Constitution of The Bahamas

ContentsChapter VI. The Executive

Article 82. Leader of the OppositionThe Leader of the Opposition

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82.

In briefCreates the office of Leader of the Opposition, sets out how the Governor-General chooses the holder, and says when the holder leaves office.

(1)

There shall be a Leader of the Opposition who shall be appointed by the Governor-General.

There must be a Leader of the Opposition, appointed by the Governor-General.

(2)

Whenever there shall be occasion for the appointment of a Leader of the Opposition, the Governor-General shall appoint the member of the House of Assembly who, in his judgment, is best able to command the support of the majority of the members of the House in opposition of the Government; or if there is no such persons, the member of the House who, in his judgment, commands the support of that largest single group of members in opposition to the Government who are prepared to support one leader:

Whenever a Leader of the Opposition needs to be appointed, the Governor-General must appoint the member of the House of Assembly who, in his judgment, is best able to command the support of the majority of the members of the House who oppose the Government. If there is no such person, he must appoint the member of the House who, in his judgment, has the support of the largest single group of members opposing the Government who are prepared to support one leader:

Provided that this paragraph shall have effect in relation to any period between a dissolution of Parliament and the day on which the next election of members the House of Assembly is held as if Parliament had not been dissolved.

But during any period between a dissolution of Parliament and the day of the next election of members of the House of Assembly, this paragraph applies as if Parliament had not been dissolved.

(3)

The Leader of the Opposition shall vacate his office if-

The Leader of the Opposition must leave office if:

(a)

after an election of members of the House of Assembly following any dissolution of Parliament he is informed by the Governor-General that the Governor-General is about to appoint another person as Leader of the Opposition;

after an election of members of the House of Assembly following a dissolution of Parliament, the Governor-General informs him that the Governor-General is about to appoint another person as Leader of the Opposition;

(b)

for any reason other than a dissolution of Parliament he ceases to be a member of the House of Assembly;

he stops being a member of the House of Assembly for any reason other than a dissolution of Parliament;

(c)

under the provisions of paragraphs (2), (3) and (4) of Article 49 of this Constitution he is required to cease to perform his functions as a member of the House of Assembly; or

he is required under paragraphs (2), (3) and (4) of Article 49 of this Constitution to stop carrying out his duties as a member of the House of Assembly; or

(d)

his appointment is revoked under the provisions of paragraph (4) of this Article.

his appointment is cancelled under paragraph (4) of this Article.

(4)

If in the judgment of the Governor-General the Leader of the Opposition is no longer the member of the House of Assembly best able to command the support of the majority of members of the House in opposition to the Government or the member of the House who commands the support of the largest single group of members in opposition to the Government who are prepared to support one leader, the Governor-General shall revoke the appointment of the Leader of the Opposition.

If, in the Governor-General's judgment, the Leader of the Opposition is no longer the member of the House of Assembly best able to command the support of the majority of the members of the House who oppose the Government, or the member of the House who has the support of the largest single group of members opposing the Government who are prepared to support one leader, the Governor-General must cancel the appointment of the Leader of the Opposition.

(5)

Paragraph (4) of this Article shall not have effect while parliament is dissolved.

Paragraph (4) of this Article does not apply while Parliament is dissolved.

Leader of the OppositionThe Leader of the Opposition

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