THE OFFICE OF HEAD OF STATE IT’S IMPORTANCE AND RESPONSIBILITIES

The office of Head of State carries with it duties, responsibilities and protocol which are significant in themselves and a very important aspect of our Caribbean heritage.

ESTABLISHMENT OF OFFICE

There shall be a President of the Commonwealth of Dominica who shall be elected by the House and shall hold office for a term of five years. The President shall have such functions as are prescribed by the Constitution and such additional functions (if any) as may be prescribed by Parliament: Provided that no such additional functions shall be conferred upon him without his consent signified by writing under his hand addressed to the Speaker.

ELECTION OF PRESIDENT

Whenever the office of President is vacant or the term of office of the President is due to expire within not more than ninety days, the Prime Minister shall consult with the Leader of the Opposition as to their joint nomination of a suitable candidate for election as President.

If the Prime Minister and the Leader of the Opposition submit to the Speaker by writing under their hands a joint nomination of a candidate for election as President to which that candidate has consented, the Speaker shall inform the House of the nomination, and declare that candidate to have been duly elected without putting the question to the vote.

If the Prime Minister is unable to agree with the Leader of the Opposition as to their joint nomination of a candidate for election as President, he shall notify the Speaker to that effect and the Speaker shall inform the House accordingly.

The Prime Minister or the Leader of the Opposition or any three members of the House may, during the period expiring fourteen days after the day on which the House has been so informed, submit to the Speaker by writing under their hands nominations of candidates for election as President and the Speaker shall at the first meeting of the House after the expiration of that period and before the House proceeds to any other business inform the House of the nominations he has received and to which the candidates concerned have consented.

An election of the President at which the candidates shall be those of whose nomination the House has been informed by the Speaker, shall thereafter be held at the meeting of the House referred to in Paragraph (2) above (of if proceedings under section 22 of the Constitution - determination of questions as to qualifications are pending before the Court of Appeal, at a meeting of the House held as soon as it is practicable after those proceedings) and the Speaker shall declare the candidate who has at that election received the votes of a majority of all the members of the House to have been duly elected.

Provided that when the question of the election of the President is put to the vote, the votes shall be given by ballot in such a manner as not to disclose how any particular member of the House votes.

Where the only candidate for election under Paragraph (3) above does not receive the votes of a majority of all the members of the House, the Speaker shall inform the House accordingly and a new election shall be held to which the provisions of Paragraphs (2) and (3) above shall, mutatis mutandis, apply.

The scope of the office does not include the executive functions of Government, yet the position is more than symbolic, and is in fact, central to the successful running of Government. This ultimately makes the office significant.

THE PERSONALITY OF THE PRESIDENT

The personality of the Head of State can be viewed from two main angles, the political arena and the public viewpoint.

In the former instance the President must be non-partisan with a special endowment to be objective in coming to a resolution on any matter. He should be able to effect consensus between political parties when no one else can. He is a symbol of national unity.

Where the general public is concerned, the President has to be a role model a person greatly esteemed with exceptional moral rectitude and high ethical standards. He also has to be a person of intellectual capacity who will know what he does not know and knows where to seek knowledge.

He must not be easily swayed by public opinion, but has the ability to listen and weigh carefully what is put before him before he acts. He must not be insensitive to the causes of the people.

He should have the capacity to be at ease at all levels of society and at the same time everybody should feel comfortable with him without violating the dignity of the office. A President has to be a people person who is sensitive to the needs and aspirations of the people. He must have the unusual ability to reprove people when they are wrong, yet understanding that he must be the person who is merciful.

He must understand the philosophies of the various societies, organizations and institutions that do so much to bring relief and show brotherly love. He must be humanitarian. He must be a public speaker with a public image that is above reproach.

THE RESPONSIBILITIES

The responsibilities of the office of the President can be examined in three distinct areas namely:

• Constitutional functions
  
  
• Ceremonial functions
  
  
• Community services

The Constitution has defined the powers of the President. The Constitution establishes rules governing the exercise of the President’s functions:-

• He appoints the Prime Minister who is the member of the House of Assembly who appears to him likely to command the support of the elected majority of the House;
  
  
• Acting in accordance with the advice of the Prime Minister, he appoints Ministers from among the Members of the House;
  
  
• He shall remove the Prime Minister from office if a resolution of no confidence in the Government is passed by the House and the Prime Minister does not within three days either resign from his office or advise him to dissolve Parliament.

If at any time between the holding of General Elections of Representatives and the first meeting of the House thereafter the President considers that in consequence of changes in the membership of the House resulting from that election and of any general election of Senators, the Prime Minister will not be able to command the support of the majority of the elected members of the House the President may remove the Prime Minister from office.

Whenever the Prime Minister is absent from Dominica or by reason of illness is unable to perform the functions conferred upon him by the Constitution, the President may authorise some other Minister to perform those functions (other than the functions conferred by Section 62 of the Constitution) and that Minister may perform those functions until his authority is revoked by the President.

• Whenever a Minister other than the Prime Minister is absent from Dominica or is within Dominica but by leave of the President is not performing the functions of his office or by reason of illness is unable to perform those functions, the President may authorise some other Minister to perform those functions, or may appoint a member of the House to be a temporary Minister in order to perform those functions; and that Minister or temporary Minister may perform those functions until his authority or, as the case may be, his appointment is revoked by the President;
  
  
• The powers of the President in respect of the foregoing shall be exercised by him in accordance with the advice of the Prime Minister;

Provided that if the President, acting in his own deliberate judgment, considers that it is impracticable to obtain the advice of the Prime Minister owing to his absence or illness he may exercise those powers without that advice and in his own deliberate judgment.

• In the exercise of his functions the President shall act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet except in cases where he is required by the Constitution or any other law to act in accordance with the advice of, or after consultation with, any person or authority other than the Cabinet.

Provided that the foregoing shall not apply where the President is authorised to act in his own deliberate judgment in accordance with the following provisions of the Constitution -

• Section 56 (which relates to the Constituency Boundaries Commission and the Electoral Commission;
  
  
• Section 59 and 62 (which relate to Ministers;
  
  
• Section 66 (which relates to the Leader of the Opposition);
  
  
• Section 85 (which relates to the appointment, etc., of Public Officers);
  
  
• Section 87 (which relates to the Chief Elections Officer) and;
  
  
• Section 93 (which relates to the Public Service Board of Appeal).

Opposition within the time within which it may be necessary for him to act, he may act without that advice and in his own deliberate judgment in the exercise of any power conferred upon him by the Constitution in respect of which it is provided that he shall act on the advice of, or after consultation with, the Leader of the Opposition.

Nothing in Paragraph (1) above shall require the President to act in accordance with the advice of the Cabinet or a Minister in exercise of the functions conferred upon him by the following provisions of the Constitution:-

• The proviso to Section 54(4) (which requires the President to dissolve Parliament in certain circumstances);
  
  
• Section 59 (6) (which requires the President to remove the Prime Minister from office in certain circumstances);
  
  
• Section 64 (which entitles the President to information);
  
  
• Section 56 (5), 66 (4), 84 (6), 87 (7), 88 (8), 89 (7), 93 (5) and 108 (7) (which require the President to remove the holders of certain offices from office in certain circumstances).

The Prime Minister shall keep the President fully informed concerning the general conduct of the Government of Dominica and shall furnish the President with such information as he may request with respect to any particular matter relating to the Government of Dominica.

Ministerial responsibility in no way detracts from the importance of the President’s role in the smooth working of Government. The Leader of the Opposition shall be appointed by the President;

Whenever there is occasion for the appointment of a Leader of the Opposition the President shall appoint the elected member of the House who appears to him most likely to command the support of a majority of the elected members of the House who do not support the Government: or, if no elected member of the House appears to him to command such support, the elected member of the House who appears to him to command the support of the largest single group of members of the House who do not support the Government.

Provided that if a member of the House was elected at a general election in which he stood as a supporter of a political party and the majority of members of the House elected at that time (whether as Representatives or Senators) stood as supporters of that party, he shall, so long as he remains a member of the House by virtue of that election, not be eligible for appointment as Leader of the Opposition.

If occasion arises to appoint a Leader of the Opposition during the period between a dissolution of Parliament and the day on which the ensuing election of Representatives is held, an appointment may be made as if Parliament had not been dissolved.

If it appears to the President that the Leader of the Opposition is no longer able to command the support of a majority of the elected members of the House who do not support the Government or (if no elected member of the House appears to him to be able to command such support) the support of the largest single group of members of the House who do not support the Government, he shall remove the Leader of the Opposition from office.

The powers of the President shall be exercised by him in his own deliberate judgment.

The President may:-

• Grant a pardon, either free or subject to lawful conditions, to any person convicted of any offence;
  
  
• Grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence;
  
  
• Substitute a less severe form of punishment for any punishment imposed on any person for any offence; or
  
  
• Remit the whole or any part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Government of Dominica on account of any offence.

The powers of the President in respect of the above shall be exercised by him in accordance with the advice of such Minister as may from time to time be designated by him, acting in accordance with the advice of the Prime Minister.

The President acting in accordance with the advice of the Prime Minister appoints the Advisory Committee on the Prerogative of Mercy which shall consist of:

• The designated Minister who shall be Chairman;
  
  
• The Attorney General;
  
  
• not more that four other members appointing by writing under his hand.

The President may at any time prorogue or dissolve Parliament.

In the exercise of his power to dissolve Parliament, the President shall act in accordance with the advice of the Prime Minister: Provided that if the office of the Prime Minister is vacant and the President, acting in his own deliberate judgment, considers that there is no prospect of his being able within a reasonable time to appoint to that office a person who can command the support of the majority of the elected Members of the House, the President shall dissolve Parliament.

The President appoints Senators (Five) acting in accordance with the advice of the Prime Minister and (four) acting in accordance with the advice of the Leader of the Opposition.

He appoints the members of the Constituency Boundaries Commission (except the Speaker as Chairman); two (2) on the advice of the Prime Minister and two (2) on the advice of the Leader of the Opposition.

He appoints the Members of the Electoral Commission:-

• The Chairman; acting in his own deliberate judgment;
  
  
• Two members acting in accordance with the advice of the Prime Minister; and
  
  
• Two members acting in accordance with the advice of the Leader of the Opposition.

He appoints the following Commissions:-

• The Public Service Commission;
  
  
• The Police Service Commission:
  
  
  • a Chairman and a deputy Chairman acting in accordance with the advice of the Prime Minister;
    
    
  • two members, acting in accordance with the advice of the Prime Minister, from amongst persons selected by the appropriate representative body; and
    
    
  • not more than three other members, acting in accordance with the advice of the Prime Minister;.

Before tendering advice to the President for purposes of Sub Paragraphs (1) and (2) above the Prime Minister shall consult the Leader of the Opposition.

He makes appointments to particular offices in accordance with the advice of the Public Service Commission:

• Secretary to the Cabinet, Permanent Secretaries head of a department of Government, deputy head of department of Government, Clerk of the House, any office for the time being designated by the Public Service Commission as an office of a chief professional adviser to a department of Government and any office for the time being designated by the Commission, after consultation with the Prime Minister, as an office the holders of which are required to reside outside Dominica for the proper discharge of their functions or as an office in Dominica whose functions relate to external affairs.
  
  
• The Director of Audit; (Acting Director)
  
  
• The Director of Public Prosecutions; (Acting Director)
  
  
• The Chief Elections Officer and Acting Officer after consultation with the Electoral Commission;
  
  
• The Chief of Police and the Deputy Chief of Police in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition and the Police Service Commission;

He appoints:

• The Public Service Board of Appeal;
  
  
• One member; acting in his own deliberate judgment, who shall be chairman;
  
  
• One member, acting in accordance with the advice of the Prime Minister; and
  
  
• One member, acting in accordance with the advice of the appropriate representative body.
  
  
• The Parliamentary Commissioner and the Deputy Parliamentary Commissioner after consultation with the Prime Minister and the Leader of the Opposition.

The President acting on the advice of the Prime Minister may by directions in writing assign to the Prime Minister and other Ministers responsibility for any business of government including the administration of any department of Government.

Provided that responsibility for finance shall be assigned to a Minister who is an elected member of the House.

He appoints Parliamentary Secretaries from among Members of the House acting on the advice of the Prime Minister.

LEGISLATIVE POWERS

When Bills are passed by the House of Assembly, they are submitted to the President for his assent; he then causes them to be published in the Official Gazette as Law. If however the Bill is for raising or spending money, it shall not be proceeded with except on the recommendation of the President signified by a Minister.

CEREMONIAL DUTIES OF THE PRESIDENT

As Head of State the President is obliged to take part in public ceremonies. This role includes duties such as the opening of new sessions of Parliament, in holding honour investitures, receiving the Credentials of Ambassadors, High Commissioners, welcoming visiting Heads of State hosting and participating in other civil ceremonies.

The President provides non-partisan leadership in the community. He acts as patron of many organizations – the Dominica Red Cross Society, the Dominica Council on Aging, the Dominica Association of Disabled People, the Museum Trust, the Dominica Legion of the British Commonwealth Ex Service League.

The President is also Patron of the Scout Association of Dominica and he is also the Chief Scout. The sponsorship of patronage of the President indicates that an organization is worthy of his support. Other activities at the community level include the opening of buildings, launching special events and appeals, delivering addresses, visiting hospitals and schools and accepting ex-offcio responsibilities.

CONCLUSION

The above range of responsibilities would suggest that the Office of Head of State is a very important one as these duties are vital to maintaining the nation’s political unity and guaranteeing the constitutional powers. But the significance of the Office is far greater than that and can in no way be combined with the responsibilities of any other high office or function.

One of the paramount functions of the Office is to influence political thought and institutional direction in the national interest.

In this regard the President serves as a mediator in times of national crisis and should be instrumental in preparing the nation to co-operate with the government’s policies and programmes. This leaves no room for the Head of State to be regarded as a ‘rubber stamp’ because his sphere of influence has far reaching implications.

Another important aspect of the Office is the fact that the Head of State being independent of political parties, represents the nation as a whole. This neutrality is crucial to the integrity of the Office and can be a sensitive issue at the community level of service.