Constitution of The BahamasIn briefLists the events that end a Senator's membership, including dissolution, resignation, long absence, loss of citizenship, disqualification or a government contract, with rules for appeals.
The seat of a Senator shall became vacant-
A Senator's seat becomes vacant:
upon the next dissolution of Parliament after he has been appointed;
on the next dissolution of Parliament (the end of the life of a Parliament, so that a general election follows) after the Senator was appointed;
if he resigns by writing under his hand addressed to the President of the Senate, or if the office of President is vacant or the President is absent from The Bahamas, to the Vice-President;
if the Senator resigns by a signed letter addressed to the President of the Senate or, if the office of President is vacant or the President is away from The Bahamas, to the Vice-President;
if, with his consent, he is nominated as a candidate for election to the House of Assembly;
if, with their consent, the Senator is nominated as a candidate for election to the House of Assembly;
if he is absent from The Bahamas for a period exceeding forty days at any time when the Senate is sitting, without the leave of the President given in accordance with the provisions of paragraph (2) of this Article;
if the Senator is away from The Bahamas for more than forty days at any time while the Senate is sitting, without the leave (permission) of the President given under paragraph (2) of this Article;
if he ceases to be a citizen of The Bahamas;
if the Senator stops being a citizen of The Bahamas;
subject to the provisions of paragraph (3) of this Article, if any circumstances arise that, if he were not a Senator, would cause him to be disqualified for appointment as such by virtue of sub-paragraph (a), (b), (c), (e), (f), (g) or (h) of Article 42(1) of this Constitution or of any law enacted in pursuance of Article 42(2) of this Constitution;
subject to paragraph (3) of this Article, if any circumstances arise that would disqualify the Senator from being appointed under sub-paragraph (a), (b), (c), (e), (f), (g) or (h) of Article 42(1) of this Constitution, or under a law made under Article 42(2) of this Constitution, if the person were not already a Senator;
in the case of a Senator who was appointed as such in accordance with the advice of the Prime Minister or in accordance with the advice of the Leader of the Opposition or on the advice of the Prime Minister after consultation with the Leader of the Opposition, if the Governor-General, acting in accordance with the advice of the Prime Minister or in accordance with the advice of the Leader of the Opposition or on the advice of the Prime Minister after consultation with the Leader of the Opposition, as the case may be, by instrument under the Public Seal, declares the seat of that Senator to be vacant; or
for a Senator appointed on the advice of the Prime Minister, on the advice of the Leader of the Opposition, or on the advice of the Prime Minister after consulting the Leader of the Opposition, if the Governor-General declares the seat vacant by an instrument (a formal written document) under the Public Seal, acting on the advice of the Prime Minister, on the advice of the Leader of the Opposition, or on the advice of the Prime Minister after consulting the Leader of the Opposition, whichever applies to that Senator's appointment; or
if he becomes interested in any government contract:
if the Senator acquires an interest in a government contract:
Provided that-
But:
if in the circumstances it appears to the Senate to be just so to do, the Senate may exempt any Senator from vacating his seat under the provisions of this sub-paragraph, if that Senator, before becoming interested in such contract as aforesaid or as soon as practicable after becoming so interested, discloses to the Senate the nature of such contract and his interest therein;
if the Senate thinks it just in the circumstances, it may excuse a Senator from losing their seat under this sub-paragraph, provided that the Senator discloses to the Senate the nature of the contract and their interest in it, either before acquiring the interest or as soon as practicable afterwards;
if proceedings are taken under a law made under Article 45 of this Constitution to determine whether a Senator has vacated his seat under the provisions of this sub-paragraph he shall be declared by the court not to have vacated his seat if he establishes to the satisfaction of the court that he, acting reasonably, was not aware that he was or had become interested in such contract; and
if proceedings are brought under a law made under Article 45 of this Constitution to decide whether a Senator has lost their seat under this sub-paragraph, the court must declare that the Senator has not lost the seat if the Senator satisfies the court that, acting reasonably, they did not know that they had or had acquired an interest in the contract; and
no proceedings under the preceding sub-paragraph shall be instituted by any person other than a Senator or Member of the House of Assembly.
no one other than a Senator or a Member of the House of Assembly may bring proceedings under the preceding sub-paragraph.
The President of the Senate may grant leave to any Senator to be absent from The Bahamas for any period not exceeding six months at any one time.
The President of the Senate may give a Senator leave to be away from The Bahamas for up to six months at any one time.
If the circumstances such as are referred to in sub-paragraph (1)(f) of this Article arise because a Senator is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of a corrupt or illegal practice at elections and if it is open to the Senator to appeal against the decision (either with the leave of a court of other authority or without such leave), he shall forthwith cease to perform his functions as a senator but, subject to paragraph (4) of this Article, he shall not vacate his seat until the expiration of a period of thirty days thereafter:
Suppose circumstances of the kind described in sub-paragraph (1)(f) of this Article arise because a Senator is under sentence of death or imprisonment, has been adjudged to be of unsound mind, has been declared bankrupt, or has been convicted or reported guilty of a corrupt or illegal practice at elections, and the Senator can still appeal against the decision (either with the leave of a court or other authority, or without such leave). The Senator must immediately stop performing their functions as a Senator but, subject to paragraph (4) of this Article, does not lose the seat until thirty days have passed:
Provided that the President of the Senate may, at the request of the said Senator, from time to time extend that period for further periods of thirty days to enable the Senator to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval signified by resolution, of the Senate.
But the President of the Senate may, at the Senator's request, extend that period by further periods of thirty days at a time so that the Senator can pursue an appeal against the decision. Extensions adding up to more than one hundred and fifty days in total cannot be given without the approval of the Senate, signified by resolution (a formal vote).
If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the Senator, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal of for any other reason, it ceases to be open to the Senator to appeal, he shall forthwith vacate his seat.
If, when an appeal is decided, those circumstances still exist and the Senator has no further right of appeal, or if the Senator can no longer appeal because the time for lodging an appeal or notice of appeal has run out, leave to appeal has been refused, or for any other reason, the Senator must give up the seat immediately.
If at any time before the Senator vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (3) of this Article and he may resume the performance of his functions as a Senator.
If those circumstances stop existing at any time before the Senator gives up the seat, the seat does not become vacant at the end of the period referred to in paragraph (3) of this Article, and the Senator may resume their functions as a Senator.