Overview of Advice and Litigation Department

Pursuant to section 72 of the Saint Lucia Constitution, Cap. 1.01 of the Revised Laws of Saint Lucia the Attorney General is the principal legal advisor to the Government. As a consequence, all matters which have a legal implication ought to be referred to the Attorney General.

The Advice and Litigation Department comprises, the Legal Professional Staff and the Legal Administrative Staff making a total of Nineteen (19) officers.

There are currently ten (10) Legal Professional Staff at Chambers including the Honourable Attorney General.

The Legal Officers attached to the Office of the Attorney General are appointed by the Judicial and Legal Service Commission pursuant to section 91 of the Constitution of Saint Lucia which states as follows:-

 “91.   Appointment, etc. of magistrates, registrars and legal officers

(1) This section applies to the offices of magistrate, registrar of the High Court and assistant registrar of the High Court, to any public office in the department of the Attorney General (other than the public office of Attorney General) or in the department of the Parliamentary Commissioner, the department of the Chief Elections Officer (other than the office of Officer) or the department of the Director 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 and such other offices connected with the courts as Parliament may prescribe.

(2) The power to appoint persons to hold or act in offices to which this section applies (including the power to confirm appointments) shall vest in the Judicial and Legal Services Commission.

(3) Subject to the provisions of section 96, the power to exercise disciplinary control over persons holding or acting in offices to which this section applies and the power to remove such persons from office shall vest in the Judicial and Legal Services Commission.”

In addition to representing the Attorney General at Court on all litigation, Chambers is also involved in ensuring that equally there is an effective discharge of all its functions and other work assigned and undertaken notwithstanding the constraints and other challenges which it continues experience.

Some of work which Chambers (Advice and Litigation) is involved in has been itemized hereunder:

1. Appearing as Tutor Ad Hoc in applications for adoptions of infants.
2. Vetting of Alien Landholding Licences.
3. Preparation of Apostles.
4. Vetting and or preparations of Agreements/Contracts/Memoranda of Understanding/ Loan Agreements/Grant Agreements.
5. Representing the Government in Boards of Assessment matters with respect to the compulsory acquisition of property.
6. Processing applications for Calls to the Bar with respect to Attorneys who are non-citizens and who wish to make an application to the Court to enable them to practice before the Courts.
7. Representing the Government on various Committees/Boards.
8. The vetting and or the preparation of various types of Deeds on behalf of the Government.
9. Preparing, filing and representing requesting countries with respect to Extraditions/Surrenders of individuals who are wanted by these requesting countries and are located in Saint Lucia.
10. Vetting and or the preparation of Leases which affects and concerns the Government.
11. Vetting and processing of Marriage Licences applications.
12. Preparing and processing of Mutual Legal Assistance request.
13. Vetting of Non–Profit Companies application with a view to the necessary recommendations being made.
14. Preparing opinions for various Government Departments.
15. Representing the Government at court in various matters of Litigation