The Electoral Commission is appointed in accordance with section 57 (3) of the Constitution of Saint Lucia Order 1978
The Electoral Commission Consists of:-
- A chairman appointed by the Governor General, acting in his/her own deliberate judgment;
- One member appointed by the Governor General, acting in accordance with the advice of the Prime Minister; and
- One member appointed by the Governor General, acting in accordance with the advice of the Leader of the Opposition.
A person shall not be qualified to be appointed as a member of the Commission if he/she is a Senator or a member of the House of Assembly or a public officer nor, in the case of the Chairman of the Electoral Commission, unless he holds one of the specified qualifications and has held one or other of those qualifications for a total period of not less than seven (7) years.
A member of a Commission who has been appointed shall vacate his office:-
- When the House of Assembly first meets after the next dissolution of Parliament after his appointment;
- If any circumstances arise that, if he were not a member of the commission, would cause him to be disqualified for appointment as such.
A member of a Commission who has been appointed shall be removed from office but only for inability to discharge the functions thereof (whether arising from infirmity of mind or body or any other cause) or for misbehaviour, and he shall not be so removed except in accordance with the provisions of section six (6) of the constitution of St. Lucia.
A member of a Commission who has been appointed shall be removed from office by the Governor General if the question of his removal from office has been referred to a tribunal appointed under subsection eight (8) of the constitution of St. Lucia and the tribunal has recommended to the Governor General that he ought to be removed from office for inability as aforesaid or for misbehaviour.
In the case of the Chairman of the Electoral Commission, the Governor General, acting in her own deliberate judgement,and, in the case of any other member of that Commission, the Governor General, acting after consultation with the Prime Minister and the Leader of the Opposition, considers that the question of removal of a member of the Commission from office for inability as aforesaid or for misbehaviour ought to be investigated, then: –
The Governor General shall appoint a tribunal, which shall consist of a chairman and not less than two other members, selected by the Chief Justice, from among persons who hold or have held office as a judge of a court having an unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from ant such court; and
The tribunal shall inquire into the matter and report on the facts thereof to the Governor General and recommend to the Governor General whether the member of the Commission ought to be removed from office for inability as aforesaid or for misbehaviour.
The commission may regulate it owns procedure, and with the consent of the Prime Minister, confer powers and impose duties on any public officer or on any authority of the Government for the purpose of the discharge of its functions.
A commission may, subject to its rules of procedure, act not withstanding any vacancy in its membership and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings:
Provided that any decision of the Commission shall require the concurrence of a majority of all its members.
In the exercise of its functions under this constitution a Commission shall not be subject to the direction or control of any other person or authority.
STRUCTURE OF THE ELECTORAL COMMISSION
Responsibilities of the Commission
- The Electoral Commission exercises general direction and supervision over the administrative conduct of all elections and enforce on the part of all elections officers fairness, impartiality and compliance with the provisions of the Elections Act.
- In the discharge of its functions the Electoral Commission is ably assisted by a Chief Elections Officer, whose office is a public office, and the Commission may give such directions as it considers necessary or expedient to the officer, who shall comply with such directions or cause them to be complied with.
- The Electoral Commission may make such reports to the Governor General concerning the matters of which it is responsible.
Meet the Members of the Electoral Commission
Cynthia C. F. Combie Martyr BSC (UWI) LLB (Lond) MCIArb Attorney at Law, Notary Royal, Mediator & Arbitrator
Chairperson of the Electoral Commission