Dominica 1978 Constitution (reviewed 2014) - Page 5 of 14

Table of Contents

Chapter IV. The Executive

58. Executive authority of Dominica

The executive authority of Dominica is vested in the President.
Subject to the provisions of this Constitution, the executive authority of Dominica may be exercised by the President either directly or through officers subordinate to him.
Nothing in this section shall prevent Parliament from conferring functions on persons or authorities other than the President.

59. Ministers of the Government

There shall be a Prime Minister of Dominica, who shall be appointed by the President.
Whenever the President has occasion to appoint a Prime Minister he shall appoint an elected member of the House who appears to him likely to command the support of the majority of the elected members of the House.
There shall be, in addition to the office of Prime Minister, such other 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 President, acting in accordance with the advice of the Prime Minister.
Appointments to the office of Minister, other than the office of Prime Minister, shall be made by the President, acting in accordance with the advice of the Prime Minister, from among the members of the House:Provided that not more than three Ministers shall be appointed from among Senators who have been appointed as such.
If occasion arises for making an appointment to the office of Prime Minister or any other Minister while Parliament is dissolved, then, notwithstanding the provisions of subsections (2) and (4) of this section (but subject to the proviso to subsection (4)), a person who was an elected member of the House immediately before the dissolution may be appointed as Prime Minister or any other Minister and a person who was a Senator immediately before the dissolution, having been appointed as such, may be appointed as any Minister other than Prime Minister.
The President shall remove the Prime Minister from office if a resolution of no confidence in the Government is passed by the House and the Prime Minister does not within three days either resign from his office or advise the President to dissolve Parliament.
If, at any time between the holding of a general election of Representatives and the first meeting of the House thereafter, the President considers that in consequence of changes in the membership of the House resulting from that election and of any general election of Senators the Prime Minister will not be able to command the support of the majority of the elected members of the House the President may remove the Prime Minister from office.
The office of any Minister shall become vacant—
1. if the holder of the office ceases to be a member of the House otherwise than by reason of the dissolution of Parliament;
2. in the case of the Prime Minister, if, when the House first meets after the dissolution of Parliament, he is not then an elected member of the House;
3. in the case of any other Minister, if, when the House first meets after the dissolution of Parliament, he is not then a member of the House; or
4. if, by virtue of section 35(4) of this Constitution, he is required to cease to perform his functions as a member of the House.
The office of a Minister other than the Prime Minister shall become vacant—
1. if the President, acting in accordance with the advice of the Prime Minister, so directs;
2. 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
3. on the appointment of any person to the office of Prime Minister.
In the exercise of the powers conferred upon him by subsections (2), (5) and (7) of this section the President shall act in his own deliberate judgment.

60. Cabinet of Ministers

There shall be a Cabinet of Ministers for Dominica which shall consist of the Prime Minister and the other Ministers.
At any time when the office of Attorney General is a public office, the Attorney General shall, by virtue of holding or acting in that office, be a member of the Cabinet in addition to the Ministers.
The functions of the Cabinet shall be to advise the President in the Government of Dominica and the Cabinet shall be collectively responsible to Parliament for any advice given to the President by or under the general authority of the Cabinet and for all things done by or under the authority of any Minister in the execution of his office.
The provisions of subsection (3) of this section shall not apply in relation to—
1. the appointment and removal from office of Ministers, temporary Ministers and Parliamentary Secretaries, the assignment of responsibility to any Minister under section 61 of this Constitution, or the authorisation of another Minister to perform the functions of the Prime Minister during absence or illness;
2. the dissolution of Parliament; or
3. the matters referred to in section 73 of this Constitution (which relate to the prerogative of mercy).

61. Allocation of portfolios to Ministers

The President, 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 an elected member of the House.

62. Performance of functions of Ministers during absence or illness

Whenever the Prime Minister is absent from Dominica or by reason of illness is unable to perform the functions conferred upon him by this Constitution, the President may authorise some other 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 President.
Whenever a Minister other than the Prime Minister is absent from Dominica or is within Dominica but by leave of the President is not performing the functions of his office or by reason of illness is unable to perform those functions, the President may authorise some other Minister to perform those functions or may appoint a member of the House to be a temporary Minister in order to perform those functions; and that Minister or temporary Minister may perform those functions until his authority or, as the case may be, his appointment is revoked by the President:Provided that the office of a temporary Minister shall become vacant if any circumstances arise that, if he were a Minister, would cause him to vacate office as such.
The powers of the President under this section shall be exercised by him in accordance with the advice of the Prime Minister:Provided that if the President, 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.

63. Exercise of President’s functions

In the exercise of his functions the President shall act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet except in cases where he is required by this Constitution or any other law to act in accordance with the advice of, or after consultation with, any person or authority other than the Cabinet:Provided that the foregoing provisions of this subsection shall not apply where the President is authorised to act in his own deliberate judgment in accordance with the following provisions of this Constitution—
1. section 56 (which relates to the Constituency Boundaries Commission and the Electoral Commission);
2. sections 59 and 62 (which relate to Ministers);
3. section 66 (which relates to the Leader of the Opposition);
4. section 85 (which relates to the appointment, etc., of public officers);
5. section 87 (which relates to the Chief Elections Officer); and
6. section 93 (which relates to the Public Service Board of Appeal).
During any period in which there is a vacancy in the office of Leader of the Opposition by reason of the fact that no person is both qualified for appointment to that office in accordance with this Constitution and willing to accept appointment, or if the President, acting in his own deliberate 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 of, or after consultation with, the Leader of the Opposition.
Nothing in subsection (1) of this section shall require the President to act in accordance with the advice of the Cabinet or a Minister in exercise of the functions conferred upon him by the following provisions of this Constitution—
1. the proviso to section 54(4) (which requires the President to dissolve Parliament in certain circumstances);
2. section 59(6) (which requires the President to remove the Prime Minister from office in certain circumstances);
3. section 64 (which entitles the President to information);
4. sections 56(5), 66(4), 84(6), 87(7), 88(8), 89(7), 93(5), and 108(7) (which require the President to remove the holders of certain offices from office in certain circumstances).

64. President to be informed concerning matters of Government

The Prime Minister shall keep the President fully informed concerning the general conduct of the Government of Dominica and shall furnish the President with such information as he may request with respect to any particular matter relating to the Government of Dominica.

65. 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.

66. Leader of the Opposition

There shall be a Leader of the Opposition who shall be appointed by the President.
Whenever there is occasion for the appointment of a Leader of the Opposition the President shall appoint the elected member of the House who appears to him most likely to command the support of a majority of the elected members of the House who do not support the Government: or, if no elected member of the House appears to him to command such support, the elected member of the House who appears to him to command the support of the largest single group of members of the House who do not support the Government:Provided that if a member of the House was elected at a general election in which he stood as a supporter of a political party and the majority of members of the House elected at that time (whether as Representatives or Senators) stood as supporters of that party, he shall, so long as he remains a member of the House by virtue of that election, not be eligible for appointment as Leader of the Opposition.
If occasion arises to appoint a Leader of 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.
The office of Leader of the Opposition shall become vacant—
1. if he ceases to be a member of the House otherwise than by reason of a dissolution of Parliament;
2. if, when the House first meets after a dissolution of Parliament, he is not then a member of the House;
3. if, under the provisions of section 35(4) of this Constitution, he is required to cease to perform his functions as a member of the House; or
4. if he is removed from office by the President under the provisions of subsection (5) of this section.
If it appears to the President that the Leader of the Opposition is no longer able to command the support of a majority of the elected members of the House who do not support the Government or (if no elected 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.
The powers of the President under this section shall be exercised by him in his own deliberate judgment.

67. Parliamentary Secretaries

The President, acting in accordance with the advice of the Prime Minister, may appoint Parliamentary Secretaries from among 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 member of the House immediately before the dissolution may be appointed as a Parliamentary Secretary.
The office of a Parliamentary Secretary shall become vacant—
1. if the President, acting in accordance with the advice of the Prime Minister, so directs;
2. 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 section 59(6) of this Constitution;
3. upon the appointment of any person to the office of Prime Minister;
4. if the holder of the office ceases to be a member of the House otherwise than by reason of a dissolution of Parliament;
5. if, when the House first meets after the dissolution of Parliament, he is not then a member of the House; or
6. if, by virtue of section 35(4) of this Constitution, he is required to cease to perform his functions as a member of the House.

68. 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 placed under the supervision of one Permanent Secretary.

69. Secretary to the Cabinet

There shall be a Secretary to the Cabinet whose office shall be a public office.
The Secretary to the Cabinet, who shall have charge of the Cabinet Office, shall be responsible, in accordance with such instructions as may be given to him by the Prime Minister, for arranging the business for, and keeping the minutes 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.

70. Constitution of offices, etc

Subject to the provisions of this Constitution and of any other law, the President may constitute offices for Dominica, make appointments to any such office and terminate any such appointment.

71. Attorney General

There shall be an Attorney General who shall be the principal legal adviser to the Government.
The office of Attorney General shall be either a public office or the office of a Minister.
At any time when the office of Attorney General is a public office the same person may, if qualified, be appointed to hold or act in the office of Attorney General and the office of Director of Public Prosecutions.
Where the offices of Attorney General and Director of Public Prosecutions are held by the same person the following provisions of this Constitution shall have effect as if references therein to the Director included references to the Attorney General, that is to say, sections 86, 88(5), (6), (7), (8), (9) and (10), 96(3) and 121(8)(a); but the provisions of this subsection shall be without prejudice to the powers of Parliament or, subject to the provisions of any law enacted by Parliament, the President to determine that the office of Attorney General shall be the office of a Minister.

72. Control of public prosecutions

There shall be a Director of Public Prosecutions whose office shall be a public office.
The Director of Public Prosecutions shall have power in any case in which he considers it desirable so to do—
1. 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;
2. to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and
3. to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.
The powers of the Director of Public Prosecutions under subsection (2) of this section may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions.
The powers conferred on the Director of Public Prosecutions by paragraphs (b) and (c) of subsection (2) of this section shall be vested in him to the exclusion of any 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.
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 the Caribbean Court of Justice) 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.
In the exercise of the powers vested in him by subsection (2) of this section, the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority:Provided that the powers vested in him by paragraph (c) of that subsection (2) shall be exercised by him in accordance with such general or special directions (if any) as the Attorney General may give him.

73. Prerogative of Mercy

The President may—
1. grant a pardon, either free or subject to lawful conditions, to any person convicted of any offence;
2. grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence;
3. substitute a less severe form of punishment for any punishment imposed on any person for any offence; or
4. 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 Government on account of any offence.
The powers of the President under subsection (1) of this section shall be exercised by him in accordance with the advice of such Minister as may from time to time be designated by the President, acting in accordance with the advice of the Prime Minister.

74. Advisory Committee on Prerogative of Mercy

There shall be an Advisory Committee on the Prerogative of Mercy for Dominica (hereinafter in this section referred to as the Committee) which shall consist of—
1. the Minister for the time being designated under section 73(2) of this Constitution, who shall be chairman;
2. the Attorney General; and
3. not more than four other members appointed by the President, by writing under his hand.
A member of the Committee appointed under subsection (1)(c) of this section shall hold his seat thereon for such period as may be specified in the instrument by which he was appointed:Provided that his seat shall become vacant—
1. in the case of a person who at the date of his appointment was a Minister, if he ceases to be a Minister, or
2. if the President, by writing under his hand, so directs.
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.
The Committee may regulate its own procedure.
In the exercise of his functions under this section, the President shall act in accordance with the advice of the Prime Minister.

75. Functions of Advisory Committee

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 73(2) of this Constitution shall cause a written report of the case from the trial Judge (or the Chief Justice, if a report from the trial Judge cannot be obtained) together with such other information derived from the record of the case or elsewhere as he may require, to be taken into consideration at a meeting of the Advisory Committee on the Prerogative of Mercy; and after obtaining the advice of the Committee he shall decide in his own deliberate judgment whether to advise the President to exercise any of his powers under section 73(1) of this Constitution.
The Minister for the time being designated under section 73(2) of this Constitution may consult with the Advisory Committee on the Prerogative of Mercy before tendering any advice to the President under that subsection in any case not falling within subsection (1) of this section but he shall not be obliged to act in accordance with the recommendation of the Committee.