Disqualifications from Appointment as Se

Disqualifications from Appointment as Senators

Disqualifications from Appointment as Senators

Disqualifications from Appointment as Senators


30.- 1. No person shall be qualified to be appointed as a Senator who-

a. is, by virtue of his own act, under any acknowledgement or allegiance, obedience or adherence to a foreign power or state;

b. is a member of the House;

c. is an undischarged bankrupt, having been declared bankrupt under any law;

d. is a person certified to be insane or otherwise adjudged to be of unsound mind under any law;

e. is under sentence of death imposed on him by a court or has been sentenced to imprisonment (by whatever name called) for a term of or exceeding twelve months and has not either suffered the punishment to which he was sentenced or such other punishment as may be competent authority have been substituted therefor, or received a free pardon;

f. is disqualified for election to the House by or under any law by reason of his connection with any offence relating to elections;

g. holds or is acting in any public office or in the office of judge of the Supreme Court or Ombudsman, or is a member of the Constituencies Boundaries Commission, the Judicial and Legal Services Commission, the Public Service Commission or the Police Service Commission;

h. has, within the period of ten years immediately preceding the proposed date of his appointment as a Senator, been convicted on indictment by a court of competent jurisdiction of theft, fraud or other such crime involving dishonesty and who-

i. has not appealed against that conviction; or

ii. has appealed against that conviction and whose appeal has not been allowed; and

iii. has not received a free pardon in respect of the offence; or

i. is a minister of religion.

2. Without prejudice to the provisions of subsection (1) (g) of this section, Parliament may provide that person shall not be qualified for appointment as a Senator in any of the following cases-

a. if he holds or is acting in any office that is specified by Parliament and the functions of which involve responsibility for, or in connection with the conduct of an election or the compilation or revision of any register of electors for the purposes of an election;

b. subject to any exceptions and limitations prescribed by Parliament, if-

i. he holds or is acting in any office or appointment prescribed by Parliament either individually or by reference to a class of office or appointment;

ii. he belongs to any armed force of Antigua and Barbuda or to any class of person that is comprised in any such force; or

iii. he belongs to the Police Force or to any class of person that is comprised in the Police Force.

3. For the purpose of subsection (1) (e) of this section-

a. two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and

b. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

Constitution of Antigua

1. The State and its Territory
2. Constitution is Supreme Law
3. Fundamental Rights and Freedoms of the Individual
4. Protection of Right to Life
5. Protection of Right to Personal Liberty
6. Protection from Slavery and Forced Labour
7. Protection from Inhuman Treatment
8. Protection of Freedom of Movement
9. Protection from Deprivation of Property
10. Protection of Person Or Property from Arbitrary Search Or Entry
11. Protection of Freedom of Conscience
12. Protection of Freedom of Expression Including Freedom of the Press
13. Protection of Freedom of Assembly And Association
14. Protection from Discrimination On the Grounds of Race, Sex Etc.
15. Provision to Secure Protection of the Law
16. Derogations from Fundamental Rights And Freedoms Under Emergency Powers
17. Protection of Persons Detained-under Emergency Laws
18. Enforcement of Protective Provisions
19. Protection from Derogations from Fundamental Rights and Freedoms Generally
20. Declaration of Public Emergency
21. Interpretation and Savings
22. Establishment Of Office
23. Acting Governor-general
24. Oaths
25. Deputy to Governor-General
26. Public Seal
27. Establishment of Parliament
28. Composition of the Senate
29. Qualifications for Appointment as Senators
30. Disqualifications from Appointment as Senators
31. Tenure of Office of Senators
32. Appointment of Temporary Senators
33. President and Vice-president
34. Attendance of Attorney-general at Proceedings of Senate
35. Attendance at Proceedings of Senate of Ministers who are Members of the House
36. Composition of the House
37. Attendance at Proceedings of the House of Ministers who are Senators
38. Qualifications for Election as a Member of the House
39. Disqualifications from Election as a Member of the House
40. Election of Members of the House
41. Tenure of Seats of Members of the House
42. Speaker and Deputy Speaker
43. Clerks to Houses of Parliament and their Staffs
44. Determination of Questions of Membership
45. Unqualified Persons Sitting or Voting
46. Power to Make Laws
47. Alternation of this Constitution and Supreme Court Order
48. Oath of Allegiance by Members of Parliament
49. Presiding in Senate and House
50. Quorum
51. Voting
52. Mode of Exercising Legislative Power
Constitution Disqualifications Senators 2023
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