Re Carr

• Jurisdiction: Belize
• Judge: Moe, C.J.
• Judgment Date: 10 March 1983
• Docket Number: Action No. 52 of 1983
• Court: Supreme Court (Belize)
• Date: 10 March 1983

Supreme Court

Moe, C.J.

Action No. 52 of 1983

Re Carr

Mr. Dean Barrow for the applicant.

Mr. George Brown for the respondent.

Constitutional law - Fundamental rights and freedoms — Whether termination of applicant's appointment was in breach of the rules of Natural Justice, and s.17(1) of the Constitution — Constitution of Belize, ss.20, 34(4), 107 — Supreme Court (constitutional Redress and Reference) Rules — General orders for the Public Service, Reg. 2.5 — Application dismissed — No need for redress as applicant's fundamental rights and freedoms not contractual.

1 JUDGMENT: The applicant is a public officer holding the post of Labour Inspector. On the 16th November 1981 he was appointed to act with effect from 6th October 1981 as Labour Commissioner which post is a head of department. That post of Labour Commissioner become vacant on the 17th December 1981. The applicant acted in that post until 7th September 1982 and left the country to undergo a course of training which he pursued until his return to the country on the 8th November 1982. During the period of the course of training he did not enjoy any of the benefits of the office of Labour Commissioner. He resumed acting as Labour Commissioner on 9th November 1982 and remained so acting until he received a letter on the 8th February 1983 informing him that his acting appointment was terminated by the Governor-General with effect from 9th February 1983. There was no allegation of any kind made against the applicant, no inquiry into the performance of the applicant while acting is the post and no reason was given for the termination of the acting appointment.

2 By this application mode under the Supreme Court (Constitutional Redress and Reference) Rules the applicant seeks redress under section 20 of the Constitution. He moves the Court to declare:— (i) that the termination by the Governor-General of his acting appointment as Labour Commissioner to contrary to Regulation 2.5 of the General Orders for the Public Service and thus invalid; (ii) that the termination is in breach of the rules of natural justice and thus contrary to law; (iii) that the termination is in breach of section 17 (1) of the Constitution; and (iv) that he is entitled to have the termination rescinded and be confirmed in the post of Labour Commissioner.

3 He alleges firstly that there was a breach of Regulation 2.5 inasmuch as the termination (a) without giving the applicant any reasons; (b) without first alleging unsatisfactory performance and giving the applicant an opportunity of answering the allegation, and (c) without the holding of an enquiry. Thirdly the termination was an unjust deprivation of his property right in the salary, perquisites and privileges attaching to the office of Labour Commissioner.

4 It was by the Solicitor General that Regulation 2.5 of the General Orders of the Public Service does not apply to the matter of appointment to the post of Labour Commissioner and has no bearing on the determination of the issues. Counsel for the applicant quite understandably gave no reply to that submission; in effect conceding the point. There was no dispute that the regulation concerned is one of those contained in the General Orders for the Public Service found in Statutory Instrument No.42 of 1982. Nor that those regulations were made by the Governor General in exercise of her powers under section 106 of the Constitution by which subsection 3 empowers her to make regulations on any matter relating to, inter alia, the management and control of the public service. The said section 106 by subsection (6) stipulates that the provisions of the section (and thus regulations made thereunder) shall not apply in relation to …. (a) any office to which section 107 of the Constitution applies. The office of Labour Commissioner is one to which section 107 of the Constitution applies. I uphold the submission that Regulation 2.5 of the General Orders for the Public Service does not apply to this matter and the application for declaration (1) fails.

5 The Solicitor General further submitted that appointment to the post of Labour Commissioner being governed by section 107 of the Constitution, the matter of the termination of the applicant's acting appointment to the post cannot be challenged in this Court. I therefore turn to see whether there is jurisdiction to go any further.

6 It is clear from the remaining declarations for which the applicant moves that ha seeks to have the Court decide on the validity of the Governor General's termination of his acting appointment. At this point I set out section 107 of the Constitution in full. It provides:–

“(1) This section applies to the offices of Commissioner of Police, Commandant of the Belize Defence Force, Secretary to the Cabinet, Permanent Secretary, head of a department of government, any office for the time being designated by the Public Services Commission as an office of a chief professional advisor to a department of government, any office of Ambassador, High Commissioner or other principal representative of Belize in any other country or accredited to any international organisation and any other office designated by the Public Services Commission.

(2) The power to appoint persons to hold or to act in offices to which this section applies (including the power to confirm appointments) and the power to exercise disciplinary...