Many who scanned the Sunday Sun today [3/8/2014] to get a read of Caswell’s column encountered disappointment. BU is pleased to assist the Nation Publishing Company in making an ABC editorial decision – Barbados Underground

Caswell Franklyn, Head of Unity Workers Union
Caswell Franklyn, Head of Unity Workers Union

On July 6, 2014 the country was informed via the Sunday Sun that the 68 candidates in the February 21, 2013 general election spent just over $2.2 million on their election bids.

The report went on to say that regional political pollster, Peter Wickham, had voiced his concern about the manner in which the figures were collected. He called for a more robust system to collect the figures and suggested that the money declared had nothing to do with what was actually spent by the two major political parties.

Up to that point, I am in complete agreement with Mr. Wickham. Thereafter, his analysis exposed a gap in his knowledge of our electoral laws that caused him to make some erroneous conclusions. As a result, he merely provided excuses for politicians operating in our flawed electoral system. Barbados has more than adequate election laws to handle any perceived irregularity; the problems come from the lack of enforcement.

This week I intended to write part 3 of my mini-series on pensions but I could not allow the information attributed to Mr. Wickham to take root and spread. However, I would first like to deal with the one area on which we agree, and that relates to the under-reporting of election expenses.

Within seven weeks after the result of the election is declared, the Representation of the People Act, at section 52, requires the election agent of every candidate to transmit to the Supervisor of Elections a statement of all payments made by the election agent together with all bills and receipts. The supervisor is then required by section 59 to publish the return, within fourteen days of receipt, in not less than two newspapers and inform the public that the return may be inspected at the Registration Office.

Section 60 goes on to require the Registrar to keep the returns for two years and make them available for inspection on the payment of a fee of one dollar. Also, copies are available at a fee of ten cents for each hundred words.

Accompanied by two independent candidates, I went to the Registration Department where we paid for and obtained copies of the returns for selected candidates of the ruling party. On inspection we were immediately able to discover why none of the candidates exceeded the spending limits. Solely from checking the documents, we concluded that the candidates did not have posters or other printed advertising material; or rather no expenditure on any such thing was declared.

This is why I have difficulty with Mr. Wickham’s assertion that the Electoral Office has no capacity to audit the statements submitted by candidates. All the resources required to determine that the statements were incomplete would have been one good eye.

He went on to detail a number of scenarios where expenses could be incurred by the candidate’s party, or some other third person. However, if any of those situations arose, the secretary or similar officer of the party or other donor would be required to complete one of the prescribed forms (Form 4) attesting to that expenditure, in accordance with section 52 of the Representation of the People Act. Subsection 3 (d) states, in part:

(3) The return shall also contain in respect of that candidate –

(d) a statement of all moneys, securities and equivalent of money received by the election agent from the candidate or any other person for the purposes of election expenses incurred or to be incurred, with a statement of the name of every person from whom they are received.

None of these forms were filed on behalf of any of the candidates that we checked which would therefore mean that the election was funded solely out of the personal resources of the candidates.

That brings me to an article entitled, “Ban Begging” which appeared in the June 22nd edition of the Sunday Sun. In that article, Mr. Ralph “Bizzy” Williams recommended that politicians should be barred from soliciting funds from individuals and companies to help run their election campaigns. Mind you, if the election returns are anything to go by, Mr. Williams would have no cause for concern since according to the returns all the candidates were unsuccessful in their fund raising efforts.

During my research, I came upon a situation that intrigues me, and for what it is worth, I think that I shall share it. Under section 41 of the Representation of the People Act, a candidate is required to appoint an election agent, who can be the candidate himself or some other person. That appointment can be revoked in accordance with subsection (3). Thereafter, subsection (4) states, in part:

“Where, whether before during or after the election, the appointment of an election agent is revoked or an election agent dies, another election agent shall be appointed immediately…”

As we have seen earlier, the agent is required by section 52 of the Representation of the People Act to transmit a true return of all the payments made within seven weeks after the result is declared. One of the candidates in the last election submitted his own return. He did so without first revoking the original appointment and appointing himself as agent.

I am therefore wondering if the return was properly filed in accordance with the law, and what would be the effect in light of section 56 which states:

“Where, in the case of any candidate, the return and declarations as to election expenses are not transmitted before the expiration of the time limited for the purpose, the candidate shall not, after the expiration of that time, sit or vote in the House of Assembly as a member for the constituency for which the election was held until either the said return and declarations have been transmitted or until the date of allowance of an authorized excuse for failure to transmit the said return and declarations, and if he sits or votes in contravention of this subsection he is guilty of an offence and is liable on summary conviction to a fine of one hundred dollars for every day or part thereof on which he sits or votes”.

I there think that it is reasonable to ask, Is Mr. Sinckler properly seated in the House of Assembly or am I just tilting at windmills?

93 responses to “Non-Enforcement and Mockery of Election Laws”


  1. BTW minister ,,ummmmm don.t be surprise if the BLP (republican ) yardfowls ask u to show yuh birth certificate,,,,,they can get down right nasty,,,,yuh might need to call Obama and let him teach yuh how to tell the yardfowls to get lost,,,


  2. AC…..you are yardfowling as usual and mightily licking ass……..lol

    Caswell…..I am a little lost, you are saying that David Thompson and Liz Thompson did not apply for Barbados or UK passport, i mean they were born in the UK and unlike the US i don’t think they lose citizenship after 5 years of not being physically present…….so they are eligible to be ministers as long as they hold only a Barbados passport……did i get that right?


  3. so wait you vote ,,i don’t think so,,,and btw the way wuh keep calling (this ) ac name fuh…..u and yuh Smelly …Smelly… Smelly ..friend need to go,wash wunna frosy a….ss and leave (this ) ac,, alone,,,,frosy bit..hes…


  4. @Well Well and ac

    Give us a break.

  5. Caswell Franklyn Avatar
    Caswell Franklyn

    Well Well

    I meant that they did not apply for British citizenship. The Constitution bans persons from sitting in the House of Assembly if they, by virtue of their own act, are under any acknowledgement of allegiance, obedience or adherence to a foreign Power or State. That wording is so all encompassing that my non legal mind would even suggest that it includes people who hold green cards.

    >


  6. Caswell Franklyn | August 4, 2014 at 7:12 PM |

    “I meant that they did not apply for British citizenship”

    Caswell, did Irene Sandiford-Garner applied for Barbadian citizenship….. after all she was born in the UK.

  7. Caswell Franklyn Avatar
    Caswell Franklyn

    Artexerxes

    I do not understand the significance of the question.

    >


  8. Donville
    Let’s not split hairs.I have a sibling who has been in the US since the 70’s
    got married there three times and to this day has never applied for citizenship but has access to all the facilities of the State and the Federal system.Just stating that you have never applied for citizenship is not saying a pang.Now tell us what status you have there and if your wife holds a US passport.

  9. When people are consumed with GREED AND POWER THIS IS WHAT HAPPENS Avatar
    When people are consumed with GREED AND POWER THIS IS WHAT HAPPENS

    Even at this stage the lack of outrage by Barbadians AND the Opposition sums it up doesn’t it?

    David, maybe because Caswell takes himself to serious whereas no one else takes him serious,? or real.

    If this guy were serious he would know that the Candidate has every right to sign off as was advised by the Chief electoral officer .

  10. Caswell Franklyn Avatar
    Caswell Franklyn

    The Chief Electoral Officer does not have the power to ignore the law. The candidate can sign the form if and only if he appoints himself as his own agent. The act requires the candidate to revoke the appointment of the agent after that he can appoint himself and then sign the form.

    If the candidate signs the form without being his own agent, it would be regarded as a nullity.

    >


  11. wait wunna need to give this citizenship story a break,,cause wunna had a PM who employed illegal immigrants,,now if he was a minister of any other international country he would have been told where to go forthwith,,,, wunna really like to dig too hard in other peeples yard when nuuf ,nuff skeletons bury in wunna own….


  12. Well Well | August 4, 2014 at 5:40 PM |

    Dompey…..I don’t know where you got YOUR info, but you must be physically present for at least 3 years in the US BEFORE you are issued a green card as long as you are in the country and apply while present in the country.
    ++++++++++++++++++++++++++

    I think an alien can get a visa for up to six months after first arriving in the US.

    If more time is desired an application for a Green Card follows which may or may not be granted depending on the reasons given.


  13. I should say an alien on arrival in the US can get his/her passport stamped for up a stay up to six months.


  14. So if any of you CanBajans want to be a politician here is what you must do first.

    http://www.cic.gc.ca/english/citizenship/renounce-eligibility.asp


  15. David
    The Prime Minister of Trinidad and Tobago today laid in the House of representatives there, a bill which will transform the Parliament of that republic in very significant ways.It would be useful to the BU family if you would carry the reforms which include:-
    1)A term Limit for the office of Prime Minister
    2)A recall provision for non performing parliamentarians
    3)Provision for run off polls when the candidate scores less than 50% of votes cast
    4)Adoption by Parliament of the winning party’s manifesto as Government’s policy agenda
    5)New Standing Orders replacing those of 1961.


  16. Can anyone confirm or deny if Bizzy called Debbie Simpson when Denis Lowe jeep was about to be reposed to save his face?Perhaps the minister can come on BU and tell us he is not also on the take?

  17. Caswell Franklyn Avatar
    Caswell Franklyn

    Fed up Bajan

    I don’t understand your comment. Surely if Lowe was broke he could have borrowed from his mother: I understand that she was rich. LOL!

    >


  18. @caswel franklin then he would not have reasons to be on the take. These old people normally thru thrift save a lot.

  19. Sunshine Sunny Shine Avatar
    Sunshine Sunny Shine

    Here is a question? If Donville, the CJ and whoever else are still declared citizens of foreign soils what next? What will happen to these people. Let me tell you: NOT ONE SHITE. Caswell I repeated state on here that I like your views as you are equipped with the logistics of government rules, regulations and laws. But after all this deliberating and quoting the appropriate laws is it all for the sharing of knowledge and the expounding of that knowledge to project the bajan disposition of being an intellectual guru? If only once I could see one of these crooked sons of bitches come under the justice system and tried

  20. Caswell Franklyn Avatar
    Caswell Franklyn

    SSS

    The problem in Barbados is that the politicians have put systems in place where they select the persons to be appointed to the top jobs in the Public Service. Politicians pick their friends who would not move against them when they break the law. Also, if you move against them, you can be assured that you would have seen your last promotion.

    >


  21. @ Caswell

    Is there a role for retired civil servants to play? The Lauries, Laynes etc

  22. Caswell Franklyn Avatar
    Caswell Franklyn

    Absolutely NOT. You want reform don’t you?

    >


  23. @Caswell

    If you want reform it will have to begin with some level of whistleblowing to shock Bajans to react from their stupor.

  24. Sunshine Sunny Shine Avatar
    Sunshine Sunny Shine

    @Caswell

    Hence the reason I ask in an earlier post what is the reason for this post. Here you have indicated what is unconstitutional and what is not. You have indicated the appropriate laws and those responsible for its enforcement. Yet when the situations are exam in the context of the crimes committed it all boils down to the same thing I stated earlier – FRIGHTEN CIVIL SERVANTS AND NO ONE WITH THE BALLS TO CONFRONT THESE LAW BREAKERS USING THE SAME LAWS THAT SAYS ITS THEIR JOB TO ENFORCE BECAUSE OF FEAR OF REPRISAL.

    The question therefore

  25. Sunshine Sunny Shine Avatar
    Sunshine Sunny Shine

    @David
    If then therefore the law markers are the law breakers and exempt themselves from ever being prosecuted by it then that knowledge alone should be a call for protest action in whatever form or fashion the citizens deem best. There should also be a call for constitutional reformation in light of the overwhelming evidence stack against the doings of a political system operating under implemented protectionist systems.

    What therefore stops a people from pressing for change? Obviously the fear that has been carefully interwoven into the hearts and minds of a society to the point that they consider it common place and acceptable for politicians and their respective big up lackeys to get away with anything whilst all others be subjected to the full extent the law. I dare to say that this action makes the law and unjust law which if not address will continue to protect the interests of the status quo.

    I DO NOT BELIEVE THAT WHISTLE-BLOWING WILL BRING BAJANS OUT. WE HAVE HAD SOME WHISTLE-BLOWING AND YET THINGS REMAIN THE SAME. We have had a politician who is a allege to have earn his money via pornographic undertakings. We have had names called in relation to depositing campaign money directly into ones personal account. We have had misappropriation of government funds in projects that did not justify the cost. We have had politicians buying plantations on a politician salary without a single investigation being carried out concerning a declaration of where the money to buy came from. We have had the allege accumulation of a blatant crook depositing thousands towards millions of dollars in a mothers account. We have had had and more had and yet its business as usual. We are quoting laws, exposing the wrong doings at all levels of government operations and yet its business as usual.


  26. With all of this blowing of hot verbal air here, can we now march for the removal of Christopher Sinckler as the seating member of the constituency of St. Michael North west!!!


  27. What shall the limping opposition do about this or is Chris Sinker too valuable for Mia!!!


  28. Where are the Director of Public Prosecution or the Chief Electoral Officer doing about this. Is a becoming a judge more important than the upholding of the Law.


  29. Ezra Alleyne can now have back his column in the Nation!!


  30. BLP Nation Newspaper:
    Who at the Nation is protecting Chris Sinker?


  31. @SSS

    It is a hard nut to crack, there is also a process underway that we have to stay the course.


  32. Lemuel
    While we are asking questions why is the probated will of the public figure David Thompson not published or otherwise available for public scrutiny.At a minimum the taxpaying public would be in a position to know the truth,the whole truth and nothing but the truth.Instead we are hearing all kinds of rumour for example that the dead king left 39 million dollars in the said same will.
    The money bloweth where it listeth and thou hearest the story thereof but can tell whence it came and whither it went.Pirates of the Caribbean!

  33. Sunshine Sunny Shine Avatar
    Sunshine Sunny Shine

    Crooked David Thompson has more than 39 million dollars–trust me.


  34. It is simply amazing how Caswell Franklyn could have served under Tom Adams, David Simmons and the BLP from the 1970s and now want to preach about transparency and the avoidance of corruption. Caswell can write the book on politicians and corruption. He facilitated a lot of it in his hey days. Now on the eve of his retirement from politics he wants to be seen as some saint. give me a flipping break. You are pathetic Caswell. Has always been and will always be


  35. Note Minster Inniss took his denial to parliament today. Coincidentally MP for St. John was presiding over the chamber at the time, she accused of applying for UK citizenship.



  36. @Hants
    Thank you.
    A question.?
    The iIluminati plans for the World ?
    Wasn’t there a provision for addicting society to “drugs”?


  37. Hants thank you for the video.

  38. Caswell Franklyn Avatar
    Caswell Franklyn

    David

    They did not publish this either:

    NOT FAIR!
    Worker accuses BWU of wrongful dismissal

    Added by Neville Clarke on August 8, 2014.
    Saved under Local News, Work force

    The tables have been turned on the Barbados Workers Union (BWU) with one of its former employees accusing the BWU of wrongful dismissal.

    Former groundsman Christopher Jordan has retained the services of general secretary of the fledgling Unity Workers Union (UWU), Caswell Franklyn, to present his case before Chief Labour Officer Vincent Burnett and if needs be, before the Employment Rights Tribunal.

    A forlorn Christopher Jordan giving his side of the story about his dismissal from a job he held for the past eight years at the Barbados Workers Union.

    In correspondence dated July 21, 2014 addressed to Burnett, Franklyn noted that Jordan was continuously employed by the BWU for eight years and by letter dated July 3, 2014, his services were terminated with immediate effect.

    Franklyn went on to explain that Jordan’s termination followed a meeting which took place on July 2, where Gillian Alleyne, the officer who complained about Jordan, formed part of the panel to hear the complaint.

    The general secretary of the UWU pointed out that in the termination letter Jordan was advised of his right to appeal against the decision, but charged that even though Jordan accepted the offer of appeal by letter dated July 8 to his employer, they never acknowledged the receipt of the correspondence.

    In response, Franklyn has advised Jordan that the circumstances surrounding his dismissal would have breached the provisions of the Employment Rights Act and has referred the matter to Burnett under Section 42 of the legislation.

    Meanwhile, in a letter dated July 8, 2014, addressed to the General Secretary of the BWU, Sir Roy Trotman, Jordan claimed that the allegations made against him were untrue and even if they were not, they were insufficient to merit his dismissal.

    In addition, Jordan claimed that the hearing was unfair because one of the persons who adjudicated the matter was also the complainant.

    Speaking to Barbados TODAY, Jordan also contended that he was wrongfully dismissed after he failed to attend a meeting scheduled by personnel manager Gillian Alleyne because of health challenges.

    He expressed concern that a member of the Royal Barbados Police Force was summoned to be present at the disciplinary meeting and again when he was working at another BWU property opposite the union headquarters.

    Indicating his willingness to act on Jordan’s behalf, Franklyn said the complainant’s presence on the panel hearing the case was a breach of natural justice and stressed that “she should not even be in the room”.

    Expressing concern at the action taken by the BWU, Franklyn said: “They terminated Jordan, gave him the right to appeal and then when he appealed they ignored it. Part of the process to address the matter involves informing the Chief Labour Officer because what the Chief Labour Officer is required to do according to the law is to try to get the parties to reach an agreement.

    “Failing that, the Chief Labour Officer must refer it to the Employment Rights Tribunal. I got a call from the Labour Department indicating they will contact the BWU for a meeting on the matter,” Franklyn said.

    Neither the General Secretary of the BWU Sir Roy Trotman nor his deputy could be reached for a comment on the matter.
    nevilleclarke@barbadostoday.bb
    .


  39. @Caswell

    It is a black eye for the BWU for sure, good luck representing Jordan. Has the emploment tribunal mobilized yet?

    By the way have been hearing that Toni is not a certainty and Veronica is on the lips of many.

  40. Caswell Franklyn Avatar
    Caswell Franklyn

    David

    A blind man does not worry if his eyes are blackened.

    The tribunal has allowed itself to be misled and have put in place a set of elaborate procedures that ensures delay. They have copied the system in the courts rather than use the examples from other established tribunals. I have already suggested that they get in contact with and get guidance from people like Jeff Cumberbatch, Monique Taitt and Hillary Nelson who are all excellent chairpersons of similar tribunals.

    Toni is a square peg. Mind you, I prefer her to be General Secretary; it would be better for me.

    >


  41. @Caswell

    This challenge coming from the Employment Rights Tribunal should give a reason for the trade muons to come together and advocate for some movement.

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