The Federal Government

Saba forms part of the Netherlands Antilles, which in turn is a part of the Kingdom of the Netherlands. This Kingdom comprises of The Netherlands, The Netherlands Antilles, and Aruba.

The Netherlands Antilles enjoys its own autonomy. In this respect the Netherlands Antilles is free to enact its own laws providing these laws do not conflict with the laws of a higher nature nor with International treaties of which the Netherlands are co-signatory. St. Maarten is part of the Netherlands Antilles, which consists of the islands Curacao, Bonaire, Saba, St. Eustatius and St. Maarten. Each island has the flexibility to handle most of the vital functions, however, they cannot conflict with the laws of the Netherlands
Antilles (Federal Government) nor the Netherlands.

The Island Government of Saba

The island territory of Saba is governed by the Island Regulation of the Netherlands Antilles (i.e. ERNA), and in accordance herewith the administration units of the Island Territory are:

The Island Council

The Island Council of Saba consists of eleven (5) members, of which 2 members sit on the Executive Council and the additional 3 form part of the Island Council. In accordance with Article 16 of the present Island Regulation, the members are elected for a period of four (4) years. Members of the Island Council, could, but do not necessary have to be part of the Executive Council.

Before assuming their functions the members of the Island Council shall be administered the oath of office or they shall make a declaration or affirmation to the chairman of the Island Council (Article 22 of the Island Regulation).

Article 24 of the Island Regulation constitutes the authority of the Island Council. This article states:

"So far as regulation and administration of own affairs of the island territory are concerned, all powers not assigned to the Lt. Governor or the Executive Council by this or any other legal regulation referred to in Article 2, sub (3), (a), (b) and (c) of the Federal Constitution, are vested in the Island Council".


The Island Council is authorized to enact island ordinances governing the matters referred to in the first paragraph.

The Executive Council

Article 47 of the Island Regulation states that the Executive Council consists of the Lieutenant Governor, who is a member, as well as its chairman, and a minimum of two and a maximum of seven Commissioners as members. The Commissioners are elected by the Island Council. The Executive Council is charged with the daily administration.

The Lieutenant Governor

In accordance with Article 63 of the Island Regulation, the Lieutenant Governor is appointed, suspended and discharged by the crown (Queen). He shall be appointed for a period of six years. He can be discharged at any time.


Only persons who are Dutch, not having been debarred from the right to vote on the strength of article 46 of the Federal Constitution, nor deprived of eligibility to hold office can be appointed to said function. He must be at least 25 years of age.

The Island Regulation contains specific functions of the
Lieutenant Governor, to mention a few:

• He shall co-operate towards the execution of the task of
the Governor (i.e.Governor General) in the letter's capacity
as a representative of the Kingdom, and in doing so he
shall follow the Governor's directions.


• He shall assist the Governor in accordance with the letter's
directions. If legal regulations require a specific co-opera
tion or execution of the Executive Council and if this is not
done, the Lieutenant Governor shall provide for the same.


• He is Chairman of the Island Council and has advisory vote
in that council.


• He shall sign all documents which originate from the Island
Council and the Executive Council.


• He is the local Chief of Police.


• He represents the Island Territory in all lawsuits

 

System of Government

The Netherlands Antilles is a part of the Kingdom of the Netherlands, with full autonomy
in internal affairs. The Queen of the Netherlands is the Head of State and is repesented
in the Netherlands Antilles by the Governor General. The central government
consists of three bodies - a Governor General, the Council of Ministers, and a 22- member parliament, known as Staten. The Governor General and the Council of Ministers, headed by the prime minister, (form the executive branch of the govern-ment. The central government deals with tax, communications, public health, education, banking, law and order, company registration and economic control. All other matters are within the competence of the island governments but the central govern ment retains the power to overrule the decisions of the island governments if they go against the public interest.

The Island Governments also consist of three bodies - a Governor appointed by the
Queen of the Kingdom of the Netherlands, an Island Council and an Executive Council.
Each island is administered by the respective Island Council, assisted by the Executive
Council and a Governor. The Island Council has both legislative and executive powers in
all cases, except when island constitution explicitly accords executive powers to the
Executive Council.