The Executive

Articles 71 to 92

Official text. Hover or tap any paragraph for its plain-English version.Plain-language edition, an unofficial restatement. Hover or tap any paragraph for the official wording, which alone has legal effect.

Articles in this chapter

71.

In briefPlaces the executive authority of The Bahamas in Her Majesty, to be exercised on her behalf by the Governor-General or officers under him.

(1)

The executive authority of The Bahamas is vested in Her Majesty.

The executive authority (the power to run the government and carry out the law) of The Bahamas belongs to Her Majesty.

(2)

Subject to the provisions of this Constitution, the executive authority of The Bahamas may be exercised on behalf of Her Majesty by the Governor-General, either directly or through officers subordinate to him.

Subject to this Constitution, the Governor-General may exercise the executive authority of The Bahamas on Her Majesty's behalf, either directly or through officers under him.

(3)

Nothing in this Article shall prevent Parliament from conferring functions on persons or authorities other than the Governor-General.

Nothing in this Article stops Parliament from giving functions to persons or authorities other than the Governor-General.

Executive authorityWho holds executive power

72.

In briefCreates the Cabinet, which directs and controls the government, answers collectively to Parliament, and consists of the Prime Minister and at least eight other Ministers.

(1)

There shall be a Cabinet for The Bahamas which shall have the general direction and control of the government of The Bahamas and shall be collectively responsible thereof to Parliament.

There must be a Cabinet for The Bahamas. The Cabinet has the general direction and control of the government of The Bahamas, and is collectively responsible for it to Parliament.

(2)

The Cabinet shall consist of the Prime Minister and not less than eight other Ministers (of whom one shall be the Attorney-General), as may be appointed in accordance with the provisions of Article 73 of this Constitution.

The Cabinet consists of the Prime Minister and at least eight other Ministers (one of whom must be the Attorney-General), appointed under Article 73 of this Constitution.

The CabinetThe Cabinet

73.

In briefSets out how the Governor-General chooses the Prime Minister and, on the Prime Minister's advice, the other Ministers, including limits on Ministers from the Senate.

(1)

Whenever there shall be occasion for the appointment of a Prime Minister, the Governor-General shall appoint as Prime Minister-

Whenever a Prime Minister needs to be appointed, the Governor-General must appoint as Prime Minister:

(a)

the member of the House of Assembly who is the leader of the Party which commands the support of the majority of the members of that House, or

the member of the House of Assembly who leads the party that has the support of the majority of the members of that House; or

(b)

if it appears to him that party does not have an undisputed leader in that House or that no party commands the support of such a majority, the member of the House of Assembly who, in his judgment, is most likely to command the support of the majority of members of that House, and who is willing to accept the office of Prime Minister.

if it appears to the Governor-General that the party has no undisputed leader in that House, or that no party has the support of such a majority, the member of the House of Assembly who, in his judgment, is most likely to have the support of the majority of the members of that House and who is willing to accept the office of Prime Minister.

(2)

Subject to the provisions of paragraph (3) of this Article, the Ministers other than the Prime Minister shall be such persons as the Governor-General, acting in accordance with the advice of the Prime Minister, shall appoint from among the Senators and the members of the House of Assembly.

Subject to paragraph (3) of this Article, the Ministers other than the Prime Minister are the persons the Governor-General appoints, on the advice of the Prime Minister, from among the Senators and the members of the House of Assembly.

(3)

If the Attorney-General is appointed from among the members of the House of Assembly, not more than three Ministers shall be appointed from among the Senators, and if the Attorney-General is appointed from among the Senators, not more than two other Ministers shall be appointed from among the Senators.

If the Attorney-General is appointed from among the members of the House of Assembly, no more than three Ministers may be appointed from among the Senators. If the Attorney-General is appointed from among the Senators, no more than two other Ministers may be appointed from among the Senators.

(4)

If occasion arises for making an appointment to the office of Prime Minister while Parliament is dissolved, a person who was a member of the House of Assembly immediately before the dissolution may, notwithstanding any other provision of this Article, be appointed as Prime Minister.

If a Prime Minister needs to be appointed while Parliament is dissolved, a person who was a member of the House of Assembly immediately before the dissolution may be appointed Prime Minister, despite anything else in this Article.

(5)

If occasion arises for making an appointment to the office of any other Minister while Parliament is dissolved, a person who, immediately before the dissolution, was a Senator or a member of the House of Assembly may, subject to the provisions of paragraph (3) of this Article, be appointed as a Minister.

If any other Minister needs to be appointed while Parliament is dissolved, a person who was a Senator or a member of the House of Assembly immediately before the dissolution may be appointed as a Minister, subject to paragraph (3) of this Article.

Appointment of MinistersAppointing the Prime Minister and Ministers

74.

In briefSets out when the Prime Minister and other Ministers must leave office, including after a vote of no confidence, and when they must stop acting.

(1)

If the House of Assembly passes a resolution, supported by the votes of a majority of all the members of the House, declaring that it has no confidence in the Prime Minister and the Prime Minister does not within seven days of the passing of such a resolution either resign or advise the Governor-General to dissolve Parliament, the Governor-General shall revoke the appointment of the Prime Minister.

If the House of Assembly passes a resolution, supported by the votes of a majority of all its members, declaring that it has no confidence in the Prime Minister, and within seven days of that resolution the Prime Minister neither resigns nor advises the Governor-General to dissolve Parliament, the Governor-General must remove the Prime Minister from office.

(2)

The Prime Minister shall also vacate his office-

The Prime Minister must also leave office:

(a)

if at any time between the holding of a general election and the first sitting of the House of Assembly thereafter he is informed by the Governor-General that the Governor-General in pursuance of Article 73(1) of this Constitution is about to re-appoint him as Prime Minister or to appoint another person as Prime Minister; or

if, at any time between a general election and the first sitting of the House of Assembly after it, the Governor-General informs him that the Governor-General is about to re-appoint him as Prime Minister, or to appoint another person as Prime Minister, under Article 73(1) of this Constitution; or

(b)

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

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

(3)

A Minister other than the Prime Minister shall vacate his office-

A Minister other than the Prime Minister must leave office:

(a)

when any person is appointed or re-appointed as Prime Minister;

(b)

if for any reason other than a dissolution of Parliament he cases to be a member of the House from among the members of which he was appointed; or

if, for any reason other than a dissolution of Parliament, he stops being a member of the House from which he was appointed; or

(c)

if his appointment is revoked by the Governor-General acting in accordance with the advice of the Prime Minister.

if the Governor-General, acting on the advice of the Prime Minister, cancels his appointment.

(4)

If at any time the Prime Minister is required under the provisions of paragraphs (2), (3) and (4) of Articles 49 of this Constitution to cease to perform his function as a member of the House of Assembly, he shall cease during such time to perform any of his functions as Prime Minister.

If at any time the Prime Minister 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, he must also stop carrying out all his duties as Prime Minister for that time.

(5)

If at any time a Minister other than the Prime Minister is required under the provisions of paragraphs (3), (4) and (5) of Article 43 or paragraphs (2), (3) and (4) of Article 49 of this Constitution to cease to perform his functions as a member of the House to which he belongs, he shall cease during such time to perform any of his functions as a Minister.

If at any time a Minister other than the Prime Minister is required under paragraphs (3), (4) and (5) of Article 43 or paragraphs (2), (3) and (4) of Article 49 of this Constitution to stop carrying out his duties as a member of the House he belongs to, he must also stop carrying out all his duties as a Minister for that time.

Tenure of office of MinistersWhen Ministers leave office

75.

In briefLets the Governor-General authorise another Cabinet member to act for the Prime Minister when he is away, ill or suspended.

(1)

Whenever the Prime Minister is absent from The Bahamas or is unable by reason of illness or of the provisions of paragraph (4) or Article 74 of this Constitution to perform the functions conferred upon him by this Constitution, the Governor-General may authorize some other member of the Cabinet to perform those functions (other than the function conferred by this Article) and that member may perform those functions until his authority is revoked by the Governor-General.

Whenever the Prime Minister is away from The Bahamas, or cannot carry out the duties this Constitution gives him because of illness or because of paragraph (4) of Article 74 of this Constitution, the Governor-General may authorise another member of the Cabinet to carry out those duties (other than the duty given by this Article). That member may carry out those duties until the Governor-General withdraws the authority.

(2)

The powers of the Governor-General under this Article shall be exercised by him in accordance with the advice of the Prime Minister:

The Governor-General must exercise his powers under this Article on the advice of the Prime Minister:

Provided that if the Governor-General considers that it is impracticable to obtain the advice of the Prime Minister owing to his absence or illness, or if the Prime Minister is unable to tender advice by reason of the provisions of paragraph (4) of Article 74 of this Constitution, the Governor-General may exercise those powers without the advice of the Prime Minister.

But if the Governor-General considers that it is impracticable to get the Prime Minister's advice because the Prime Minister is away or ill, or if the Prime Minister cannot give advice because of paragraph (4) of Article 74 of this Constitution, the Governor-General may exercise those powers without the Prime Minister's advice.

Performance of functions of Prime Minister during absence, illness or suspensionStanding in for the Prime Minister

76.

In briefLets the Governor-General, on the Prime Minister's advice, cover for a Minister who is ill, away or on leave by authorising another Minister or appointing a temporary one.

(1)

Whenever a Minister other than the Prime Minister is unable, by reason of his illness or absence from The Bahamas or absence from his duties on leave, to perform the functions of his office, the Governor-General may, in writing, authorize another Minister to perform those functions or appoint a person to be a temporary Minister:

Whenever a Minister other than the Prime Minister cannot carry out the duties of his office because he is ill, away from The Bahamas or absent from his duties on leave, the Governor-General may, in writing, authorise another Minister to carry out those duties or appoint a person to be a temporary Minister:

Provided that if occasion arises for the making of an appointment between a dissolution of Parliament and the next following general election, the preceding provisions of this Article shall have effect for the purpose as if Parliament had not been dissolved.

But if an appointment needs to be made between a dissolution of Parliament and the next general election, the earlier provisions of this Article apply for that purpose as if Parliament had not been dissolved.

(2)

Subject to the provisions of Article 74 of this Constitution, a temporary Minister shall hold office until he is notified by the Governor-General in writing that the Minister on account of whose inability to perform the function of his office he was appointed is again able to perform those functions of that Minister vacates his office.

Subject to Article 74 of this Constitution, a temporary Minister holds office until the Governor-General notifies him in writing that the Minister whose inability to act led to his appointment is again able to carry out those duties, or until that Minister leaves office.

(3)

The Power conferred on the Governor-General by this Article shall be exercised by him in accordance with the advice of the Prime Minister.

The Governor-General must exercise the power this Article gives him on the advice of the Prime Minister.

Temporary MinistersTemporary Ministers

77.

In briefLets the Governor-General, on the Prime Minister's advice, assign government business and departments to Ministers, with finance going to a House of Assembly member.

The Governor-General, acting in accordance with the advice of the Prime Minister, may, by directions in writing, charge the Prime Minister or any other Minister wit responsibility for any business of the Government of The Bahamas, including the administration of any department of Government:

The Governor-General, acting on the advice of the Prime Minister, may by written directions give the Prime Minister or any other Minister responsibility for any business of the Government of The Bahamas, including running any Government department:

Provided that a Minister appointed from among members of the House of Assembly shall be charged with responsibility for finance.

But responsibility for finance must be given to a Minister appointed from among the members of the House of Assembly.

Allocation of portfolios to MinistersGiving Ministers their responsibilities

78.

In briefGives the Attorney-General independent power to start, take over and stop criminal prosecutions, free from direction by anyone else.

(1)

The Attorney-General shall have power in any case in which he considers it desirable so to do-

In any case where the Attorney-General considers it desirable, he has the power:

(a)

to institute and undertake criminal proceedings against any person before any court in respect of any offence against the law of The Bahamas;

to start and carry on criminal proceedings against any person in any court for any offence against the law of The Bahamas;

(b)

to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and

to take over and continue any such criminal proceedings that any other person or authority has started; and

(c)

to discontinue, at any stage before judgment is delivered, any such criminal proceedings instituted or undertaken by himself or any other person or authority.

to stop, at any stage before judgment is given, any such criminal proceedings started or taken over by himself or by any other person or authority.

(2)

The powers conferred upon the Attorney-General under paragraph (1) of this Article may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions.

The Attorney-General may exercise the powers given to him under paragraph (1) of this Article in person or through other persons acting under his general or specific instructions.

(3)

The powers conferred upon the Attorney-General by sub-paragraphs (1)

The powers given to the Attorney-General by sub-paragraphs (1)

(b)

and (c) of this Article shall be vested in him to the exclusion of any other person or authority:

and (c) of this Article belong to him alone and to no other person or authority:

Provided that, where any other person or authority has instituted criminal proceedings, nothing in this Article shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been charged before the court.

But where any other person or authority has started criminal proceedings, nothing in this Article stops that person or authority from withdrawing those proceedings, or having them withdrawn, at any stage before the accused person has been charged before the court.

(4)

In the exercise of powers conferred upon him by this Article the Attorney-General shall not be subject to the direction or control of any other person or authority.

When exercising the powers this Article gives him, the Attorney-General is not subject to the direction or control of any other person or authority.

(5)

For the purposes of this Article, any appeal from any determination in any criminal proceedings before any court or any case stated or question of law reserved for the purpose of any such proceedings to any other court shall be deemed to be part of those proceedings.

For the purposes of this Article, any appeal from a decision in criminal proceedings in any court, and any case stated or question of law reserved (a point of law sent from those proceedings to another court for a ruling), is treated as part of those proceedings.

Functions of Attorney-GeneralThe Attorney-General's control of prosecutions

79.

In briefRequires the Governor-General to act on Cabinet advice, lists when he acts on his own judgment, and sets rules for acting on recommendations and consultation.

(1)

The Governor-General shall, in the exercise of his functions, act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet, except in cases where by this Constitution or any other law he is required to act in accordance with the recommendation or advice of, of with the concurrence of, or after consultation with, any person or authority other than the Cabinet:

When carrying out his functions, the Governor-General must act on the advice of the Cabinet, or of a Minister acting under the general authority of the Cabinet, except where this Constitution or any other law requires him to act on the recommendation or advice of, with the agreement of, or after consulting, a person or authority other than the Cabinet:

Provided that the Governor-General shall act in accordance with his own deliberate judgment in the performance of the following functions-

But the Governor-General must act in his own deliberate judgment when carrying out the following functions:

(a)

in the exercise of the power to appoint the Prime Minister conferred upon him by paragraphs (1) or (4) of Article 73 of this Constitution;

exercising the power to appoint the Prime Minister given to him by paragraphs (1) or (4) of Article 73 of this Constitution;

(b)

in the exercise of the powers conferred upon him by Article 75 of This Constitution (which relates to the performance of the functions of the Prime Minister during absence, illness or suspension) in the circumstances described in the proviso to paragraph (2) of that Article;

exercising the powers given to him by Article 75 of this Constitution (which deals with carrying out the Prime Minister's functions during absence, illness or suspension) in the circumstances described in the proviso to paragraph (2) of that Article;

(c)

in the exercise of the power to appoint the Leader of the Opposition and to revoke any such appointment conferred upon him by Article 82 of this Constitution;

exercising the power to appoint the Leader of the Opposition, and to cancel any such appointment, given to him by Article 82 of this Constitution;

(d)

in the exercise of the power conferred on him by Article 83(a) of this Constitution during any vacancy in the office of Leader of the Opposition;

exercising the power given to him by Article 83(a) of this Constitution during any vacancy in the office of Leader of the Opposition;

(e)

in the exercise of the power to dissolve Parliament conferred upon him by the proviso to Article 66(2) of this Constitution;

exercising the power to dissolve Parliament given to him by the proviso to Article 66(2) of this Constitution;

(f)

in removing a Justice of the Supreme Court from office under Article 96(5) of this Constitution;

removing a Justice of the Supreme Court from office under Article 96(5) of this Constitution;

(g)

in removing a Justice of Appeal from office under Article 102(5) of this Constitution;

removing a Justice of Appeal from office under Article 102(5) of this Constitution;

(h)

in the powers relating to appointment, removal and disciplinary control over members of his personal staff, conferred on him by Article 35 of this Constitution.

exercising the powers to appoint, remove and discipline members of his personal staff given to him by Article 35 of this Constitution.

(2)

Where the Governor-General is directed to exercise any function on the recommendation of any person or authority, he shall exercise that function in accordance with such recommendation:

Where the Governor-General is directed to carry out a function on the recommendation of any person or authority, he must carry out that function in line with that recommendation:

Provided that-

But:

(a)

before he acts in accordance therewith, he may, acting in accordance with his own deliberate judgment, once refer that recommendation back for reconsideration by the person or authority concerned; and

before acting on it, he may, in his own deliberate judgment, refer the recommendation back once to the person or authority concerned for reconsideration; and

(b)

if that person or authority, having reconsidered the original recommendation under sub-paragraph (a) of this proviso, substitutes thereof a different recommendation, the provisions of this paragraph shall apply to that different recommendation as they apply to the original recommendation.

if that person or authority, having reconsidered the original recommendation under sub-paragraph (a) of this proviso, replaces it with a different recommendation, this paragraph applies to the different recommendation in the same way as it applied to the original one.

(3)

Where the Governor-General is directed to exercise any function after consultation with any person or authority he shall not be obliged to exercise that function in accordance with the advice or recommendation of that person or authority.

Where the Governor-General is directed to carry out a function after consulting any person or authority, he is not obliged to follow that person's or authority's advice or recommendation.

(4)

Where the Governor-General is directed to exercise any function on the recommendation or advice of, or with the concurrence of, or after consultation with, any person or authority, the question whether he has so exercised that function shall not be inquired into in any court.

Where the Governor-General is directed to carry out a function on the recommendation or advice of, with the agreement of, or after consulting, any person or authority, no court may examine the question of whether he carried out the function in that way.

(5)

Where the Governor-General is directed to exercise any function on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, the following steps shall be taken-

Where the Governor-General is directed to carry out a function on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, these steps must be followed:

(a)

the Prime Minister shall first consult the Leader of the Opposition and thereafter tender his recommendation to the Governor-General;

the Prime Minister must first consult the Leader of the Opposition and then give his recommendation to the Governor-General;

(b)

the Governor-General shall then inform the Leader of the Opposition of that recommendation and if the Leader of the Opposition concurs therein the Governor-General shall act in accordance with the recommendation;

the Governor-General must then inform the Leader of the Opposition of that recommendation, and if the Leader of the Opposition agrees with it, the Governor-General must act on the recommendation;

(c)

if the Leader of the Opposition does not concur in the prime Minister and refer the recommendation back to him;

if the Leader of the Opposition does not agree with the recommendation, the Governor-General must inform the Prime Minister of this and refer the recommendation back to him;

(d)

the Prime Minister shall then advice the Governor-General and the Governor-General shall act in accordance with that advice.

the Prime Minister must then advise the Governor-General, and the Governor-General must act on that advice.

(6)

Any reference in this Constitution to the functions of the Governor- General shall be construed as a reference to his powers and duties in the exercise of the executive authority of the Bahamas and to any other powers and duties conferred or imposed on him as Governor-General by or under this Constitution or any other law.

Any reference in this Constitution to the functions of the Governor-General means his powers and duties in exercising the executive authority of The Bahamas, and any other powers and duties given to or placed on him as Governor-General by or under this Constitution or any other law.

Exercise of Governor-General's powersHow the Governor-General exercises his powers

80.

In briefRequires the Prime Minister to keep the Governor-General fully informed about the government and to supply any information he asks for.

The Prime Minister shall keep the Governor-General fully informed concerning the general conduct of the government of The Bahamas and shall furnish the Governor-General with such information as he may request with respect to any particular matter relating to the government of The Bahamas.

The Prime Minister must keep the Governor-General fully informed about the general conduct of the government of The Bahamas, and must give the Governor-General any information he asks for about any particular matter relating to the government of The Bahamas.

Governor-General to be informed concerning matters of GovernmentKeeping the Governor-General informed

81.

In briefLets the Governor-General, on the Prime Minister's advice, appoint Parliamentary Secretaries to help Ministers, and says when they leave office.

(1)

The Governor-General, acting in accordance with the advice of the Prime Minister, may appoint Parliamentary Secretaries from among the Senators and the members of the House of Assembly to assist Ministers in the performance of their duties.

The Governor-General, acting on the advice of the Prime Minister, may appoint Parliamentary Secretaries from among the Senators and the members of the House of Assembly to assist Ministers in carrying out their duties.

Provided that, if occasion arises for making an appointment while Parliament is dissolved, a person who was a Senator or a member of the House of Assembly immediately before the dissolution may be appointed as a Parliamentary Secretary.

But if an appointment needs to be made while Parliament is dissolved, a person who was a Senator or a member of the House of Assembly immediately before the dissolution may be appointed as a Parliamentary Secretary.

(2)

The office of a Parliamentary Secretary shall become vacant-

The office of a Parliamentary Secretary becomes vacant:

(a)

it for any reason of the than a dissolution of Parliament he ceases to be a member of the House from among the members of which he was appointed;

if, for any reason other than a dissolution of Parliament, he stops being a member of the House from which he was appointed;

(b)

upon the appointment or re-appointment of any person as Prime Minister; or

when any person is appointed or re-appointed as Prime Minister; or

(c)

if the Governor-General, acting in accordance with the advice of the Prime Minister, so directs.

if the Governor-General, acting on the advice of the Prime Minister, so directs.

Parliamentary SecretariesParliamentary Secretaries

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

83.

In briefSays how the Governor-General acts when nobody is both qualified and willing to be Leader of the Opposition.

During any period in which there is a vacancy in the office of Leader of the Opposition by reason of the fact that no person is both qualified in accordance with this Constitution for, and willing to accept appointment to, that office, the Governor- General shall-

During any period when the office of Leader of the Opposition is vacant because no person is both qualified under this Constitution for that office and willing to accept appointment to it, the Governor-General must:

(a)

act in accordance with his own deliberate judgment in the exercise of any function in respect of which it is provided in this Constitution that the Governor-General shall act on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.

act in his own deliberate judgment when carrying out any function for which this Constitution says the Governor-General must act on the advice of the Leader of the Opposition; and

(b)

act on the recommendation of the Prime Minister in the exercise of any function in respect of which it is provided in this Constitution that the Governor-General shall act on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.

act on the recommendation of the Prime Minister when carrying out any function for which this Constitution says the Governor-General must act on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.

Certain vacancies in office of Leader of the OppositionWhen there is no Leader of the Opposition

84.

In briefStops a Minister or Parliamentary Secretary from starting work until he has sworn the oath of allegiance and the oath of office set by Parliament.

A Minister or Parliamentary Secretary shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and such oath for the due execution of his office as may be prescribed by Parliament.

A Minister or Parliamentary Secretary cannot start the duties of his office until he has taken and signed the oath of allegiance and any oath for carrying out his office properly that Parliament prescribes.

Oaths to be taken by Ministers, etc.Oaths for Ministers and Parliamentary Secretaries

85.

In briefLets the Governor-General, on the Prime Minister's advice, grant leave of absence to any Minister or Parliamentary Secretary.

The Governor-General, acting in accordance with the advice of the Prime Minister, may grant leave of absence from his duties to any Minister or Parliamentary Secretary.

The Governor-General, acting on the advice of the Prime Minister, may grant leave of absence from his duties to any Minister or Parliamentary Secretary.

Leave of absence for Ministers, etc.Leave of absence for Ministers

86.

In briefOnly the Prime Minister can call the Cabinet, and he presides at its meetings unless absent, when a Minister he appoints presides.

(1)

The Cabinet shall not be summoned except by that authority of the Prime Minister.

The Cabinet can only be called together on the authority of the Prime Minister.

(2)

The Prime Minister shall, so far as is practicable, attend and preside at all meetings of the Cabinet and in his absence such other Minister shall reside as the Prime Minister shall appoint.

The Prime Minister must, as far as practicable, attend and preside at all meetings of the Cabinet. When he is absent, another Minister appointed by the Prime Minister presides.

Summoning of and presiding in CabinetCalling and chairing Cabinet meetings

87.

In briefRequires a majority of Cabinet members to be present for business, and protects Cabinet decisions from challenge over vacancies or an unentitled participant.

(1)

No business shall be transacted at any meeting of the Cabinet if there are present at the meeting less than a majority of the members for the time being of the Cabinet.

No business may be done at a Cabinet meeting if fewer than a majority of the current members of the Cabinet are present.

(2)

Subject to paragraph (1) of this Article, the Cabinet shall not be disqualified for the transaction of business by reason of any vacancy in the membership of the Cabinet (including any vacancy nor filled when the Cabinet is first constituted or is reconstituted at any time) and the validity of the transaction of business in the Cabinet shall to be affect by reason only of the fact that some person who was not entitled so to do took part in those proceedings.

Subject to paragraph (1) of this Article, the Cabinet is not prevented from doing business because of any vacancy in its membership (including any vacancy not filled when the Cabinet is first formed or is re-formed at any time). The validity of business done in the Cabinet is not affected only because someone who was not entitled to take part in the proceedings did so.

QuorumCabinet quorum

88.

In briefPuts each Government department under the direction of its Minister and the day-to-day supervision of a Permanent Secretary, who may oversee more than one department.

Where any Minister has been charged with responsibility for any department of Government, he shall exercise general direction and control over that department; and, subject to such direction and control, the department shall be under the supervision of a public officer (in this Constitution referred to as a Permanent Secretary) appointed for the purpose:

Where a Minister has been given responsibility for a Government department, he has general direction and control over that department. Subject to that direction and control, the department is supervised by a public officer appointed for the purpose (called a Permanent Secretary in this Constitution):

Provided that two or more Government departments may be placed under the supervision of one Permanent Secretary.

But two or more Government departments may be placed under the supervision of one Permanent Secretary.

Permanent SecretariesPermanent Secretaries

89.

In briefLets the Governor-General create offices for The Bahamas, appoint people to them and end those appointments, subject to the Constitution and Acts of Parliament.

Subject to the provision of this Constitution and of any Act of Parliament, the Governor-General may constitute offices for The Bahamas, make appointments to any such office and terminate any such appointment.

Subject to this Constitution and to any Act of Parliament, the Governor-General may create offices for The Bahamas, appoint people to any such office and end any such appointment.

Constitution of offices, etc.Creating public offices

90.

In briefLets the Governor-General, on behalf of Her Majesty, pardon offenders, delay or reduce punishments and cancel penalties, acting on a designated Minister's advice.

(1)

The Governor-General may in Her Majesty's name and on Her Majesty's behalf-

The Governor-General may, in Her Majesty's name and on Her Majesty's behalf:

(a)

grant to any person convicted of any offence against the law of The Bahamas a pardon, either free or subjected to lawful conditions;

grant a person convicted of any offence against the law of The Bahamas a pardon (official forgiveness of the offence), either free or subject to lawful conditions;

(b)

grant to any persons a respite, either indefinite or for a specified period, from the execution of any punishment imposed on that person for such an offence;

grant a person a respite (a delay) from carrying out any punishment imposed on that person for such an offence, either indefinitely or for a specified period;

(c)

substitute a less severe form of punishment for that imposed by any sentence for such an offence; or

replace the punishment imposed by any sentence for such an offence with a less severe form of punishment; or

(d)

remit the whole or any part of any sentence passed for such an offence o any penalty or forfeiture otherwise due to Her Majesty on account of such an offence.

remit (cancel) the whole or any part of any sentence passed for such an offence, or of any penalty or forfeiture otherwise due to Her Majesty because of such an offence.

(2)

The power of the Governor-General under paragraph (1) of this Article shall be exercised by him in accordance with the advice of a Minister designated by him, acting in accordance with the advice of the Prime Minister.

The Governor-General must exercise his power under paragraph (1) of this Article on the advice of a Minister he designates, and he designates that Minister on the advice of the Prime Minister.

Powers of pardon, etc.Power to pardon

91.

In briefCreates an Advisory Committee on the Prerogative of Mercy, chaired by the designated Minister, with the Attorney-General and three to five other appointed members.

There shall be an Advisory Committee on the Prerogative of Mercy which shall consist of-

There must be an Advisory Committee on the Prerogative of Mercy (the power to pardon or reduce a sentence), consisting of:

(a)

the Minister referred to in paragraph (2) of Article 90 of this Constitution, who shall be Chairman;

the Minister referred to in paragraph (2) of Article 90 of this Constitution, who is the Chairman;

(b)

the Attorney-General; and

(c)

not less than three or more than five other members appointed by the Governor-General.

at least three and no more than five other members appointed by the Governor-General.

Advisory Committee on Prerogative of MercyAdvisory Committee on the Prerogative of Mercy

92.

In briefRequires the Minister to put every death sentence case before the Advisory Committee, lets him consult it in other cases, and leaves him free to disagree.

(1)

Where an offender has been sentenced to death by any court for an offence against the law of The Bahamas, the Minister shall cause a written report of the case from the trial Justice of the Supreme Court, together with such other information derived from the record of the case or elsewhere as the Minister may require, to be taken into consideration at a meeting of the Advisory Committee.

Where any court has sentenced an offender to death for an offence against the law of The Bahamas, the Minister must have a written report of the case from the trial Justice of the Supreme Court, together with any other information from the record of the case or elsewhere that the Minister requires, considered at a meeting of the Advisory Committee.

(2)

The Minister may consult with the Advisory Committee before tendering any advice to the Governor-General under paragraph (2) of Article 90 of this Constitution in any case not falling within paragraph (1) of this Article.

In any case not covered by paragraph (1) of this Article, the Minister may consult the Advisory Committee before giving any advice to the Governor-General under paragraph (2) of Article 90 of this Constitution.

(3)

The Minister shall not be obliged in any case to act in accordance with the advice of the Advisory Committee.

The Minister is never obliged to follow the advice of the Advisory Committee.

(4)

The Advisory Committee may regulate its own procedure.

The Advisory Committee may decide its own procedure.

(5)

In this Article "the Minister" means the Minister referred to in paragraph (2) of Article 90 of this Constitution.