CHAPTER VI - PART 2
Appointments, etc., to particular offices
87. Appointment, etc., of Permanent Secretaries and certain other officers
88. Chief Elections Officer
89. Director of Public Prosecutions
90. Director of Audit
91. Appointment, etc. of magistrates, registrars and legal officers
87. Appointment, etc., of Permanent Secretaries and certain other officers
(1) This section applies to the offices of Secretary to the Cabinet, permanent secretary, head of a department of government, deputy head of a department of government, any office designated by the Public Service Commission as an office of a chief professional adviser to a department of government and any office designated by the Commission, after consultation with the Prime Minister, as an office the holders of which are required to reside outside Saint Lucia for the proper discharge of their functions or as an office in Saint Lucia whose functions relate to external affairs.
(2) The power to appoint persons to hold or to act in offices to which this section applies (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 Governor General, acting in accordance with the advice of the Public Service Commission.
However—
(a) the power to appoint a person to hold or act in an office of permanent secretary on transfer from another such office carrying the same salary shall vest in the Governor General, acting in accordance with the advice of the Prime Minister;
(b) before the Public Service Commission tenders advice to the Governor General with respect to the appointment of any person to hold an office to which this section applies (other than an appointment to an office of permanent secretary on transfer from another such office carrying the same salary) it shall consult with the Prime Minister and if the Prime Minister signifies his or her objection to the appointment of any person to the office, the Commission shall not advise the Governor General to appoint that person;
(c) in relation to any office of Ambassador, High Commissioner or other principal representative of Saint Lucia in any other country or accredited to any international organization the Governor General shall act in accordance with the advice of the Prime Minister, who shall, before tendering any such advice in respect of any person who holds any public office to which appointments are made by the Governor General on the advice of or after consultation with some other person or authority, consult that person or authority.
(3) References in this section to a department of government shall not include the office of the Governor General, the department of the Attorney General, the department of the Director of Public Prosecutions, the department of the Director of Audit, the department of the Parliamentary Commissioner, the department of the Chief Elections Officer or the Police Force.
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88. Chief Elections Officer
(1) The Chief Elections Officer (hereinafter in this section referred to as Officer) shall be appointed by the Governor General, acting after consultation with the Electoral Commission.
(2) If the office of the Officer is vacant or if the holder of that office is for any reason unable to exercise the functions of his or her office, the Governor General, acting after consultation with the Electoral Commission, may appoint a person to act as Officer.
(3) A person shall not be qualified to be appointed to hold the office of the Officer unless he or she holds such qualifications (if any) as may be prescribed by Parliament.
(4) A person appointed to act in the office of the Officer shall, subject to the provisions of subsections (5), (7) and (8), cease so to act—
(a) when a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he or she is acting resumes the functions of that office; or
(b) at such earlier time as may be prescribed by the terms of his or her appointment.
(5) Subject to the provisions of subsection (6), the Officer shall vacate his or her office when he or she attains the prescribed age.
(6) A person holding the office of the Officer 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.
(7) The Officer 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 for inability as aforesaid or for misbehaviour.
(8) If the Governor General, acting in his or her own deliberate judgment, considers that the question of removing the Officer 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 Officer ought to be removed under this section.
(9) If the question of removing the Officer has been referred to a tribunal under this section, the Governor General, acting in his or her own deliberate judgment, may suspend the Officer 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 as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the Governor General that the Officer should not be removed.
(10) The prescribed age for the purposes of subsection (5) is the age of 55 years or such other age as may be prescribed by Parliament:
Provided that any law enacted by Parliament, to the extent to which it alters the prescribed age after a person has been appointed to be or to act as Officer, shall not have effect in relation to that person unless he or she consents that it should have effect.
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89. Director of Public Prosecutions
(1) The Director of Public Prosecutions shall be appointed by the Governor General, acting in accordance with the advice of the Judicial and Legal Services Commission.
(2) If the office of Director of Public Prosecutions is vacant or if the holder of that office 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 Judicial and Legal Services Commission, may appoint a person to act as Director.
(3) Before tendering advice for the purposes of subsection (1) or (2) the Judicial and Legal Services Commission shall consult the Prime Minister.
(4) A person shall not be qualified to be appointed to hold the office of Director of Public Prosecutions 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.
(5) A person appointed to act in the office of Director of Public Prosecutions shall, subject to the provisions of subsections (6), (8), (9) and (10), cease so to act—
(a) when a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he or she is acting resumes the functions of that office; or
(b) at such earlier time as may be prescribed by the terms of his or her appointment.
(6) Subject to the provisions of subsection (7), the Director of Public Prosecutions shall vacate his or her office when he or she attains the prescribed age.
(7) A person holding the office of Director of Public Prosecutions 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.
(8) The Director of Public Prosecutions 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 (9) and the tribunal has recommended to the Governor General that he or she ought to be removed for inability as aforesaid or for misbehaviour.
(9) If the Prime Minister or the chairperson of the Judicial and Legal Services Commission represents to the Governor General that the question of removing the Director of Public Prosecutions 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 Director ought to be removed under this section.
(10) If the question of removing the Director of Public Prosecutions has been referred to a tribunal under this section, the Governor General, acting in accordance with the advice of the Judicial and Legal Services Commission, may suspend the Director 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 the Director should not be removed.
(11) The prescribed age for the purposes of subsection (6) is the age of 55 years or such other age as may be prescribed by Parliament:
Provided that any law enacted by Parliament, to the extent to which it alters the prescribed age after a person has been appointed to be or to act as Director of Public Prosecutions, shall not have effect in relation to that person unless he or she consents that it should have effect.
(12) The Judicial and Legal Services Commission shall consult the Prime Minister before it tenders any advice to the Governor General under this section in its application to the Attorney General by virtue of section 72(4).
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90. Director of Audit
(1) The Director of Audit shall be appointed by the Governor General acting in accordance with the advice of the Public Service Commission.:
(2) If the office of Director of Audit is vacant or if the holder of that office 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 Public Service Commission, may appoint a person to act as Director.
(3) Before tendering advice for the purposes of subsection (1) or (2), the Public Service Commission shall consult the Prime Minister.
(4) A person appointed to act in the office of Director of Audit shall, subject to the provisions of subsections (5), (7), (8) and (9), cease so to act—
(a) when a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he or she is acting resumes the functions of that office; or
(b) at such earlier time as may be prescribed by the terms of his or her appointment.
(5) Subject to the provisions of subsection (7) the Director of Audit shall vacate his or her office when he or she attains the prescribed age.
(6) A person holding the office of Director of Audit 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.
(7) The Director of Audit 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 for inability as aforesaid or for misbehaviour.
(8) If the Prime Minister or the chairperson of the Public Service Commission represents to the Governor General that the question of removing the Director of Audit under this section ought to be investigated—
(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 Director ought to be removed under this section.
(9) If the question of removing the Director of Audit has been referred to a tribunal under this section, the Governor General, acting in accordance with the advice of the Public Service Commission, may suspend the Director 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 the Director should not be removed.
(10) The prescribed age for the purposes of subsection (5) is the age of 55 or such other age as may be prescribed by Parliament:
Provided that any law enacted by Parliament, to the extent to which it alters the prescribed age after a person has been appointed to be or to act as Director of Audit, shall not have effect in relation to that person unless he or she consents that it should have effect.
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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.
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