Public Services Commission

CHAPTER VIII

THE PUBLIC SERVICE

PUBLIC SERVICES COMMISSION

105.- (1) There shall be or Belize a Public Services Commission which shall consist of a Chairman and twelve other members who shall include as ex officio members the Chief Justice and justice of the Supreme Court designated by the Chief Justice, the Permanent Secretary to the Ministry of Defence, the Commandant of the Belize Defence Force, and the Commissioner of Police.

(2) The Chairman and other members of the Commission, other than the ex officio members, shall be appointed by the Governor General, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition.

(3) No person shall be qualified to be appointed as a member of the Commission if he is a member of the National Assembly or, save in respect of the ex officio members, if he holds or is acting in any public office.

(4) Save in respect of the ex officio members, a person shall not, while he holds or is acting in the office or a member of the Commission or within a period of two years commencing from the date on which he last held or acted in that office, be eligible for appointment to any public office.

(5) Subject to the provisions of this section, the office of a member of the Commission shall become vacant -

a. at the expiration of three years from the date of his appointment or such earlier time, being not less than two years, as may be specified in the instrument by which he was appointed; or

b. if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such.

(6) A member of the Commission may be removed from office only for inability to perform the functions of his office (whether arising form infirmity of mind or body or from any other cause) or for misbehavior, and shall not be so removed except in accordance with the provisions of this section.

(7) A member of the Commission shall be removed form office by the Governor General if the question of the removal of that member from office has been referred to the Belize Advisory Council in accordance with the next following subsection and the Belize Advisory Council has advised the Governor General that that member ought to be removed from office for inability as aforesaid or for misbehavior.

(8) If the Prime Minister represents to the Governor General that the question of removing a member of the Commission under this section ought to be investigated, then -

a. the Governor General shall refer the matter to the Belize Advisory Council which shall sit as a tribunal under the Chairmanship of a member of the Council who holds or has held office as a judge of a superior court of record and who has been deputed to act in that capacity by the Governor General acting in his own deliberate judgment; and

b. the Belize Advisory Council shall enquire into the matter and report on the facts thereof to the Governor General and advise the Governor General whether that member of the Commission should be removed under this section.

(9) If the question of removing a member of the Commission from office has been referred to the Belize Advisory Council under the preceding subsection, the Governor General may suspend the member from performing the functions of his 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 Belize Advisory Council advises the Governor General that the member should not be removed from office.

(10) If the office of a member of the Commission is vacant or a member is for any reason unable to perform the functions of his office, the Governor General may appoint a person who is qualified for appointment as a member of the Commission to act as a member of the Commission, and any person so appointed shall, subject to the provisions of subsections (6), (7), (8) and (9) of this section, continue to act until he is notified by the Governor General that the circumstances giving rise to the appointment have ceased to exist.

(11) In the exercise of its functions the Commission shall be so organized that of the twelve members other than the Chairman -

a. four shall be responsible for matters relating to the public service other than the judicial and legal services and the Police Force;

b. two, being ex officio the Chief Justice and a justice of the Supreme Court designated by the Chief Justice, shall be responsible for matters relating to the judicial and legal services;

c. four, of whom the Permanent Secretary to the ministry of defence and the commandant of the Belize Defence Force shall be ex officio members shall be responsible for matters relating to the military service; and

d. two, of whom the Commissioner of Police shall be ex officio a member, shall be responsible of matters relating to the Police Force.

and in considering the matters referred to, the Commission shall comprise the member responsible for that matter and the Chairman.

(12) A member of the Commission shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and office.

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

(14) The Commission may by regulation make provision for regulating and facilitating the performance of its functions under this Constitution.

(15) Subject to the provisions of this section, the Commission may regulate its own procedure.

(16) Any decision of the Commission shall require the concurrence of a majority of all the members thereof and, subject to its rules of procedure the Commission may act notwithstanding the absence of any member other than the Chairman: provided that, in the exercise of its responsibilities for any matter referred to in subsection (11) of this section, any decision of the Commission shall require the concurrence of a majority of those persons comprising the Commission for the purposes of that matter.

(17) In subsection (11) of this section -

"judicial and legal services" means service in the offices of Registrar and Deputy Registrar of the Supreme Court, Registrar and Deputy Registrar of the Court of Appeal, Magistrate, and such other public offices requiring a legal qualification as the National Assembly may prescribe;

"military service" means service in the Belize Defence Force or in any other military, naval or air force established for Belize.

Constitution of Belize

Preamble

Public Services Commission