An elected or appointed member shall also vacate his seat in the
Assembly -
(a)
if he is absent from
the sittings of the Assembly for such period and in such circumstances
as may
be prescribed in the rules of procedure of the Assembly;
(b)
if he ceases to be a
citizen, unless he holds the office of Attorney-General as a
public office;
(c)
subject to paragraph
(4), if any other circumstances arise that, if he
were not a member,
would cause him to be disqualified to be elected or appointed as such
by virtue
of paragraph (1) of article 42 or of any law enacted in pursuance of
paragraphs
(2), (3) or (5) of that article; or
(d)
in the case of a
Senator who holds the office of Attorney-General, if he ceases to hold
that
office.
(4)
(a)
If any such
circumstances as are referred to in sub-paragraph (c) of paragraph (3)
arise
because an elected or appointed member is under sentence of death or
imprisonment, adjudged to be of unsound mind, declared bankrupt or
convicted or
reported guilty of an offence relating to elections and if it is open
to the
member to appeal against the decision (either with the leave of a court
of law
or other authority or without such leave), he shall forthwith cease to
perform
his functions as a member but, subject to the provisions 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 and fifty days shall not be given without the approval,
signified
by resolution, of the Assembly.
(b)
If, on the
determination of 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 on the refusal of leave
to
appeal or for any other reason, it ceases to be open to the member to
appeal,
he shall forthwith vacate his seat.
(c)
If at any time before
the member vacates his seat such circumstances cease to exist, his seat
shall
not become vacant on the expiration of the period referred to in
sub-paragraph
(a) of this paragraph and he may resume the performance of his
functions as a
member. .
(5)
In this article
"member" means member of the Assembly.
Speaker:
46.--
(1)
When the Assembly
first meets after any general election and before it proceeds to the
despatch
of any other business, it shall elect a person to be the Speaker of the
Assembly; and if the office of Speaker falls vacant at any time before
the next
dissolution of Parliament, the Assembly shall, as soon as practicable,
elect
another person to that office.
(2)
The Speaker may be
elected from among the members of the Assembly who are not members of
the
Cabinet or from among persons who are not members of the Assembly but
who are
qualified for election as a Representative or appointment as a Senator.
(3)
No business shall be
transacted in the House of Assembly (other than the election of a
Speaker) at
any time when the office of Speaker is vacant.
(4)
A person shall vacate
the office of Speaker -
(a)
in the case of a
Speaker elected from among the members of the House of Assembly-
(i)
if he ceases to be a
member of the Assembly; Provided
that the Speaker
shall not vacate his office by reason only that he has ceased to be a
member of
the House of Assembly on a dissolution of Parliament, until the House
of
Assembly first meets after the dissolution; or
(ii)
if he becomes a
member of the Cabinet or a Minister .of State;
(b)
in the case of a
Speaker elected from among persons who are not members of the House of
Assembly-
(i)
when the Assembly
first meets after any dissolution of Parliament;
(ii)
if he ceases to be a
citizen; or
(iii)
if any circumstances
arise that would cause him to be disqualified for election as a
Representative
or appointment as a Senator; or
(c)
if the House of
Assembly by a resolution which has received the affirmative vote of a
majority
of all its members has resolved that his appointment as such be revoked.
Provided
that -
(i)
at least ten days
notice of the moving of the resolution is given;
(ii) the ground for
the moving of the resolution is
stated therein;
(iii)
the Clerk of the
Assembly shall preside over the sitting at which the resolution is
taken.
(5)
If the Speaker is, for
any reason unable to perform the functions of his office, the House of
Assembly
shall elect a person qualified to be elected as Speaker to perform the
functions of the office of Speaker until the Speaker is able to resume
those
functions.
(6)
(a)
If, by virtue of
article 45(4), the Speaker is required to cease to perform his
functions as a
member of the House of Assembly he shall also cease to perform his
functions as
Speaker and those functions shall, until he vacates his seat in the
Assembly or
resumes the performance of the functions of his office, be performed by
such
other person as the House of Assembly may elect for the purpose.
(b)
If the Speaker resumes the performance of his functions as a member of
the
Assembly, he shall also resume the performance of his functions as
Speaker.
Electoral
and BoundariesnCommission:
47.-
(1) There shall be an
Electoral and Boundaries Commission for Nevis (hereinafter in this Part
referred to as "the Commission").
(2)
The Commission shall
consist of a Chairman and two other members.
(3)
The Chairman shall be
appointed by the Governor-General acting in his own deliberate
judgement; one
of the other members shall be appointed by the Governor-General on the
advice
of the Prime Minister and one by the Governor-General on the advice of
the
Leader of the Opposition. Provided
that where there
is no Representative opposed to the Government or no Representative
willing to
assume the functions of Leader of the Opposition, the Governor-General
acting
in his own deliberate judgement shall appoint the third member of the
Commission.
(4)
No person shall be
qualified to be appointed as a member of the Commission if he is a
member of the
House of Assembly or if he holds or is acting in any public office.
(5)
If any member of the
Commission dies or resigns, the Governor-General shall appoint another
person
in his place in the same manner in which such member was appointed.
(6)
Subject to the
provisions of this article, the office of a member of the Commission
shall
become vacant -
(a)
at the expiration of
five years from the date of his appointment; or
(b)
if any circumstances
arise that, if he were not a member of the Commission, would cause him
to be
disqualified for appointment as such.
(7)
A member of the Commission may be removed from office only for
inability to
perform the functions of his office (whether arising from infirmity of
mind or
body or from any other cause) or for misbehaviour, and shall not be so
removed
except in accordance with the provisions of this article.
(8)
If the office of a
member of the Commission is vacant or a member is for any reason unable
to
perform the functions of his office, the Governor General may
appoint another
person in the same manner in which such member was appointed, to act as
a
member of the Commission, and any person so appointed shall, subject to
the
provisions of paragraph (7) of this article, continue to act until he
is
notified by the Governor-General that the circumstances giving rise to
the
appointment have ceased to exist.
(9)
A member of the
Commission shall not enter upon the duties of his office unless he has
taken
and subscribed the oath of allegiance and the oath of office.
(10)
The provisions of
article 114 (which relate to removal from office and suspension) shall
apply to
the office of a member of the Commission, and the prescribed authority
for the
purposes of that article shall be the Prime Minister acting after
consultation
with the Leader of the Opposition.
(11)
The Commission may
regulate its own procedure and, with the approval of the
Governor-General given
in accordance with the advice of the Prime Minister, confer powers or
impose
duties on any public officer or authority of the Government for the
purpose of
the discharge of its functions..
(12)
The functions of the
Commission shall include the supervision of the Supervisor of Elections
in the
performance of his functions under article 49.
(13)
The Commission may,
subject to its rules of procedure, act notwithstanding any vacancy in
its
membership and its proceedings shall not
be invalidated by the
presence or participation of any person not entitled to be present at
or to
participate in those proceedings:
Provided
that any decision
of the Commission shall require the concurrence of a majority of all
its
members.
Review
of constituency
boundaries:
48.-
(1) The Commission
shall, in accordance with the provisions of this article, review the
number and
boundaries of the constituencies into which Nevis is divided and submit
to the
Prime Minister for presentation to the House of Assembly, reports
either-
(a)
showing the
constituencies into which it recommends that Nevis should be divided in
order
to give effect to the rules set out in the First Schedule; or
(b)
stating that, in its
opinion, no alteration is required to the existing number or boundaries
of
constituencies in order to give effect to those rules.
(2)
Reports under
paragraph (1) shall be submitted by the Commission as soon as may be
after the
commencement of this Constitution and thereafter at intervals of not
less than
two nor more than five years.
(3)
As soon as may be
after the Commission has submitted a report under paragraph (1) (a),
the Prime
Minister shall lay before the Assembly for its approval the draft of a
proclamation by the Governor-General for giving effect, whether with or
without
modifications, to the recommendations contained in the report, and that
draft
proclamation may make provision for any matters that appear to the
Prime
Minister to be incidental to or consequential upon the other provisions
of the
draft.
(4)
Where any draft
proclamation laid before the House of Assembly gives effect to any
recommendations of the Commission with modifications, the Prime
Minister shall
lay before the House of Assembly together with the draft a statement of
the
reasons for the modifications.
(5)
If the motion for the
approval of any draft proclamation laid before the House of Assembly
under
paragraph (3) is rejected by the Assembly, or is withdrawn by leave of
the
Assembly, the Prime Minister within 45 days shall amend the draft and
lay the
amended draft before the Assembly.
(6)
If any draft
proclamation laid before the House of Assembly under paragraph (3) or
(5) is
approved by a resolution of the Assembly, the Prime Minister shall
submit it to
the Governor-General who shall make a proclamation in terms of the
draft; and
that proclamation shall come into force upon the next dissolution of
Parliament
after it is made.
(7)
The
question of the validity of any proclamation by the Governor
General
purporting to be made under paragraph (6) and reciting that a draft
thereof has
been approved by resolution of the House of Assembly shall not be
enquired into
in any Court except upon the ground that the proclamation does not give
effect
to rule 1 of the First Schedule. .
Supervisor
of Elections:
49.-
(1) There shall
be a Supervisor of Elections
whose duty shall be to exercise general supervision over the
registration of
voters in elections of Representatives and over the conduct of such
elections.
(2)
The functions of the
office of Supervisor of Elections shall be exercised either by the
person
holding or acting in such public office as may for the time being be
designated
in that behalf by the Governor-General or, if the Governor-General so
decides,
by such other person who is not a public officer as may for the time
being be
so designated.
(3)
A person shall not
enter upon the duties of the office of Supervisor of Elections until he
has
taken and subscribed the oath of allegiance and the oath of office.
(4)
For the purposes of
the exercise of his functions under paragraph (1), the Supervisor of
Elections
may give such directions as he considers necessary or expedient to any
registering officer, presiding officer or returning officer relating to
the
exercise by that officer of his functions under any law regulating the
registration of voters or the conduct of elections, and any officer to
whom any
such directions are given shall comply with those directions.
(5)
The Supervisor of
Elections may, whenever he considers it necessary or expedient to do
so. and
shall whenever so required by the Commission, report to the Commission
on the
exercise of his functions under paragraph (1); he shall also submit
every such
report to the Minister for the time being responsible for matters
relating to
the election of Representatives; and that Minister shall, not later
than seven
days after the Assembly first meets after he has received the report,
lay it
before the Assembly together with such comments thereon as he may have
received
from the Commission.
(6)
In the exercise of his
powers under paragraph (2) the Governor-General shall act in his own
deliberate
judgement after consulting the Prime Minister and the Leader of the
Opposition.
(7)
In the exercise of his
functions under paragraph (1), the Supervisor of Elections shall act in
accordance with such directions as he may from time to time be given by
the
Commission but shall not be subject to the direction or control of any
other
person or authority.
(8)
The Supervisor of
Elections shall exercise such other functions in relation to elections
as may
be prescribed by or under any law enacted by Parliament.
Clerk
of Assembly and
his staff:
50.-
(1) There shall be a
Clerk of the House of Assembly.
(2)
The office of the
Clerk of the House of Assembly and the offices of the members of his
staff
shall be public offices.
Determination of
questions of membership:
51.-
(1) The High Court
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;
(b)
any person has been
validly appointed as a Senator;
(c)
any member of the
House of Assembly has vacated his seat or is required, by virtue of
article
45(4), to cease to exercise any of his functions as a member of the
House of
Assembly; or
(d)
any person has been
validly elected as Speaker of the House of Assembly from among persons
who are
not members of the House of Assembly, or, having been so elected, has
vacated
the office of Speaker.
(2)
An application to the
High Court for the determination of any question under paragraph (1)(a)
may be
made by any person entitled to vote in the election to which the
application
relates or by any person who was, or alleges that he was, a candidate
at that
election or by the Attorney-General.
(3)
An application to the
High Court for the determination of any question under paragraph (1)(b)
or (1)(
d) may be made by any Representative or by the Attorney-General.
(4)
An application to the
High Court for the determination of any question under paragraph (1)(c)
may be
made-
(a)
by any Representative
or by the Attorney-General; or
(b)
in the case of a seat
of a Representative, by any person registered in the constituency as a
voter in
the election of Representatives.
(5)
If any such
application referred to in this article is made by a person other than
the
Attorney-General, the Attorney-General may intervene and may then
appear or be
represented in the proceedings.
(6)
There shall be such
provision as may be made by Parliament with respect to -
(a)
the circumstances and
manner in which and the imposition of conditions upon which any
application may
be made to the High Court for the determination of any question under
this
article; and
(b)
the powers, practices
and procedure of the High Court in relation to any such application.
(7)
An appeal shall lie as
of right to the Court of Appeal from any final decision of the High
Court under
this article.
(8)
No appeal shall lie from a decision of the Court of Appeal in the
exercise of
its jurisdiction under this article and no appeal shall lie from any
decision
of the High Court except as provided in paragraph (7).
(9)
In the exercise of his functions under this article, the
Attorney-General shall
not be subject to the direction or control of any other person or
authority.
PART
2
Legislation
and
Procedure in Parliament
Power
to
make laws:
52.
Subject to the
provisions of this Constitution, the legislative power of Nevis is
vested in
Parliament.
Alteration of
Constitution and Supreme Court Order:
53.
-
(1) Subject to the
provisions of this article, an Act of Parliament may alter this
Constitution or
the Supreme Court Order.
(2)
A Bill for an Act of
Parliament under this article that alters any of the following
provisions, that
is to say,
(a) Chapter I;
(b) articles 4,5, 8
and 9;
(c) Chapter III;
(d) articles 34, 35,
38, 39, 43, 44, 47(1), 48, 49,
51, 52, 53, 54, 58, 64, 65,66,67,68,75(1) and (2),77, 81(1) to (5),
97(1) and
(4);
(e) Chapter VII;
(f) Chapter VIII
(except articles 100 and 101);
(g) Chapter IX;
(h) articles 111 and
114, and article 115 insofar as
it applies to any of the foregoing provisions of this paragraph;
(i) articles 4, 5, 6,
8,11,18, and 19 of the Supreme
Court Order, shall
not be passed unless
at the final voting thereon in the House of Assembly it is supported by
the
votes of not less than two-thirds of all its members.
(3)
A Bill to alter this
article or any of the provisions specified in paragraph (2) of this
article
shall not be submitted to the Governor-General for his assent unless
-
(a)
there has been an
interval of not less than ninety days between the introduction of the
Bill in
the Assembly and the beginning of the proceedings in the Assembly on
the second
reading of the Bill; and
(b)
after it has been
passed by the Assembly the Bill has been approved on a referendum by
more than
one-half of all the votes validly cast on that referendum.
(4)
The provisions of
sub-paragraph (b) of paragraph (3) shall not apply in relation to any
Bill to
alter -
(a)
article 108 in order
to give effect to any agreement between Nevis and the United Kingdom
concerning
appeals from any Court having jurisdiction in Nevis to Her Majesty in
Council;
(b)
any of the provisions
of the Supreme Court Order in order to give effect to any international
agreement to which Nevis is a party relating to the Supreme Court or
any other
court of law (or any officer or authority having functions in respect
of any
such Court) constituted in common for Nevis and for other countries
also
parties to the agreement.
(5)
A Bill to alter any
other article of the Constitution not specified in paragraph (2) of
this
article shall not be passed unless at the final voting thereon in the
House of
Assembly it is supported by the votes of two thirds of all the members
of the
House of Assembly.
(6)
Every person who, at
the time when a referendum is held for the purposes of this article,
would be
entitled to vote in election of Representatives shall be entitled to
vote on
that referendum; and no other person shall be entitled to vote on that
referendum.
(7)
The right of any
person to vote on a referendum under this article shall be exercised in
accordance with such procedures as may be prescribed by Parliament for
the
purposes of the referendum.
(8) In any
referendum for the purposes of this article the votes shall be given by
ballot
in such manner as not to disclose how any particular person votes.
(9)
The conduct of any
referendum for the purposes of this article shall be the responsibility
of. the
Supervisor of Elections and the provisions of paragraphs (4), (5) and
(7) of
article 49 shall apply in relation to the exercise by the Supervisor of
Elections
or by any other officer of his functions with respect to a referendum
as they
apply in relation to the exercise of his functions with respect to
election of
Representatives.
(10)Bill
to alter any of the provisions of this Constitution or the
Supreme
Court Order shall not be submitted to the Governor-General for his
assent
unless it is accompanied by a certificate under the hand of the Speaker
that
the provisions of paragraphs (2) or (5) of this article and, where
applicable,
those of paragraph 3(a) have been complied with and, where a referendum
has
been held in pursuance of paragraph (3)(b), by a certificate under the
hand of
the Supervisor of Elections stating the results of the referendum.
(b)
The certificate of the
Speaker under this paragraph shall be conclusive that the provisions of
paragraphs (2) or (5) and, where applicable, those of paragraph (3) (a)
have
been complied with and shall not be enquired into in any court.
(11)
In this article -
(a)
references to this
Constitution or the Supreme Court Order or to any particular provision
of
either of them thereof include references to any other law in so far as
that
law alters the Constitution, the Supreme Court Order or that provision,
as the
case may be; and
(b)
references to altering
this Constitution or the Supreme Court Order or any particular
provision of
either of them include references
(i)
to repealing it, with
or without re-enactment thereof or the making of different provision in
lieu
thereof;
(ii)
to modifying it
(whether by omitting, amending or overriding any of its provisions or
inserting
additional provisions in it or otherwise); and
(iii)
to suspending its
operation for any period or terminating any such suspension.
(12)
No Act of Parliament
shall be construed as altering this Constitution or the Supreme Court
Order
unless it is stated in the Act that it is an Act for that purpose.
Regulation
of procedure:
54.-
(1) Subject to the
provisions of this Constitution, the Assembly may regulate its own
procedure
and may in particular make rules for the orderly conduct of its own
proceedings.
(2)
Subject to the proviso
to article 57(1), the Assembly may act notwithstanding any vacancy in
its
membership (including any vacancy not filled when the Assembly first
meets
after any general election) and the presence or participation of any
person not
entitled to be present at or to participate in the proceedings of the
Assembly
shall not invalidate those proceedings.
Presiding:
55.-
(1) The Speaker, or
in his absence, a. member of the Assembly (not being a Minister or
Minister of
State) elected by the Assembly for that sitting shall preside at each
sitting
of the Assembly.
(2)
References in this
article to circumstances in which the Speaker is absent include
references to
circumstances in which the office of Speaker is vacant and no person
has been
elected to perform the functions of the office of Speaker in accordance
with
article 46.
Quorum:
56.-
(1) If at any time
during a sitting of the House of Assembly 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 the Assembly, the
person presiding
ascertains that there is still not a quorum present, he shall thereupon
adjourn
the Assembly.
(2)
For the purpose of this
article the quorum of the Assembly shall consist of five members
including the
person presiding.
Voting:
57.
-
(1) Save as
otherwise provided in this Constitution, any question proposed for
decision in
the Assembly shall be determined by a majority of the votes of the
members present
and voting:
Provided
that -
(a)
questions of no
confidence in the Government shall be determined by a majority of the
votes of
all the Representatives;
(b)
except in the case of
a question of no confidence in the Government, a question shall not be
regarded
as having been validly determined by a vote in the House of Assembly on
occasions when the number of members voting are recorded unless not
less than
three fifths, or such greater number of members as Parliament may
prescribe,
take part in the voting.
(2)
A Speaker elected from
among persons who are members of the House of Assembly shall have an
original
but not a casting vote.
(3)
A Speaker who was
elected from among persons who were not members of the Assembly shall
have
neither an original nor a casting vote and if, upon any question before
the
Assembly when such a Speaker is presiding, the votes of the members are
equally
divided, the motion shall be lost.
Mode of
exercise of legislative power:
58.-
(1) The power of
Parliament to make laws shall be exercised by Bills passed by the
Assembly and
assented to by the Governor-General.
(2)
When a Bill is
submitted to the Governor-General for assent in accordance with the
provisions
of this Constitution he shall signify that he assents or that he
withholds
assent.
(3)
When the
Governor-General assents to a Bill that has been submitted to him in
accordance
with the provisions of this Constitution the Bill shall become law and
the
Governor-General shall thereupon cause it to be published in the
Gazette as
law.
(4)
No law made by
Parliament shall come into operation until it has been published in the
Gazette
but Parliament may postpone the coming into operation of any such law
and may
make laws with retrospective effect.
Introduction
of Bills,
etc. :
59.
Subject to the
provisions of this Constitution and of the rules of procedure of the
Assembly,
any member may introduce any Bill or propose any motion for debate in,
or may
present any petition to, the House of Assembly, and the same shall be
debated
and disposed of according to the rules of procedure of the Assembly.
Restrictions
with
regard to certain financial measures:
60.
Except on the
recommendation of Cabinet signified by a Minister, the House of
Assembly shall
not _
(a)
proceed upon any Bill
(including any amendment to a Bill) that, in the opinion of the person
presiding, makes provision for any of the following purposes -"
(i)
for the imposition of
taxation or the alteration of taxation otherwise than by reduction
(ii) for the
imposition of any charge upon the
Consolidated Fund or any other public fund of the Government or the
alteration
of any such charge otherwise than by reduction;
(iii)
for the payment,
issue or withdrawal from the Consolidated Fund or any other public fund
of the
Government of any moneys not charged thereon any increase in the amount
of such
payment, issue or withdrawal; or
(iv)
for the composition
or remission of any debt due to the Crown in right of the Government; or
(b)
proceed upon any
motion (including any amendment to a motion) the effect of which, in
the
opinion of the person presiding, would be to make provision for any of
those
purposes.
Privileges
and immunities:
61.
An Act of Parliament
may determine the privileges, immunities and powers of the House of
Assembly,
its Committees, members and officers.
Freedom
of speech:
62.
Without prejudice to
any provision made by Parliament relating to the powers, privileges and
immunities
of the Assembly and its Committees, or the privileges and immunities of
the
members and officers of the Assembly and of other persons concerned in
the
business of the Assembly or its Committees, no civil or criminal
proceedings
may be instituted against any member of the House of Assembly for words
spoken
before, or written in a report to, the Assembly or a Committee thereof
or by
reason of any matter or thing brought by him therein by petition, Bill,
resolution, motion, question or otherwise.
Oath:
63.-
(1) Every member of
the House of Assembly shall, before taking his seat in the Assembly,
take and
subscribe before the Assembly the oath of allegiance
but a member
may before taking that oath take part in the election of the Speaker.
(2) Any person
elected to the office of Speaker or to
perform the functions of that office shall, if he has not already taken
and
subscribed the oath of allegiance under paragraph (1), take and
subscribe that
oath before the Assembly before entering upon the duties of that office.
PART
3
Summoning,
prorogation and dissolution
Sessions:
64.
-
(1) Each session of
Parliament shall be held at such place within Nevis and shall begin at
such
time, not being later than one hundred and eighty days from the end of
the
preceding session if Parliament has been prorogued or ninety days from
the holding
of a general election of Representatives if Parliament has been
dissolved, as
the Governor-General shall appoint by proclamation.
(2)
Subject to paragraph
(1), the sittings of the House of Assembly shall be held at such time
and place
as the Assembly may, by its rules of procedure or otherwise, determine.
Prorogation
and
dissolution:
65.-
(1) The
Governor-General may at any time prorogue or dissolve Parliament.
(2)
Subject to paragraph
(3), Parliament, unless sooner dissolved, shall continue for five years
from
the date of the first sitting of the Assembly after any dissolution and
shall
then stand dissolved.
(3) At any time when
Nevis is at war, Parliament may
extend the period of five years specified in paragraph (2) 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.
(4)
In the exercise of his
powers to prorogue or dissolve Parliament the Governor-General shall
act in
accordance with the advice of the Prime Minister:
Provided
that if the
office of the Prime Minister is vacant and the Governor General,
acting in his
own deliberate judgement, considers that there is no prospect of his
being able
within a reasonable time to appoint to that office a person who
commands the
support of the majority of the Representatives, the Governor-General
shall
dissolve Parliament.
(5)
If, after a
dissolution of Parliament and before the holding of the general
election of
Representatives, the Prime Minister advises the Governor General
that, because
of some matter of urgent national importance, it is necessary to recall
Parliament, the Governor-General shall summon the Parliament that has
been
dissolved to meet, but the general election of Representatives shall
proceed
and the Parliament that has been recalled shall, if not sooner
dissolved, again
stand dissolved on the date appointed for the nomination of candidates
in that
general election.
Holding
of elections:
66.-
(1) A general
election of members of the Assembly shall be held at such time within
ninety
days after any dissolution of Parliament as the Governor General
may appoint.
(2)
As soon as may be
after every general election the Governor-General shall proceed under
article
44 to the appointment of Senators.
(3)
Where the seat of a
member of the Assembly falls vacant otherwise than by reason of a
dissolution
of Parliament -
(a)
if the vacant seat is
that of a Representative, a by-election shall be held; or
(b)
if the vacant seat is
that of a Senator, an appointment shall be made, to
fill the vacancy within
ninety days of the occurrence of the vacancy unless Parliament is
sooner
dissolved.
CHAPTER
VI
THE
EXECUTIVE
Executive
authority:
67.-
(1) The executive
authority of Nevis is vested in Her Majesty.
(2)
Subject to the
provisions of this Constitution, the executive authority of Nevis 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 the legislature from conferring functions on
persons or
authorities other than the Governor-General.
Cabinet:
68.-
(1) There shall be
for Nevis a Cabinet of Ministers which shall consist of the Prime
Minister and
the other Ministers.
(2)
The Cabinet shall be
the principal instrument of policy and shall be charged with the
general
direction and control of the Government of Nevis and shall be
collectively
responsible therefore to Parliament.
Appointment
of
Ministers:
69.-
(1) There shall be a
Prime Minister of Nevis who shall be appointed by the Governor-General.
(2)
A person shall not be
qualified to be appointed Prime Minister unless he and one of his
parents are
citizens of Nevis by virtue of article 4 or article 8.
(3)
Whenever the
Governor-General has occasion to appoint a Prime Minister he shall,
acting in
his own deliberate judgement, appoint a Representative who, in his
judgement,
is best able to command the support of the majority of the
Representatives.
(4)
There shall be, in
addition to the office of Prime Minister, such other offices of
Minister of the
Government (one of whom may be appointed as Deputy Prime Minister) as
may be
established by Parliament, or, subject to the provisions of any law
enacted by
Parliament, by the Governor General, acting in accordance with the
advice of
the Prime Minister.
(5)
Appointments to the
office of Minister, other than the office of Prime Minister, shall be
made by
the Governor-General, acting in accordance with the advice of the Prime
Minister, from among the members of the House of Assembly.
(6)
At any time when the
office of Attorney-General is a public office the Attorney-General
shall, by
virtue of holding or acting in that office, be a member of the Cabinet
in
addition to the Ministers.
(7)
If occasion arises for
making an appointment to the office of Prime Minister or any other
Minister
while Parliament is dissolved, then, notwithstanding the provisions of
paragraphs (3) and (5), a person who was a Representative immediately
before
the dissolution may be appointed as Prime Minister and a person who was
a
Representative or a Senator immediately before the dissolution may be
appointed
as any Minister other than Prime Minister.
inisters
of State:
70.
The Governor-General,
acting in accordance with the advice of the Prime Minister, may appoint
Ministers of State from among the members of the House of Assembly to
assist
Ministers in the performance of their duties.
Tenure of Ministers
and Ministers of State:
71.
-
(1) The
Governor-General shall remove the Prime Minister from office if a
resolution of
no confidence in the Government is passed by the House of Assembly and
the
Prime Minister does not within three days either resign from his office
or
advise the Governor-General to dissolve Parliament.
(2)
If, at any time
between the holding of a general election of Representatives and the
first
meeting of the House of Assembly thereafter, the Governor-General
considers
that, in consequence of changes in the membership of the Assembly
resulting
from that election, the Prime Minister will not be able to command the
support
of the majority of the Representatives, the Governor-General may remove
the
Prime Minister from office.
(3)
The office of any
Minister or Minister of State shall become vacant 7"
(a)
if the holder of the
office ceases to be a member of the Assembly otherwise than by reason
of the
dissolution of Parliament;
(b)
in the case of the
Prime Minister or any other Minister, if, when the Assembly first meets
after
any dissolution of Parliament, he is not then a Representative;
(c)
in the case of a
Minister of State, if, when the Assembly first meets after any
dissolution of
Parliament, he is not then a Representative or a Senator; or
(d)
if, by virtue of article 45(4), he is required to cease to perform his
functions as a member of the Assembly.
(4)
The office of a
Minister other than the Prime Minister or a Minister of State shall
become
vacant-
(a)
if the
Governor-General, acting in accordance with the advice of the Prime
Minister,
so directs;
(b)
if the Prime Minister
resigns from office within three days after a resolution of no
confidence in
the Government has been passed by the Assembly or is removed from
office under
paragraph (1) or (2); or
(c)
on the appointment or
re-appointment of any person to the office of Prime Minister.
(5)
In the exercise of the
powers conferred upon him by paragraph (2) the Governor-General shall
act in
his own deliberate judgement.
Allocation
of portfolios:
72.
The Governor-General,
acting in accordance with the advice of the Prime Minister, may, by
directions
in writing, assign to the Prime Minister or any other Minister
responsibility
for any subject or business of the Government, including the
administration of
any department of the Government.
Absence
or illness of
Prime Minister:
73.-
(1) Whenever the
Prime Minister-is absent from Nevis or by reason of illness is unable
to
perform the functions conferred upon him by this Constitution, the
Governor-General may authorise some other Minister to perform those
functions
(other than the functions conferred by this article) and that Minister
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, acting in his own deliberate judgement, considers
that it is
impracticable to obtain the advice of the Prime Minister owing to his
absence
or illness he may exercise those powers without that advice and in his
own deliberate
judgement.
Attorney-General:
74.-
(1) There shall be an
Attorney-General who shall be the principal legal adviser to the
Government.
(2)
The office of
Attorney-General shall be either a public office or the office of a
Minister.
(3)
No person shall be
qualified to hold or act in the office of Attorney General unless
he is a
citizen of Nevis or a Commonwealth citizen and has held the
qualifications
entitling him to admission to practice law in Nevis for at least five
years.
Exercise
of Governor General's functions:
75.-
(1) In the exercise
of his functions the Governor-General shall act in accordance with the
advice
of the Cabinet or a Minister acting under the general authority of the
Cabinet
except in cases where he is required by this Constitution to act in
accordance
with the advice of, or the recommendation of, any person or authority
other
than the Cabinet: Provided
that the
foregoing provisions shall not apply where the Governor General is
authorised
to act in his own deliberate judgement in accordance with the following
provisions -
(a)
article 37 (which
relates to the Governor-General's deputy);
(b)
article 47 (which
relates to the Electoral and Boundaries Commission);
(c)
article 49 (which
relates to the Supervisor of Elections);
(d)
articles 69 and 71(2)
(which relate to Ministers);
(e)
article 77 (which
relates to the Leader of the Opposition);
(f)
article 94 (which
relates to the appointment etc. of public officers);
(g)
article 100 (which
relates to the Public Service Board of Appeal).
(2)
Where the
Governor-General is directed to exercise any function in accordance
with the
recommendation of any person or authority, he shall exercise that
function
accordingly: Provided
that before the
Governor-General acts in accordance with a recommendation in any case
he may,
acting in his own deliberate judgement, once request the person or
authority by
whom it is made to reconsider the recommendation and if, upon any
reconsideration
of a recommendation, the person or authority makes a different
recommendation,
the Governor General acting in his own deliberate judgement, may
likewise once
request the person or authority by whom it is made to reconsider that
different
recommendation.
(3)
During any period in
which there is a vacancy in the office of Leader of the Opposition by
reason of
the fact that no person is both qualified for appointment to that
office in
accordance with article 77 and willing to accept appointment or if the
Governor-General, acting in his own deliberate judgement, considers
that it is
not practicable for him to obtain the advice of, or to consult, the
Leader of
the Opposition within the time within which it may be necessary for him
to act,
he may act without that advice and in his
own deliberate
judgement or, as the case may be, without such consultation, in the
exercise of
any power conferred upon him by this Constitution in respect of which
it is
provided that he shall act on the advice of, or after consultation
with, the
Leader of the Opposition.
(4)
Nothing in paragraph
(1) shall require the Governor-General to act in accordance with the
advice of
the Cabinet or a Minister in exercise of the functions conferred upon
him by
the following provisions -
(a)
the proviso to article
65(4) (which requires the Governor-General to dissolve Parliament in
certain
circumstances);
(b)
article 71(1) and (2)
(which requires the Governor-General to remove the Prime Minister from
office
in certain circumstances);
(c)
article 76 (which
entitles the Governor-General to information);
(d)
articles 77 and 114
(which require the Governor-General to remove the holders of certain
offices
from office in certain circumstances);
e)
or any function which
is expressed (in whatever terms) to be exercisable by him in his own
deliberate
judgement.
Governor-General
to be kept informed:
76.
The Prime Minister
shall keep the Governor-General fully informed concerning the general
conduct
of the Government and shall furnish the Governor-General with such
information
as he may request with respect to any particular matter for which the
Government is responsible.
Leader
of the Opposition:
77.-
(1) There shall
(except at times when no Representative is eligible for appointment) be
a
Leader of the Opposition in the House of Assembly who shall be
appointed by the
Governor-General.
(2)
Whenever there is
occasion for the appointment of a Leader of the Opposition the
Governor-General
shall appoint the Representative who, in his judgement, is best able to
command
the support of a majority of the Representatives who do not support.
the
Government; or, if no Representative appears to him to command such
support,
the Representative who, in his judgement, commands the support of the
largest
single group of Representatives who do not support the Government:
Provided
that if there is
no person who in his judgement qualifies to be appointed as aforesaid,
the
Governor-General may in his own deliberate judgement appoint any
Representative
who does not support the Government to be Leader of the Opposition for
such
period as he considers desirable.
(3)
If occasion arises to
appoint a Leader of the Opposition during the period between a
dissolution of
Parliament and the day on which the ensuing election of Representatives
is
held, an appointment may be made as if Parliament had not been
dissolved.
(4)
The office of Leader
of the Opposition shall become vacant -
(a)
if he ceases to be a
member of the House of Assembly otherwise than by reason of a
dissolution of
Parliament;
(b)
if, when the House of
Assembly first meets after a dissolution of Parliament, he is not then
a
Representative;
(c)
if, by virtue of
article 45(4), he is required to cease to perform his functions as a
member of
the House of Assembly; or
(d)
if he is removed from
office by the Governor-General under paragraph (5).
(5)
If it appears to the
Governor-General that the Leader of the Opposition
(a)
is no longer able to
command the support of a majority of the Representatives who do not
support the
Government or (if no Representative appears to him to be able to
command such
support) the support of the largest single group of Representatives who
do not
support the Government; or
(b)
the person so
appointed has ceased to exercise the functions of his office,
he
shall remove the Leader
of the Opposition from office.
(6)
The powers of .the
Governor-General under this article shall be exercised by him in his
own
deliberate judgement.
(7)
A person shall not
enter upon the duties or exercise the functions of Leader of the
Opposition
until he has taken and subscribed the oath of allegiance and the oath
of
office.
Oaths:
78.
A Minister or a
Minister of State shall not enter
upon the duties of his office unless he has taken and subscribed the
oath of
allegiance, the oath of office and the oath of secrecy.
Permanent
Secretaries:
79.
Where any Minister has
been charged with responsibility for any department of the Government,
he shall
exercise general direction and control over that department; and,
subject to
such direction and control, every department of the Government shall be
under
the supervision of a permanent secretary whose office shall be a public
office: Provided
that two or more
departments may be placed under the supervision of one permanent
secretary.
Secretary
to Cabinet:
80.
(1) There shall be a
Secretary to the Cabinet whose office shall be a public office.
(2)
The Secretary to the
Cabinet, who shall have charge of the Cabinet Office, shall be
responsible, in
accordance with such instructions as may be given to him by the Prime
Minister,
for arranging the business for, and the minutes of, the Cabinet and for
conveying the decisions of the Cabinet to the appropriate person or
authority
and shall have such other functions as the Prime Minister may direct.
Director
of Public
Prosecutions:
81.
-
(1) The office of
Director of Public Prosecutions is hereby constituted as a public
office.
(2) A person shall
not be qualified to hold or act in
the office of Director of Public Prosecutions unless he has been
qualified for
appointment as a Judge of the High Court or has held the qualifications
entitling him to admission to practice law in Nevis for at least 5
years.
(3)
The Director of Public
Prosecutions shall have power in any case in which he considers it
desirable so
to do -
(a)
to institute and
undertake criminal proceedings against any person before any court in
respect
of any offence against the law of Nevis;
(b)
to take over and
continue any such criminal proceedings that may have been instituted by
any
person or authority; and
(c)
to discontinue at any
stage before judgement is delivered any such criminal proceedings
instituted or
undertaken by himself or any other person or authority.
(4)
The powers conferred
upon the Director of Public Prosecutions by paragraphs (3)(b) and (c)
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 paragraph shall
prevent the
withdrawal of those proceedings by or at the instance of that person or
authority and with the leave of the Court.
(5)
In the exercise of the
powers conferred upon him by this article the Director of Public
Prosecutions
shall not be subject to the direction or control of any other person or
authority: Provided
that a Judge of
the High Court may give leave to a person with sufficient interest to
continue
the prosecution of criminal proceedings despite the decision of the
Director of
Public Prosecutions to discontinue such proceedings.
(6)
For the purposes of
paragraphs (4) and (5), any appeal from any determination in any
criminal
proceedings before any Court, or any case stated or question oflaw
reserved for
the purposes of any such proceedings, to any other Court in Nevis or to
the
Judicial Committee of Her Majesty's Privy Council shall be deemed to be
part of
the proceedings.
(7)
The powers of the
Director of Public Prosecutions under this article may be exercised by
him in
person or through other persons acting under and in accordance with his
general
or special instructions.
Prerogative
of Mercy:
82.-
(1) The
Governor-General may -
(a)
grant a pardon,
either free or subject to lawful conditions, to any person convicted of
any
criminal offence under a law;
(b)
grant to any person a
respite, either indefinite or for a specified period, of the execution
of any
punishment imposed on that person for any such offence;
(c)
substitute a less
severe form of punishment for any punishment imposed on any person for
any such
offence; or
(d)
remit the whole or any
part of any punishment imposed on any person for any such offence or of
any
penalty or forfeiture otherwise due to the Crown on account of any such
offence.
(2)
The powers of the
Governor-General under this article shall be exercised by him in
accordance
with the advice of such Minister as may from time to time be designated
by the
Governor-General, acting in accordance with the advice of the Prime
Minister.
Committee on
Prerogative of Mercy:
83.-
(1) There shall be
for Nevis an Advisory Committee on the Prerogative of Mercy
(hereinafter in
this article and article 84 referred to as the Committee) which shall
consist
of
(a)
the Minister for the
time being designated under article 82(2), who shall be Chairman;
(b)
the Attorney-General;
and
(c)
not less than three
nor more than four other members appointed by the Governor-General.
(2)
A member of the Committee
appointed under paragraph (l)(c) shall hold his seat thereon for such
period as
may be specified by the Governor General at the time of his
appointment:
Provided
that his seat shall become vacant -
(a)
in the case of a
person who was a Minister when he was appointed, if he ceases to be a
Minister;
or
(b)
if the
Governor-General so directs.
(3)
The Committee may act
notwithstanding any vacancy in its membership or the absence of any
member and
its proceedings shall not be invalidated by the presence or
participation of
any person not entitled to be present at or to participate in those
proceedings.
(4)
The Committee may
regulate its own procedure.
(5)
In the exercise of his
functions under this article, the Governor-General shall act in
accordance with
the advice of the Prime Minister.
Functions
of Committee:
84.-
(1) Where any person
has been sentenced to death for a criminal offence under any law, the
Minister
for the time being designated under article 82(2) shall cause a written
report
of the case from the trial judge (or the Chief Justice, if a report
from the
trial judge cannot be obtained) together with such other information
derived
from the record of the case or elsewhere as he may require to be taken
into
consideration at a meeting of the Committee; and after obtaining the
advice of the
Committee he shall decide in his own deliberate judgement whether to
advise the
Governor-General to exercise any of his powers under article 82(1).
(2)
The Minister for the
time being designated under article 82(2) may consult with the
Committee before
tendering any advice to the Governor General under that paragraph
in any case
not falling within paragraph (1) of this article but he shall not be
obliged to
act in accordance with the recommendation of the Committee.
CHAPTER
VII
FINANCE
Consolidated
Fund:
85.
All revenue or other
moneys raised or received by the Government (not being revenues or
other moneys
that are payable, by or under any law, into some other fund of the
Government
established for a specific purpose) shall be paid into and form a
Consolidated
Fund.
Withdrawals from
Consolidated and other public
funds:
86.-
(1) No moneys shall
be withdrawn from the Consolidated Fund except
(a)
to meet expenditure
that is charged upon the Fund by this Constitution or by any law
enacted by
Parliament; or
(b)
where the issue of
those moneys has been authorised by an appropriation law or by a law
made in
pursuance of article 89.
(2)
Where any moneys are
charged by this Constitution or any law enacted by Parliament upon the
Consolidated Fund or any other public fund of the Government, they
shall be
paid out of that fund by the Government to the person or authority to
whom
payment is due.
(3)
No moneys shall be
withdrawn from any public fund of the Government other than the
Consolidated
Fund unless the issue of those moneys has been authorised by or under
any law.
(4)
There shall be such
provision as may be made by Parliament prescribing the manner in which
withdrawals may be made from the Consolidated Fund or any other public
fund of
the Government.
(5)
The investment of
moneys forming part of the Consolidated Fund shall be made in such
manner as
may be prescribed by or under a law enacted by Parliament.
(6)
Notwithstanding
paragraph (1), provision may be made by or under a law enacted by
Parliament
authorising withdrawals to be made from the Consolidated Fund, in such
circumstances and to such extent as may be prescribed by or under a law
enacted
by Parliament, for the purpose of making repayable advances.
Authorisation of
expenditure from Consolidated
Fund by the appropriation law:
87.-
(1) The Minister for
the time being responsible for finance shall cause to be prepared and
laid
before the House of Assembly before, or not later than sixty days
after, the commencement
of each financial year estimates of the revenues and expenditure of the
Government for that financial year.
(2) When the
estimates of expenditure (other
than expenditure charged upon the Consolidated Fund by this
Constitution or by
any law enacted by Parliament) have been approved by the House of
Assembly, a
Bill, known as an appropriation Bill, shall be introduced in the
Assembly
providing for the issue from the Consolidated Fund of the sums
necessary to
meet that expenditure and the appropriation of those sums, under
separate votes
for the several services required, to the purposes specified therein.
(3)
If in respect of any
financial year it is found -
(a)
that the amount
appropriated by the appropriation law to any purpose is insufficient or
that a
need has arisen for expenditure for a purpose to which no amount has
been
appropriated by that law; or
(b)
that any moneys have
been expended for any purpose in excess of the amount appropriated to
that
purpose by the appropriation law or for a purpose to which no amount
has been
appropriated by that law, a
supplementary estimate
showing the sums required or spent shall be laid before the House of
Assembly
and, when the supplementary estimate has been approved by the Assembly,
a supplementary
appropriation Bill shall be introduced in the Assembly providing for
the issue
of such sums from the Consolidated Fund and appropriating them to the
purposes
specified therein.
Authorisation
of
expenditure in advance of
appropriation:
88.
There shall be such
provision as may be made by Parliament under which, if the
appropriation law in
respect of any financial year has not come into operation by the
beginning of
that financial year, the Minister for the time being responsible for
Finance
may authorise the withdrawal of moneys from the Consolidated Fund for
the
purpose of meeting expenditure necessary to carry on the services of
the
Government until the expiration of four months from the beginning of
that
financial year or the coming into operation of the law, whichever is
the
earlier.
Warrants
for unforeseen
expenditure:
89.-
(1) If it appears to
the Minister for the time being responsible for finance that -
(a)
there is an urgent
need to incur expenditure;
(b)
no provision exists
for that expenditure in any appropriation law or other law; and
(c)
it would not be in the
public interest to delay the authorisation of that expenditure until
such time
as a supplementary estimate can be laid before the House of Assembly,
the
Minister may, by
special warrant, authorise the issue from the Consolidated Fund of the
monies
required to meet that expenditure:
Provided
that the total
sum for the time being authorised to be issued under this paragraph,
for which
no provision has been made by an appropriation law, shall not exceed
such
amount as may be prescribed by Parliament.
(2)
Where in any financial
year any expenditure has been authorised by special warrant under
paragraph
(1), the Minister for the time being responsible for finance shall
cause a
supplementary estimate relating to that expenditure to be laid before
the House
of Assembly at the first sitting of the Assembly occurring after the
expiration
of fourteen days from the date of the warrant and a supplementary
appropriation
Bill shall be introduced in the Assembly providing for the issue of the
sums
authorised to be spent and appropriating them to the purposes specified
therein.
Remuneration
of certain
officers:
90.-
(1) There shall be
paid to the holders of the offices to which this article applies such
salaries
and such allowances as may be prescribed by or under a law enacted by
Parliament.
(2)
The salaries and
allowances prescribed under paragraph (1) shall be a charge on the
Consolidated
Fund.
(3)
The salary prescribed
under paragraph (1) in respect of the holder of an office and his other
terms
of service (other than allowances that are not taken into account in
computing,
under any law in that behalf, any pension payable in respect o( his
service in that
office) shall not be altered to his disadvantage after his appointment.
(4) When a person's
salary or other terms of service
depend upon his option, the salary or terms for which he opts shall,
for the
purposes. of paragraph (3), be deemed to be more advantageous to him
than any
others for which he might have opted.
(5)
This article applies
to the offices of the Governor-General, member of the Public Service
Commission, member of the Public Service Board of Appeal, the Director
of
Public Prosecutions and the Director of Audit.
(6)
Nothing in this
article shall be construed as affecting article 102 of this
Constitution (which
protects pensions rights in respect of service as a public officer).
Public
debt:
91.-
(1) All debt charges
for which the Government is liable shall be a charge on the
Consolidated Fund.
(2) For the
purposes of this article debt
charges include interest, sinking fund charges, the repayment or
amortisation
of debt and expenditure in connection
with the
raising of loans on the security of the Consolidated Fund and the
service and
redemption of the debt created thereby.
Audit
of public
accounts etc:
92.-
(1) There shall be a
Director of Audit whose office shall be a public office.
(2)
The Director of Audit
shall -
(a)
satisfy himself that
all moneys that have been appropriated by Parliament and disbursed have
been
applied to the purposes to which they were so appropriated and that the
expenditure conforms to the authority that governs it; and
(b)
at least once in every
year audit and report on the public account of the Government, the
accounts of
all officers and authorities of the Government, the accounts of all
courts of
law in Nevis (including any accounts of the High Court maintained in
Nevis),
the accounts of every Commission and Board established by this
Constitution and
the accounts of the Clerk of the House of Assembly.
(3)
The Director of Audit
and any officer authorised by him shall have access to all books,
records,
returns, reports and other documents that in his opinion relate to any
of the
accounts referred to in paragraph (2).
(4)
The Director of Audit
shall submit every report made by him in pursuance of paragraph (2) to
the
Minister for the time being responsible for finance who shall, not
later than
seven days after the House of Assembly first meets after he has
received the
report, lay it before the Assembly.
(5)
If the Minister fails
to lay a report before the House of Assembly in accordance with
paragraph (4),
the Director of Audit shall transmit copies of the report to the
Speaker who
shall, as soon as practicable, present them to the Assembly.
(6)
The Director of Audit
shall exercise such other functions in relation to the accounts of the
Government or the accounts of other authorities or bodies established
by law
for public purposes as may be prescribed by or under any law enacted by
Parliament.
(7)
In the exercise of his
functions under paragraphs (2), (3), (4) and (5), the Director of Audit
shall
not be subject to the direction or control of any other person or
authority.
CHAPTER
VIII
THE
PUBLIC SERVICE
PART
I
The
Public Service
Commission
Public
Service
Commission:
93.-
(1) There shall be a
Public Service Commission for Nevis (hereinafter in this article
referred to as
the Commission) 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 in accordance the advice of the Prime Minister after
consultation with
the Leader of the Opposition.
(2)
A person shall not be
qualified to be appointed as a member of the Commission -
(a)
unless he is a
Commonwealth citizen ordinarily resident in Nevis; or
(b)
if he is a member of
the House of Assembly or a public officer.
(3)
Subject to the
provisions of this article, the office of a member of the Commission
shall
become vacant -
(a)
at the expiration of
such period (not being less than two years nor more than five years
from the
date of his appointment) as may be specified by the Governor-General,
acting in
accordance with the advice of the Prime Minister, at the time of his
appointment; or
(b)
if any circumstances
arise that, if he were not a member of the Commission, would cause him
to be
disqualified to be appointed as such under paragraph (2).
(4)
The provisions of
article 114 (which relate to removal from office and suspension) apply
to the
office of a member of the Commission and the prescribed authority for
the
purposes of that article shall be the Prime Minister.
(5)
If the office of
Chairman of the Commission is vacant or if the holder of that office is
for any
reason unable to exercise the functions 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 exercised by such other member of the Commission as may for
the time
being be designated by the Govcrnor General, acting in accordance
with the
advice of the Prime Minister.
(6)
I f at any time there
are less than two members of the Commission beside the Chairman or if
any such
member is acting as Chairman or is for any reason unable to exercise
the
functions of his office, the Governor-General, acting in accordance
with the
advice of the Prime Minister, may appoint a person who is qualified to
be
appointed as a member of the Commission to act as a member, and any
person so
appointed shall, subject to paragraph (4), continue to act until the
office in
which he is acting has been filled or, 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 in accordance with the advice
of the
Prime Minister.
(7)
A member of the
Commission shall not enter upon the duties of his office until he has
taken and
subscribed the oath of allegiance and the oath of office.
(8)
The Commission shall,
in the exercise of its functions under this Constitution, not be
subject to the
direction or control of any other person or authority.
(9)
The Commission may by
regulation or otherwise regulate its own procedure, and, with the
consent of the
Prime Minister, may confer powers or impose duties on any public
officer or on
any authority of the Government for the purpose of the exercise of its
functions.
(10)
The Commission may,
subject to its rules of procedure, act notwithstanding any vacancy in
its
membership or the absence of any member and its proceedings shall not
be
invalidated by the presence or participation of any person not entitled
to be
present at or to participate in those proceedings: Provided
that any decision
of the Commission shall require the concurrence of a majority of all
its
members.
Appointments
etc. of
public officers:
94.-
(1) Subject to
article 101, the power to appoint persons to hold or act in offices in
the
public service (including the power to confirm appointments), and the
power to
exercise disciplinary control over persons holding or acting in such
offices
and the power to remove such persons from office shall vest in the
Governor-General, acting in accordance with the recommendation of the
Public
Service Commission (hereinafter in this article referred to as the
Commission).
(2)
The Governor-General,
acting in accordance with the recommendation of the Commission, may, by
directions in writing and subject to such conditions
as he thinks
fit, delegate any of his powers under paragraph (1) to anyone or more
members
of the Commission or, with the consent of the Prime Minister, to any
public
officer or in the case of the Police Force, to the Commissioner of
Police or
any other police officer.
(3)
The provisions of this
article shall not apply in relation to the following offices, that is
to say -
(a)
any office to which
article 95 applies;
(b)
the office of
Attorney-General;
(c)
the office of Director
of Public Prosecutions;
(d)
the officer of
Director of Audit;
(e)
any office to which
article 99 applies.
(4)
No person shall be
appointed under this article to or to act in any office on the
Governor-General's personal staff except with the concurrence of the
Governor-General, acting in his own deliberate judgement.
(5)
Before the Commission
makes any recommendation in relation to the Clerk of the House of
Assembly or a
member of his staff for the purposes of paragraph (1) or (2) and before
any
other person exercises in relation to the Clerk of the Assembly or a
member of
his staff any power delegated to him under paragraph (2), the
Commission or
that person shall consult the Speaker. .
(6)
Before the Commission
makes any recommendation to the Governor General under paragraph
(1), or any other
person exercises any power delegated to him under paragraph (2), to
appoint to
hold or act in any public office any person who is in the public
service of the
Government of any other country or territory, the Commission or that
person
shall consult the Prime Minister.
(7)
Before the Commission
makes any recommendation to the Governor General under paragraph
(1), or any
other person exercises any power delegated to him under paragraph (2),
to
appoint to or to act in any public office any person who holds or is
acting in
any office to which article 99 of this Constitution applies, the
Commission or
that person shall consult the Judicial and Legal Services Commission.
(8)
A public officer shall
not be removed from office or subjected to any other punishment under
this
article on the grounds of any act done or omitted by him in the
exercise of a
judicial function conferred on him unless the Judicial and Legal
Services
Commission concurs therein.
PART
2
Appointment
to
particular offices
Appointment of
certain senior officers:
95.
-
(1) This article
applies to the offices of -
(a)
Secretary to the
Cabinet;
(b)
permanent secretary of
a department of the Government;
(c)
head or deputy head of
a department of the Government;
(d)
any office for the
time being designated by the Public Service Commission as an office of
a chief
professional adviser to a department of the Government; any office for
the time
being designated by the Commission, after consultation with the Prime
Minister,
as an office the holders of which are required to reside outside Nevis
or whose
functions relate to external affairs;
(e)
the Commissioner of
Police and the Deputy Commissioner of Police.
(2)
The power to appoint
persons to hold or to act in offices to which this article applies
(including
the power to confirm appointments), and subject to article 101, the
power to
exercise disciplinary control over persons holding or acting in such
offices
and the power to remove such persons from office shall vest in the
Governor-General, acting in accordance with the recommendation of the
Public
Service Commission:
Provided
that -
(a)
the power to appoint a
person to hold or act in an office of permanent secretary on transfer
from
another office carrying the same salary shall vest in the
Governor-General,
acting in accordance with the advice of the Prime Minister;
(b)
before the Public
Service Commission makes a recommendation to the Governor-General with
respect
to the appointment of any person to hold an office to which this
article
applies (other than an appointment to an office of permanent secretary
on
transfer from another such office carrying the same salary) it shall
consult
with the Prime Minister and if the Prime Minister signifies his
objection to
the appointment of any person to the office, the Commission shall not
make a
recommendation to the Governor-General to appoint that person;
(c)
in relation to any
office of Ambassador, High Commissioner or other principal
representative of
Nevis in any other country or accredited to any international
organisation the
Governor-General shall act in accordance with the advice of the Prime
Minister,
who shall, before tendering any such advice in respect of any person
who holds
any public office to which appointments are made by the
Governor-General in
accordance with the recommendation of some other person or authority,
consult
that person or authority.
(3)
References in this
article to a department of the Government shall not include the office
of the
Governor-General, the department of the Attorney-General, the
department of
the Director of Public Prosecutions, the department of the Director of
Audit,
or the department of the Clerk of the House of Assembly.
Attorney-General
when a public officer:
96.-
(1) This article
shall have effect at any time when the office of Attorney-General
is a public
office.
(2)
The power to appoint a
person to hold or act in the office of Attorney-General shall vest
in the
Governor-General, acting in accordance with the recommendation of the
Prime
Minister after consultation with the Public Service Commission and the
Judicial
and Legal Services Commission.
(3)
The power to exercise
disciplinary control over and remove from office a person holding or
acting in
the office of Attorney-General shall vest in the Governor-General,
acting in
accordance with the recommendation of the Judicial and Legal, Service
Commission: Provided
that before. the
Judicial and Legal Services Commission makes any recommendation under
this
paragraph it shall consult the Public Service Commission.
Director
of Public
Prosecutions:
97.-
(1) Appointment to,
or to act in, the office of Director of Public Prosecutions, or of a
person to
exercise the functions of that office, shall be made by the
Governor-General on
the recommendation of the Judicial and Legal Services Commission.
(2)
Appointment to the office
of Director of Public Prosecutions, or to exercise the functions of
that
office, shall be on such terms as are approved by Parliament after
considering
the recommendations of the Judicial and Legal Services Commission, and
may
include appointment for a term of years or on a part-time basis.
(3)
A person appointed to,
or to act in or exercise the functions of, the office of Director of
Public
Prosecutions shall, cease so to hold or act in that office or to
exercise those
functions, as the case may be -
(a)
if he was appointed to
act in that office, once a person is appointed to hold that office and
has
assumed the functions thereof or, as the case may be, when the person
in whose
place he is acting resumes the functions of that office; or
(b)
on the expiration of
the period specified as the term of his appointment, unless he has been
reappointed in accordance with this Constitution; or
(c)
if he resigns;
(d)
if, having been
appointed for an indefinite period, he attains the age of 60 years or
such
other age, as may be prescribed as part of his conditions of service;
(e)
if he is removed from
office for inability to exercise the functions of his office (whether
arising
from infirmity of body or mind or any other cause) or for misbehaviour.
(4)
The provisions of
article 114 (which relate to removal from office and suspension) apply
to the
office of Director of Public Prosecutions and both the Prime Minister
and the
Chairman of the Judicial and Legal Services Commission may exercise the
functions
of prescribed authority for the purposes of that article.
Director
of Audit:
98.-
(1) The Director of
Audit shall be appointed by the Governor-General, acting in accordance
with the
recommendation of the Public Service Commission.
(2)
If the office of
Director of Audit is vacant or if the holder of that office is for any
reason
unable to exercise the functions of his office, the Governor
General acting in
accordance with the recommendation of the Public Service Commission,
may
appoint a person to act as Director.
(3)
Before making any
recommendation for the purposes of paragraph (1) or (2), the Public
Service
Commission shall ,consult the Prime Minister.
(4)
A person appointed to
act in the office of Director of Audit shall, subject to paragraphs (5)
and
(6), cease to act-
(a)
when a person is
appointed to hold that office and has assumed the functions thereof or,
as the
case may be, when the person in whose place he is acting resumes the
functions
of that office; or
(b)
at such earlier time
(if any) as may be specified by the Governor General at the time
of his
appointment.
(5)
Subject to paragraph
(6), the Director of Audit shall vacate his office when he attains the
age of
sixty or such other age as may be prescribed by Parliament:
Provided
that any law
enacted by Parliament, to the extent to which. it alters the prescribed
age
after a person has been appointed to be or to act as Director of Audit,
shall
not have effect in relation to that person unless he consents that it
should
have effect.
(6)
The provisions of
article 114 (which relate to removal from office and suspension) apply
to the
office of Director of Audit and both the Prime Minister and the
Chairman of the
Public Services Commission may exercise the functions of prescribed
authority
for the purposes of that article.
Appointment etc. of
magistrates, registrars and
legal officers:
99.-
(1) This article
applies to the offices of magistrate, registrar of the High Court and
assistant
registrar of the High Court and to any public office in the Department
of the
Attorney-General (other than the public office of Attorney-General) or
the
Department of Public Prosecutions (other than the office of Director)
for
appointment to which persons are required to hold one or other of the
specified
qualifications.
(2)
The power to appoint
persons to hold or act in offices to which this article applies
(including the
power to confirm appointments) shall vest in the Governor-General,
acting in
accordance with the recommendation of the Public Service Commission:
Provided
that before
making any recommendation as to the exercise of the powers conferred by
this
article in any case the Public Service Commission shall consult the
Ju4.icial
and Legal Services Commission.
(3)
The power to exercise
disciplinary control over persons holding or acting in offices to which
this
article applies and the power to remove such persons from office shall
vest in
the Governor-General, acting in accordance with the recommendation of
the
Judicial and Legal Services Commission: Provided
that before
making any recommendation as to the exercise of the powers conferred by
this
paragraph in any case the Judicial and Legal Services Commission shall
consult
the Public Service Commission.
PART
3
The
Public Service
Board of Appeal
Public
Service Board of
Appeal:
100.
-
(1) There shall be
for Nevis a Public Service Board of Appeal (hereinafter in this article
referred to as the Board) which shall consist of:
(a)
a Chairman, appointed
by the Governor-General;
(b)
two members appointed
by the Governor-General acting in accordance with the advice of the
Prime
Minister after the Prime Minister has consulted the Leader of the
Opposition.
(2)
A person shall not be
qualified for appointment as a member of the Board if he is a member of
the
House of Assembly.
(3)
Subject to the
provisions of this article, the office of a member of the Board shall
become
vacant -
(a)
at the expiration of three
years from the date of his appointment;
(b)
if any circumstances
arise that, if he were not a member of the Board, would cause him to be
disqualified to be appointed as such under paragraph (2).
(4)
The provisions of
article 114 (which relate to removal from office and suspension) apply
to the
office of a member of the Board and-
(a)
the Governor-General,
in the case of the chairman; or
(b)
the Prime Minister in
the case of any other member, shall
be the prescribed
authority for the purposes of that article.
(5)
(a) 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 paragraph (4), continue to act until the
holder of
the office has resumed his functions or until his appointment to act
has been
revoked by the Governor-General.
(b)
Where the member of
the Board unable to exercise the functions of his office was appointed
under
sub-paragraph (b) of paragraph (1), the Governor-General shall act in
accordance with the advice of the Prime Minister.
(6)
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.
(7)
In the exercise of the
powers conferred on him by this article the Governor-General shall,
except
where it is otherwise expressly provided, act in his own deliberate
judgement.
Appeals
to Public
Service Board:
101.-
(1) This article
applies to -
(a)
any decision of the
Governor-General, acting in accordance with the recommendation of the
Public
Service Commission to remove a public officer from office or to
exercise
disciplinary control over a public officer (including a decision made
on appeal
from or confirming a decision of any person to whom powers are
delegated under
article 94(2) );
(b)
any decision of any
person to whom powers are delegated under article 94(2) to remove a
public
officer from office or to exercise disciplinary control over a public
officer
(not being a decision that is subject to appeal to or confirmation by
the
Governor-General, acting in accordance with the recommendation of the
Public
Service Commission).
(2)
Subject to paragraph
(5), an appeal shall lie to the Public Service Board of Appeal
(hereinafter in
this article referred to as the Board) from any decision to which this
article
applies at the instance of the public officer or member of the defence
force in
respect of whom the decision is made.
(3)
Upon an appeal under
this article the Board may affirm or set aside the decision appealed
against or
may make any other decision that the authority or person from whom the
appeal
lies could have made.
(4)
Every decision of the
Board shall require the concurrence of a majority of all its members.
(5)
The Board may by
regulation make provision for its own procedure and the procedure on
appeals
under this article and may, with the approval of the Governor-General,
by
regulation -
(a)
except from the
provisions of paragraph (2) decisions in respect of public
officers holding
offices whose emoluments do not exceed such amount as may be prescribed
by the
regulations or such decisions to exercise disciplinary control over
public
officers, other than decisions to remove a public officer from office,
as may
be so prescribed; and
(b) confer powers or
impose duties on any public
officer or on any authority of the Government for the purpose of the
exercise
of its functions.
PART
4
Pensions
Pensions laws and
protection of pensions rights:
102.
-
(1) The law to be
applied with respect to any pension benefits that were granted to any
person at
any time before Independence Day shall be the law that was in force at
the date
on which those benefits were granted or any law in force at a later
date that
is not less favourable to that person.
(2)
The law to be applied
with respect to any pensions benefits (not being benefits to which
paragraph
(1) applies) shall-
(a)
in so far as those
benefits are wholly in respect of a period of service as a public
officer that
commenced at any time before Independence Day be the law that was in
force on
that date; and
(b)
in so far as those
benefits are wholly or partly in respect of a period of service as a
public
officer or a judge that commenced on or after that date, be the law in
force on
the date on which that period of service commenced, or
any law in force at a
later date that is not less favourable to that person.
(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 for which he opts shall, for the purposes of this
article, be
deemed to be more favourable to him than the other law or laws.
(4)
All pensions benefits
shall (except to the extent they are charged by law upon and duly paid
out of
some other fund) be a charge on the Consolidated Fund.
(5)
In this article
"pensions benefits" means any pensions, compensation, gratuities or
other like allowances for persons in respect of their service as
members of the
Assembly, judges or officers of the Supreme Court or public officers or
for the
widows, children, dependants or personal representatives of such
persons in
respect of such service.
(6)
References in this
article to the law with respect to pensions benefits include (without
prejudice
to their generality) references to the law regulating the circumstances
in
which such benefits may be granted or in which the grant of such
benefits may
be refused, the law regulating the circumstances in which any such
benefits
that have been granted may be withheld, reduced in amount or suspended
and the
law regulating the amount of any such benefits.
Power
to withhold
pensions etc:
103.
-
(1) Where under any
law any person or authority has a discretion-
(a)
to decide whether or
not any pensions benefits shall be granted; or
(b)
to withhold, reduce in
amount or suspend any such benefits that have been granted,
those
benefits shall be
granted and may not be withheld, reduced in amount or suspended unless
the
Public Service Commission concurs in the refusal to grant the benefits
or, as
the case may be, in the decision to withhold them, reduce them in
amount or
suspend them.
(2)
Where the amount of
any pensions benefits that may be granted to any person is not fixed by
law,
the amount of the benefits to be granted to him shall be the greatest
amount
for which he is eligible unless the Public Service Commission concurs
in his
being granted benefits of a smaller amount.
(3)
The Public Service
Commission shall not concur under paragraph (1) or (2) in any action
taken on
the ground that any person who holds or has held the office of judge of
the
Court of Appeal, judge of the High Court, Director of Public
Prosecutions or
Director of Audit has been guilty of misbehaviour in that office unless
he has
been removed from that office by reason of such misbehaviour.
(4)
Before the Public
Service Commission concurs under paragraph (1) or (2) in any action
taken on
the ground that any person who holds or has held any office to which,
at the
time of such action, article 99 of this Constitution applies has been
guilty of
misbehaviour in that office, the Public Service Commission shall
consult the
Judicial and Legal Services Commission.
(5)
In this article
"pensions benefits" means any pensions, compensation, gratuities or,
other
like allowances for persons in respect of their service as judges or
officers
of the Supreme Court or public officers or for the widows, children,
dependants
or personal representatives of such persons in respect of such service.
CHAPTER
IX
JUDICIAL
PROVISIONS
The
Supreme Court:
104.
The High Court and
the Court of Appeal for Nevis are the Courts established by the Supreme
Court
Order and those courts shall have such jurisdiction and powers as may
be
conferred by this Constitution and any other law of Nevis.
Original
jurisdiction of High Court in
constitutional questions:
105.-
(1) Subject to
articles 36(2), 53(10)(b) and 111(2), any person who alleges that any
provision
of this Constitution (other than a provision of Chapter III) has been
or is
being contravened may, if he has a relevant interest, apply to the High
Court
for a declaration and for relief under this article.
(2)
The High Court shall
have jurisdiction on an application made under this article to
determine
whether any provision of this Constitution has been or is being
contravened and
to make a declaration accordingly.
(3)
Where the High Court
makes a declaration under this article that a provision of this
Constitution
has been or is being contravened and the person on whose application
the
declaration is made has also applied for relief, the High Court may
grant to
that person such remedy as it considers appropriate being a remedy
available
generally under any law in proceedings in the High Court.
(4)
The Chief Justice may
make rules with respect to the practice and procedure of the High Court
in
relation to the jurisdiction and powers conferred on the Court by or
under this
article, including provisions with respect to the time within which any
application
under this article may be made.
(5)
A person shall be regarded
as having a relevant interest for the purpose of an application under
this
article only if the contravention of this Constitution alleged by him
is such
as to affect his interests.
(6)
The rights conferred
on a person by this article to apply for a declaration and relief in
respect of
an alleged contravention of this Constitution shall be in addition to
any other
action in respect of the same matter that may be available to that
person under
any law.
(7)
Nothing in this
article shall confer jurisdiction on the High Court to hear or
determine any
such question as is referred to in article 51.
Reference
of
constitutional questions to High
Court:
106..-
(1) Where any
question as to the
interpretation of this Constitution arises in any Court of law
established for
Nevis (other than the Court of Appeal or the High Court) and the Court
is of the
opinion that the question involves a substantial question of law, the
court
may, and shall if any party to the proceedings so requests, refer the
question
to the High Court.
(2)
Where any question is
referred to the High Court in pursuance of this article, the High Court
shall
give its decision upon the question and the Court in which the question
arose
shall dispose of the case in accordance with that decision or, if the
decision
is the subject of an appeal to the Court of Appeal or to Her Majesty in
Council, in accordance with the decision of the Court of Appeal or, as
the case
may be, of Her Majesty in Council.
Appeals
to Court of
Appeal:
107.
Subject to article 51
an appeal shall lie from decisions of the Court High to the Court of
Appeal as
of right in the following cases -
(a)
final decisions in any
civil or criminal proceedings that involve a question as to the
interpretation
of this Constitution;
(b)
final decisions given
in exercise of the jurisdiction conferred on the High Court by articles
15 to
29 (which relate to the enforcement of the fundamental rights and
freedoms);
and
(c)
such other cases as
may be prescribed by Parliament.
Appeals to Her
Majesty in Council:
108.-
(1) An appeal shall lie
from decisions of the Court of Appeal to Her Majesty in Council as of
right in
the following cases -
(a)
final decisions in any
civil proceedings where the matter in dispute on the appeal to Her
Majesty in
Council is of the prescribed value or upwards or where the appeal
involves
directly or indirectly a claim to or question respecting property or a
right of
the prescribed value or upwards;
(b)
final decisions in
proceedings for dissolution or nullity of marriage;
(c)
final decisions in any
civil or criminal proceedings that involve a question as to the
interpretation
of this Constitution; and
(d)
such other cases as
may be prescribed by Parliament.
(2) Subject to
article 51, an appeal shall lie from
decisions of the Court of Appeal to Her Majesty in Council with the
leave of
the Court of Appeal in the following cases -
(a)
decisions in any civil
proceedings where in the opinion of the Court of Appeal the question
involved
in the appeal is one that, by reason of its great general or public
importance
or otherwise, ought to be submitted to Her Majesty in Council; and
(b)
such other cases as may
be prescribed by Parliament.
(3) An appeal shall
lie to Her Majesty in Council
with the special leave of Her Majesty from any decision of the Court of
Appeal
in any civil or criminal matter.
(4)
Reference in this
article to decisions of the Court of Appeal shall be construed as
references to
decisions of the Court of Appeal in exercise of the jurisdiction
conferred upon
that Court by this Constitution or any other law.
(5) In this article
the prescribed value means the value of twenty thousand dollars or such
other
value as may be prescribed by Parliament.
CHAPTER
X
PARLIAMENTARY COMMISSI0NER
Parliamentary
Commissioner:
109.-
(1) There shall be a
Parliamentary Commissioner for Nevis (hereinafter in this and the next
following article referred to as the Commissioner) who shall be an
officer of
Parliament.
(2) Subject to this
article, Parliament shall
prescribe the qualifications and disqualification for appointment as
Commissioner and the terms of appointment of a Commissioner.
(3)
The Commissioner shall
be appointed by the Governor-General, acting in accordance with the
advice of the
Prime Minister, given after consultation with the Leader of the
Opposition.
(4)
The provisions of
article 114 (which relates to removal from office and suspension) shall
apply
to the office of Parliamentary Commissioner and the prescribed
authority for
the purposes of that article shall be the Prime Minister acting after
consultation
with the Leader of the Opposition.
(5)
The Commissioner shall
vacate his office -
(a)
at the expiration of the
term for which he was appointed;
(b)
if any circumstances
arise which would cause him to be disqualified for appointment;
(c)
if he is removed from
office in accordance with article 114.
Functions of
Parliamentary Commissioner:
110.-
(1) The
Commissioner shall enquire into
allegations of maladministration or misconduct by any person in the
exercise of
a public office or public authority as provided in an Act of Parliament
made
for the purposes of this article and report thereon to Parliament.
(2)
An Act of Parliament
for the purposes of this article -
(a)
shall prescribe the
public offices and public authorities in respect of which the
Commissioner may
exercise his functions;
(b)
may exclude specified
public offices or public authorities from the jurisdiction of the
Commissioner;
(c)
shall prescribe the
circumstances in which and the manner in which allegations of
maladministration
or misconduct may be made to the Commissioner;
(d)
shall prescribe the
powers of the Commissioner in the exercise of his enquiries, including
the
power to summon witnesses and examine them on oath or affirmation;
(e)
make such other
provision as is appropriate or convenient for the exercise of the
Commissioner's functions.
CHAPTER
XI
MISCELLANEOUS
Functions of
Governor-General:
111.-
(1) 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 Nevis and to any other powers and duties conferred or
imposed on
him as Governor-General by or under this Constitution or any other law.
(2)
Where by this
Constitution the Governor-General is required to perform any function
in his
own deliberate judgement or in accordance with the advice or
recommendation of,
or after consultation with, any person or authority, the question
whether the
Governor-General has so exercised that function shall not be enquired
into in
any Court.
Resignations:
112.-
(1) A Representative
or a Senator may resign his seat by writing under his hand addressed to
the
Speaker and the resignation shall take effect, and the seat shall
accordingly
become vacant, when the writing is received, as the case may be, by
-
(a)
the Speaker, or
(b)
if the office of
Speaker is vacant or the Speaker is for any reason unable to perform
the
functions of his office and no other person is performing them, the
Clerk of the
Assembly.
(2)
The Speaker may resign
his office by writing under his hand addressed to the Assembly and the
resignation shall take effect, and the office shall accordingly become
vacant,
when the writing is received by the Clerk of the Assembly. .
(3)
Any person who has
been appointed to an office established by this Constitution (other
than an
office to which paragraph (1) or (2) applies) or any office of Minister
or
Minister of State established under this Constitution may resign that
office by
writing under his hand addressed to the person or authority by whom he
was
appointed and the resignation shall take effect, and the office shall
accordingly
become vacant -
(a)
at such time or on
such date (if any) as may be specified in the writing; or
(b)
when the writing is
received by the person or authority to whom it is addressed, or by such
person
as may be authorised to receive it, whichever
is the later:
Provided
that the
resignation may be withdrawn before it takes effect if the person or
authority
to whom the resignation is addressed consents to its withdrawal.
Re-appointment and
concurrent appointments:
113.-
(1) Where any person
has vacated any office established by this Constitution or any office
of
Minister or Minister of State established under this Constitution, he
may, if
qualified, again be appointed or elected to hold that office in
accordance with
the provisions of this Constitution.
(2)
Where this
Constitution vests in any person or authority the power to make any
appointment
to any office other than that of Senator, Minister, Minister of State,
or
Leader of the Opposition, a person may be appointed to that office,
notwithstanding
that some other person may be holding that office, when that other
person is on
leave of absence pending the relinquishment of the office; and where
two or
more persons are holding the same office by reason of an appointment
made in
pursuance of this paragraph, then, for the purposes of any function
conferred
upon the holder of that office, the person last appointed shall be
deemed to be
the sole holder of the office.
Removal
from office:
114.-
(1) Where it is
provided in this Constitution that this article shall apply to any
office, a
person holding such office (in this article referred to as "the
officer") shall not be removed therefrom or suspended from the exercise
of
the functions thereof except in accordance with the provisions of this
article;
and the prescribed authority for the purposes of paragraph (4) or
paragraph (6)
shall, in relation to any office, be the authority prescribed for that
purpose
by the provision of this Constitution by which this article is applied
to that
office.
(2)
The officer 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
misbehaviour and in accordance with the provisions of this article.
(3)
The officer 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 this article and
the
tribunal has advised the Governor General that the officer ought
to be removed
from office for inability as aforesaid or for misbehaviour.
(4)
If the prescribed
authority advises the Governor-General that the question of removing
the
officer from office under this article ought to be investigated, then
-
(a)
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 Chief Justice,
from among
persons who hold or have held office as a judge of a Court having
unlimited
jurisdiction in civil and criminal matters in some part of the
Commonwealth or
a Court having jurisdiction in appeals from any such Court or have been
entitled to practise in Nevis as barristers for not less than ten
years; and
(b)
that tribunal shall
enquire into the matter and report on the facts thereof to the
Governor-General
and advise the Governor-General whether the officer ought to be removed
from
office for inability as aforesaid or for misbehaviour.
(5)
The provisions of the
Third Schedule shall apply to tribunals appointed under this article.
(6)
If the question of
removing the officer from office has been referred to a tribunal under
this
article, the Governor-General, acting in accordance with the advice of
the
prescribed authority, may suspend the officer from performing the
functions of
his office, and any such suspension may at any time be revoked by the
Governor-General, acting as aforesaid, and shall in any case cease to
have
effect if the tribunal advises the Governor-General that the officer
should not
be removed from office.
Interpretation:
115.-
(1) In this
Constitution, unless the context otherwise requires -
"Assembly"
means
the House of Assembly;
"CARICOM
citizen" has such meaning as Parliament may prescribe;
"child",
in
relation to any other person, means a person of whom that other person
is a
parent;
"citizen"
means a citizen of Nevis and
"citizenship"
shall be construed accordingly;
"defence
force"
means a naval, military or air force;
"dollars"
means
dollars in the currency of Nevis;
"financial
year"
means any period of twelve months beginning on 1st April in any year or
such
other date as may be prescribed by any law enacted by Parliament;
"the
Gazette"
means the official Gazette of Nevis;
"the
Government"
means Her Majesty's Government of Nevis;
"Independence
Day" means the day prescribed as Independence Day by proclamation under
the Nevis Secession Ordinance, 2003;
"law"
means any
law in force in Nevis or any part thereof, including any instrument
having the
force of law and any unwritten rule of law and "lawful" and
"lawfully" shall be construed accordingly;
"Leader
of the
Opposition" means the Leader of the Opposition in the Assembly;
"legal
practitioner" means a person entitled to be in or to enter Nevis and
entitled to practise as a barrister in Nevis or, except in relation to
proceedings before a Court in which a solicitor has no right of
audience, so
entitled to practise as a solicitor;
"the
legislature" means Parliament:
"Minister"
means
a Minister of the Government;
"parent",
in
relation to any other person, includes-
(a)
any person who has
adopted him in a manner recognised by law; and
(b)
in the case of a
person born out of wedlock and not legitimated, his mother and the
person (if
any) who acknowledges and can show that he is his father or has been
found by a
Court of competent jurisdiction to be his father but, in the case of a
person
who has been adopted, it does not include any person who has
relinquished his
parental rights over him as a consequence of the adoption;
"Parliament"
means the Parliament of Nevis;
"oath"
includes
affirmation;
"oath
of allegiance"
means the oath of allegiance set out in the Second Schedule;
"oath
of office"
means, in relation to any office, the oath for the due execution of
that office
set out in the Second Schedule;
"oath
of
secrecy" means the oath of secrecy set out in the Second Schedule;
"the
Police
Force" means the Nevis Police Force and includes any other police force
established to succeed to the functions of that Force;
"proclamation"
means a Proclamation published in the Gazette or, if such publication
is not
reasonably practicable, published in Nevis by such means as are
reasonably
practicable and effective;
"public
office"
means any office of emolument in the public service;
"public
officer"
means a person holding or acting in any public office;
"the
public
service" means, subject to the provisions of this article, the service
in
a civil capacity of the Crown in right of the Government;
"Representative"
means a person elected a member of the Assembly in accordance with
Chapter V;
"Senator"
means
a person appointed a senator under Chapter V;
"session" means the
period beginning when
the Assembly first meets after Parliament has at any time been
prorogued or
dissolved and ending when Parliament is prorogued or when Parliament is
dissolved without having been prorogued;
"sitting"
means
the period during which the Assembly is sitting continuously without
adjournment and includes any period during which it is in committee;
Assembly;
"Supreme
Court
Order" means the Supreme Court Order originally made as the West Indies
Associated States Supreme Court Order 1967, as in force in Nevis
immediately
before Independence Day;
(2)
In this Constitution
references to an office in the public service shall not be construed as
including -
(a)
references to the
office of the Speaker, the Prime Minister or any other Minister, a
Minister of
State or a member of the Assembly;
(b)
references to the
office of Attorney-General when that office is not held as a public
office;
(c)
references to the
office of a member of any Commission established by this Constitution
or a
member of the Advisory Committee on the Prerogative of Mercy or a
member of the
Public Service Board of Appeal;
(d)
references to the
office of judge or officer of the High Court;
(e)
save in so far as may
be provided by Parliament, references to the office of a member of any
other
council, board, panel, committee or other similar body (whether
incorporated or
not) established by or under any law.
(3)
In this Constitution -
(a)
references to this
Constitution, the Supreme Court Order, or any provision thereof,
include,
unless otherwise provided, references to any law altering this
Constitution or
that Order, as the case may be;
(b)
references to the
Supreme Court, the Court of Appeal, the High Court and the Judicial and
Legal
Services Commission are references to the Supreme Court, the Court of
Appeal,
the High Court and the Judicial and Legal Services Commission
established by
the Supreme Court Order;
(c)
references to the
Chief Justice have the same meaning as in the Supreme Court Order;
(d)
references to a judge
of the Supreme Court are references to a judge of the High Court or of
the
Court of Appeal and, unless the context otherwise requires, include
references
to a judge ofthe former Supreme Court of the Windward Islands and
Leeward
Islands; and
(e)
references to officers
of the Supreme Court are references to the Chief Registrar and other
officers
of the Supreme Court.
(4)
Where by this
Constitution the Governor-General or any other person is required to
perform
any function after consultation with any person or authority he shall
not be
obliged to exercise that function in accordance with the recommendation
of that
person or authority.
(5)
In this Constitution
"the specified qualifications" means the professional qualifications
specified by or under any law, one of which must be held by any person
before
he may apply under that law to be admitted to practice as a barrister
or a
solicitor in Nevis.
(6)
For the purposes of this
Constitution, a person shall not be regarded as holding an office by
reason
only of the fact that he is in receipt of a pension or other like
allowance.
(7)
In this Constitution,
unless the context otherwise requires, a reference to the holder of an
office
by the term designating his office shall be construed as including, to
the
extent of his authority, a reference to any person for the time being
authorised to exercise the functions of that office.
(8)
Except in the case
where this Constitution provides for the holder of any office
thereunder to be
such person holding or acting in any other office as may be for the
time being
be designated in that behalf by some other specified person or
authority, no
person may, without his consent, be nominated for election to any such
office
or be appointed to or to act therein or otherwise be selected therefor.
(9)
References in this
Constitution to the power to remove a public officer from his office
shall be
construed as including references to any power conferred by any law to
require
or permit that officer to retire from the public service:
Provided
that -
(a)
nothing in this
paragraph shall be construed as conferring on any person or authority
the power
to require the Director of Public Prosecutions or the Director of Audit
to
retire from the public service; and
(b)
any power conferred by
any law to permit a person to retire from the public service shall, in
the case
of any public officer who may be removed from office by some person or
authority other than a Commission established by this Constitution,
vest in the
Public Service Commission.
(10)
Any provision in this
Constitution that vests in any person or authority the power to remove
any
public officer from his office shall be without prejudice to the power
of any
person or authority to abolish any office or to any law providing for
the
compulsory retirement of public officers generally or any class of
public
officer on attaining an age specified by or under that law.
(11)
Where this
Constitution vests in any person or authority the power to appoint any
person
to act in, or to exercise the functions of, any office if the holder
thereof is
himself unable to exercise those functions, no such appointment shall
be called
in question on the grounds that the holder of the office was not unable
to
exercise those functions.
(12)
No provision of this
Constitution that any person or authority shall not be subject to the
direction
or control of any other person or authority in the exercise of any
functions
under this Constitution shall be construed as precluding a Court from
exercising jurisdiction in relation to any question whether that person
or
authority has exercised those functions in accordance with this
Constitution or
any other law.
(13)
Where any power is
conferred by this Constitution to make any proclamation, regulation or
rule or
give any direction or make any designation,
the power
shall be construed as including the power, exercisable in like manner
and
subject to the like conditions, if any, to amend or revoke any such
proclamation, regulation, rule, direction or designation.
(14)
Any reference in this
Constitution to a law made before Independence Day shall, unless the
context
otherwise requires, be construed as a reference to that law as it had
effect
immediately before that date.
(15) In this
Constitution references to altering this Constitution or any other law,
or any
provision thereof, include references -
(a)
to revoking it with or
without re-enactment thereof or the making of different provisions in
lieu
thereof;
(b)
to modifying it
whether by omitting or amending any of its provisions or inserting
additional
provisions in it or otherwise;
(c)
to suspending its
operation for any period or terminating any such suspension.
(16) In this
Constitution any reference to land or buildings vested in the Crown
includes a
reference to any land or buildings vested in any person or authority in
trust
for, or otherwise on behalf of, the Crown.
(17) In this
Constitution, references to words in the masculine gender shall, unless
the
context otherwise requires, include references to the feminine gender.
Article
48(1)
FIRST
SCHEDULE
RULES
FOR DELIMITATION OF
CONSTITUENCIES
1.
There
shall be not less than five constituencies in the island of Nevis.
2.
All constituencies
shall contain as nearly equal numbers of inhabitants as appears to the
Electoral and Boundaries Commission to be reasonably practicable but
the
Commission may depart from this rule to such extent as it considers
expedient
to take account of the following factors, that is to say -
(a)
the requirements of
rule 1 and the differences in the density of the population in Nevis;
(b)
the need to ensure
adequate representation of sparsely populated rural areas;
(c)
the means of
communication;
(d)
geographical features;
and
(e)
existing
administrative boundaries.
Article
115(1)
SECOND
SCHEDULE
FORMS
OF OATH
PART
1
Oath
(or affirmation) of
allegiance
I,
, do swear
(or solemnly affirm) that I will faithfully bear
true allegiance to
Her Majesty Queen Elizabeth the Second, Her Heirs and Successors,
according to
law.
So
help me God. (To be
omitted in affirmation).
PART
2
Oath
(or affirmation) of
office
I,
, do swear
(or solemnly affirm) that I will honour, uphold
and preserve the
Constitution of Nevis and the law, that I will conscientiously,
impartially and
to the best of my ability discharge my duties as and do right to all
manner of
people without fear or favour, affection or ill-will.
So
help me God. (To be
omitted in affirmation)
PART
3
Oath
(or affirmation) of
secrecy
I,
,
do swear (or solemnly affirm) that I will not on
any account, at any
time whatsoever, disclose any counsel, advice, opinion or vote given by
any
Minister as a member of the Cabinet and that I will not, except with
the
authority of the Cabinet and to such extent as may be required for the
proper
conduct of the government of Nevis, directly or indirectly reveal the
business
or proceedings of the Cabinet or any matter coming to my knowledge as a
member
of (or Secretary to) the Cabinet.
So
help me God. (To be
omitted in affirmation).
Article
114 (5)
THIRD
SCHEDULE
PROVISIONS
RELATING TO
CERTAIN TRIBUNALS
1.
If a member of the
tribunal dies or resigns from his office or becomes unable to perform
the
functions thereof, another person qualified to be appointed as a member
of the
tribunal may be so appointed in his place.
2.
The Governor-General
may appoint a secretary to the tribunal to record the proceedings of
the
tribunal and generally to perform such duties connected with the
enquiry as the
tribunal may direct.
3.
If the members of the
tribunal are equally divided on any question that arises during the
proceedings
of the tribunal, the chairman of the tribunal shall have and exercise a
casting
vote.
4.
The tribunal may
regulate its own procedure and may make rules for this purpose.
5.
No member of the
tribunal shall be liable to any action or suit for anything done by him
as a
member of the tribunal.
6.
The tribunal shall have
the powers of the High Court to summon witnesses, to call for the
production of
documents and to examine persons appearing before it on oath. All
summonses for
the attendance of witnesses or the production of documents shall be
signed by
one of the members of the tribunal, and oaths may be administered by
one of the
members or by the secretary to the tribunal.
7..
(1) All persons
summoned to attend and give evidence or to produce documents at any
sitting of the
tribunal shall be bound to obey the summons served upon them as fully
in all
respects as witnesses are bound to obey subpoenas issued from the
Supreme Court,
and shall be entitled to the like expenses as if they had been summoned
at the
instance of the Crown to attend the High Court on a criminal trial, if
the same
shall be allowed by the tribunal, but the tribunal may disallow the
whole or
any part of such expenses in any case if it thinks fit. The procedure
for the
payment of such witnesses shall be the same as nearly as may be for the
payment
of witnesses in the High Court.
(2)
Every person refusing
or omitting, without sufficient cause, to attend at the time and place
mentioned in the summons served on him, and every person attending, but
leaving
the enquiry without the permission of the tribunal, or refusing without
sufficient cause to answer, or to answer fully and satisfactorily to
the best
of his knowledge and belief, all questions put to
him by or with the
concurrence of the tribunal, or refusing or omitting without sufficient
cause
to produce any documents in his possession or under his control and
mentioned
or referred to in the summons served on him, and every person who shall
at any
sitting of the tribunal wilfully insult any member of the tribunal or
the
secretary or wilfully interrupt the proceedings of the tribunal shall
be liable
to a penalty not exceeding five hundred dollars to be recovered in a
summary
manner before any Magistrate.
(3)
A person giving
evidence before the tribunal shall not be compellable to criminate
himself, and
every such person shall, in respect of any evidence given by him before
the
tribunal, be entitled to all privileges to which a witness giving
evidence
before the High Court is entitled in respect of evidence given by him
before
that Court.
8.
The person to whom the
enquiry relates shall be entitled to be represented at the enquiry by a
person
entitled to practise in Nevis as a barrister or solicitor, and any
other person
concerned in the enquiry may, by leave of the tribunal, be so
represented.
9.
The Governor-General
may direct the Commissioner of Police to detail constables to attend
upon the
tribunal to preserve order during the proceedings of the tribunal, and
to serve
summonses on witnesses, and to perform such ministerial duties as the
tribunal
may direct.
10.
(1) The
Governor-General may direct
(a)
what remuneration, if
any, shall be paid to the members of the tribunal and to the secretary
and to
any other persons employed in connection with the
proceedings of the
tribunal;
and
(b) payment of any
other expenses attendant upon the
carrying out of the enquiry or upon any proceedings for any penalty
under this
Schedule.
(2)
Any sums directed to
be paid under the preceding sub-paragraph are hereby charged on the
Consolidated Fund. .
11.
No proceeding shall be
commenced for any penalty under this Schedule except by the direction
of the
Director of Public Prosecutions or of the tribunal. The tribunal may
direct
their secretary, or such other person as they may think fit, to
commence and
prosecute the proceedings for any such penalty.
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04th February 2005 
