CHAPTER VI - PART 1

The Public Service Commission

85. Public Service Commission

86. Appointment etc. of Public Officers

85. Public Service Commission

(1) There shall be a Public Service Commission for Saint Lucia (hereinafter in this section referred to as the Commission) which shall consist of a chairperson and not less than 2 nor more than 4 other members, who shall be appointed by the Governor General, acting in accordance with the advice of the Prime Minister:

Provided that the Prime Minister shall consult the Leader of the Opposition before tendering any advice to the Governor General for the purposes of this subsection.

(2) A person shall not be qualified to be appointed as a member of the Commission if—

(a) he or she is a Senator or a member of the House;

(b) he or she is, or has at any time during the 3 years preceding his or her appointment been, a judge of the Supreme Court or a public officer.

(3) A member of the Commission shall not, within the period of 3 years commencing with the day on which he or she last held or acted in the office of member of the Commission, be eligible for appointment to or to act in any public office.

(4) Subject to the provisions of this section, the office of a member of the Commission shall become vacant—

(a) at the expiration of 3 years from the date of his or her appointment; or

(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 to be appointed as such under subsection (2).

(5) A member of the Commission may be removed from office only for inability to exercise the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.

(6) A member of the Commission 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 (7) 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.

(7) If the Prime Minister represents to the Governor General that the question of removing a member of the Commission under this section ought to be investigated then—

(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 such a court; and

(b) the tribunal shall enquire into the matter and report on the facts thereof to the Governor General and recommend to him or her whether the member ought to be removed under this section.

(8) If the question of removing a member of the Commission has been referred to a tribunal under this section, the Governor General, acting in accordance with the advice of the Prime Minister, may suspend that member from the exercise of the functions of his or her office and any such suspension may at any time be revoked by the Governor General, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the Governor General that that member should not be removed.

(9) If the office of chairperson of the Commission is vacant or if the holder of that office is for any reason unable to exercise the functions of his or her office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by such other member of the Commission as may be designated by the Governor General, acting in accordance with the advice of the Prime Minister.

(10) If at any time there are less than 2 members of the Commission besides the chairperson or if any such member is acting as chairperson or is for any reason unable to exercise the functions of his or her office, the Governor General, acting in accordance with the advice of the Prime Minister, may appoint a person who is qualified to be appointed as a member of the Commission to act as a member, and any person so appointed shall, subject to the provisions of subsection (4), continue to act until the office in which he or she is acting has been filled or, as the case may be, until the holder thereof has resumed his or her functions or until his or her appointment to act has been revoked by the Governor General, acting in accordance with the advice of the Prime Minister.

(11) A member of the Commission shall not enter upon the duties of his or her office until he or she has taken and subscribed the oath of allegiance and the oath of office.

(12) The Commission shall in the exercise of its functions under this Constitution, not be subject to the direction or control of any other person or authority.

(13) The Commission may by regulation or otherwise regulate its own procedure and, with the consent of the Prime Minister, may confer powers or impose duties on any public officer or on any authority of the Government for the purpose of the exercise of its functions.

(14) The Commission may, subject to its rules of procedure, 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:

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

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86. Appointment etc., of public officers

(1) The power to appoint persons to hold or act in offices in the public service (including the power to confirm appointments), and, subject to the provisions of section 96, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Public Service Commission.

(2) The Public Service Commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under subsection (1) to any one or more members of the Commission or, with the consent of the Prime Minister, to any public officer.

(3) The provisions of this section shall not apply in relation to the following offices, that is to say—

(a) any office to which section 87 applies;

(b) the office of Chief Elections Officer;

(c) the office of Director of Public Prosecutions;

(d) the office of Director of Audit;

(e) any office to which section 91, 93 or 94 applies.

(4) No person shall be appointed under this section to or to act in any office on the Governor General’s personal staff except with the concurrence of the Governor General, acting in his or her own deliberate judgment.

(5) Before any of the powers conferred by this section are exercised by the Public Service Commission or any other person or authority in relation to the Clerk of the Senate or the Clerk of the House or a member of their staff, the Commission or that person or authority shall consult with the President or the Speaker, as the case may be.

(6) Before any of the powers conferred by this section are exercised by the Public Service Commission or any other person or authority in relation to a member of the staff of the Parliamentary Commissioner or the Chief Elections Officer, the Commission or that person or authority shall consult with the Commissioner or, as the case may be, the Officer.

(7) A public officer shall not be removed from office or subjected to any other punishment under this section on the grounds of any act done or omitted by him or her in the exercise of a judicial function conferred on him or her unless the Judicial and Legal Services Commission concurs therein.

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