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57.   Constituency Boundaries Commission and Electoral Commission

Revised Laws of Saint Lucia (2022)

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PART 4
CONSTITUENCY BOUNDARIES AND ELECTORAL COMMISSIONS

57.   Constituency Boundaries Commission and Electoral Commission

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    (1)   There shall be a Constituency Boundaries Commission and an Electoral Commission for Saint Lucia (each of which is hereinafter in this section referred to as a Commission).

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    (2)   The Constituency Boundaries Commission shall consist of—

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      (a)     the Speaker, as chairperson;

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      (b)     two members appointed by the Governor General, acting in accordance with the advice of the Prime Minister; and

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      ©     two members appointed by the Governor General, acting in accordance with the advice of the Leader of the Opposition.

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    (3)   The Electoral Commission shall consist of—

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      (a)     a chairperson appointed by the Governor General, acting in his or her own deliberate judgment;

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      (b)     one member appointed by the Governor General, acting in accordance with the advice of the Prime Minister; and

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      ©     one member appointed by the Governor General, acting in accordance with the advice of the Leader of the Opposition.

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    (4)   A person shall not be qualified to be appointed as a member of a Commission if he or she is a Senator or member of the House or a public officer nor, in the case of the chairperson of the Electoral Commission, unless he or she holds one of the specified qualifications and has held one or other of those qualifications for a total period of not less than 7 years.

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    (5)   Subject to the provisions of this section, a member of a Commission who has been appointed shall vacate his or her office—

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      (a)     when the House first meets after the next dissolution of Parliament after his or her appointment;

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      (b)     if any circumstances arise that, if he or she were not a member of the Commission, would cause him or her to be disqualified for appointment as such.

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    (6)   A member of a Commission who has been appointed may be removed from office but only for inability to discharge the functions thereof (whether arising from infirmity of mind or body or any other cause) or for misbehaviour, and he or she shall not be so removed except in accordance with the provisions of this section.

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    (7)   A member of a Commission who has been appointed shall be removed from office by the Governor General if the question of his or her removal from office has been referred to a tribunal appointed under subsection (8) and the tribunal has recommended to the Governor General that he or she ought to be removed from office for inability as aforesaid or for misbehaviour.

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    (8)   If the Prime Minister, in the case of a member of the Constituency Boundaries Commission appointed in accordance with subsection (2)(b), or the Leader of the Opposition, in the case of a member of that Commission appointed in accordance with subsection (2)(c), represents to the Governor General or if, in the case of the chairperson of the Electoral Commission, the Governor General, acting in his or her own deliberate judgment, and, in the case of any other member of that Commission, the Governor General, acting after consultation with the Prime Minister and the Leader of the Opposition, considers that the question of removal of a member of the Commission from office for inability as aforesaid or for misbehaviour ought to be investigated, then—

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      (a)     the Governor General shall appoint a tribunal, which shall consist of a chairperson and not less than 2 other members, selected by 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; and

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      (b)     the tribunal shall enquire into the matter and report on the facts thereof to the Governor General and recommend to the Governor General whether the member of the Commission ought to be removed from office for inability as aforesaid or for misbehaviour.

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    (9)   A Commission may regulate its own procedure, and, with the consent of the Prime Minister, confer powers and impose duties on any public officer or on any authority of the Government for the purpose of the discharge of its functions.

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    (10)   A 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:

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    Provided that any decision of the Commission shall require the concurrence of a majority of all its members.

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    (11)   In the exercise of its functions under this Constitution a Commission shall not be subject to the direction or control of any other person or authority.

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