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the draft constitution of the commonwealth of grenada

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CHAPTER III<br />

HEAD OF STATE – THE PRESIDENT<br />

Office <strong>of</strong> President<br />

and Head <strong>of</strong> State<br />

Qualifications<br />

Disqualifications<br />

Determination <strong>of</strong><br />

certain questions<br />

Exercise <strong>of</strong><br />

President’s<br />

functions<br />

30. The Office <strong>of</strong> Head <strong>of</strong> State shall vest in a President<br />

who shall also be Head <strong>of</strong> <strong>the</strong> Police Force, <strong>the</strong> Prison and Fire<br />

Services, and <strong>of</strong> any armed forces or o<strong>the</strong>r military or para-military<br />

units that may be established by Parliament; and who shall receive<br />

his or her appointment for a period <strong>of</strong> ten (10) years, at <strong>the</strong> hand <strong>of</strong><br />

<strong>the</strong> Prime Minister, after <strong>the</strong> Prime Minister has had <strong>the</strong> approval<br />

<strong>of</strong> Parliament for <strong>the</strong> appointment.<br />

31.(1) A person is qualified to be appointed President <strong>of</strong><br />

<strong>the</strong> Commonwealth <strong>of</strong> Grenada if he or she<br />

(a) is a Citizen by birth or descent; and<br />

(b) on <strong>the</strong> date <strong>of</strong> appointment<br />

(i) is fifty years <strong>of</strong> age or older; and<br />

(ii) has been resident in Grenada<br />

throughout <strong>the</strong> period <strong>of</strong> five years<br />

immediately preceding that date.<br />

(2) Residence outside <strong>of</strong> Grenada by a person who<br />

holds an <strong>of</strong>fice in <strong>the</strong> service <strong>of</strong> Grenada or <strong>of</strong> an international<br />

organization <strong>of</strong> which Grenada is a member, where residence<br />

outside <strong>of</strong> Grenada is necessary for <strong>the</strong> performance <strong>of</strong> that <strong>of</strong>fice,<br />

is to be taken to be residence in Grenada for <strong>the</strong> purposes <strong>of</strong> this<br />

Chapter.<br />

32. A person is not qualified to be appointed President<br />

if he or she<br />

(a) has previously held that <strong>of</strong>fice substantively;<br />

or<br />

(b) is disqualified to be elected as a member<br />

<strong>of</strong> <strong>the</strong> National Assembly under this<br />

Constitution.<br />

33.(1) The Court <strong>of</strong> Appeal shall have exclusive<br />

jurisdiction to hear and determine any question whe<strong>the</strong>r a person is<br />

qualified to be appointed as President <strong>of</strong> Grenada.<br />

(2) An application to <strong>the</strong> Court <strong>of</strong> Appeal for <strong>the</strong><br />

determination <strong>of</strong> such a question may be made by <strong>the</strong> Attorney-<br />

General or by any member <strong>of</strong> <strong>the</strong> National Assembly, and, if <strong>the</strong><br />

application is not made by <strong>the</strong> Attorney-General, <strong>the</strong> Attorney-<br />

General may intervene and may <strong>the</strong>n appear or be represented in<br />

<strong>the</strong> proceedings.<br />

(3) A certificate by <strong>the</strong> Speaker stating that a person has<br />

received <strong>the</strong> requisite approval from <strong>the</strong> National Assembly to be<br />

appointed President under this Chapter shall be conclusive<br />

evidence <strong>of</strong> <strong>the</strong> facts stated in <strong>the</strong> certificate and shall not be<br />

questioned by any court.<br />

35

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