Constitution St-Kitts-Nevis - ICRC

1983 Saint Kitts and Nevis Constitution
Page 73 of 106
112.- The High Court shall, to the exclusion of any other court of law have original jurisdiction in
any dispute between the Administration and the Government if and in so far as the dispute involves
any question (whether of law or fact) on which the existence or extent of a legal right depends.
Separation of Nevis from Saint Christopher.
113.- (1) The Nevis Island Legislature may provide that the island of Nevis shall cease to be
federated with the island of Saint Christopher and accordingly that this Constitution shall no longer
have effect in the island of Nevis.
(2) A bill for the purposes of subsection (1) shall not be regarded as being passed by the Assembly
unless on its final reading the bill is supported by the votes of not less than two-thirds of all the
elected member of the Assembly and such a bill shall not be submitted to the Governor-General for
his assent unlessa)
there has been an interval of not less than ninety days between the introduction of the bill in the
Assembly and the beginning of the proceedings in the Assembly on the second reading of the bill,
b) after it has been passed by the Assembly, the bill has been approved in a referendum held in the
island of Nevis by not less than two-thirds of all the votes validly cast on that referendum; and
c) full and detailed proposal for the future constitution of the island of Nevis (whether as a separate
states or as part of or in association with some other country) have been laid before the Assembly for
at least six months before the holding of the referendum and those proposals, with adequate
explanations of their significance, have been made available to the persons entitled to vote on the
referendum at least ninety days before the holding of the referendum.
(3) Every person who, at the time when the referendum is held, would be entitled to vote at elections
of representatives held in the island of Nevis shall be entitled to vote on a referendum held for the
purposes of this section in accordance with such procedure as may be prescribed by the Nevis Island
Legislature for the purpose of the referendum and no other person shall be entitled so to vote.
(4) In any referendum for the purposes of this section the votes shall be given by ballot in such
manner as not to disclose how any particular person votes.
(5) The conduct of any referendum for the purposes of this section shall be the responsibility of the
Supervisor of Elections and the Provisions of subsection (4), (5) and (7) of section 34 shall apply in
relation to the exercise by the Supervisor of Elections or by any other officer of his function with
respect to a referendum as they apply in relation to the exercise of his functions with respect to
elections of Representatives.
(6) There shall be such provisions as may be made by the Nevis Island Legislature to enable
independent and impartial persons nominated by an international authority to observe the conduct of
a referendum for the purposes of this section and to make reports on the conduct or results of the
referendum to the Governor-General, who shall cause any such reports to be published, and for that
purpose any such persons shall be accorded such powers, privileges and immunities as may be
prescribed by or under any a law enacted by Parliament or, subject thereto, by or under any law
enacted by the Nevis Island Legislature.
(7) A bill for the purposes of subsection (1) shall not be submitted to the Governor-General for his
assent unless it is accompanied by a certificate under the hand of the president of the Assembly that
the provisions of subsection (2) have been complied with and a certificate under that hand of the
Supervisor of Elections stating the results of the referendum.
http://www.georgetown.edu/pdba/Constitutions/Kitts/kitts83.html
27.09.2005