CHAPTER VI - Part 5

The Public Service Board of Appeal

95. Public Service Board of Appeal

96.Appeals in discipline cases

95. Public Service Board of Appeal

(1) There shall be a Public Service Board of Appeal for Saint Lucia (hereinafter in this section and in section 96 referred to as the Board) which shall consist of—

(a) one member appointed by the Governor General, acting in his or her own deliberate judgment, who shall be the Chairperson;

(b) one member appointed by the Governor General, acting in accordance with the advice of the Prime Minister; and

(c) 2 members appointed by the Governor General, acting in accordance with the advice of the appropriate representative bodies.

(2) A person shall not be qualified for appointment as a member of the Board if he or she is a Senator or a member of the House and a person shall not be qualified for appointment under subsection (1)(c) unless he or she is or has been a public officer.

(3) Subject to the provisions, the office of a member of the Board shall become vacant—

(a) at the expiration of 3 years from the date of his or her appointment; or

(b) if any circumstances arise that, if he or she were not a member of the Board, would cause him or her to be disqualified to be appointed as such under subsection (2).

(4) A member of the Board may be removed from office only for inability to exercise the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.

(5) A member of the Board shall be removed from office by the Governor General if the question of his or her removal from office has been referred to a tribunal appointed under subsection (6) and the tribunal has recommended to the Governor General that he or she ought to be removed from office for inability as aforesaid or for misbehaviour.

(6) If the Governor General considers that the question of removing a member of the Board under this section ought to be investigated then—

(a) the Governor General shall appoint a tribunal which shall consist of a chairperson and not less than 2 other members, selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or of a court having jurisdiction in appeals from such a court; and

(b) the tribunal shall enquire into the matter and report on the facts thereof to the Governor General and recommend to him or her whether the member ought to be removed under this section.

(7) If the question of removing a member of the Board has been referred to a tribunal under this section, the Governor General may suspend that member from the exercise of the functions of his or her office and any such suspension may at any time be revoked by the Governor General and shall in any case cease to have effect if the tribunal recommends to the Governor General that that member should not be removed.

(8) If at any time any member of the Board is for any reason unable to exercise the functions of his or her office, the Governor General may appoint a person who is qualified to be appointed as a member of the Board to act as a member, and any person so appointed shall, subject to the provisions of subsection (4), continue to act until the holder thereof has resumed his or her functions or until his or her appointment to act has been revoked by the Governor General.

(9) In the exercise of the powers conferred upon him or her by subsections (6), (7) and (8) the Governor General shall, in the case of a member of the Board appointed under subsection (1)(b), act in accordance with the advice of the Prime Minister and shall in any other case act in his or her own deliberate judgment.

(10) The Board shall, in the exercise of its functions under this Constitution, not be subject to the direction or control of any other person or authority.

(11) In this section “the appropriate representative bodies” means the Saint Lucia Civil Service Association and the Police Association or such other bodies as may be designated by the Governor General, acting in accordance with the advice of the Prime Minister, as representing the interests of public officers and of police officers.

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96. Appeals in discipline cases

(1) This section applies to—

(a) any decision of the Governor General, acting in accordance with the advice of the Public Service Commission, or any decision of the Public Service Commission or of the Teaching Service Commission, to remove a public officer from office or to exercise disciplinary control over a public officer (including a decision made on appeal from or confirming a decision of any person to whom powers are delegated under section 86(2) or 93(2));

(b) any decision of any person to whom powers are delegated under section 86(2) or 93(2) to remove a public officer from office or to exercise disciplinary control over a public officer (not being a decision which is subject to appeal to or confirmation by the Public Service Commission or the Teaching Service Commission);

(c) if it is so provided by Parliament, any decision of the Commissioner of Police under section 94(3), or of a person to whom powers are delegated under section 94(4), to remove a police officer from office or to exercise disciplinary control over a police officer;

(d) such decisions with respect to the discipline of any military, naval or air force of Saint Lucia as may be prescribed by Parliament.

(2) Subject to the provisions of this section, an appeal shall lie to the Board from any decision to which this section applies at the instance of the public officer or member of the naval, military or air force in respect of whom the decision is made:

Provided that in the case of any such decision as is referred to in subsection (1)(c), an appeal shall lie in the first instance to the Commissioner of Police if it is so provided by Parliament or, if it is not so provided, if the Commissioner so requires.

(3) Upon an appeal under this section the Board may affirm or set aside the decision appealed against or may make any other decision which the authority or person from whom the appeal lies could have made.

(4) Every decision of the Board shall require the concurrence of a majority of all its members.

(5) Subject to the provisions of subsection (4), the Board may by regulation make provision for—

(a) the procedure of the Board;

(b) the procedure in appeals under this section; or

(c) excepting from the provisions of subsection (2) decisions in respect of public officers holding offices whose emoluments do not exceed such sum as may be prescribed by the regulations or such decisions to exercise disciplinary control, other than decisions to remove from office, as may be so prescribed.

(6) Regulations made under this section may, with the consent of the Prime Minister, confer powers or impose duties on any public officer or any authority of the Government for the purpose of the exercise of the functions of the Board.

(7) The Board may, subject to the provisions of this section and to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member.

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