The Governor-General

Articles 32 to 37

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Articles in this chapter

32.

In briefCreates the office of Governor-General, appointed by Her Majesty, serving for as long as Her Majesty wishes, as Her Majesty's representative in The Bahamas.

There shall be a Governor-General of The Bahamas who shall be appointed by Her Majesty and shall hold office during Her Majesty's pleasure and who shall be Her Majesty's representative in The Bahamas.

There must be a Governor-General of The Bahamas. Her Majesty appoints the Governor-General, who holds office for as long as Her Majesty wishes and is Her Majesty's representative in The Bahamas.

Establishment of office of Governor-GeneralThe office of Governor-General

33.

In briefSets out who carries out the Governor-General's duties when the office is vacant or the Governor-General is away or unable to act.

(1)

Whenever the office of Governor-General is vacant of the holder of the office is absent from The Bahamas or is for any other reason unable to perform the functions of his office, those functions shall be performed-

Whenever the office of Governor-General is vacant, or the Governor-General is away from The Bahamas or for any other reason cannot carry out the duties of the office, those duties must be carried out:

(a)

by any person for the time being designated by her Majesty in that behalf who is in The Bahamas and able to perform those functions; or

by any person Her Majesty has designated (named) for this purpose, as long as that person is in The Bahamas and able to carry out those duties; or

(b)

at any time when there is no person in The Bahamas so designated and able to perform those functions, by the holder of the office of Chief Justice; or

at any time when there is no designated person in The Bahamas able to carry out those duties, by the Chief Justice; or

(c)

at any time referred to in sub-paragraph (b) of this paragraph when the office of Chief Justice is vacant or the holder thereof is absent from The Bahamas or is for any other reason unable to perform those functions, by the President of the Senate.

at any time described in sub-paragraph (b) of this paragraph when the office of Chief Justice is vacant, or the Chief Justice is away from The Bahamas or for any other reason cannot carry out those duties, by the President of the Senate.

(2)

The holder of the office of Governor-General or any person designated under sub-paragraph (1)(a) of this Article or by sub-paragraph (1)(b) of this Article shall not, for the purposes of this Article, be regarded as absent from The Bahamas or as unable to perform the function of the office of Governor-General at any time when there is a subsisting appointment of a deputy under Article 34 of this Constitution.

For the purposes of this Article, the Governor-General, or any person designated under sub-paragraph (1)(a) of this Article or by sub-paragraph (1)(b) of this Article, is not treated as away from The Bahamas or unable to carry out the duties of the office of Governor-General at any time when a deputy appointed under Article 34 of this Constitution is in place.

Acting Governor-GeneralWho acts as Governor-General

34.

In briefLets the Governor-General, on the Prime Minister's advice, appoint a deputy to act for him during a short absence or illness.

(1)

Whenever the Governor-General-

Whenever the Governor-General:

(a)

has occasion to be absent from The Bahamas for a period which he has reason to believe will be of short duration; or

needs to be away from The Bahamas for a period that he has reason to believe will be short; or

(b)

is suffering from an illness that he has reason to believe will be of short duration, he may, acting in accordance with the advice of the Prime Minister, by instrument under the Public Seal, appoint any person in The Bahamas to be his deputy during such absence or illness and in that capacity to perform on his behalf such of the function of the office of Governor-General as may be specified in that instrument.

is suffering from an illness that he has reason to believe will be short, he may appoint any person in The Bahamas to be his deputy during that absence or illness. He does this on the advice of the Prime Minister, by a formal document under the Public Seal (the official seal of The Bahamas). In that role the deputy carries out, on the Governor-General's behalf, whichever duties of the office of Governor-General the document specifies.

(2)

The power and authority of the Governor-General shall nor be abridged, altered or in any way affected by the appointment of a deputy under this Article, and in the exercise of any function that is exercisable by the Governor-General acting in accordance with his own deliberate judgment or after consultation with any person or authority a deputy shall conform to and observe any instructions that the Governor-General, acting in like manner, may address to him;

Appointing a deputy under this Article does not reduce, change or in any way affect the Governor-General's power and authority. When a deputy carries out any duty that the Governor-General would carry out in his own deliberate judgment, or after consulting any person or authority, the deputy must follow and comply with any instructions that the Governor-General, acting in the same way, gives him;

Provided that the question whether or not a deputy has conformed to or observed any such instruction shall not be inquired into in any court.

But no court may examine the question of whether or not a deputy has followed or complied with any such instruction.

(3)

A person appointed as a deputy under this Article shall hold that appointment for such period as may be specified in the instrument by which he is appointed, and his appointment may be revoked at any time by the Governor- General acting in accordance with the advice of the Prime Minister.

A person appointed as a deputy under this Article holds that appointment for the period specified in the document appointing him. The Governor-General, acting on the advice of the Prime Minister, may cancel the appointment at any time.

Deputy to Governor-GeneralAppointing a deputy Governor-General

35.

In briefLets Parliament set up the Governor-General's personal staff and their pay, and gives the Governor-General control over appointing, removing and disciplining them.

(1)

Parliament may prescribe the offices that are to constitute the personal staff of the Governor-General, the salaries and allowances that are to be paid in respect of the expenditure attaching to the office of Governor-General.

Parliament may set out by law which offices make up the personal staff of the Governor-General, the salaries and allowances to be paid to the members of that staff, and the other sums to be paid for the expenses that come with the office of Governor-General.

(2)

Any salaries or other sums prescribed under paragraph (1) of this Article are hereby charged on and shall be paid out of the Consolidated Fund.

Any salaries or other sums set out under paragraph (1) of this Article are charged on the Consolidated Fund (the government's main public account) and must be paid out of it.

(3)

Subject to the provisions of paragraph (4) of this Article, power to make appointments to the offices for the time being prescribed under paragraph (1) of this Article as offices that are to constitute the personal staff of the Governor-General, and to remove and to exercise disciplinary control over persons holding or acting in any such office, is hereby vested in the Governor-General acting in accordance with his own deliberate judgment.

Subject to paragraph (4) of this Article, the Governor-General, acting in his own deliberate judgment, has the power to appoint people to the offices currently set out under paragraph (1) of this Article as the offices of his personal staff, to remove them, and to discipline anyone holding or acting in any such office.

(4)

The Governor-General, acting in accordance with his own deliberate judgment, may appoint to any of the offices prescribed under paragraph (1) of this Article such public officers as he may select from a list submitted by the Public Service Commission, but-

The Governor-General, acting in his own deliberate judgment, may appoint to any of the offices set out under paragraph (1) of this Article public officers he selects from a list submitted by the Public Service Commission, but:

(a)

the provisions of paragraph (3) of this Article shall apply in relation to an officer so appointed as respects his service on the personal staff of the Governor-General but not as respects his service as a public officer;

paragraph (3) of this Article applies to an officer appointed in this way as regards his service on the Governor-General's personal staff, but not as regards his service as a public officer;

(b)

an officer so appointed shall not during, continuance on the personal staff of the Governor-General, perform the functions of any public office; and

an officer appointed in this way cannot carry out the duties of any public office while he remains on the Governor-General's personal staff; and

(c)

an officer so appointed may at any time be appointed by the Governor-General, if the Public Service Commission so recommend, to assume or resume the function of a public office and he shall thereupon vacate his office on the personal staff of the Governor-General, but the Governor-General may, in his own deliberate judgment, decline to release the officer for that appointment.

if the Public Service Commission recommends it, the Governor-General may at any time appoint an officer appointed in this way to take up or return to the duties of a public office. The officer then leaves his office on the Governor-General's personal staff. But the Governor-General, in his own deliberate judgment, may refuse to release the officer for that appointment.

(5)

All offices prescribed under paragraph (1) of this Article as offices that are to constitute the personal staff of the Governor-General shall, for the purposes of Chapter VIII, be deemed to be public offices.

All offices set out under paragraph (1) of this Article as offices of the Governor-General's personal staff are treated as public offices for the purposes of Chapter VIII.

Personal staff of Governor-GeneralThe Governor-General's personal staff

36.

In briefMakes the Governor-General the keeper of the Public Seal, to be used on everything that must pass under it.

The Governor-General shall keep and use the Public Seal for sealing all things that shall pass the Public Seal.

The Governor-General must keep the Public Seal (the official seal of The Bahamas) and use it to seal everything that is required to pass under the Public Seal.

Public SealThe Public Seal

37.

In briefRequires anyone taking up the office of Governor-General, or acting in it, to swear the oath of allegiance and an oath of office first.

A person appointed to the office of Governor-General or assuming the functions of that office under Article 33 of this Constitution shall, before entering upon the duties of that office, take and subscribe the oath of allegiance and an oath for the due execution of the office of Governor-General in such form as is prescribed by any law in force in The Bahamas, such oaths being administered by the Chief Justice of such other Justice of the Supreme Court as may be designated by the Chief Justice.

A person appointed Governor-General, or taking over the duties of that office under Article 33 of this Constitution, must take and sign the oath of allegiance and an oath to carry out the office of Governor-General properly before starting the duties of the office. The oaths are in the form set by any law in force in The Bahamas, and are administered by the Chief Justice or by another Justice of the Supreme Court chosen by the Chief Justice.