|
BELIZE
WHITE PAPER
Issued by the Government of Belize
on the
Proposed Terms of a Constitution for the INDEPENDENT BELIZE
-o-o-0-o-o-
THE CONSTITUTION OF BELIZE shall commence with a
preamble which shall state that the people of Belize:
(a) affirm that the Nation of Belize shall be
founded upon principles which acknowledge the supremacy
of God, faith in human rights and fundamental freedoms,
the position of the family in a society of free men and
free institutions, the dignity of the human person and
the equal and inalienable rights with which all members
of the human family are endowed by their Creator;
(b) respect the principles of social justice and
therefore believe that the operation of the economic
system must result in the material resources of the
community being so distributed as to subserve'the common
good, that there should be adequate means of livelihood
for all, that labour should not be exploited or forced
by economic necessity to operate in inhumane conditions
but that there should be opportunity for advancement on
the basis of recognition of merit, ability and integrity;
(c) believe that the will of the people shall form
the basis of government in a democratic society in which
the government is freely elected by universal adult suffrage
and in which all persons may, to the extent of their capacity,
play some part in the institutions of national life and thus
develop and maintain due respect for lawfully constituted
authority;
(d) recognize that men and institutions remain free
only when freedom is founded upon respect for moral and
spiritual values and upon the rule of law;
(e) require policies of state which protect and
safeguard the unity, freedom, sovereignty and territorial
integrity of Belize; which eliminate economic and social
privilege and disparity among the citizens of Belize whether
by race, colour, creed or sex; which protect the rights of
-the individual to life, liberty and the pursuit of happiness;
which preserve the right of the individual to the ownership
of private property and the right to operate private businesses;
which prohibit the exploitation of man by man or by the state;
which ensure a just system of social security and welfare; which
promote international peace, security and cooperation among
nations, the establishment of a just and equitable international
economic and social order in the world with respect for
international law and treaty obligations in the dealings among
nations;
(f) desire that their society shall reflect and
,enjoy the above mentioned principles, beliefs and needs and
that their Constitution should therefore enshrine and make
provisions for ensuring the achievement of the same in Belize.
THE CONSTITUTION OF BELIZE
Introduction
1. Belize shall be declared a sovereign democratic
state of Central America in the Caribbean Region comprising
all the territory of Belize as it is now known and defined.
2. The Constitution shall be declared the supreme
law of Belize. Any law inconsistent therewith shall be
declared void to the extent of the inconsistency.
HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
3. There shall be a declaration of Human Rights
and Fundamental Freedoms of the individual and provision
for the enforcement thereof, as follows:
Regardless of race, place of origin, political
opinions, colour, creed or sex every person in
Belize shall be entitled to the following human
rights and fundamental freedoms:
(a) life, liberty, security of the person
and the protection of the law;
(b) freedom of conscience, of expression, of
assembly and of association;
Cc) respect for his private and family life,
protection for the privacy of his home
and recognition of his human dignity; and
(d) the enjoyment of property.
4. The human rights and fundamental freedoms of the
individual prescribed by the Constitution shall be defined
and qualified in order to ensure that the enjoyment of these
rights and freedoms by one individual does not prejudice the
rights and freedoms of another nor damage the public interest,
as follows:-
(a) Protection of the right to life Every human
being has the inherent right to life. Death in
execution of a lawful sentence of a court, in a
lawful act of war or in circumstances justified
by the Criminal Code shall not constitute a
contravention of the right to life.
(b) Protection of the right -to personal liberty
Everyone has the right to liberty and security of
person. Except by due process of law or in cases
of public emergencies a person may not be deprived
of his personal liberty.
(c) Protection of the law All persons are equal
before the law and are entitled without any
discrimination to the equal protection of the law.
Every person charged with a criminal offence shall
be deemed innocent, shall be afforded an early and
fair trial in public by an independent and
impartial court observing the laws of natural
justice and the due process of the laws of Belize,
and shall enjoy all rights of appeal.
(d) Protection from inhuman treatment No person
shall be subjected to torture or to cruel, inhuman
and degrading treatment or punishment. Slavery
and the slave trade in all their forms shall be
prohibited.
(e) Protection from forced labour No one shall be
required to perform forced or compulsory labour.
This shall not include labour prescribed by an
order or sentence of a court nor labour required
of a person in lawful detention.
(f) Protection against arbitrary search or entry
No one shall be subjected to arbitrary arrest or
detention. This does not include a law made in the
interest of defence, public safety, order, morality
or health; nor for the purposes of law enforcement;
nor for the evaluation of property taxes or rates;
nor by a public authority to carry out works for
the public good; nor for the purposes of town or
country planning or the utilisation of mineral
resources.
(g) Protection of freedom of movement This shall
include freedom to move freely throughout Belize, to
live in any part of Belize, and to leave Belize; and
immunity against expulsion from Belize.
(h) Protection of freedom of conscience Everyone
shall have the right to freedom of thought,
conscience and religion. This includes freedom of
religion, the right to practice the same, to establish
places of worship and of religious education, as well
as the right to refuse religious education.
(i) Protection of freedom of expression Everyone
shall have the right to freedom of expression.
This includes the right to communicate ideas, freedom
of the press and mass medium of communication except
0 0
as is necessary for defence, public safety, public
order, morality or health or for the protection of the
rights and freedoms of others and for preventing
disclosures made in confidence and for regulating
telephony, telegraphy, posts, wireless broadcasts
or television.
(j) Protection of freedom of assembly and association
The right of peaceful assembly shall be recognized and
everyone shall have the right to freedom of association
with others, including the right to form and join
trade unions for the protection of his interests. This
shall not invalidate a law reasonably required for
defence, public safety, morality or health, or to
protect the freedom of others, to restrict members of
the Public Services, or to prohibit any association
restricting the admission of members based on race
or colour.
(k) Protection of right to privacy No one shall be
subjected to arbitrary or unlawful interference with
his privacy, family, home or correspondence, nor to
unlawful attacks on his honour and reputation. This
includes respect for private and family life, the
home and personal correspondence except in the interests
of defence, public safety, order, morality and health,
and for the protection of the rights and freedoms
of others.
(1) Protection of freedom to pursue profession or
occupation This includes a trade or business and
the right to work, but is subject to laws prescribing
qualifications and professional fees, or trade or
business license fees, and restrictions imposed upon
non-nationals.
(m) Protection from discrimination All persons are
equal before the law and are entitled without any
discrimination to the equal protection of the law.
This shall include a prohibition against laws
discriminatory in themselves or in their effect, and
the treatment of persons by those executing a written
law, or in the performance of a public duty. The
advocacy of. national, racial or religious hatred
which constitutes incitement to discrimination,
hostility or violence shall be prohibited by law.
(n) Protection from deprivation of property No
property or any interest therein shall be compulsorily
taken from any person except under a law which
prescribes the principles and the manner in which
compensation is to be determined, secures a
claimant access to the court to establish his right
or interest in the property, to determine the amount
of compensation and to enforce his right thereto.
5. For the removal of doubt, every citizen shall have
access to and the Supreme Court of Judicature shall have
jurisdiction to hear and make such order as is appropriate to
grant redress where a person alleges that one of his Human
Rights or a Fundamental Freedom is violated or is about to be
violated. From the Supreme Court, a right of appeal shall
lie to the Court of Appeal and thence to the Privy Council.
Public Emergencies
6. The Human Rights and Fundamental Freedoms
protected by the Constitution shall be especially entrenched
but laws passed during a period of public emergency shall
have effect notwithstanding a violation of the same insofar
as the law is shown to be reasonably justified for the
purpose of dealing with the situation that exists during
the period.
7. A period of public emergency shall exist when:
Ca) Belize is engaged in any war;
*
(b) there is in force a Proclamation by the
Governor-General declaring that a state
of public emergency exists;
(c) there is in force a resolution of the
legislature declaring that democratic
institutions in Belize are threatened by
subversion.
8. Proclamations by the Governor-General may be made
if he is satisfied (a) of the imminence of a state of war or
that an emergency exists as a result of a hurricane, flood,
earthquake, fire, outbreak of pestilence or infectious disease,
or other calamity; (b) that action or the threat of action by any
person of such a nature or on so extensive a scale as to
endanger the public safety or deprives the community, or a
substantial portion thereof, of supplies or services essential
to life. Such a proclamation shall remain in force for a period
not exceeding one month unless previously revoked or extended
by the legislature.
9. The legislature may by resolution make a
declaration not exceeding six months in the first instance
and may extend the same for successive periods of three
months.
Protection of Existing Laws
10. Provision must be made to protect the laws
existing and in force in Belize at the commencement of the
Constitution.
CITIZENSHIP
11. On the day of the independence of Belize, every
person born in Belize shall become a citizen of Belize. So
shall every person born outside Belize whose parent becomes
a citizen on independence day or would have so become but for
death.
c
12. On the day of the independence of Belize, the
persons following shall be entitled to be registered as a
citizen of Belize:
(a) the spouse of a Belizean citizen;
(b) any other person who has been resident
continuously in Belize for a period of five
years immediately prior to the day of
independence.
13. After the day of independence every person born
in Belize shall become a Belizean citizen at the date of his
birth save for persons with diplomatic immunity, or enemy
aliens during a period of hostile occupation. Moreover, a
person born of a citizen of Belize shall become a Belizean
citizen on.the date of his birth. A person who marries a
Belizean citizen shall be entitled to Belizean citizenship by
registration.
14. Any person who is a Belizean citizen or becomes
entitled to Belizean citizenship shall forfeit such
citizenship by any voluntary act (other than marriage) by
which he acquires a citizenship other than Belizean.
15. Any person who by birth or otherwise becomes a
Belizean citizen, shall have the status of a Commonwealth
citizen.
THE GOVERNOR-GENERAL
16. There shall be a Governor-General of Belize who
shall be a citizen of Belize appointed after consultation
with the Prime Minister by the Queen as her representative
in Belize and who shall hold office during the Queen's
pleasure. Whenever this office becomes vacant or the holder
is unable to perform his functions due to absence or otherwise
the Queen may appoint some person to perform his functions.
17. In the performance of his functions the
Governor-General shall act in accordance with the advice of
the Minister of Government responsible for the matter or
subject, unless he is specifically by law authorised to act
otherwise.
THE EXECUTIVE
Cabinet
18. The Cabinet shall be the principal instrument of
policy with general direction and control of the Government
of Belize and shall be collectively responsible to the
National Assembly for all things done by or under the authority
of any Minister in the execution of his office. It shall
consist of the Prime Minister and such number of Ministers as
may be appointed by the Governor-General.
Prime Minister and Ministers
19. The Governor-General shall appoint as Prime Minister
the member of the House of Representatives who is the leader
of the Party that commands the support of the majority of the
members of that House, or the member who is most likely to
command the support of the majority of members of the House,
in the event that no party has an undisputed majority.
20. The Governor-General on the advice of the Prime
Minister shall appoint Ministers responsible for any business
of Government including responsibility for any department of
government from among members of the House of Representatives
or the Senate, except the persons holding the office of Speaker
of the House of Representatives and the President of the
Senate. A Minister may also be designated Deputy Prime
Minister to whom the functions of the Prime Minister may
be deputed from time to time by the Prime Minister. The
Minister of Finance shall be a member of the House of
Representatives.
21. The Attorney-General shall be the principal
legal adviser to the Government of Belize and shall also be
responsible for the administration of legal affairs in the
country. Legal proceedings for or against the State shall
be taken, in the case of civil proceedings, in the name
of the Attorney-General and, in the case of criminal
proceedings, in the name of the Crown. In the exercise of
his functions the Attorney-General shall not be subject to
the direction or control of any person or authority.
22. Where a Minister has been charged with respon-
sibility for departments or subjects of Government the Minister
shall exercise general direction and control over the
departments or institutions relating to the subjects in
his portfolio..
Tenure of Office
23. If the House of Representatives passes a motion
declaring that it has no confidence in the Prime Minister,
the Prime Minister shall either resign or advise the
Governor-General to dissolve the National Assembly. The
Governor-General shall then revoke the appointment of the
Prime Minister or dissolve the National Assembly as the
situation warrants.
24. The Prime Minister shall also vacate his office
if he is informed by the Governor-General that he is about
to re-appoint him as Prime Minister or to appoint another
person as Prime Minister, or if for any other reason the
Prime Minister ceases to be a member of the House of
Representatives.
25. The office of every Minister shall become vacant
upon the appointment or re-appointment of any person to the
office of Prime Minister; if his appointment is revoked
by the Governor-General on the advice of the Prime Minister;
if for any reason other than a dissolution of the National
Assembly he ceases to be a member of the House of which he
was a member when he was appointed Minister; or if for any
other reason he is required to cease to exercise any of his
functions as a member of either House.
26. Whenever the Prime Minister is unable to perform
his functions by reason of illness or absence from Belize,
the Governor-General, nay 'authorize any other Minister to
perform the functions of the Prime Minister. This power
shall be exercised by the Governor-General on the advice of
the Prime Minister, but in the event that it is impracticable
to obtain such advice owing to the Prime Minister's illness
or absence, the Governor-General shall act in his own discretion.
27 In the case where a Minister, other than the
Prime Minister, is unable, by reason of illness or absence
from Belize, to perform his functions the Governor-General
may appoint a person who is a member of the National Assembly
to be a temporary Minister.
28. On the advice of the Prime Minister, the
Governor-General may also appoint Deputy Ministers from among
members of the National Assembly to assist Ministers discharge
their functions.
29. The Prime Minister shall attend and preside at
all Cabinet meetings, and in his absence any other Minister
that he appoints shall preside.
Leader of the Opposition
30. There shall be a Leader of the Opposition who
shall be appointed by the Governor-General. He shall be the
member of the House of Representatives, who in the judgement
of the Governor-General, is best able to command'the support
of a majority of those members who do not support the
Government, or if there is no such person, the member who
commands the support of the largest single group of members
opposed to the Government.
31. The Leader of the Opposition shall vacate his
office if for any reason, other than a dissolution of the
National Assembly, he ceases to be a member of the House of
Representatives or his appointment is revoked by the
Governor-General.
Permanent Secretaries
32. The office of Permanent Secretary shall be a
public office. He shall be responsible for the supervision
of any department or institution of Government assigned to him.
Two or more government departments or institutions may be
placed under the supervision of one Permanent Secretary.
The Belize Advisory Council
33. There shall be in and for Belize a Belize Advisory
Council which shall consist of a minimum of six members
appointed by the Governor-General on the advice of the
Prime Minister. Each member shall be appointed for a period
not exceeding ten years. The Governor-General shall be the
chairman of the Council and in his absence the most senior
member present shall preside. In the performance of its
functions a quorum shall comprise any five members.
34. The Governor-General may, after consultation with
the Prime Minister, declare a member by reason of absence or
infirmity of body or mind unable to perform his functions as
a member of the Council. The Council's function is to advise
the Governor-General on the exercise of the Royal Prerogative
of Mercy and on appeals of matters relating to the Public Services.
The Council's other functions and duties shall be those conferred
or imposed upon it under this Constitution or any other law.
Exercise of Governor-General's Powers
35. In the exercise of his functions, the Governor-
General shall act in accordance with the advice of Cabinet
or a Minister acting under the general authority of Cabinet,
except in cases where the Constitution or any law requires
him to act on the advice of any other person or authority.
36. He shall act in his own deliberate judgement in
the appointments of Prime Minister and Leader of the
Opposition and the -revocation of such appointments.
37. Where it is required that the Governor-General
shall act in accordance with or on the advice of any person
or authority, the question of whether he has in any case done
so shall not be enquired into by any court.
THE LEGISLATURE
The National Assembly
38. There shall be a National Assembly, comprising a
House of Representatives and a Senate.
The House of Representatives
39. The House of Representatives shall consist of
members elected in the manner prescribed by the Representation
of the People Ordinance. If the person elected as Speaker is
not a member of the House, then by virtue of holding the office
of Speaker, he shall be a member of the House.
40. The National Assembly of Belize constituted on the
day prior to the day of the independence of Belize shall
continue and remain the National Assembly for the remainder of
the term of office for which it was elected and shall enjoy
all the powers and perform all the duties in this Constitution
granted and imposed upon the National Assembly of Belize as if
it had been elected hereunder.
41. Thereafter the number of elected members of the
House of Representatives shall be determined by the Elections
and Boundaries Commission constituted under the Representation
of the People Ordinance, dividing the country, from time to
time, into constituencies in a manner which will ensure that
each elected member shall represent a constituency comprising
no less than 2,000 registered voters and no more than 3,000
until the number of elected members of the House of Representative4
reaches twenty-nine.
42. Upon the elected membership of the House of
Representatives reaching twenty-nine members, the National
Assembly shall by resolution determine the formula to be
followed by the Elections and Boundaries Commission thereafter
for determining the number of elected members of the House of
Representatives.
Qualifications for Membership of the National Assembly
43. A person shall be qualified to be elected a member
of the House of Representatives or to be appointed to the
Senate if he is-a Belizean citizen, eighteen years old or older
and has lived in Belize for at least one year immediately
before the date of his nomination for election.
44. A person shall be disqualified from election as a
member of the House of Representatives or appointment to the
Senate if he owes allegiance to a foreign power or state, is an
undischarged bankrupt, is certified insane, is under a
sentence of death, or is serving a sentence of imprisonment
exceeding twelve months. He is also disqualified from
membership of the National Assembly if he is holding or
acting in & public office, has been convicted of any offence
relating to elections, or belongs to any armed forces or police
force, or is party to any contract with the Government of Belize
and has not declared his interest publicly within one month
before the date of election in the case of the House of
Representatives or within one month of his appointment in the
case of the Senate.
Dissolutions
45. Every member of the National Assembly shall
vacate his seat on the dissolution of the Legislature after
the expiration of a period of five years from his election
or appointment, or a dissolution brought about in any other
manner.
46. A member of the National Assembly shall also
vacate his seat if he is absent from the sittings of the House
or Senate for such periods and in such circumstances as may be
prescribed by the Standing Orders; if he ceases to be a
citizen of Belize; or if any circumstances arise that were he
not a member he would be disqualified for election or appoint-
ment to the National Assembly.
Presiding Officers
47. One of the first acts of the House of Representatives
after any general election shall be to elect a Speaker and
Deputy Speaker. If the office of Speaker or Deputy Speaker falls
vacant at any time before the next dissolution of the National
Assembly, the House shall as soon as practicable elect another
person to fill the vacant office.
48. The Speaker shall be more than thirty years old and
may be elected from among members of the House who are not
Ministers or from among persons who are not members of either
House. The person elected Speaker, if he is not a member of
either House, shall be a citizen of Belize and shall not be a
person who would otherwise have been disqualified for election
as a member of the House of Representatives.
49. The office of Speaker and Deputy Speaker shall be
vacated, if the holder of the office ceases to be a citizen
of Belize, ceases to be a member of the House, is appointed
a Minister, or, in the case of a Speaker elected from among
persons who are not members of the House, when the House first
meetsafter any dissolution of the'National Assembly.
The Senate
50. There shall be eight members of the Senate appointed
by the Governor-General. If any person who is not a Senator
is elected to be President of the Senate, he shall become a
Senator.
51. Of the eight Senators five shall be appointed by
the Governor-General on the advice of the Prime Minister, two
on the advice of the Leader of the Opposition, and one after
consultation with the Belize Advisory Council.
52. If there is no opposition party represented in the
House of Representatives, or if two or more opposition parties
are equally represented, the two Senators may be appointed by
the Governor-General on the advice of a person selected by him,
in his discretion, for the purpose of tendering such advice.
53. The Governor-General may also, on advice, or
acting in his discretion, declare the seat of a Senator
vacant. The Governor-General may declare a Senator to be
temporarily incapable of performing his functions by reason
of illness, in which case such Senator shall not perform
his functions until he is declared by the Governor-General
capable of performing them.
54. If the President or Vice-President of the Senate
is required to cease to function as a Senator, these functions
shall be performed, in the case of the President, by the
Vice-President, and in the case of the Vice-President, any
Senator elected by the Senate for the purpose.
55. If the President or Vice-President resumes the
performance of his functions as Senator, he shall resume as
President or Vice-President as the case may be.
The Clerk of the National Assembly
56. There shall be a Clerk and Deputy Clerk to the
National Assembly who shall perform their functions at the
direction of-the presiding officers of the Assembly.
Powers, Procedures and Privileges
57. The National Assembly may make laws for the peace,
order and good government of Belize.
58. The powers of the National Assembly shall be
limited in respect of its ability to alter and amend this
Constitution as follows:
(a) No amendment shall be made to the Constitution
except by a Bill approved by a final vote in
the House of Representatives of no less than
two-thirds of the membership; and
(b) in regard to the provisions relating to Human
Rights and Fundamental Freedoms, the House of
Representatives and the Judiciary, no amendment
shall be made to the Constitution unless
ninety days have elapsed between the presentation
of a Bill and its second reading in the House
of Representatives and the Bill is approved in the
House of Representatives by a final vote of no
less than three-quarters of the membership.
59. The National Assembly may make Standing Orders to
regulate its procedure, to pass bills and present them to the
Governor-General for assent.
60. A Minister shall be permitted to address the
House of which he is not a member, but shall not have a vote
in that House.
61. No civil or criminal proceedings may be
instituted against any member of either House for words spoken
before, or written in a report to, the House of which he is a
member or a committee thereof or a joint committee of both
Houses, or for any matter brought by him in the form of a
petition, bill, resolution, motion or otherwise.
62. All questions proposed for decision in either House
shall be determined by a majority of the votes of the members
present and voting.
63. A Speaker elected from among members of the
House of Representatives (or in the case of the Senate, the
President) shall have an original vote, but not a casting
vote. A Speaker elected from outside the House of
Representatives (or in the case of the Senate, the President)
shall have no vote.
Introduction of Bills
64. A Bill, other than a money Bill, may be introduced
in either House. A money bill shall not be introduced in the
Senate.
65. Except on the recommendation cr with the consent
of the Cabinet signified by a Minister, neither House shall
proceed with nor amend any Bill which provides for taxation,
imposing or altering any charge on the country's revenues
or funds, or compound or remit any debt due to Belize.
66. If a money Bill passed by the House of Representatives
and sent to the Senate is not passed by the Senate without
amendment within one month after it is sent to that House, the
Bill shall be presented to the Governor-General for assent,
notwithstanding that the Senate has not consented. The Speaker
shall endorse with his certificate every money Bill when it is
passed by the National Assembly.
67. A Bill passed by the House of Representatives for
two successive sessions, and having been sent to the Senate
on two successive occasions, shall, on its rejection the
second time by the Senate, be presented to the Governor-General
for assent, notwithstanding that the Senate has not consented
to the Bill. Six months must elapse between the time the Bill
is first passed by the House of Representatives in the first
session and the time it is passed in the second session.
68. When a Bill is presented to the Governor-General
for assent, he shall signify his assent or that he withholds
assent. A Bill shall not become law unless it has been duly
passed and assented in accordance with the Constitution of
Belize.
Sessions of the National Assembly
69. Each session of the National Assembly shall be
held at .such place within Belize and shall commence at such time
as the Governor-General shall by Proclamation appoint. There
shall be 4 session of each House at least once in every year
so that a period of six months shall not intervene between
the last sitting of the National Assembly in one session and
the first sitting in the next session. The Governor-General,
acting on the advice of the Prime Minister, may at any time
prorogue or dissolve the National Assembly.
70. Unless sooner dissolved, the National Assembly
shall continue for five years from the date of the first
sitting of both Houses after any dissolution and shall then
stand dissolved. If at any time Belize is at war, the National
Assembly may extend the period of five years for not more than
twelve months at a time, provided that the life of the National
Assembly shall not be extended for more than two years.
71. If between the dissolution of the National Assembly
and the next ensuing general elections for members of the
House of Representatives, an emergency arises that in the opinion
of the Prime Minister, it is necessary to convene the National
Assembly before the general election can be held, the Governor-
General, acting on the advice of the Prime Minister, may summon
the two Houses of the preceding National Assembly and that
National Assembly shall be deemed not to have been dissolved
until the date on which the next general election is held.
72. General elections shall be held at such time within
three months of every dissolution of the National Assembly as
the Governor-General, on the advice of the Prime Minister, shall
appoint. As soon as is practicable after general elections, the
Governor-General shall proceed to the appointment of Senators.
73. During the period between a dissolution of the
National Assembly and the first meeting thereof after general
elections, the Government of Belize shall continue to be
administered by the Prime Minister and the other Ministers
and Deputy Ministers of Government.
THE JUDICIARY
74. There shall be a Supreme Court of Judicature for
Belize and a Court of Appeals. The Supreme Court of
Judicature shall have unlimited original jurisdiction to hear
and determine any civil or criminal proceedings under any law.
75. The judges of the Supreme Court of Judicature shall
be the Chief Justice and such Puisne Judges as the National
Assembly may determine. The Chief Justica shall be appointed
by the Governor-General on the advice of the Prime Minister.
No office Of Judge of the Supreme Court of Judicature shall
be abolished while there is a substantive holder of such office.
76. The Supreme Court of Judicature shall be a superior
court of record and shall have all the powers of such a court,
including all the powers that are vested in the Supreme Court
of Judicature of Belize immediately before this Constitution
comes into effect. The Puisne Judges shall be appointed by the
Governor-General on the advice of the Judicial and Legal
Services Commission and with the concurrence of the Prime Minister.
The Governor-General may also appoint temporary Puisne Judges
in the event that the office of a Puisne Judge is vacant or
any Puisne Judge is unable to perform his functions. A Judge
of the Supreme Court of Judicature shall vacate his office on
reaching the age of 62 years, unless otherwise authorised by
the Governor-General.
77. A Judge of the Supreme Court of Judicature may be
removed from office only for inability to perform his functions
or for misbehaviour, and the question of his removal has been
referred by Her Majesty the Queen to the Belize Advisory Council
and the Council has advised Her Majesty accordingly.
The Court of Appeal
78. The Judges of the Court of Appeal shall be the
President, who shall preside, and such number of Justices of
Appeal as may be prescribed by the National Assembly. No
office of Judge of the Court of Appeal shall be abolished while
there is a substantive holder of such office.
79. The Court of Appeal shall be a superior court of
record and shall have all the powers of such a court. All
Judges of the Court of Appeal shall be appointed by the
Governor-General on the advice of the Prime Minister.
80. A Judge -f the Court of Appeal may be removed from
office only for inability to perform his functions or for
misbehaviour, after the question of his removal has been
referred by Her Majesty the Queen to the Belize Advisory Council
and Her Majesty has been advised accordingly.
Appeals to Her Majesty in Council
81. An appeal from decisions of the Court of Appeal
to Her Majesty in Council shall lie as of right in the case
of final decisions in any civil, criminal or other proceedings
which involve a question of interpretation of the Constitution,
and in any other cases prescribed by law.
82. The Court of Appeal may give leave for an appeal
to Her Majesty in Council from decisions in any civil case
which in the Court's opinion has general or public importance
or otherwise, or in any other cases prescribed by law. Her
Majesty may grant special leave to appeal from decisions of the
Court of Appeal in any civil, criminal or other matter.
Director of Public Prosecutions
83. There shall be a Director of Public Prosecutions
for Belize whose office shall be a public office. He shall be
appointed by the Governor-General on the advice of the Prime
Minister. He shall have power to institute, control, take over
and discontinue all criminal prosecutions. His functions
shall be exercised by him in person or through any person
acting undei and in accordance with his general or special
instructions.
84. The Director of Public Prosecutions shall be
removed from office only for inability to perform his functions
or for misbehaviour by the Governor-General acting on the
advice of the Belize Advisory Council.
THE PUBLIC SERVICE
The Public Services Commission
85. There shall be a Public Services Commission
comprising a Chairman and twelve members, four of whom shall
be authorised to deal with matters relating to the Civil
Service, two authorised to deal with matters relating to the
Judicial and Legal Services, four authorized to deal with
matters relating to the Military Service and two authorised
to deal with matters in the Police Service. The Permanent
Secretary Establishment shall be the secretary to the Public
Services Commission.
86. Except for ex-officio members, the Chairman and
the members of the Public Services Commission shall be
appointed by the Governor-General on the advice of the Prime
Minister. Before tendering his advice the Prime Minister shall
consult with the Leader of the Opposition. Members of the
Commission shall hold office for such period as their appointment
designates and in no case for more than three years. Removal
from office shall be made by the Governor-General only for
inability to perform his functions or for misbehaviour after
the matter of removal has been referred to and recommended by
the Belize Advisory Council. Members of the National Assembly
shall not be eligible for membership of the Commission.
87. The Chief Justice shall be ex-officio a member of the
Public Services Commission authorised to deal with matters
relating to the Judicial and Legal Services. The Permanent
Secretary in the Ministry of Defence and the Commandant,
Belize Defence Force, shall be ex-officio members of the Public
Services Commission authorised to deal with matters relating
to the Military Service. The Commissioner of Police shall be
ex-officio a member of the Public Services Commission authorised
to deal with matters relating to the Police Service.
Appointments
88. Power to appoint persons to hold office in the
Public Services, to exercise disciplinary control over persons
in the Services, an. to remove such persons from office, shall
vest in the Public Services Commission. Excluded from the
authority of the Public Services Commission shall be the offices
following: Secretary of the Cabinet, Permanent Secretary, the
head of Departments of Government, the chief professional advisor
to a Department of Government, the Commandant of the Belize
Defence Force, the Commissioner of Police, Ambassador, High
Commissioner or other principal representatives of Belize
accredited to any international organization and any other office
designated by the Commission.
89. The appointment to, discipline of, and removal
from the offices listed above shall vest in the Governor-General
acting on the advice of the Prime Minister.
Pensions
90. The law relating to pensions for members of the
Public Services and to teachers shall remain in force and
apply to persons in the Public Services and in relation to those
already enjoying a pension, shall remain unaltered. All pensions
and rights thereto stand charged on the Consolidated Revenue Fund
of Belize. The discretion relating to pensions formerly vested
in the Governor shall vest in the Governor-General acting on the
advice of the Public Services Commission.
Appeals
91. Appeals against any act of the Public Services
Commission or the Governor-General in relation to the
Public Services shall lie to the Belize Advisory Council.
Regulation of Services
92. Cabinet shall.provide for and determine all
matters relating to employment in the Public Services
including the formulation of schemes of recruitment,
determining a code of conduct, fixing salaries and privileges,
terms of employment, the principles to be followed in
making promotions and transfers, measures to ensure discipline,
to govern dismissals and retirement, and to set out procedures
for the delegation of authority, and generally for the good
management and control of the Public Services. All such
decisions and directives issued by Cabinet shall be laid on
the table of both Houses of the National Assembly.
FINANCE
The Consolidated Revenue Fund
93. All revenues or other moneys raised or received
by Belize (not being revenues or other moneys payable under any
law into some other public fund established for a specific
purpose) shall be paid into and form one Consolidated Revenue
Fund. No moneys shall be withdrawn from the Consolidated
Revenue Fund except to meet expenditure charged upon the Fund
by the Constitution or by an act of the National Assembly, or
where the issue of those moneys has been authorised by an
appropriate law.
94. The Minister responsible for Finance shall lay
before the House of Representatives in each financial year
estimates of the revenues and expenditure of Belize for that
year. If in any financial year the amount appropriated for
any purpose is insufficient, or a need arises for expenditure
for a purpose for which no amount of money was appropriated, or
moneys have been spent in excess of that appropriated, a
supplementary estimate showing the sums required or spent
shall be laid before the House of Representatives.
95. The National Assembly may make provision to allow
the Minister responsible for Finance to authorise expenditure
necessary to carry on the services of Government for a
specified period. The National Assembly may also provide for
the establishment of a Contingencies Fund and authorise the
Minister responsible for Finance to make advances from this
Fund to meet any urgent and unforseen need for expenditure
for which no other provision exists.
96. The salaries and allowances of the Governor-General
and certain other officers, including the Chief Justice, Justices
of Appeal, Puisne Judges, members of the Public Services
Commission, members of the Elections and Boundaries Commission
and the Auditor General, shall be a charge on the Consolidated
Revenue Fund.
The Auditor General
97. There shall be an Auditor General for Belize, whose
office shall be a public office. He shall be appointed by the
Governor-General on the advice of the Prime Minister. He shall
audit and report annually on the public accounts of Belize, and
of all officers, courts and authorities of Belize. The Auditor
General shall submit his reports annually to the Minister
responsible for Finance to be laid before the House of
Representatives. If the Minister responsible for Finance fails
to lay any such reports before the House of Representatives
within the prescribed time, the Auditor General shall transmit
copies of the reports to the Speaker of the House of
Representatives for presentation to the House. In the exercise
of his functions, the Auditor General shall not be subject to
the direction or control of any other person or authority.
98. The Auditor General shall be removed from office
only for inability to perform his functions or for misbehaviour
by the Governor-General acting on the advice of the Belize
Advisory Council.
The Public Debt
99. The public debt of Belize shall be a charge on the
Consolidated Revenue Fund.
CODE OF CONDUCT
100. The Governor-General, members of the National
Assembly, the Belize Advisory Council, the publicc Services
Commission, public officers, officers of statutory corporations
and government agencies and such other officers as the National
Assembly may prescribe; have a duty to conduct themselves in
such a way as not:
(a) to place themselves in positions in which they
have or could have a conflict of interest;
(b) to compromise the fair exercise of their public
or official functions and duties;
(c) to use their office for private gain;
(d) to demean their office or position;
(e) to allow their integrity to be called into question;
or
(f) to endanger or diminish respect for, or confidence
in, the integrity of the Government of Belize.
-o-o-0-o-o-
|
RSS
