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 The Executive

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CHAPTER IV

THE EXECUTIVE

59.- Executive authority

(1) The executive authority of Saint Lucia is vested in the Her Majesty.

(2) Subject to the provisions of this Constitution, the executive authority of Saint Lucia may be exercised on behalf of Her Majesty by the Governor-general either directly or through officers subordinate to him.

(3) Nothing in this section shall prevent parliament from conferring functions on persons or authorities other than the Governor-General.

60.- Ministers of the Government

(1) There shall be a Prime Minister of Saint Lucia who shall be appointed by the Governor-General.

(2) Whenever the Governor-general has occasion to appoint a Prime Minister he shall appoint a member of the House who appears to him likely to command the support of the majority of the members of the House.

(3) There shall be, in addition to the office of Prime Minister, such other offices of Minister of the Government 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.

(4) 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 Senators and the members of the House.

(5) If occasion arises for making and appointment to the office of Prime Minister or any other Minister while Parliament is dissolved then, notwithstanding the provisions of subsections (2) and (4) of this section, a person who was a member of the House immediately before the dissolution may be appointed as Prime Minister or any other Minister and a person who was a Senator immediately before the dissolution may be appointed as any Minister other than Prime Minister.

(6) The Governor-general shall remove the Prime Minister from office of a resolution of no confidence in the Government is passed by the House and the Prime Minister does not within three days either resign from his office or advise the Governor-general to dissolve Parliament.

(7) If, at any time between the holding of a general election of members of the House and the first meeting of the House thereafter, the Governor-General considers that in consequence of changes in the membership of the House resulting from that election the Prime Minister will not be able to command the support of the majority of the members of the House the Governor-general may remove the Prime Minister from office.

(8) The office of any Minister shall become vacant-

a) if the holder of the office ceases to be a Senator or a member the House otherwise than by reason of the dissolution of Parliament;

b) in the case of the Prime Minister, if, when the House first meets after the dissolution of Parliament, he is not then a member of the House;

c) in the case of any other Minister, if, when the House first meet after the dissolution of Parliament, he is not then a Senator or a member of the House; or

d) if, by virtue of section 27(3) or 34(3) of this Constitution, he is required to cease to perform his functions as a Senator or a member of the House.

(9) The office of a Minister other than the Prime Minister 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 House or is removed from office under subsection (6) of this section; or

c) on the appointment of any person to the office of Prime Minister

(10) In the exercise of the powers conferred upon him by subsections (2), (5) and (7) of his section the Governor-general shall act in his own deliberate judgment.

61.- Cabinet of Ministers

(1) There shall be a Cabinet of Ministers for Saint Lucia which shall consist of the Prime Minister and the other Ministers.

(2) 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 addiction to the Ministers.

(3) The functions of the Cabinet shall be to advice the Governor-general in the government of Saint Lucia and the Cabinet shall be collectively responsible to Parliament for any advice given to the Governor-General by or under the general authority of the cabinet and for all things done by or under he authority of any Minister in the execution of his office.

(4) The provisions of subsection (3) of this sections shall not apply in relation to-

a) the appointment and removal from office of Ministers and parliamentary Secretaries, the assignment of responsibility to any Ministers under section 62 of this Constitution , of the authorization of another Minister to perform the functions of the Prime Minister during absence or illness;

b) the dissolution of Parliament; or

c) the matters referred to in section 74 of this Constitution (which relate to the prerogative of mercy).

62.- Allocation of portfolios to Ministers

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 business of the Government, including the administration of any department of government:

Provided that responsibility for finance shall be assigned to a Minister who is a member of the House.

63.- Performance of functions of Ministers during absence or illness

(1) Whenever the Prime Minister is absent from Saint Lucia or be reason of illness is unable to perform the functions conferred upon him by this Constitution, the Governor-General may authorize some other Minister to perform those functions (other than the functions conferred by this section) and that Minister may perform those functions until his authority is revoked by the Governor-General.

(2) Whenever a Minister other than the Prime Minister is absent from Saint Lucia or is within Saint Lucia but by leave of the Governor-General is not performing the functions of his office or by reason of illness is unable to perform those functions, the Governor-General may authorize some other Minister to perform those functions or may appoint a Senator or a member of the House to be a temporary Minister in order to perform those functions; and that Minister may perform those functions until his authority or, as the case may be, his appointment is revoked by the Governor-General or he vacates office as a Minister under subsection (8) or (9) of section 60 of this Constitution.

(3) The power of the Governor-General under his section 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 judgment 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 judgment.

64.- Exercise of Governor-General's functions

(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 or any other law to act in accordance with the advice of, or after consultation with, any person or authority other than the Cabinet:

Provided that the foregoing provisions of this subsection shall not apply where the Governor-General is authorized to act in his own deliberate judgment in accordance with the following provisions of this Constitution-

a) section 57 (which relates to the Constituency Boundaries Commission and the Electoral Commission);

b) section 60 and 63 (which relates to Ministers);

c) section 67 (which relates to the Leader of the Opposition);

d) section 86 (which relates to the appointment, etc, of public officers);

e) section 88 (which relates to the Chief Elections Officer); and

f) section 95 (which relates to the Public Service Board of Appeal).

(2) During any period in which there is a vacancy in the office of Leader of the Opposition by reason of the fact that no person is both qualified for appointment to that office in accordance with this Constitution and willing to accept appointment, or if the Governor-general, acting in his own deliberate judgment, considers that it is not practicable for him to obtain the advice of the Leader of the Opposition within the time within which it may be necessary for him to act, he may act without that advice and in his own deliberate judgment 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 or, or after consultation with, the Leader of the Opposition.

(3) Nothing in subsection (1) of his section 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 of this Constitution-

a) the proviso to section 55(4) (which requires the Governor-General to remove the Prime Minister from office in certain circumstances);

b) section 60(6) (which requires the Governor-General to remove the Prime Minster from office in certain circumstances);

c) section 65 (which entitles the Governor-general to information);

d) section 57 (7), 67 (5), 85 (6), 88 (7), 89 (8), 90 (7), 92 (6), 95 (5), 110 (7) and 118 (8) (which requires the Governor-General to remove holders of certain officers from office in certain circumstance).

65.- Governor-General to be informed concerning government matters

The Prime Minister shall keep the Governor-general fully informed concerning the general conduct of the government of Saint Lucia and shall furnish the Governor-General with such information as he may request with respect to any particular matter relating to the government of Saint Lucia.

66.- Oaths to be taken by Ministers, etc

A Minister or a Parliamentary Secretary 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.

67.- Leader of the Opposition

(1) There shall (except at times when there are no members of the House who do not support the Government) be a Leader of the Opposition 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 member of the House who appears to him most likely to command the support of a majority or the members of the House who do not support the Government: or, if no member of the House appears to him to command such support, the member of the House who appeals to him to command the support of the largest single group of members of the House who do not support the Government.

(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 members of the House is held, and 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 otherwise than by reason of a dissolution of Parliament;

b) if, when the House first meets after a dissolution of Parliament, he is not then a member of the House;

c) if, under the provisions of section 34(3) of this Constitution, he is required to cease to perform his functions as a member of the House; or

d) if he is removed from office by the Governor-General under the provisions of subsection (5) of this section.

(5) If it appears to the Governor-General that the Leader of the Opposition is no longer able to command the support of a majority of the members of the House who do not support the Government or (if no member of the House appears to him to be able to command such support) the support of the largest single group of members of the House who do not support the Government, he shall remove the Leader of the Opposition from office.

(6) The power of the Governor-General under his section shall be exercised by him in his own deliberate judgment.

68.- Parliamentary Secretaries

(1) The Governor-General, acting in accordance with the advice of the Prime Minister, may appoint parliamentary Secretaries from among the Senators and the members of the House to assist Ministers in the performance of their duties:

Provided that, if occasion arises for making an appointment while parliament is dissolved, a person who was a Senator or a member of the House immediately before the dissolution may be appointed as a Parliamentary Secretary.

(2) The office of a Parliamentary Secretary 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 not confidence in the Government has been passed by the House or is removed from office under section 60(7) of this Constitution;

c) upon the appointment of any person to the office of Prime Minister;

d) if the holder of the office ceases to be a Senator or a member of the House otherwise than by reason of a dissolution of Parliament;

e) if, when the House first meets after the dissolution of Parliament, he is not then a Senator or a member of the House; or

f) if, by virtue of section 27(3) or 34(3) of this Constitution, he is required to cease to perform his functions as a member of the Senate or a member of the House.

69.- Permanent Secretaries

Where any Minister has been charged with responsibility for any department of government, he shall exercise general direction and control over that department; and subject to such direction and control, every department of government shall be under the supervision of a public officer whose office is referred to in this Constitution as the office of a permanent secretary:

Provided that two or more government departments may be places under the supervision of one permanent secretary.

70.- Secretary to the Cabinet

(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 keeping 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 the Prime Minister may direct.

71.- Constitution of offices, etc.

Subject to the provisions of the Constitution and of any other law, the Governor-General may constitute offices for Saint Lucia, make appointments to any such office and terminate any such appointment.

72.- Attorney-General

(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) At any time when the office of Attorney-General is a public office the same person may, if qualified, be appointed to hold or act in the office of Attorney-General and the office of Director of Public Prosecutions.

(4) Where the offices of Attorney-General and Director of Public Prosecutions are held by the same person the following provisions of this Constitution shall have effect as if references therein to the Director included references to the Attorney-General, that is to say, sections 87, 89(5), (6), (7), (8), (9) and (10), 98 (3) and 124 (8)(a); but the provisions of this subsection shall be without prejudice to the powers of Parliament or, subject to the provisions of any law enacted by Parliament, the Governor-general to determine that the office of Attorney-General shall be the office of a Minister.

73.- Control of public prosecutions

(1) There shall be a Director of Public Prosecutions whose office shall be a public office.

(2) 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 of law (other than a court-martial) in respect of any offence alleged to have been committed by that person;

b) to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and

(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken be himself or any other person or authority.

(3) The powers of the Director of Public Prosecutions under subsection (2) of this section may be exercised by him in person or through other persons acting under and in accordance with his general or special instruction.

(4) the posers conferred on the Director of Public Prosecutions by paragraphs (b) and (c) of subsection (2) of this section shall be vested in him to the execution of nay other person or authority;

Provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court.

(5) For the purposes of this section, any appeal from a judgment in criminal proceedings before any court or any case stated or question of law reserved for the purpose of any such proceedings, to any other court (including Her Majesty in Council) shall be deemed to be part of those proceedings;

Provided that the power conferred on the Director of Public Prosecutions by subsection (2)(c) of this section shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such a person.

(6) In the exercise of the powers vested in him by subsection (2) of this section and section 46 of this Constitution, the Director of Public Prosecutions shall not be subject to the director or control of any other person or authority.

74.- Prerogative of mercy

(1) The Governor-General may-

a) grant a pardon , either free or subject to lawful conditions, to any person convicted or any offence;

b) grant to any person a respite, either indefinite or of a specified period, of the execution of any punishment imposed on that person for any offence;

c) substitute a less severe form of punishment for any punishment imposed on any person for any offence; or

d) remit the whole or any part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Crown on account of any offence.

(2) The power of the Governor-general under subsection (1) of this section shall be exercised by him in accordance with the advice of the Committee established by section 75 of this Constitution.

75.- Committee on Prerogative of Mercy

(1) There shall be a Committee on the Prerogative of Mercy which shall consist of-

a) such Minister as may be designated by the Governor-General, who shall be chairman;

b) the Attorney-General;

c) the chief medical officer of the Government; and

d) not more than three other members appointed by the Governor-General, by instrument in writing under his hand.

(2) A member of the Committee appointed under subsection (1)(d) of this section shall hold his seat thereon for such period as may be specified in the instrument by which he was appointed:

Provided that his seat shall become vacant-

a) in the case of a person who at the date of his appointment was a Minister, if he ceases to be a Minister; or

b) if the Governor-General, by instrument in writing under his hand, 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 section, the Governor-General shall act in accordance with the advice of the Prime Minister.

Where any person has been sentenced to death (otherwise than by a court-martial) for an offence the Minister for the time being designated under section 75(1) of this Constitution shall cause a written report of the case from the trial judge (or the Chief Justice, if a report from the trial judge cannot be obtained), together with such other information derived from the record of the case or elsewhere as he may require, to be taken into consideration at a meeting of the Committee on the Prerogative of Mercy, so that the Committee may advice the Governor-General whether to exercise any of his power under section 74(1) of this Constitution.

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