Submitted by DAVID A. COMISSIONG, President, Clement Payne Movement

AS  BARBADOS remains in a state of governmental stasis and political limbo, yet another national facility / institution has broken down — the Supreme Court and Registry of Barbados.

Our broken down Supreme Court and Registry joins a long list of national facilities and institutions that have “broken down” in one way or another  over the ten year reign of the current Democratic Labour Party (DLP) administration :- our National Stadium, the South Coast Sewage system, the state of repair of our national road network, our Queen Elizabeth Hospital, the Cave Hill Campus of UWI, our Sanitation Service Authority, our Barbados Water Authority,  the image and morale of our Royal Barbados Police Force, and the depressing list goes on and on.

And, of course, towering over and above these institutional and sectoral “break downs” is the break down of the national economy of Barbados itself, with the international rating agencies inflicting some 23 downgrades on the measure of our nation’s international credit-worthiness.

Ordinarily, in a situation such as this, we Barbadians would look to our country’s Parliament — our House of Assembly and Senate — for some discussion, clarification, and rectification of this recent and additional manifestation of national “break down”, but for the past six weeks or so our nation has NOT had a Parliament!

Section 48 of our nation’s Constitution tells us that Parliament is the institution that has the responsibility to make laws for the good government of Barbados. But the political administration that is currently reigning over our country determined that they would permit our Parliament to be dissolved, and that they would subject us to a prolonged period in which our country would be devoid of a national Parliament .

It is — to say the least — unconscionable for the Freundel Stuart administration to throw Barbados into this state of governmental stasis and political limbo : and it may very well be un-constitutional as well.

Section 62 (1) of our national Constitution tells us very plainly that “after every dissolution of Parliament the Governor- General shall issue writs for a general election of members of the House of Assembly returnable within ninety days from the dissolution”. Well, the Parliament of Barbados was dissolved as long ago as the 6th of March 2018 !

Section 32 (1) (b) of the Constitution also tells us that our Governor-General does NOT have to wait upon or to be advised by the Cabinet or the Prime Minister in relation to “any function which is expressed (in whatever terms) to be exercisable by (her) in (her) discretion.”

A plain and literal reading of Section 62 (1) of the Constitution suggests that this duty of our Governor-General to set the date for a General Election is a duty that is exercisable by her in her own discretion.

What — therefore — is Governor-General Sandra Mason waiting for?

Is it that she has some doubt as to whether the wording of Section 62 (1) of the Constitution gives her the right to exercise her own discretion in this matter of setting a General Election date?

And if indeed she has some doubt, wouldn’t the correct course of action be to approach the Supreme Court for an interpretative declaration on the issue ?

What is currently happening in (and to) Barbados is just not good enough !

It is time for us to break out of this depressing state of governmental stasis and political limbo !

We Barbadians need to raise our voices and insist that our Governor-General bestir herself and take action either to set an election date or to seek clarification from the Supreme Court.

 

 

 

 

94 responses to “Time for the Governor General to Take Action”


  1. No laws are being broken.


  2. I am sure that a BLP government would never hold on to power like this. In fact these dems would have been up and down Barbados creating hell!

    A DLP yardfowl was on Brasstacks on Monday rambling on and on and someone sent a message to David to ask him what would have been his position were it the BLP doing this……..the man said nothing, they would wait until the PM call the election.

    These dems are special…….special morons……….they are unbelievable…………the yardfowl forgot what David Thompson did in 2007…….about 6 months before elections were due, he said he done with coming to Parliament and told OSA to call the damn election.

    How soon they forget!


  3. David, we in the diaspora appreciate your fortitude and unwavering commitment to standing in the vanguard and representing the interest of Barbadians and causes that affect the region.
    This nightmare needs to end;
    Indeed action must be taken.
    I support your call.


  4. @ Kevin, you sound like a Republican. In essence the laws of the Constitution has not been adhered to. While no punishment has been assigned for refusing to adhere to the Constitution with regards to not publishing the bands, that regulation has been broken.


  5. “…………….we Barbadians would look to our country’s Parliament — our House of Assembly and Senate — for some discussion, clarification, and rectification of this recent and additional manifestation of national “break down”, but for the past six weeks or so our nation has NOT had a Parliament!”
    ………………………………………..

    I want to ask every dem if they can honestly keep defending this nonsense……..this has gone past being ridiculous and it is not OK to keep saying that the moron we have for a PM is not breaking any laws.

    Since March 6, a country like Barbados does not have a Parliament!

    Unbelievable.


  6. Heather

    Kevin is a dem….pure and simple!


  7. The Governor General is not going to take any action. Look at how she was exalted by the dems at a service a few weeks ago at St Catherine Church. I thought she was supposed to be above the political fray but I may be wrong!

    I well expect the man to make history by letting the election call itself!


  8. This makes a mockery of the role of the Governor General in Barbados. Appointed but cannot perform the duties that she swore to uphold on her appointment.


  9. Section 62 (1) of tbe Constitution plainly tells me that the Governor General is duty bound to act and issue election writs for a general election of members of the House of Assembly after 90 days has elapsed since the dissolution of Parliament.
    According to my reckoning,ninety days has not yet elapsed only 43 and there is no need for the learned Governor General to exercise any discretion


  10. SOS, #anon SOS, BARBADOS Elections #anon… coincidence the Supreme Court is “out of order”?

  11. NorthernObserver Avatar
    NorthernObserver

    @charles skeete
    interesting. My interpretation of 62 (1), is the GG is duty bound to call an election such that duly elected members may reconvene the House in 90 days, from the date of dissolution. Hence, at the latest, a call would be 3-4 weeks before the 90 day term expires, to allow for campaigning and the election itself.
    Den again I en no lawyer.


  12. The Governor General’s role is largely perfunctionary and ceremonial and highly political. What make you think she will act. Get real people.


  13. Did you read Comissiong’s piece? He has taken a position that the GG has sole discretion to issue a date once parliament is dissolved.

  14. Well Well & Cut N' Paste At Your Service Avatar
    Well Well & Cut N’ Paste At Your Service

    More the reason to get rid of the politically tainted office of the GG, who, once selected by the ruling government as a preferred yardfowl, has to adhere to every whim and fancy of his/her political masters no natter how unethical or unconstitutional. ..making the parliament and supreme court a 3 ring circus.


  15. Perhaps HM The Queen should appoint the GG, since the natives cannot seem to separate duty from bias.

  16. Well Well & Cut N' Paste At Your Service Avatar
    Well Well & Cut N’ Paste At Your Service

    IQ45..the Caribbean will have no choice but to cut ties with that parasitic beast in the palace to avoid future crimes committed against themselves, Barbados and the islands do not need a centuries old fraud monarchy…to ruin the lives of their future generations. ,.

    The most intellectual among us all know they are not real royalty but merely civil servants of the criminal variety….always have been ….they have done enough damage to Caribbean people…time for them to disappear out of black people’s lives…

    …you and your weakminded ilk can keep hanging on to them in ya brainwashed states…no one cares.


  17. “The most intellectual among us..,.”Thanks for the morning laugh Well Well Wot An Iggorant Racist Parasitic Moroness I is, I had quite forgotten how much better B’dos is now under native rule than it was under white benevolence! Just like Africa in fact…now I wonder why that should be!
    Do tell us – who supports you in your cocoon of bile and hatred, deserted by everyone and everything bar your own misplaced self-esteem?

  18. David Brathwaite Avatar
    David Brathwaite

    Charles Skeete, Section 62 (1) says that the GG shall call the election and the warrants must be returned to the GG within 90 days of the dissolution of Parliament. Given the rules for nomination and the 14 minimum between Nomination Day and Election Day, the election process takes a minimum of 21 days. Thus, the election must be called by May 13th. Also note that nowhere does it require the GG to act on the advice of the PM, so she can act in her own discretion. She can act now, but she is obligated to act by May 13th if Fruendel does not announce the election date by then.

  19. Well Well & Cut N' Paste At Your Service Avatar
    Well Well & Cut N’ Paste At Your Service

    It will be telling if the ĢG does not act by the allotted more , more the reason to rid the island of that office to protect the people….and future generations.

    With an IQ of 45 it would be difficult to notice that the UK has never done anything to enrich the lives or aid in the intellectual growth and development of Caribbean people beyond being mindless, mentally enslaved, uninformed beings just ripe, ready and waiting for the next creatively designed british exploitation plan and scheme….in the last 500 years.

    Caribbean leaders and citizens have to learn to be in ever ready self preservation mode going forward to protect themselves and the thousands of their generations going forward from these centuries old british assaults of the black mind.

    You will learn that I am much more dangerous when I am not being insulting.


  20. Well well

    You ought to be ashamed of yourself !

    For the last few months you were braying on this BU site that the PM had to call the elections by this date , that date etc,

    Now you begging the GG to call them !

    You are a blight !

  21. Well Well & Cut N' Paste At Your Service Avatar
    Well Well & Cut N’ Paste At Your Service

    I am not begging for anything, just highlighting how useless yardfowls are, particularly when elevated to the position of GG….at taxpayer’s expense.

    The longer Mason refuses to do her job, the worse it reflects on her…the better the reason to get rid of the useless, political yardfowls tainted office of GG.

    Have you connected those dots yet. …

    …a mold infested supreme court building + a vacated clico building sitting right next door = …………


  22. The truth is that this PM is so incompetent that he seems unable even to call elections….
    and that this must now be deferred to some abstract default position.

    Historic!!

    The most utterly idiotic, incompetent, JA ever to have been allowed to complete a full term as a ‘PM’ anywhere….
    A RH brass bowl indeed… (Right Honourable for some…)
    …and only possible in Bim.

  23. David Comissiong Avatar
    David Comissiong

    The conventional wisdom in Barbados is that the Governor General has to wait upon and be advised by the Cabinet or Prime Minister as to what should be the Election date. But I am saying that if one reads the actual text of the Constitution, the more reasonable interpretation of the actual text is that this is one of those functions that the GG is entitled to carry out based on her own discretion.

    I am also saying to our GG that if she has any doubt as to the correct interpretation of the text then she should refer to the Supreme Court for an interpretation and a declaration to settle the issue.

    I am also suggesting that if the discretion resides with her, then she must exercise that discretion in a manner that is REASONABLE to us the citizens of Barbados, and it certainly cannot be reasonable for us to be left in this state of political limbo some six weeks after the dissolution of our national Parliament.


  24. @David Comissiong

    You will admit given the time that has passed since the dissolution that your suggestion is nothing more that an academic exercise.


  25. Well Well Wot A Sad Lonely Hate-Ridden Parasite I Is, you do make yourself out to be a RH laughing stock….

    “You will learn that I am much more dangerous when I am not being insulting.”

    Colour me terrified, you sad excuse for a human being. I notice you dodged the question, so here it is again..

    Who supports you in your cocoon of bile and hatred, deserted by everyone and everything bar your own misplaced self-esteem? The British taxpayer?


  26. Looking at this all wrong

    My cousin in the UK graduated from university during the recession of the early 90’s and had to take a job collecting garbage. Discussions with workmates on a myriad of topics always ended with them at loggerheads. They concluded his problem was his education.

    This is what has happened here. Your law education is the problem

    Freundel and Gollop are lawyers you have made the mistake in thinking that their actions and decisions are based on the question “What does the law say”. I beg to differ. The correct question has always been “What will Bajans do? And they know the answer 9 times out of 10 is NOTHING.

    This 10 years of DLP rule has been like the school bully who used to pat down your pockets for money, he knows its against school rules but he also knows most students will not report it and will do nothing so long as you leave them with enough money to still get something to eat.

  27. peterlawrencethompson Avatar
    peterlawrencethompson

    “after every dissolution of Parliament the Governor- General shall issue writs for a general election of members of the House of Assembly returnable within ninety days from the dissolution”

    “Governor- General SHALL issue writs” means that she is obligated to under law. The dissolution of the House took place on March 6th 2018. Ninety days from March 6th is June 4th. So the House must be “returnable” and sitting on or before Monday June 4th 2018.

    How long after polling day does it take for the House to be returned? In 2013 it took 16 days. In 2008 it took 28 days. In 2003 it took 16 days. So if we assume that it will take 16 days then the latest date for polling day is May 19th, which is a Saturday. Do we hold elections on a Saturday in Barbados? Since independence polling day has always fallen on a Tuesday, Wednesday or Thursday; this would make the latest credible polling day Thursday May 17th.

    As @David Brathwaite points out “Given the rules for nomination and the 14 minimum between Nomination Day and Election Day, the election process takes a minimum of 21 days.” Twenty-one days before May 17th is Thursday April 26th 2018… exactly one week from today.

    The Governor General should therefore issue writs for a general election within the next week.

  28. Well Well & Cut N' Paste At Your Service Avatar
    Well Well & Cut N’ Paste At Your Service

    IQ45…ah go make yall and the UK shite…just watch me.

  29. David Comissiong Avatar
    David Comissiong

    Some things just need to be publicly said David— even if one is doing no more than contributing to public education. But in this case I think the Release is also serving notice on the GG that her actions are being scrutinized and judged as well. It is also continuing the process of giving voice to the disgust that the Barbadian people are feeling about the whole situation. That too is important.


  30. Fair enough David C. Note a benefactor has sponsored your submission on Facebook guaranteed to be read by thousands. It is also posted on Instagram and from what we see on the BU dashboard being read on the WhatsApp medium.


  31. ” Justice Mason, an Appeals Court Judge, has more than 30 years experience .” She is competent to ” in the words of the late great Shilling ” decide the decision “.

    The desperation to change the government is understandable but it will not make the bonitos bite on dottins or the figs from st.Joseph taste any better.

    Instead of writing / talking sheite how about producing a manifesto for good governance that will save Barbados from continuing the descent into the abyss.

    I await the contributions by the highly educated and degreed BU maguffees.

  32. Vincent Codrington Avatar
    Vincent Codrington

    @ PLT at 9 :13 AM

    I agree with your computation. But it says “election of members of H of A”. Not first meeting of H of A. So the election of members is the crucial event. The first meeting of Parliament is the new GoB’s call. I may be wrong. But it gives a little leeway to the Governor General to exercise her discretion. No need for the Law Court. Discretion means discretion within the framework of the Constitution. BU commentators should not try to high-jack that discretion.


  33. @Hants

    As David C opined above this is about educating Bajans read civics 101. The average Bajan has shown they don’t care one iota about governance.


  34. You all sound like a pact of unruly English school boys awaiting the public correction of her majesty.

    A lesson which will never be learnt by none of you is that Barbados is and has been an elected dictatorship masquerading as a democracy.

    Until you understand that philosophical base, you are destined to forever resort to straw men/women called ‘governor general’ and so forth, a some final port of call.

    Why should lions be led by donkeys?

    It’s time for the lions to show their teeth and devourer the donkeys.


  35. @Pacha

    What you aspire must be supported by those who are prepared to educate the ‘ignorant’ masses not so?


  36. Peter. It seems that we are on the same page regarding polling day as May 17th. Between Thursday 26th and Sunday 29th the PM will call elections to reduce the embarrassment that he finds himself. This delay might be a a destructive element to those 11 who tried to disrobed the king whilst he was asleep.

  37. de pedantic Dribbler Avatar
    de pedantic Dribbler

    @PLT, excellent at 9:13. I had not seen the timing done previousl y(but assume it was) and I didn’t have the overriding interest to do the calendar review myself….so thanks.

    Re your remark that “The Governor General should therefore issue writs for a general election within the next week” does that mean as directed by the PM or on her own volition!

    The other question one would enquire is this: what are consequences of the ensuing ‘constitutional crisis’ if parliament is NOT in chamber come June 4th?

    And BTW does 90 days speak to Saturday’s and Sundays ? A mere technical issue I suspect but is it…

  38. Jefferson Cumberbatch Avatar
    Jefferson Cumberbatch

    The Jeff Cumberbatch Column – Whose Call is it, Anyway?

    Posted on March 25, 2018

    It is all here.

    Here is the link: https://barbadosunderground.net/2018/03/25/the-jeff-cumberbatch-column-whose-call-is-it-anyway/

    David


  39. @ de pedantic Dribbler. 90 days includes Saturday and Sunday. If it was otherwise, the language would have been 90 working days. Or maybe, the PM is getting confused with the amount of days Parliamentarian actual work. If Parliament and Cabinet meet only two (2) days per week, then we are looking at 45 weeks before the call of elections.

  40. Kickbacks and Corruption in High Places Avatar
    Kickbacks and Corruption in High Places

    @ Pachama

    You are correct that is why the following 3 groups in
    Barbados will always continue to rule over the backward locals, CORRUPT Barbados Lawyers, CORRUPT Barbados Politicians mainly Lawyers, and CORRUPT Barbados Police.


  41. David

    Have we not had the critical benefits of such mass education projects for 100+ years?

    We have no abiding interests in the cul-de-sac you present.

    If the truth is not being demonstrably exhibited, has not been, by now, your suggestion would only seek to extend the status quo.

    In other words the ideas of dead men continue to rule us. You’ll be thinking for those dead men.

    In that we could never be interested

    In short, we care not about the presumption that ordinary people cannot act in their self interest in the absence of some learning curve.

    In 1937 it was unschooled Heroes who gave their sacred lives in not dissimilar circumstances.

    It is NOT education we need. For education seems to have a propensity to leave us devoid of courage.

    And it is courage we need most at this historical moment.

  42. de pedantic Dribbler Avatar
    de pedantic Dribbler

    @TellMe, granted re your 10:18. I can accept that ‘working day’ distinction HOWEVER in this rather protracted hullabaloo over timing which as the Dean has reminded us really does NOT contravene any legal standard I merely wondered if that coukd become a created issue if PM Stuart carries his arbitrary acts to further unpopular limits.

    Has the HoA ever met on a Sunday since independence or a Saturday?

    Alas, all such concerns SHOULD be moot in a few days.


  43. AFTER 10 YEARS IN POWER GOVERNING BARBADOS.

    “Minister of Labour, Social Security and Human Resource Development, Senator Dr Esther Byer Suckoo, has proffered the view that the island’s future economic recovery is hinged on revitalised and strategically developed agriculture and fisheries sectors, operating to international standards.”

    http://www.nationnews.com/nationnews/news/149297/revitalised-agriculture-sector-key-recovery


  44. Let me state the obvious as espoused by BU bloggers ad nauseum.

    Agriculture must continuously be improved to make Barbados food secure.

    Alternative energy / Solar and Wind must be used to supply electricity.

    Tax Haven business is risky.

    Tourism must NOT be the number one industry in Barbados.

  45. peterlawrencethompson Avatar
    peterlawrencethompson

    @ Vincent, it says “writs for a general election of members of the House of Assembly returnable within ninety days from the dissolution.” To me this means that the new members of the House must return to the Assembly within ninety days from the dissolution. The way it is written says that the House must assemble within ninety days. Otherwise it would be written: writs for a general election of members within ninety days from dissolution. Th


  46. The GG is a creature of the PM.Worse yet she is a native of St Philip as is Stuart,Brathwaite,Lashley,Estwick,Ince,Byer-Suckoo,Sinckler and Gollop.A virtual cabinet.Dont expect the impossible.To prove they are different they even have an accent of their own.

  47. Desmond goddard Avatar

    David comissiong is a bitter man since the dems got rid of him .he will never walk up the steps of the house.sad David


  48. David Comissiong has unclean hands, in this matter.

    And to approach this court with such represents a gross disrespect for public intelligence.

    It represents a breach of trust.

    This article is biased against the ruling cabal and in obvious support of the BLP

    His mental clock only permitted him to go back 10 years

    However, an independent political observer would have been able to judge that the current maladies harken back to decades.

    Indeed, his BLP would clearly be cited as the single causal reason for the social malaise now in ‘bogue’

    But his BLP is not likely to solve any of the problems we here have. Certainly, Comissiong must know this by now. For he is far from being a political neophyte.

    So to present in this way erects a false choice

    That is the height of disingenuousness.

    In another live and time we would have suggested the use of a certain antiquarian device as a corrective.


  49. @Pacha

    Where is the logic in your position? What happens when the time comes to draw a line in the sand to signal a different perspective? Is there merit in trying to expose the gap in current abeyance government has allowed the country to be anchored?


  50. It shows D.C. Is not a mindless Dem.What Sir Bree referred to as a stinking Dem.Its the same that can be said of Dipper Barrhh.He was not a mindless Bee,what Dr Carter referred to as a stinging bee.What a difference one letter of the alphabet makes.

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