Bahamas

Population Statistics

324,597

Total Population

48,690

Population with a disability

according to World Health Organization’s 15% estimate

Election Dates

28 September 2015

Ratified the Convention on the Rights of Persons with Disabilities


Constitution of the Commonwealth of the Bahamas (1973, last amended 2002)

Updated: June 2015

Section 34 states:

(1) Whenever the Governor-General-

  • (a) has occasion to be absent from The Bahamas for a period which he has reason to believe will be of short duration; or
  • (b) is suffering from an illness that he has reason to believe will be of short duration, he may, acting in accordance with the advice of the Prime Minister, by instrument under the Public Seal, appoint any person in The Bahamas to be his deputy during such absence or illness and in that capacity to perform on his behalf such of the functions of the office of Governor-General as may be specified in that instrument.

(2) The power and authority of the Governor-General shall not be abridged, altered or in any way affected by the appointment of a deputy under this Article, and in the exercise of any function that is exercisable by the Governor-General acting in accordance with his own deliberate judgment or after consultation with any person or authority a deputy shall conform to and observe any instructions that the Governor-General, acting in like manner, may address to him.

 

Section 42, subsection (1) states:

No person shall be qualified to be appointed as a Senator who:…

  • (f) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in the Bahamas.

 

Section 43, subsection (3) states:

If the circumstances such as are referred to in subparagraph (1)(f) of this Article arise because a Senator is…adjudged to be of unsound mind….he shall forthwith cease to perform his functions as a Senator…


Section 48, subsection (1) states:

No person shall be qualified to be elected as a member of the House of Assembly who:…

  • (e) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in the Bahamas.

 

Section 49, subsection (2) states:

If circumstances such as are referred to in subparagraph (1)(e) of this Article arise because any member of the House is under sentence of death or imprisonment, declared bankrupt, adjudged to be of unsound mind or convicted of an offence relating to elections and it is open to the member to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a member of the House but, subject to paragraph (3) of this Article, he shall not vacate his seat until the expiration of a period of thirty days thereafter…

 

Section 75 states:

(1) Whenever the Prime Minister is absent from The Bahamas or is unable by reason of illness or of the provisions of paragraph (4) of Article 74 of this Constitution to perform the functions conferred upon him by this Constitution, the Governor-General may authorise some other member of the Cabinet to perform those functions (other than the functions conferred by this Article) and that member may perform those functions until his authority is revoked by the Governor-General.

(2) The powers of the Governor-General under this Article shall be exercised by him in accordance with the advice of the Prime Minister: Provided that if the Governor-General considers that it is impracticable to obtain the advice of the Prime Minister owing to his absence or illness, or if the Prime Minister is unable to tender advice by reason of the provisions of paragraph (4) of Article 74 of this Constitution, the Governor-General may exercise those powers without the advice of the Prime Minister.

 

Section 76, subsection (1) states:

Whenever a Minister other than the Prime Minister is unable, by reason of his illness or absence from The Bahamas or absence from his duties on leave, to perform the functions of his office, the Governor-General may, in writing, authorise another Minister to perform those functions or appoint a person to be a temporary Minister: Provided that if occasion arises for the making of an appointment between a dissolution of Parliament and the next following general election, the preceding provisions of this Article shall have effect for the purpose as if Parliament had not been dissolved.

 

Section 116, subsection (5) states:

If the office of Chairman of the Judicial and Legal Service Commission is vacant or the holder thereof is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be performed by such one of the other members of the Commission as may be for the time being be designated in that behalf by the Governor-General, acting on the recommendation of the Chief Justice, or, if he is for any reason incapacitated from making a recommendation, of the other Justice of the Supreme Court or Justice of Appeal who is a member of the Commission.

 

Excerpts from the Constitution of the Commonwealth of the Bahamas (1973, last amended 2002)

Parliamentary Elections Act (2008, last amended 2011)

Updated: June 2015

Section 29, subsection (6) states:

Where any member of the Council is unable, by reason of ill health or for any other reason, to perform the functions of his office the Governor-General may in accordance with the manner provided by subsection (3) appoint a person to act as a temporary member of the Council and authorize him to perform the functions of that office.

 

Excerpt from the Parliamentary Elections Act (2008, last amended 2011)