Jamaica 1962 Constitution (reviewed 2015) - Page 4 of 10

Table of Contents

CHAPTER IV. THE GOVERNOR-GENERAL

27. Establishment of office of Governor-General

There shall be a Governor-General of Jamaica who shall be appointed by Her Majesty and shall hold office during Her Majesty’s pleasure and who shall be Her Majesty’s representative in Jamaica.

28. Oaths to be taken by Governor-General

A person appointed to the office of Governor-General shall, before entering upon the duties of that office, take and subscribe the oaths of allegiance and for the due execution of the office of Governor-General in the forms set out in the First Schedule to this Constitution.

29. Acting Governor-General

Whenever the office of Governor-General is vacant or the holder of the office is absent from Jamaica or is for any other reason unable to perform the functions of his office, those functions shall be performed by such person as Her Majesty may appoint or, if there is no such person in Jamaica so appointed and able to perform those functions, by the Chief Justice of Jamaica.
Before assuming the functions of the office of Governor-General any such person as aforesaid shall take and subscribe the oaths directed by section 28 of this Constitution to be taken and subscribed by the Governor-General.
The Governor-General shall not, for the purposes of this section, be regarded as absent from Jamaica or as unable to perform the functions of the office of Governor-General—
1. by reason only that he is in passage from one part of Jamaica to another; or
2. at any time when there is a subsisting appointment of a deputy under section 30 of this Constitution.

30. Deputy to Governor-General

Whenever the Governor-General—
1. has occasion to be absent from the seat of Government but not from Jamaica; or
2. has occasion to be absent from Jamaica for a period which he has reason to believe will be of short duration; or
3. is suffering from an illness that he has reason to believe will be of short duration,
he may, on the advice of the Prime Minister, by instrument under the Broad Seal, appoint any person in Jamaica 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.
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 section, and a deputy shall conform to and observe all instructions that the Governor-General may from time to time address to him:Provided that the question whether or not a deputy has conformed to or observed any such instructions shall not be enquired into in any court.
A person appointed as a deputy under this section shall hold that appointment for such period as may be specified in the instrument by which he is appointed, and his appointment may be revoked at any time by the Governor-General acting on the advice of the Prime Minister.

31. Personal staff of Governor-General

Parliament may from time to time prescribe the offices that are to constitute the personal staff of the Governor-General, the salaries and allowances that are to be paid to the members of that staff and the other sums that are to be paid in respect of the expenditure attaching to the office of Governor-General.
Any salaries or other sums prescribed under subsection (1) of this section shall be charged on and paid out of the Consolidated Fund.
Subject to the provisions of subsection (4) of this section, the power to make appointments to the offices for the time being prescribed under subsection (1) of this section as offices that are to constitute the personal staff of the Governor-General, and to remove and to exercise disciplinary control over persons holding or acting in any such offices, shall vest in the Governor-General acting in his discretion.
The Governor-General acting in his discretion, may appoint to any of the offices prescribed under subsection (1) of this section such public officers as he may select from a list submitted by the Public Service Commission, but—
1. the provisions of subsection (3) of this section shall apply in relation to an officer so appointed as respects his service on the personal staff of the Governor-General but not as respects his service as a public officer;
2. an officer so appointed shall not, during his continuance on the personal staff of the Governor-General, perform the functions of any public office; and
3. an officer so appointed may at any time be appointed by the Governor-General, if the Public Service Commission so recommend, to assume or resume the functions of a public office and he shall thereupon vacate his office on the personal staff of the Governor-General, but the Governor-General may, in his discretion, decline to release the officer for that appointment.
All offices prescribed under subsection (1) of this section as offices that are to constitute the personal staff of the Governor-General shall, for the purposes of sections 40, 41, 111, 124, 129, 132, 133 and 134 of this Constitution be deemed to be public offices.

32. Exercise of Governor-General’s functions

The Governor-General shall act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet in the exercise of his functions other than—
1. any function which is expressed (in whatever terms) to be exercisable by him on or in accordance with the recommendation or advice of, or with the concurrence of, or after consultation with, any person or authority other than the Cabinet; and
2. any function which is expressed (in whatever terms) to be exercisable by him in his discretion.
Where the Governor-General is directed to exercise any function on the recommendation of any person or authority, he shall exercise that function in accordance with such recommendation:Provided that—
1. before he acts in accordance therewith, he may, in his discretion, once refer that recommendation back for reconsideration by the person or authority concerned; and
2. if that person or authority, having reconsidered the original recommendation under the preceding paragraph, substitutes therefor a different recommendation, the provisions of this subsection shall apply to that different recommendation as they apply to the original recommendation.
Where the Governor-General is directed to exercise any function after consultation with any person or authority he shall not be obliged to exercise that function in accordance with the advice of that person or authority.
Where the Governor-General is directed to exercise any function in accordance with the recommendation or advice of, or with the concurrence of, or after consultation with, or on the representation of, any person or authority, the question whether he has so exercised that function shall not be enquired into in any court.
Where the Governor-General is directed to exercise any function on the recommendation of the Prime Minister after consultation with the Leader of the Opposition the following steps shall be taken:—
1. the Prime Minister shall first consult the Leader of the Opposition and thereafter tender his recommendation to the Governor-General;
2. the Governor-General shall then inform the Leader of the Opposition of this recommendation and if the Leader of the Opposition concurs therein the Governor-General shall act in accordance with such recommendation,
3. if the Leader of the Opposition does not concur in the recommendation the Governor-General shall so inform the Prime Minister and refer the recommendation back to him,
4. the Prime Minister shall then advise the Governor-General and the Governor-General shall act in accordance with that advice.
Any reference in this Constitution to the functions of the Governor-General shall be construed as a reference to his powers and duties in the exercise of the executive authority of Jamaica and to any other powers and duties conferred or imposed on him as Governor-General by or under this Constitution or any other law.