| The constitution and laws of Barbados
PART 4
MISCELLANEOUS
Removal from office of certain persons
105. 1. Where it is provided in this Chapter that this section shall
apply to any office, a person holding such office (in this section referred to
as "the officer") shall not be removed therefrom or suspended from the exercise
of the functions thereof except in accordance with the provisions of this
section; and the prescribed authority for the purposes of subsection (4) or
subsection (6) shall, in relation to any office, be the authority prescribed
for that purpose by the provision for this Chapter by which this section is
applied to that office.
2. The officer may be removed from office only for inability to discharge the
functions of his office (whether arising from infirmity of body or mind or any
other cause) or for misbehavior.
3. The officer 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 this section and the tribunal has advised the Governor General that he
ought to be removed from office for inability as aforesaid or for
misbehavior.
4. If the prescribed authority advises the Governor General that the question
of removing the officer from office under this section ought to be
investigated, then -
a. the Governor General shall appoint a tribunal which shall consist of a
Chairman and not less than two other members, selected by the Governor General
acting in accordance with the advice of 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
a court having jurisdiction in appeals from any such court or have been
entitled to practice in Barbados as barristers or solicitors for not less than
ten years; and
b. that tribunal shall enquire into the matter and report on the facts thereof
to the Governor General and advise the Governor General whether the officer
ought to be removed from office for inability as aforesaid or for
misbehavior.
5. The provisions of the Second Schedule shall apply to tribunals appointed
under this section.
6. If the question of removing the officer from office has been referred to a
tribunal under this section, the Governor General, acting in accordance with
the advice of the prescribed authority, may suspend the officer from performing
the functions of his office, and any such suspension may at any time be revoked
by the Governor General, acting as aforesaid, and shall in any case cease to
have effect if the tribunal advises the Governor General that the officer
should not be removed from office.
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