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From Roach Busters
CHAPTER I
THE REPUBLIC
Establishment of Republic of _____
1. _____ is a sovereign Republic.
Political system
2. The Republic of _____ shall be a multiparty democratic state.
Seat of Government
3. _____ shall be the seat of Government of the Republic in all its activities.
Supremacy of Constitution
4. (1) This Constitution shall be the supreme law of _____.
(2) Any law, passed before or after the commencement of this Constitution, which is inconsistent with the provisions of this Constitution, shall, to the extent in which such an inconsistency exists, be void.
CHAPTER II
NATIONAL FLAG AND ANTHEM
National Flag of Republic
5. There shall be a National Flag of the Republic of which the design shall be as set out in section 6.
Design of National Flag
6.
National Anthem
7. The National Anthem of the Republic shall be “______”.
CHAPTER III
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
Fundamental rights and freedoms of the individual
8. Whereas every person in _____ is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, color, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely ―
(a) life, liberty and security of the person;
(b) protection for the privacy of his home and other property and from deprivation of property without compensation;
(c) the protection of the law; and
(d) freedom of conscience, of expression and of assembly and association,
the following provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.
Protection of right to life
9. (1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offense under the law of ____ of which he has been convicted.
(2) A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as re permitted by law, of such force as is reasonably justifiable ―
(a) for the defense of any person from violence or for the defense of property;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or mutiny; or
(d) in order lawfully to prevent the commission by that person of a criminal offense, or if he dies as the result of a lawful act of war.
Protection of right to personal liberty
10. (1) No person shall be deprived of his personal liberty save as may be authorized by law in any of the following cases, that is to say ―
(a) in consequence of his unfitness to plead to a criminal charge or in execution of the sentence or order of a court, whether established for _____ or some other country, in respect of a criminal offense of which he has been convicted;
(b) in execution of an order of the High Court or the Court of Appeal or such other court as may be prescribed by Parliament punishing him for contempt of any such court or of another court or tribunal;
(c) in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law;
(d) for the purpose of bringing him before a court in execution of the order of a court;
(e) upon reasonable suspicion of his having committed, or being about to commit, a criminal offense under the law of _____;
(f) in the case of a person who has not attained the age of twenty-one years, under the order of a court or with the consent of his parent or guardian, for the purpose of his education or welfare;
(g) for the purpose of preventing the spread of an infectious or contagious disease;
(h) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;
(i) for the purpose of preventing the unlawful entry of that person into _____, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from _____ or for the purpose of restricting that person while he is being conveyed through _____ in the course of his extradition or removal as a convicted prisoner form one country to another; or
(j) to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within _____ or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person with a view to the making of any such order or relating to such an order after it has been made or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of _____ in which, in consequence of any such order, his presence would otherwise be unlawful.
(2) Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention and shall be permitted, at his own expense, to retain and instruct without delay a legal adviser of his own choice, being a person entitled to practice in _____ as a barrister or solicitor, and to hold private communication with him; and in the case of a person who has not attained the age of sixteen years he shall also be afforded a reasonable opportunity for communication with his parent or guardian.
(3) Any person who is arrested or detained ―
(a) for the purpose of bringing him before a court in execution of the order of a court; or
(b) upon reasonable suspicion of his having committed or being about to commit a criminal offense and who is not released, shall be brought before a court as soon as is reasonably practicable; and if any person arrested or detained upon reasonable suspicion of his having committed or being about to commit a criminal offense is not tried within a reasonable time, then, without prejudice to any further proceedings which may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.
(4) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.
(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of the foregoing provisions of this section to the extent that the law in question authorizes the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period of public emergency.
(6) Where a person is detained by virtue of such a law as is referred to in subsection (5), the following provisions shall apply ―
(a) he shall, as soon as reasonably practicable and in any case not more than five days after the commencement of his detention, be furnished with a statement in writing, in a language that he understands, of the grounds upon which he is detained;
(b) not more that fourteen days after the commencement of his detention, a notification shall be published in the Gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorized;
(c) he may from time to time request that his case be reviewed under paragraph (d) but, where he has made such a request, no subsequent request shall be made before the expiration of three months from the making of the previous request;
(d) where a request is made under paragraph (c), the case shall, within one month of the making of the request, be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among persons entitled to practice in _____ as barristers or solicitors; and
(e) he shall be afforded reasonable facilities to consult and instruct, at his own expense, a legal adviser of his own choice, being a person entitled to practice as aforesaid, and he and any such legal adviser shall be permitted to make written or oral representations or both to the tribunal appointed for the review of his case.
(7) On any review by a tribunal in pursuance of subsection (6) of the case of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by whom it was ordered, but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.
(8) When any person is detained by virtue of such a law as is referred to in subsection (5) the Prime Minister or a Minister authorized by him shall, not more than thirty days after the commencement of the detention and thereafter not more than thirty days after the making of the previous report, make a report to each House stating the number of persons detained as aforesaid and the number of cases in which the authority that ordered the detention has not acted in accordance with the recommendations of a tribunal appointed in pursuance of subsection (6):
Provided that in reckoning any period of thirty days for the purposes of this subsection no account shall be taken of any period during which Parliament stands prorogued or dissolved.
Protection from slavery and forced labor
11. (1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labor.
3. For the purposes of this section, the expression “forced labor” does not include ―
(a) any labor required in consequence of the sentence or order of a court;
(b) any labor required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the palace at which he is detained;
(c) any labor required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labor that person is required by law to perform in place of such service; or
(d) any labor required during any period when Barbados is at war or in the event of any hurricane, earthquake, flood, fire or other like calamity that threatens the life or well-being of the community, to the extent that the requiring of such labor is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that calamity, for the purpose of dealing with that situation.
Protection from inhuman treatment
12. (1) No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorizes the infliction of any punishment or the administration of any treatment that was lawful in _____ immediately before the coming into operation of this Constitution.
Protection from deprivation of property
13. (1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except by or under the authority of a written law and where provision applying to that acquisition or taking of possession is made by a written law ―
(a) prescribing the principles on which and the manner in which compensation therefor is to be determined and given; and
(b) giving to any person claiming such compensation a right or access, either directly or by way of appeal, for the determination of his interest in or right over the property and the amount of compensation, to the High Court.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section ―
(a) to the extent that the law in question makes provision for the taking of possession or acquisition of any property ―
(i) in satisfaction of any tax, duty, rate, cess or other impost;
(ii) by way of penalty for breach of the law of forfeiture in consequence of a breach of the law;
(iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge, contract, grant, permission or license;
(iv) in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;
(v) in circumstances where it is reasonably necessity so to do because the property is in a dangerous state o injurious to the health of human beings, animals or plants;
(vi) in consequence of any law with respect to the limitation of actions; or
(vii) for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources o work relating to agricultural development or improvement; or
(b) to the extent that the law in question makes provision for the taking of possession or acquisition of ―
(i) enemy property;
(ii) property of a deceased person, a person of unsound mind or a person who has not attained the age of twenty-one years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;
(iii) property of a person adjudged insolvent or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the insolvent person or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or
(iv) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.
(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision for the orderly marketing or production or growth or extraction of any agricultural product or mineral or any article or thing prepared for market or manufactured therefor or for the reasonable restriction of the use of any property in the interest of safeguarding the interests of others or the protection of tenants, licensees or others having rights in or over such property.
(4) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision of the compulsory taking possession in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or right is held by a body corporate established directly by law for public purposes in which no monies have been invested other than monies provided by Parliament.
Protection against arbitrary search or entry
14. (1) Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision that is reasonably required ―
(a) in the interests of defense, public safety, public order, public morality, public health, town or country planning the development or utilization of mineral resources, or the development or utilization of any other property in such manner as to promote the public benefit;
(b) for the purposes of protecting the rights or freedoms of other persons;
(c) for the purposes of authorizing an officer or agent of the Government, or of a local government authority or of a body corporate established directly by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purposes of any tax, duty, rate, cess or other impost or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the Government or that authority or body corporate, as the case may be;
(d) for the purposes of authorizing the entry upon any premises in pursuance of an order of a court for the purpose of enforcing the judgment or order of a court in any proceedings; or
(e) for the purpose of authorizing the entry upon any premises for the purpose of preventing or detecting criminal offenses.
Provisions to secure protection of law
15. (1) If any person is charged with a criminal offense, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
(2) Every person who is charged with a criminal offense ―
(a) shall be presumed to be innocent until he is proved or has pleaded guilty;
(b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offense charged;
(c) shall be given adequate time and facilities for the preparation of his defense;
(d) shall be permitted to defend himself before the court in person or by a legal representative of his own choice;
(e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and
(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge and, except with his consent, the trial shall not take place in his absence unless he so conducts himself as to render the proceedings in his presence impracticable and the court has ordered the trial to proceed in his absence.
(3) When a person is tried for any criminal offense, the accursed person or any person authorized by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
(4) No person shall be held to be guilty of a criminal offense on account of any act or omission that did not, at the time it took place, constitute such an offense, and no penalty shall be imposed for any criminal offense that is more severe in degree or nature than the most severe penalty that might have been imposed for that offense at the time when it was committed.
(5) No person who shows that he has been tried by a competent court for a criminal offense and either convicted or acquitted shall again be tried for that offense or for any other criminal offense, save upon the order of a superior court in the course of appeal proceedings relating to the conviction or acquittal.
(6) No person shall be tried for a criminal offense if he shows that he has been granted a pardon for that offense.
(7) No person who is tried for a criminal offense shall be compelled to give evidence at the trial.
(8) Any court or other tribunal prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such court or other tribunal, the case shall be given a fair hearing within a reasonable time.
(9) Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other tribunal, including the announcement of the decision of the court or other tribunal, shall be held in public.
(10) Nothing in subsection (9) shall prevent the court or other tribunal from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court or other tribunal ―
(a) may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of decency, public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or
(b) may by law be empowered or required so to do in the interests of defense, public safety or public order.
(11) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of ―
(a) subsection (2)(a) to the extent that the law in question imposes upon any person charged with a criminal offense the burden of proving particular facts;
(b) subsection (2)(e) to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or
(c) subsection (5) to the extent that the law in question authorizes a court to try a member of a disciplined force for a criminal offense notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment, take into account any punishment awarded him under that disciplinary law.
(12) In this section “criminal offense” means a criminal offense under the law in force in _____.
Protection of freedom of conscience
16. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience and for the purpose of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.
(2) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains.
(3) No religious community shall be prevented from providing religious instruction for persons of that community in the course of any education provided by that community whether or not that community is in receipt of any government subsidy, grant or other form of financial assistance designed to meet, in whole or in part, the cost of such course of education.
(4) Except with his own consent (or, if he is a person who has not attained the age of twenty-one years, the consent of his guardian), no person attending any place of education shall be inquired to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion which is not his own.
(5) No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief.
(6) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision ―
(a) which is reasonably required ―
(i) in the interests of defense, public safety, public order, public morality or public health; or
(ii) for he purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any religion without the unsolicited of members of any other religion; or
(b) with respect to standards or qualifications to be required in relation to places of education including any instruction (not being religious instruction) given at such places.
(7) References in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly.
Protection of freedom of expression
17. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this section the said freedom includes the freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interferences and freedom from interference with his correspondence or other means of communication.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision ―
(a) that is reasonably required in the interests of defense, public safety, public order, public morality or public health; or
(b) that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the administration or technical operation of telephony, telegraphy, posts, wireless broadcasting, television or other means of communication or regulating public exhibitions or public entertainments; or
(c) that imposes restrictions upon public officers or members of a disciplined force.
Protection of freedom of assembly and association
18. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties or to form or belong to trade unions or other associations for the protection of his interests.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision ―
(a) that is reasonably required in the interest of defense, public safety, public order, public morality or public health; or
(b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or
(c) that imposes restrictions upon public officers or members of a disciplined force.
Protection of freedom of movement
19. (1) No person shall be deprived of his freedom of movement, that is to say, the right to move freely throughout _____, the right to reside in any part of _____, the right to enter _____, the right to leave _____ and immunity from expulsion from _____.
(2) Any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section.
(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision ―
(a) for the imposition of restrictions on the movement or residence within _____ of any person or on any person's right to leave _____ that are reasonably required in the interests of defense, public safety or public order;
(b) for the imposition of restrictions on the movement or residence within _____ or on the right to leave _____ of persons generally or any class of persons that are reasonably required in the interests of defense, public safety, public order, public morality or public health;
(c) for the imposition of restrictions on the movement or residence within _____ of any person who is not a citizen thereof or the exclusion or expulsion from _____ of any such person;
(d) for the imposition of restrictions on the acquisition or use of land or other property in _____;
(e) for the imposition of restrictions, on the movement or residence within _____ of any person who is not a citizen thereof or the exclusion or expulsion from _____ of any such person;
(d) for the imposition of restrictions on the acquisition or use of land or other property in _____;
(e) for the imposition of restrictions, by order of a court, on the movement or residence within _____ of any person or on any person's right to leave _____ either in consequence of this having been found guilty of a criminal offense under the law of _____ or for the purpose of ensuring that he appears before a court at a later date for trial for such a criminal offense or for proceedings preliminary to trial or for preceding relating to his extradition or lawful removal from _____;
(f) for the imposition of restrictions upon the movement or residence within ______ or on the right to leave _____ of public officers or members of a disciplined force;
(g) for the removal of persons from _____ ―
(i) to be tried or punished in some other country for a criminal offense under the law of that country;
(ii) to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offense under the law of _____ of which he has been convicted;
(iii) to be detained in an institution in some other country for the purpose of giving effect to the order of a court made in pursuance of a law of _____ relating to the treatment of offenders under a specified age; or
(iv) to be detained for care or treatment in a hospital or other institution in pursuance of a law of _____ relating to persons suffering from defect or disease of the mind; or
(h) for the imposition of restrictions on the right of any person to leave _____ that are reasonably required in order to secure the fulfillment of any obligations imposed on that person by law.
(4) Where a person's freedom of movement is restricted by virtue of such a provision as is referred to in subsection (3)(a), the following provisions shall apply ―
(a) he shall, as soon as reasonably practicable and in any case not more than five days after the commencement of the restriction, be furnished with a statement in writing, in a language that he understands, of the grounds upon which the restriction has been imposed;
(b) not more than fourteen days after the commencement of the restriction, a notification shall be published in the Gazette stating that his freedom of movement has been restricted and giving particulars of the provision of law under which the restriction is authorized;
(c) he may from time to time request that his case be reviewed under paragraph (d) but, where he has made such a request, no subsequent request shall be made before the expiration of three months from the making of the previous request;
(d) where a request is made under paragraph (c), the case shall, within one month of the making of the request, be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among persons entitled to practice in _____ as barristers or solicitors; and
(e) he shall be afforded reasonable facilities to consult and instruct a legal adviser of his own choice, being a person entitled to practice as aforesaid, and he and any such legal adviser shall be parted to make written or oral representations or both to the tribunal appointed for the review of his case.
(5) On any review by a tribunal in pursuance of subsection (4) of the case of any person whose freedom of movement has been restricted the tribunal may make recommendations concerning the necessity of expediency of continuing that restriction to the authority by whom it was ordered, but, unless it is otherwise provided by law, that authority by whom it was ordered, but, unless, it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.
Protection from discrimination on ground of race, etc.
20. (1) Subject to the provisions of this section ―
(a) no law shall make any provision that is discriminatory either of itself or in its effect; and
(b) no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.
(2) In this section the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, color or creed whereby persons of one such description are subjected to disabilities or restrictions to which person of another such description are not made subject or are accorded privileges or advantages which are not afforded to persons of another such description.
(3) Subsection (1)(a) shall not apply to any law so far as that law makes provision ―
(a) with respect to persons who are not citizens of _____;
(b) with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law; or
(c) whereby person of any such description as is mentioned in subsection (2) may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable;
(4) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1)(a) to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, place of origin, political opinion, color or creed) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, or any office in the service of a local government authority or of a body corporate established by any law for public purposes.
(5) Subsection (1)(b) shall not apply to anything which is expressly or by necessary implication authorized to be done by any such provision of law as is referred to in subsection (3) or (4).
(6) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (2) may be subjected to any restriction on the rights and freedoms guaranteed by sections 14, 16, 17, 18 and 19, being such a restriction as is authorized by subsection (2) of section 14, subsection (6) of section 16, subsection (2) of section 17, subsection (2) of section 18, or subsection (3) of section 19, as the case may be.
(7) Subsection (1)(b) shall not affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by this Constitution or any other law.
Fundamental rights and freedoms additional to other rights
21. The rights, duties, declarations and guarantees relating to the fundamental and other human rights and freedoms specifically mentioned in this Chapter shall not be regarded as excluding others not specifically mentioned.
Enforcement of protective provisions
22. (1) Subject to the provisions of subsection (6), if any person alleges that any of the provisions of sections 9 to 20, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.
(2) The High Court shall have original jurisdiction ―
(a) to hear and determine any application made by any person in pursuance of subsection (2); and
(b) to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3) and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 9 to 20:
Provided that the High Court shall not exercise its powers under this subsection if it is satisfied that adequate means of redress are or have been available to the person concerned under any other law.
(3) If in any proceedings in any court subordinate to the High Court any question arises as to the contravention of any of the provisions of sections 9 to 20, the person presiding in that court shall refer the question to the High Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.
(4) Where any question is referred to the High Court pursuance of subsection (3), the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal under this Constitution to the Court of Appeal, in accordance with the decision of the Court of Appeal.
(5) Parliament may confer upon the High Court such powers in addition to those conferred by this section as may appear to Parliament to be necessary or desirable for the purpose of enabling the High Court more effectively to exercise the jurisdiction conferred upon it by this section.
(6) Parliament may make provision with respect to the practice and procedure ―
(a) of the High Court in relation to the jurisdiction and powers conferred upon it by or under this section;
(b) of the High Court and the Court of Appeal in relation to appeals to the Court of Appeal from decisions of the High Court in the exercise of such jurisdiction; and
(c) of subordinate courts in relation to references to the High Court under subsection (3) including provision with respect to the time within which any application, reference or appeal shall or may be made or brought; and, subject to any provision so made, provision may be made with respect to the matters aforesaid by rules of court.
(7) In this section “the Court of Appeal” has the same meaning as it has in section 87.
Time of emergency
22. (1) In this Chapter “period of public emergency” means any period during which ―
(a) _____ is engaged in any war; or
(b) there is in force a proclamation by the State President declaring that a state of public emergency exists; or
(c) there is in force a resolution of each House supported by the votes of not less than two-thirds of all the members of that House declaring that democratic institutions in _____ are threatened by subversion.
(2) A proclamation made by the State President shall not be effective for the purposes of subsection (1) unless it is declared therein that the State President is satisfied ―
(a) that a public emergency has arisen as a result of the imminence of a state of war between _____ and another State or as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease or other calamity, whether similar to the foregoing or not; or
(b) that action has been taken or is immediately threatened by any person of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community, or any substantial portion of the community, of supplies or services essential to life.
(3) A proclamation made by the State President for the purposes of this section shall, unless previously revoked, remain in force for one month or for such longer period, not exceeding six months, as the House of Assembly may determine by a resolution supported by the votes of a majority of all the members of that House:
Provided that any such proclamation may be extended from time to time for a further period not exceeding six months by resolution passed in like manner and may be revoked at any time by resolution supported by the votes of a majority of all the members of the House of Assembly.
(4) A resolution passed by a House for the purposes of subsection (1)(c) may be revoked at any time by a resolution of that House supported by the votes of a majority of all the members thereof.
CHAPTER IV
CITIZENSHIP
Citizenship by birth
23. (1) The following persons are citizens of _____ by birth ― namely ―
(a) every person born in _____ before the date of independence, either of whose parents or any of whose grandparents belongs or belonged to a community indigenous to _____;
Provided that a person shall not become a citizen of _____ by virtue of this section if neither of his parents nor any of his grandparents was born in ______.
(b) every person born in ______ after the date of independence either of whose parents or any of whose grandparents is a citizen of ______; and
(c) every person born outside ______ either of whose parents is a citizen of ______.
(2) In this section, “the date of independence” means the 1st day of October 1960.
Citizenship by registration
24. (1) Subject to the provisions of section 26 of this Constitution, a person to whom the provisions of this section apply may be registered as a citizen of _____, if the State President is satisfied that ―
(a) he is a person of good character;
(b) he has shown a clear intention of his desire to be domiciled in _____; and
(c) he has taken the Oath of Allegiance prescribed in the Seventh Schedule to this Constitution.
(2) The provisions of this section shall apply to ―
(a) any woman who is or has been married to a citizen of ______; or
(b) every person of full age and capacity born outside ______ any of whose grandparents is a citizen of _____.
Citizenship by naturalization
25. (1) Subject to the provisions of section 26 of this Constitution, any person who is qualified in accordance with the provisions of this section may apply to the State President for the same of a certificate of naturalization.
(2) No person shall be qualified to apply for the grant of a certificate or naturalization, unless he satisfies the State President that ―
(a) he is a person of full age and capacity;
(b) he is a person of good character;
(c) he has shown a clear intention of his desire to be domiciled in _____;
(d) he is, in the opinion of the administrator of the province where he is or he proposes to be resident, acceptable to the local community in which he is to live permanently, and has been assimilated into the way of life of _____ in that part of the Republic;
(e) he is a person who has made or is capable of making useful contribution to the advancement, progress and well-being of _____;
(f) he has taken the Oath of Allegiance prescribed in the Seventh Schedule to this Constitution; and
(g) he has, immediately preceding the date of his application, either ―
(i) resided in _____ for a continuous period of fifteen years; or
(ii) resided in ______ continuously for a period of twelve months, and during the period of twenty years immediately preceding that period of twelve months has resided in _____ for periods amounting in the aggregate to not less than fifteen years.
Dual citizenship
26. (1) Subject to the other provisions of this section, a person shall forfeit forthwith his _____ citizenship if, not being a citizen of _____ by birth, he acquires or retains the citizenship or nationality of a country, other than _____, of which he is not a citizen by birth.
(2) Any registration of a person as a citizen of _____ or the grant of a certificate of naturalization to a person who is a citizen of a country other than ______ at the time of such registration or grant shall, if he is not a citizen by birth of that other country, be conditional upon effective renunciation of the citizenship or nationality of that other country within a period of not more than five months from the date of such registration or grant.
Renunciation of citizenship
27. (1) Any citizen of _____ of full age who wishes to renounce his _____ citizenship shall make a declaration in the prescribed manner for the renunciation.
(2) The State President shall cause the declaration made under subsection (1) of this section to be registered and upon such registration, the person who made the declaration shall cease to be a citizen of _____.
(3) The State President may withhold the registration of any declaration made under subsection (1) of this section if ―
(a) the declaration is made during any war in which _____ is physically involved; or
(b) in his opinion, it is otherwise contrary to public policy.
(4) For the purposes of subsection (1) of this section ―
(a) “full age” means the age of twenty-one years and above;
(b) any woman who is married shall be deemed to be of full age.
Deprivation of citizenship
28. (1) The State President may deprive a person, other than a person who is a citizen of _____ by birth or by registration, of his citizenship, if he is satisfied that such a person has, within a period of seven years after becoming naturalized, been sentenced to imprisonment for a term of not less than three years.
(2) The State President shall deprive a person, other than a person who is citizen of _____ by birth, of his citizenship, if he is satisfied from the records of proceedings of a court of law or other tribunal or after due inquiry in accordance with regulations made by him, that ―
(a) the person has shown himself by act or speech to be disloyal towards the Republic of _____; or
(b) the person has, during any war in which _____ was engaged, unlawfully traded with the enemy or been engaged in or associated with any business that was in the opinion of the State President carried on in such a manner as to assist the enemy of ______ in that war, or unlawfully communicated with such enemy to the detriment of or with intent to cause damage to the interest of _____.
Persons deemed to be ______ citizens
29. For the purposes of this Chapter, a parent or grandparent of a person shall be deemed to be a citizen of _____ if at the time of the birth of that person such parent or grandparent would have possessed that status by birth if he had been alive on the date of independence; and in this section, “the date of independence” has the meaning assigned to it in section 23(2) of this Constitution.
Power to make regulations
30. (1) The State President may make regulations, not inconsistent with this Chapter, prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Chapter, and for granting special immigrant status with full residential rights to non-_____ spouses of citizens of _____ who do not wish to acquire ______ citizenship.
(2) Any regulations made by the State President pursuant to the provisions of this section shall be laid before the Legislature.
CHAPTER V
PART I
THE LEGISLATURE
Legislative power
31. The legislative power of _____ shall be vested in the Legislature which shall consist of the State President and the Parliament.
The Parliament
32. The Parliament of _____ shall consist of a Senate and a House of Assembly.
PART II
THE SENATE
Constitution of Senate
33. (1) The Senate shall consist of ―
(a) ten senators nominated by the State President of whom two shall be nominated from each province; and
(b) so many senators, but not less than ten, in the case of each province as are equal to one-tenth of the number of the electoral divisions into which that province has at the last delimitation under this Constitution, for the election of members of the House of Assembly been divided, together with the electoral divisions into which that province has been so divided for the election of provincial councillors.
(2) Where in the case of any province the figure to be divided by ten for the purpose of determining the number of senators to be elected in respect of that province in terms of paragraph (b) of subsection (1) is not a multiple of ten, that figure shall for the said purpose be assumed to be the lowest multiple of ten above the said figure.
(3) The senators referred to in paragraph (b) of subsection (1) shall in the case of each province be elected jointly by the members of the provincial council of such province together with the members of the House of Assembly elected for such province.
Nominated senators
34. (1) The senators nominated by the State President in terms of section 33(1)(a) shall, subject to the provisions of section blah, hold their seats for five years.
(2) The State President shall when nominating senators have regard to the desirability of ensuring that the Senate will as far as practicable consist of persons having knowledge of matters affecting the various interests of the inhabitants of the Republic.
(3) If the seat of a senator so appointed becomes vacant, the State President shall nominate another person to hold the seat until the completion of the period for which the person in whose stead he is appointed, would have held the seat.
(4) If there are no elected senators with the legal qualifications referred to in section 40(3) or the number of elected senators with such legal qualifications is not sufficient for the purposes of that section, the State President shall appoint, in terms of section 33(1)(a), as senators one or more persons who have such legal qualifications as may be required for the purposes of section 40(3).
Elected senators
35. (1) The senators elected under section 33(1)(b) shall hold their seats for five years unless the Senate be sooner dissolved.
(2) If the seat of an elected senator becomes vacant, the the members of the provincial council of the province, together with the members of the House of Assembly elected for such province, shall elect a person to hold the seat until the completion of the period for which the person in whose stead he is elected, would have held the seat.
(3) The election of senators shall take place according to the principle of proportional representation, each voter having one transferable vote.
(4) The State President may make regulations in regard to the election of senators under this Constitution, including regulations prescribing the method of voting and of transferring and counting votes and the duties of returning officers in connection with such elections.
Standing committees of Senate
36. The Senate may from time to time establish standing committees as it may deem fit, and any Minister or Deputy Minister may at any time with due regard to the Standing Orders of the Senate, move that any matter be referred to such a committee for investigation and report.
Announcing of legislation intended to be introduced in Senate
37. The Prime Minister or any Minister acting on his behalf shall at the commencement of each session and may from time to time during the course of any session of Parliament as circumstances may require, make known what bills are to be introduced in the Senate during that session.
Dissolution of the Senate and vacation of seats by nominated senators in certain circumstances
38. (1) Notwithstanding anything contained in this Constitution or any other law the State President may ―
(a) at any time by proclamation in the Gazette dissolve the Senate simultaneously with the House of Assembly;
(b) dissolve the Senate at any time within one hundred and twenty days of any dissolution of the House of Assembly or the expiry of the term of office of a provincial council under section _____.
(2) Upon any such dissolution of the Senate all the members of the Senate shall vacate their seats.
(3) Any senator nominated in terms of section 33(1)(a) of this Constitution shall, subject to the provisions of this Constitution and any other law, vacate his seat if the Prime Minister vacates his office and another person becomes Prime Minister and the State President publishes a notice in the Gazette that a change of Government has occurred.
Qualifications of senators
39. No person shall be qualified to be a senator under this Constitution unless —
(a) he is a citizen of _____;
(b) he has attained the age of 30 years;
(c) he is qualified for registration as a voter for the purposes of the election of members of the House of Assembly and is so registered;
(d) he possesses the qualifications specified in section _____;
(e) he is not subject to any of the disqualifications specified in section _____; and
(f) he has been domiciled in _____ for a period of at least five years.
The Senate Legal Committee
40. (1) After a general election and as soon as practicable after the election of the President of the Senate in terms of section 41 and the election of the Deputy President of the Senate in terms of section 43 the President of the Senate shall, subject to the provisions of this section, appoint a committee to be known as the Senate Legal Committee.
(2) The Senate Legal Committee shall consist of such number of senators as the State President may determine and the State President may, at any time after the appointment of the Senate Legal Committee, direct that the membership thereof shall be increased or decreased, as the case may be, by such number as he may specify:
Provided that at no time shall the Senate Legal Committee consist of less than three members.
(3) A majority of the members of the Senate Legal Committee shall consist of persons holding such legal qualifications as may be prescribed by a law of the Legislature for the purposes of this section.
Election of President of Senate
41. (1) At such time on such day as may be fixed by the Secretary to Parliament, being a day not later than the day fixed in terms of section _____ for the first meeting of Parliament after a general election, and, before the Senate proceeds to the dispatch of any other business, the Senate shall elect a person to be the President of the Senate and, whenever the office of the President of the Senate becomes vacant otherwise than by reason of the dissolution of Parliament, the Senate shall not transact any other business until a person to fill that office has been elected.
(2) The President of the Senate shall be elected in accordance with the Standing Orders, either from among the members of the Senate or the House of Assembly who are neither Ministers nor Deputy Ministers, or from among persons who are not members of the Senate or the House of Assembly:
Provided that a person who is not a member of the Senate shall not be elected President of the Senate unless, in terms of the Electoral Law, he possesses the qualifications and none of the disqualifications for election as a senator.
(3) Before a person who has been elected as the President of the Senate enters upon the duties of his office, he shall, unless he has already done so in accordance with the provisions of section _____, take and subscribe before the Senate the oath of loyalty in the form set out in the First Schedule.
Tenure of office of President of Senate
42. (1) The President of the Senate may at any time resign his office either by announcing his resignation in person to the Senate or by notice in writing to the Secretary to Parliament.
(2) The President of the Senate shall vacate his office ―
(a) on the dissolution of Parliament next following his election; or
(b) if he becomes a Minister or a Deputy Minister; or
(c) if he is elected or appointed as a senator; or
(d) if he is elected as a member of the House of Assembly or as the Speaker; or
(e) if any circumstances arise that, if he had been a senator ―
(i) the provisions of paragraph (e), (f) or (g) of subsection (1) of section _____ would apply to him and his seat as a senator would become vacant; or
(ii) he would be required, by virtue of the provisions of section _____, to cease to exercise any of his functions as a senator.
(3) The office of the President of the Senate shall become vacant if the Senate, by an affirmative vote of not less than two-thirds of the total membership of the Senate, resolves that the office of the President of the Senate shall become vacant.
Election of Deputy President of Senate
43. (1) After a general election and as soon as practicable after the election of the President of the Senate in terms of section 41, the Senate shall elect a senator, not being a Minister or a Deputy Minister, to be the Deputy President of the Senate and to be chairman when the Senate is in Committee and, whenever the office of the Deputy President of the Senate becomes vacant otherwise than by reason of a dissolution of Parliament, the Senate shall as soon as convenient elect another such senator to that office.
(2) The Deputy President of the Senate shall be elected in accordance with the Standing Orders.
(3) The Deputy President may at any time resign his office by notice in writing to the Secretary to Parliament and shall vacate his office ―
(a) if he ceases to be a senator; or
(b) if he is required by virtue of the provisions of section _____ or _____ to cease to exercise any of his functions as a senator; or
(c) if he becomes a Minister or a Deputy Minister.
