Constitution of The BahamasIn briefCreates the Auditor-General, who independently audits public accounts and reports to the House of Assembly, and sets how the Auditor-General can be removed.
There shall be an Auditor-General whose office shall be a public office.
There must be an Auditor-General, whose office is a public office.
The Auditor-General shall be appointed by the Governor-General, by instrument under the Public Seal, acting on the recommendation of the Public Service Commission made after the Commission has consulted the Prime Minister.
The Governor-General appoints the Auditor-General by instrument (a formal written document) under the Public Seal, acting on the recommendation of the Public Service Commission made after the Commission has consulted the Prime Minister.
The accounts of the Supreme Court, the Senate, the House of Assembly, all departments and offices of the Government (but excluding the Department of the Auditor-General), the Public Service Commission, the Judicial and Legal Service Commission, the Police Service Commission and all Magistrates' Courts shall, at least once in every year, be audited and reported on by the Auditor-General who, with his subordinate staff, shall at all times be entitled to have access to all books, records, returns and reports relating to such accounts.
At least once every year the Auditor-General must audit and report on the accounts of the Supreme Court, the Senate, the House of Assembly, all departments and offices of the Government (except the Department of the Auditor-General), the Public Service Commission, the Judicial and Legal Service Commission, the Police Service Commission and all Magistrates' Courts. The Auditor-General and their staff are entitled at all times to have access to all books, records, returns and reports relating to those accounts.
The Auditor-General shall submit his reports made under paragraph (3) of this Article without undue delay to the Speaker (or, if the office of Speaker is vacant or the Speaker is for any reason unable to perform the functions of his office, to the Deputy Speaker) who shall cause them to be laid before the House of Assembly without undue delay.
The Auditor-General must submit the reports made under paragraph (3) of this Article without undue delay to the Speaker (or, if the office of Speaker is vacant or the Speaker is for any reason unable to do the job, to the Deputy Speaker), who must have them laid before the House of Assembly without undue delay.
In the exercise of this functions under the provisions of paragraphs (3) and(4) of this Article, the Auditor-general shall not be subject to the direction or control of any other person or authority.
In carrying out the functions in paragraphs (3) and (4) of this Article, the Auditor-General is not subject to the direction or control of any other person or authority.
The accounts of the department of the Auditor-General shall be audited and reported on by the Minister of Finance and the provisions of paragraphs (3) and (4) of this Article shall apply in relation to the exercise by that Minister of those function as they apply in relation to audits and reports made by the Auditor- General.
The accounts of the Department of the Auditor-General are audited and reported on by the Minister of Finance. Paragraphs (3) and (4) of this Article apply to the Minister carrying out those functions in the same way as they apply to audits and reports by the Auditor-General.
Nothing in this Article shall prevent the performance by the Auditor-General of-
Nothing in this Article prevents the Auditor-General from carrying out:
such other functions in relation to the accounts of the Government and that accounts of other public authorities and other bodies administering public funds in The Bahamas as may be prescribed by or under any law for the time being in force in The Bahamas; or
any other functions relating to the accounts of the Government and the accounts of other public authorities and other bodies that manage public funds in The Bahamas, as set by or under any law in force in The Bahamas at the time; or
such other functions in relation to the supervision and control of expenditure form public funds in The Bahamas as may be so prescribed.
any other functions relating to the supervision and control of spending from public funds in The Bahamas, as set by such a law.
The Auditor-General may be removed from office only for inability to discharge the functions thereof (whether arising form infirmity of mind or body or any other cause) or for misbehavior, and shall not be so removed except in accordance with the provisions of paragraph (9) of this Article.
The Auditor-General can be removed from office only for inability to do the job (whether because of mental or physical infirmity or any other cause) or for misbehaviour, and only by following the procedure in paragraph (9) of this Article.
The Auditor-General shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under paragraph (10) of this Article and the tribunal has recommended to the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehavior.
The Governor-General must remove the Auditor-General from office if the question of removal has been referred to a tribunal appointed under paragraph (10) of this Article and the tribunal has recommended to the Governor-General that the Auditor-General ought to be removed from office for inability as described above or for misbehaviour.
If the Prime Minister represents to the Governor- General that the question of removing the Auditor-General from office for inability as aforesaid or for misbehavior ought to be investigated, then-
If the Prime Minister tells the Governor-General that the question of removing the Auditor-General from office for inability as described above or for misbehaviour ought to be investigated, then:
the Governor-General shall appoint a tribunal, which shall consist of a chairman and not less than two other members, selected by the Governor-General, acting in accordance with the advice of the Judicial and Legal Service Commission, from among persons who hold or have held or are eligible to hold high judicial office; and
the Governor-General must appoint a tribunal made up of a chairman and at least two other members, chosen by the Governor-General acting on the advice of the Judicial and Legal Service Commission from among people who hold, have held or are eligible to hold high judicial office; and
the tribunal shall inquire into the matter and report on the facts thereof to the Governor-General and recommend to the Governor-General whether the Auditor-General ought to be removed from office for inability as aforesaid or for misbehavior.
the tribunal must look into the matter, report the facts to the Governor-General and recommend whether the Auditor-General ought to be removed from office for inability as described above or for misbehaviour.
If the question of removing the Auditor-general form office has been referred to a tribunal under paragraph (9) of this Article, the Governor-General, acting in accordance with the advice of the Public Service Commission, may suspend the Auditor-general from performing the functions of this office and any such suspension may at any time be revoked by the Governor-General, and shall in any case cease to have effect if the tribunal recommends to the Governor-General that the Auditor-General should not be removed from office.
If the question of removing the Auditor-General from office has been referred to a tribunal under paragraph (9) of this Article, the Governor-General, acting on the advice of the Public Service Commission, may suspend the Auditor-General from performing the duties of the office. The Governor-General may lift the suspension at any time, and in any case it ends if the tribunal recommends to the Governor-General that the Auditor-General should not be removed from office.