Constitution of The BahamasIn briefLists the events that end a Member of Parliament's seat, including dissolution, resignation, absence, loss of citizenship, disqualification or a government contract, with rules for appeals.
Every member of the House of Assembly shall vacate his seat in the House-
Every member of the House of Assembly loses their seat in the House:
upon a dissolution of Parliament;
on a dissolution of Parliament (the end of the life of a Parliament, so that a general election follows);
if he resigns it by writing under his hand addressed to the Speaker or, if the office of Speaker is vacant or the Speaker is absent from The Bahamas, to the Deputy Speaker;
if the member resigns it by a signed letter addressed to the Speaker or, if the office of Speaker is vacant or the Speaker is away from The Bahamas, to the Deputy Speaker;
if he is absent from the sitting of the House for such period and in such circumstances as may be prescribed in the rules of procedure of the House;
if the member is absent from the sittings of the House for the period, and in the circumstances, set out in the House's rules of procedure;
if he ceases to be a citizen of The Bahamas;
if the member stops being a citizen of The Bahamas;
subject to the provisions of paragraph (2) of this Article, if any circumstances arise that, if he were not a member of the House, would cause him to be disqualified for election as such by virtue of sub-paragraph (a), (b), (c), (d), (e), (f), (g), or (h) of Article 48(1) of this Constitution; or
subject to paragraph (2) of this Article, if any circumstances arise that would disqualify the member from being elected under sub-paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of Article 48(1) of this Constitution if the person were not already a member of the House; or
if he becomes interested in any government contract:
if the member acquires an interest in a government contract:
Provided that-
But:
if in the circumstances it appears to the House or Assembly may exempt any member of the House from vacating his seat under the provisions of this sub-paragraph, if that member, before becoming interested in such contract as aforesaid or as soon as practicable after becoming so interested, discloses to the House the nature of such contract and his interest therein;
if the House of Assembly thinks it just in the circumstances, it may excuse a member of the House from losing their seat under this sub-paragraph, provided that the member discloses to the House 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 51 of his Constitution to determine whether a member of the House 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 51 of this Constitution to decide whether a member of the House has lost their seat under this sub-paragraph, the court must declare that the member has not lost the seat if the member 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.
If circumstances such as are referred to in sub-paragraph (1)(e) of this Article arise because any member of the House is under sentence of death or imprisonment, declared bankrupt, adjudged to be of unsound mind or convicted of a offence relating to election and it is open to the member to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his function as a member of the House but, subject to paragraph (3) 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)(e) of this Article arise because a member of the House is under sentence of death or imprisonment, has been declared bankrupt, has been adjudged to be of unsound mind, or has been convicted of an offence relating to elections, and the member can still appeal against the decision (either with the leave of a court or other authority, or without such leave). The member must immediately stop performing their functions as a member of the House but, subject to paragraph (3) of this Article, does not lose the seat until thirty days have passed:
Provided that the Speaker may, at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred any fifty days shall not be given without the approval, signified by resolution, of the House of Assembly.
But the Speaker may, at the member's request, extend that period by further periods of thirty days at a time so that the member 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 House of Assembly, signified by resolution (a formal vote).
If, on the determination any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or of any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat.
If, when an appeal is decided, those circumstances still exist and the member has no further right of appeal, or if the member 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 member must give up the seat immediately.
If at any time before the ember 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 82) of this Article and he may resume the performance of his function as a member of the House.
If those circumstances stop existing at any time before the member gives up the seat, the seat does not become vacant at the end of the period referred to in paragraph (2) of this Article, and the member may resume their functions as a member of the House.