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(5) Nothing in subsection (1) of this section shall
require the President to act in accordance with the advice of the
Cabinet or a Minister in the exercise of the functions conferred upon
him by the following provisions of this Constitution-
(a)
section 92 (5) (b) and (c) provisos (which
relate to the President dissolving Parliament
in certain circumstances);
(b) section 118 (1) and (2) (which provides for
the President removing the Prime Minister
from office in certain circumstances);
(c) section 110 (2) (which requires the Prime
Minister to furnish the President with
certain information);
(d) sections 128, 164, 179, 189, 202, 217, 225,
233 and 255 (which require the President to
remove the holders of certain offices from
office in certain circumstances); and
(e) section 134 (6) (which requires the President
to exercise the Prerogative of Mercy in
accordance with certain advice).
(6) During any period in which there is a vacancy in the
office of Minority Leader by reason of the fact that no person is both
qualified for appointment to that office in accordance with this
Constitution and willing to accept appointment, or if the President,
acting in his own deliberate judgment, considers that it is not practicable
for him to obtain advice from, or engage in consultation with, the
Minority Leader within the time within which it may be necessary for
him to act, the President may act without that advice or consultation and
in his own deliberate judgment in the exercise of any power conferred
upon him by this Constitution in respect of which it is provided that he
shall act on the advice of, or after consultation with, the Minority
Leader.
Constitution
of offices,
etc.
105. Subject to the provisions of this Constitution and of any
other law, the President may constitute offices for Saint Vincent and the
Grenadines, make appointments to any such office and terminate any
such appointment.
106
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