Constitution

Saint Vincent and the Grenadines 1979 Constitution

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Table of Contents

CHAPTER IX. MISCELLANEOUS

101. Supreme law

This Constitution is the supreme law of Saint Vincent and, subject to the provisions of this Constitution, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.

102. Functions of Governor-General

  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 Saint Vincent 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 accordance with the advice of any person or authority, the question whether the Governor-General has so exercised that function shall not be enquired into in any court of law.

103. Resignations

  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–
    1. the Speaker;
    2. 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 Deputy Speaker; or
    3. if the office of Deputy Speaker is vacant or the Deputy Speaker is for any reason unable to perform the functions of his office and no other person is performing them, the Clerk of the House.
  2. The Speaker or the Deputy Speaker may resign his office by writing under his hand addressed to the House and the resignation shall take effect, and the office shall accordingly become vacant, when the writing is received by the Clerk of the House.
  3. Any person who has been appointed to an office established by this Constitution (other than an office to which subsection (1) or (2) of this section applies) or any office of Minister 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–
    1. at such time or on such date (if any) as may be specified in the writing; or
    2. when the writing is received by the person or authority to whom it is addressed or by such other person as may be authorised to 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.

104. Re-appointment and concurrent appointments

  1. Where any person has vacated any office established by this Constitution or any office of Minister or Parliamentary Secretary 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, 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 subsection, then, for the purposes of any function conferred upon the holder of that office, the person last appointed shall be deemed to be the sole holder of the office.

105. Interpretation

  1. In this Constitution, unless the context otherwise requires–
    • “citizen” means a citizen of Saint Vincent and “citizenship” shall be construe accordingly;
      “Commonwealth citizen” has such meaning as Parliament may prescribe;

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      “dollars” means dollars in the currency of Saint Vincent;

      “financial year” means any period of twelve months beginning on 1st January in any year or such other date as may be prescribed by law;

      “the Government” means the Government of Saint Vincent;

      “the House” means the House of Assembly;

      “law” means any law in force in Saint Vincent 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;

      “Minister” means a Minister of the Government;

      “Parliament” means the Parliament of Saint Vincent;

      “oath” includes affirmation;

      “oath of allegiance” means such oath of allegiance as may be prescribed by law;

      “oath of office” means, in relation to any office, such oath for the due execution of that office as may be prescribed by law;

      “oath of secrecy” means such oath of secrecy as may be prescribed by law;

      “the Police Force” means the Royal Saint Vincent Police Force and includes any other police force established to succeed to the functions of the Royal Saint Vincent Police Force;

      “public office” means any office of emoluments in the public service;

      “public officer” means a person holding or acting in any public office;

      “the public service” means, subject to the provisions of this section, the service in a civil capacity of the Government;

      “Saint Vincent” means Saint Vincent and the Grenadines;

      “session” means, in relation to the House, the period beginning when it 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, in relation to the House, the period during which it is sitting continuously without adjournment and includes any period during which it is in committee;

      “Speaker” and “Deputy Speaker” mean the respective persons holding office as Speaker and Deputy Speaker of the House.
  2. In this Constitution references to an office in the public service shall not be construed as including–
    1. references to the office of the Speaker or Deputy Speaker, the Prime Minister or any other Minister, a Parliamentary Secretary or a member of the House;
    2. 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;
    3. references to the office of judge or officer of the Supreme Court;
    4. 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–
    1. references to the Supreme Court Order include references to any law altering that Order;
    2. 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;
    3. references to the Chief Justice have the same meaning as in the Supreme Court Order;
    4. references to a judge of the Supreme Court are references to a judge of the High Court or the Court of Appeal and, unless the context otherwise requires, include references to a judge of the former Supreme Court of the Windward Islands and Leeward Islands; and
    5. references to officers of the Supreme Court are references to the Chief Registrar and other officers of the Supreme Court appointed under the Supreme Court Order.
  4. 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 Saint Vincent.
  5. 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.
  6. 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.
  7. Except in the case where this Constitution provides for the holder of any office thereunder to be such person holding or acting in any other office as may for the time being be designated in that behalf by some other specified person or authority, no person may, without his consent, be nominated for election to any such office or be appointed to or to act therein or otherwise be selected therefor.
  8. 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–
    1. nothing in this subsection 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
    2. 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.
  9. 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.
  10. 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.
  11. 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 of law from exercising jurisdiction in relation to any question whether that person or authority has exercised those functions in accordance with this Constitution or any other law.
  12. Without prejudice to the provisions of section 14 of the Interpretation Act 1978 [FN: 1978 c. 30.] (as applied by subsection (15) of this section), where any power is conferred by this Constitution to make any order, regulation or rule or give any direction or make any designation, the power shall be construed as including the power, exercisable in like manner and subject to the like conditions, if any, to amend or revoke any such order, regulation, rule, direction, or designation.
  13. Save as may be otherwise provided by Parliament, the provisions (except sections 2 and 16) of the Commissions of Enquiry Ordinance of Saint Vincent shall apply, with the necessary adaptations, in relation to tribunals appointed under sections 32(6), 77(7), 81(8), 82(8) and 86(6) of this Constitution or, as the context may require, to the members thereof as they apply in relation to Commissions or Commissioners appointed under that Ordinance.
  14. In this Constitution references to altering this Constitution or any other law, or any provision thereof, include references–
    1. to revoking it, with or without re-enactment thereof or the making of different provision in lieu thereof;
    2. to modifying it whether by omitting or amending any of its provisions or inserting additional provisions in it or otherwise; and
    3. to suspending its operation for any period or terminating any such suspension.
  15. The Interpretation Act 1978 shall apply, with the necessary adaptations, for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to Acts of the Parliament of the United Kingdom.

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