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Today’s Barbados Advocate editorial should be of interest to the BU family – David, blogmaster

For me, as a public legal scholar, one of the more gratifying aspects of the current politico-constitutional enigma owed to the unprecedented outcome of last month’s general election and its consequences, has been the eagerness of citizens generally to seek knowledge on and to discuss what is the appropriate constitutional resolution of these issues. Indeed, some have not been timid to offer their own views publicly on these matters.

In this connection, a number of individuals have recently drawn my attention to an article by my now retired academic colleague, the erstwhile Deputy Principal and Professor Emeritus of History, Pedro Welch, in another section of the press.

Under the caption, “Unconstitutional appointment”, Pedro argues that the appointment of His Grace, the Bishop Joseph Atherley MP, as Leader of the Opposition was not permitted by a close reading of the Constitution and may be unconstitutional. Pedro uses an argument based purely on English grammar to suggest that the relevant section in the Constitution, section 74, contemplates an Opposition with what he terms a “plurality of association”. He states,

The implication seems clear. The Constitution assumes that a plurality of association is required for an aspirant to the office of Leader of the Opposition to be recognized as having the support that qualifies him/her to be so appointed. Under this assumption, it seems clear that a single person cannot, by definition, be considered to have majority support or group support in the absence of a plurality of such support. In short, a single person cannot constitute a majority in the absence of like-minded others…We may also note that most dictionaries define a majority as the greatest number or part, thus requiring a plurality.”

I commend Pedro for adding the discipline of his scholarship to the public debate and accept the force of his reasoning so far as the English language is concerned. He broached the issue with me on Monday last week and I am pleased to see that he has written on it.

However, against his argument, there are certain conventions in drafting that are to be considered in the construction of a legal provision, One of these, well known to most laypersons, is that “the masculine reference includes the feminine”. As a consequence, it would scarcely be argued that the appointment of the current Governor General, or even that of the current Prime Minister would be unconstitutional simply because the constitutional text, in reference to these offices stipulates, “he”, “him” or “his”.

As it pertains to the Governor General, section 74 (2), for instance, provides-

Whenever the Governor-General has occasion to appoint a Leader of the Opposition he shall appoint the member of the House of Assembly who, in his judgment, is best able to command the support of a majority of those members who do not support the Government, or if there is no such person, the member of that House who, in his judgment, commands the support of the largest single group of such members who are prepared to support one leader.. {Emphasis added]

And for the Prime Minister, section 70 mandates-

The Prime Minister shall, so far as is practicable, attend and preside at all meetings of the Cabinet and in his absence such other Minister shall preside as the Prime Minister shall appoint.

Despite ordinary English usage, it would not be seriously contended by anyone that, by virtue of the words of these sections, the Constitution assumes that the holders of these offices would be men only.

Another convention of statutory interpretation, though one much less well known, is that words in plural form or number include those in the singular and vice versa. Indeed, section 4 of the Interpretation Act, Cap 1 of the Laws of Barbados, captures both of these conventions neatly-

In this Act and in all Acts, regulations and other instruments of a public character relating to the Island now in force or hereafter to be made, unless there is something in the subject or context inconsistent with such construction,

or unless it is therein otherwise expressly provided-

( a ) words importing the masculine gender include females; and

(b) words in the singular include the plural, and words in the plural include the singular. [My emphasis]

Thus, the relevant section, s. 74(2), already cited above, would cover the circumstance where there are more members than one who do not support the government (members) as well as that where there is a single member that does not support the government. In that latter case, the notion of a majority would be otiose and therefore meaningless.

This piece is being prepared on the day that Bishop Atherley is scheduled to present his parliamentary response to the Prime Minister’s mini-budget. The nature and content of his response today will serve to establish, in the public mind, the genuineness of his opposition to the governing administration, but once Her Excellency. the Governor General, was so persuaded in her judgment, she had little option in the circumstances other than to appoint him to the position.


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95 responses to “A Matter of Interpretation”


  1. Parliamentary Democracy

    For me the overarching principle that governs the existence of an opposition in the House of Assembly is that it must provide a voice for the people who oppose the Government.

    Reverend Joe was opposed by many of the 41,000 who opposed the Government, simple fact.

    He can’t be their voice.

    That’s not to say he can’t oppose the Government, but do it from within the Government benches where he belongs.

    Plurality or, Duality

    The same way the members of the house divide in two to determine who supports a government and who does not, those who support the Government also divide in two to determine who their leader, the prime minister, will be.

    Reverend Joe supports the government, but just does not support Mia Mottley as leader, Prime Minister.

    Same process applies to the those members who oppose the Government.

    They also divide in two.

    It is impossible for 0 people to divide in two to determine who will be the leader of the opposition.

    That makes the 30-0 result a nonsense.

    Likewise, it is impossible for 1 person to divide in two to determine who will be the leader of the opposition.

    It is like having one boxer in a ring.

    There needs to be a minimum of two persons, a duality, before they can choose a leader who will then be known as the leader of the opposition.

    He/she will enjoy unanimous support if there are only 2.

    Duality is probably the better word and seems completely logical and avoids the confusion of having to split hairs on singular and plural!!.

    Replacing the “majority of those members” with the “majority of that member” makes no sense.

    The “majority of those members” emerges after a division in two.

    You need a “fight” to determine the winner and one combatant can’t work and is a nonsense.

    The leader is always the one left standing.

    A duality is needed.

    Masculine and feminine … that is like falling off a log!!

    Try as you might, you can’t logically make the singular work because it takes two to tango!!

    There is always a winner and a loser

    The House as it is currently constituted is un-constitutional l!!

    We cannot be said to have a Parliamentary Democracy!!


  2. @John

    Have we not beat this matter death?

    Does the GG have unchallenged discretion in the appointment or not!

  3. Henderson N Bovell Avatar
    Henderson N Bovell

    There was a time when there were two in the dlp opposition, neither alleged to have been speaking to the other.

    On one occasion, one tabled a motion in parliament and the other refused to second it.

    It could be argued that Mr. Kellman had no confidence in Mr. Thompson and visa versa. How then did Mr. Thompson become leader of the opposition and not Mr. Kellman?


  4. Hmmmmmmm………

    I was wondering when Henderson would have “crawled out the woodwork.”

    Lookout……..should we prepare for a visit from Beresford?


  5. That is the thing……the GG can only challenged by the Sovereign in the UK, who does not involve itself with the day to day management of the island….

    .but that does not mean John cannot write a letter to buckingham palace highlighting his grievance, real or imagined..


  6. This mockery of what should be our sacred constitution belittles the country and takes us for idiots. Bee or Dee , Solution or KGB this parody is not true parliamentary democracy. Already you have dictator conditions with zero opposition. Now this folly. We will not be paying attention to anything from this man who we are told is a pastor. He will placed on ignore. Thinking persons know Mottley has skin in Atherley’s game. An opposition leader without credibility whose philosophy mimics the ruling party cannot represent over fifty percent of the country that didn’t vote red. The only positive to this double dealing maybe Caswell Franklyn a maverick unionist who is a genuine loose cannon. The puppet Opposition Leader may not be able to muzzle him and may end up firing him.


  7. It could be argued that Mr. Kellman had no confidence in Mr. Thompson and visa versa. How then did Mr. Thompson become leader of the opposition and not Mr. Kellman?

    ++++++++++++++++++++++++

    What you are actually doing is making a case for a minimum of 3, and not the duality I am proposing.

    I am sticking with my duality!!

    Let’s say Mr. T and Mr. K begun by agreeing on who was the leader of the opposition.

    Mr. K proposed Mr. T to be the Leader of the opposition.

    Mr. T seconded and the said Mr. T went to Government House to get annointed.

    It doesn’t have to be that formal, they just need to agree.

    Mr. K is stuck with Mr. T for the simple reason that all the motions of no confidence Mr. K might bring against Mr. T, will never get seconded.

    Mr. T will stick by Robert’s rules and require formality.

    Stalemate.

    So, you ask yourself the question … who is the leader of the opposition?

    The answer is simplicity itself.

    There is no leader of the opposition in such an instance.

    So the GG in his/her discretion, not being satisfied that there is one leader who represents the two members of the opposition revokes Mr. T’s appointment.

    Since there can be no leader of the opposition, Parliament needs to be dissolved and the people asked once again what do they want?

    The people will always solve the impasse.

    Just ask them!!

    Duality can by it’s very nature be unstable but it fits the constitutional requirements as it can produce a leader.

    It just shows that there are some instances where two people cannot agree.

    This is part of being human.

    Plurality in the opposition makes Parliament more stable but duality can work.

    Believe it or not, it is the opposition who really has the power in this situation!!

    HB, who was the GG at the time?


  8. This is so so simple.

    The problem is the blasted politics!!

    No one is prepared to use their brain!!


  9. Mr. T and Mr. K if they agreed on the need to have an election could have gone to the GG and said neither one wanted the other to be the Leader of the Opposition.

    Obviously they did not want an election to solve the stalemate!!

    Perhaps they feared being labelled little children and being viewed negatively by the electorate.

    So they held Barbados to ransom and we got more of O$A when the two of them could have got rid of him earlier than 2008!!

  10. NorthernObserver Avatar
    NorthernObserver

    I believe that allowance should be made, where all seats are won by one party, for the GG to appoint 2-3 opposition members. In a similar vein, the PM can appoint 3(?) senators to serve as Ministers, as the former administration did with Byer-Suckoo, Maxine McLean and Darcy Boyce. None of these 3 were elected but they served. The point being to have persons in Opposition who actually OPPOSE, and not somebody who crosses the floor to increase salary and status. Likely they would come from the Senate appointees by the GG.
    Unfamiliar with Republic constitutions, what happens if one party wins all the seats? What powers does the President have?

  11. charles skeete Avatar
    charles skeete

    Let me be clear I am not seeking any fame or glory but let truth be told it was Charles Skeete who first raised the apparent in his view unconstitutional appointment of Reverend Atherly as Leader of the Opposition on Barbados underground and it is disingenuous in raising further discussion on the matter not to mention the contribution of person who initiated discussions on the subject to the dislike of some

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

    Northern……check out Grenada’s constitution, they are a republic, or Dominica or Trinidad, they have presidents.


  13. Robert’s Rules of ORDER!!

    “Robert’s Rules of Order Newly Revised, commonly referred to as Robert’s Rules of Order (or simply Robert’s Rules), is the most widely used manual of parliamentary procedure in the United States.[1] It governs the meetings of a diverse range of organizations—including church groups, county commissions, homeowners associations, nonprofit associations, professional societies, school boards, and trade unions—that have adopted it as their parliamentary authority.[2]”

    A member of a deliberative assembly has the right to attend meetings, make motions, speak in debate, and vote.[34] The process of making a decision is done through a motion, which is a proposal to do something. The formal steps in handling a motion are the making of a motion, having a second, stating the motion, having debate on the motion, putting the motion to a vote, and announcing the results of the vote. Action could be taken informally without going through these steps by using unanimous consent.[35] When making a choice, the basic principle of decision is majority vote. In situations when more than majority vote is required, the requirement could include a two-thirds vote, previous notice, or a vote of a majority of the entire membership.

    https://en.wikipedia.org/wiki/Robert%27s_Rules_of_Order

    +++++++++++++++++++++++++++++++++++++++++

    There has to be a minimum of two to propose and second a motion.

    If you want to look for parallels look into company articles and you will see an absolute minimum of 2 (usually 3) shareholders to elect a board at AGM.

    In Directors’ meetings, a guorum is also set usually 3.

    Pick any company and go look!!!

    This is basic stuff.

    30-0 can’t work and is a nonsense

    29-1 can’t work and the contrived manner in which it was achieved makes it into a bigger nonsense!!!

    28-2 can!!

    27-3 can

    etc.


  14. In companies, there can be a sole shareholder and then he/she/it calls the shots.

    But so long as there are more than one, Robert’s Rules of Order are implicitly assumed to apply.

    It is impossible to have 2 shareholders in a company who disagree.

    If they do, then the company can work.

    I have been through all this before and watched seemingly intelligent lawyers and judges apparently unable to comprehend this extremely simple basic concept.

    For me this is old hat!!


  15. It seems to be …Much ado over nothing! The fact is there is no real opposition because the people kicked the crooks out in the opposite way to how Sir Gary Sobers hit Malcom Nash for six sixes. A more positive commentary would be supporting the Government to get get the island out of the fiscal mess that we have been buried in by a bunch of morons who continue to blow cow s… as was reported in yesterday’s Nation.

  16. de pedantic Dribbler Avatar
    de pedantic Dribbler

    “I have been through all this before and watched seemingly intelligent lawyers and judges apparently unable to comprehend this extremely simple basic concept.”

    And @John yet you continue to belabour the simplicity which most of us and they obviously understand and you refuse to acknowledge which Dean Jeff so smoothly described above re the “force of …reasoning so far as the English language is concerned” is NOT APPLICABLE and cannot always be interpreted to validate a legally binding context.

    It is amazing to read your continued straw arguments. The point is indeed simple.

  17. charles skeete Avatar

    For those of us who want to sweep under the carpet the contrary views querying the appointment of the goodly Bishop to the post of Leader of the Opposition; the question by Chairman of the Barbados Labour Party the Honourable George Payne to Bishop Atherley is instructive and I quote
    ” Have you resigned from the Barbados Labour Party?”
    The question is whether the Governor General sought to so determine before acceding to Bishop Atherly’s request/demand for appointment as the person so qualified.


  18. The equally important question is what about BLP rules? Has he been expelled from the party?


  19. We are back to questioning the prerogative and discretion of the GG?

  20. Are-we-there-yet Avatar
    Are-we-there-yet

    Charles Skeete;

    The scope for interpretaion imbued in a legal document is significantly greater than in an English grammar essay and those trained to draft and interpret such documents must have a better understanding of the conclusions that can be drawn from and what constitutes a proper legal interpretation of such arcane documents. Therefore you are likely correct as far as the grammar of the constitution is concerned but Jeff’s interpretation trumps yours, mine, John, Dr (I forget his name) and whoever else approches the matter from a purely grammatical basis.

    Therefore, I suspect that the question above that the Hon George Payne asked of Bishop Atherly is really of no consequence since Political Parties are not recognized in the constitution and the GG would have no statutory need to explore and determine that fact. The question is a political one and I therefore suspect that the Hon. George Payne was wearing one of his political hats when he asked it, not his legal one.

  21. Are-we-there-yet Avatar
    Are-we-there-yet

    David; Please release my post above.


  22. 30-0 is a nonsense.

    The simple fact that Reverend Joe did what he did and “saved the day” makes that fact indisputable.

    So what abut 29-1?

    Lets try counting down to show how simple this is to be shown this too is a nonsense.

    Counting up from 0 seems to be a challenge when 1 is reached!!

    Lets suppose instead of 30-0 it was 20-10.

    AND no DLP member was present in the opposition 10 seats.

    How would a leader of the opposition have been selected since there is no party leader already chosen?

    The 10 would meet, and discussions would ensue.

    At some point when a decision was necessary they would divide if say two candidates were willing and suitable.

    Each would get a proposer and seconder, 4 out of the 10, and a vote would be taken.

    The remaining 6 would determine which of the two candidates would be leader.

    If there was a tie, there would be further discussions and the process would repeat unless one withdrew.

    So now countdown from 10 to 1 and then 0.

    21-9 works

    22-8 works

    23-7 works

    24-6 works

    25-5 works

    26-4 works

    27-3 works.

    28-2 works

    29-1 does not work

    30-0 does not work

    The 10 could even decide to rotate the post of leader of the opposition every 6 months so each would in theory get an equal experience … once the term is a full 5 years!!

    What has gone on in the past 18 days or so is complete utter nonsense.

    Big able people ought to know better!!

    The constitution foresaw all of the unprecedented occurrences above.

    It is just the lawyers who can’t foresee anything and who deal entirely in precedents past who have confused people’s heads.

    The Constitution is miles ahead of them!!

    Trust the people and go back to them!!


  23. Poor John, I really pity you…….

    This is the third week since the famous REDWASH and you are still with the same BS………..my man, you really need to get a life and get a grip on reality.

    You are losing it!


  24. Payne is being a clown………political parties play no role in the language of the constitution, anyone can leave from the government of the day and join the opposition benches…or become LOO..once appointed by the GG……..hopefully it does not take another 50 years for that reality to sink into hard ass heads..

    .the electorate should be voting candidates and not political parties, they are an illusion…

  25. de pedantic Dribbler Avatar
    de pedantic Dribbler

    @Are-We re your 10:59 : Three cheers. Perfectly well noted.: the constitution does NOT recognize political parties.

    The remarkablebe thing about BU generally and this debate most alarmingly is blogger intellectual gymnastics.

    SMH.


  26. CASE RED

    (2) Whenever the Governor-General has occasion to appoint a Leader of the Opposition he shall appoint the member of the House of Assembly who, in his judgment, is best able to command the support of a majority of those members who do not support the Government,

    DUALITY, ROBERT’S RULES, PROPOSER and SECONDER

    30-0 CANT WORK, ACCEPTED BY ALL HENCE REVERND JOE!!
    29-1 CANT WORK, REJECTED BY MANY, ACCEPTED BY FEW!!
    BUT EVERY COMBINATION FROM 29-2 to 16-14 CAN!!

    CASE BLUE

    if there is no such person, the member of that House who, in his judgment, commands the support of the largest single group of such members who are prepared to support one leader:

    NO GROUPS
    30-0 CANT WORK
    29-1 CANT WORK
    BUT EVERY COMBINATION FROM 29-2 to 16-14 CAN!!


  27. Waaait John still on this? It seems he wants the GG to declare the election null and void.😂😂😂30-0


  28. Many years ago Premier the Hon Grantley Herbert Adams said in the House…Mr Speaker,the only thing Parliament can’t do is make a man into a woman.All the hogwash John swilling on BU is just that hogwash.Ask Sir Philip who loves to use that term when he speaks appropriately.

  29. TheoGazerts Jnr. Avatar
    TheoGazerts Jnr.

    @John
    I have this problem to solve.
    There is an island with a single inhabitant. Is he a majority of the population or being just one is he a minority?
    A friend wants to argue that’s he more than a majority, he’s all the inhabitants on the island.
    Perhaps the phrase should have include “or all”.
    Wuhloss
    I gine dead


  30. Poor John, I really pity you…….
    This is the third week since the famous REDWASH and you are still with the same BS………..my man, you really need to get a life and get a grip on reality.
    You are losing it!
    ++++++++++++++++++++++++++

    Don’t worry about me, I got it.

    Three weeks on and few others have!!

    Even the Roti man on the street got it!!


  31. Dis is how some of the on looking public interprets the outcome of Bishop Joe’s sacrifice

    He is doomed to get cursed 29 times every Tuesday in the HoA for 5 years.

    Notwithstanding the LoO salary he now pulling heheheheheh

    https://i.imgur.com/CmWf9il.png

  32. millertheanunnaki Avatar
    millertheanunnaki

    @ John June 14, 2018 1:01 PM
    “The Constitution is miles ahead of them!!
    Trust the people and go back to them!!”

    There is a saying that ‘if you are not part of the solution you must be part of the problem’; or something along those lines.

    Senor Juan, this is over two weeks you have been flogging a Constitutional dead horse.

    Now what are you recommending in order to resuscitate (far more resurrect) your political dead horse which even the people of St. John have decided to abandon and to discard the livery of yellow-coated johnnies?

    Who in the commonsense world of Constitutional tarnation would be making that decision to go back to the same people who made their feelings known in no uncertain terms?

    What would happen if the people reconfirm their intentions and return a similar 30-0 result?

    Let us suppose you would want the electorate to return a sufficient number to form the combination which you think would result in the kind of Leader of the Opposition chosen by a ‘majority of the minority’ of elected members to the HoA.

    Now would you tell us which of the existing 29 members currently supporting the government should give up their ‘duly’ elected status in the HoA to make way in order to facilitate the election of other members who will be inclined to oppose the ‘reelected BLP’ government to satisfy your Constitutional ‘moot’ point?

    Why not start with the member for St Michael North East?

    Why can’t you get it through your hard sea-shell head that the electorate have spoken in the most indisputable way ever in Bajan electoral history and there is no way they will be prepared to reelect even a yard-fowl type roll of DLP sea-crab shit(e) from that unanimously rejected lot of pooch-lickers.


  33. @PUDRYR

    You asked on another blog if the blogmaster agrees with the proposal by the AG to jettison hundreds (thousands?) of cases from the system. To use his words the system is about to crash under its own weight. Is this correct? Are we able to solicit independent verification? The impotent Bar is vested in the system, where do we turn- the Hill?

    How do we guarantee that a transparent and untainted approach will be taken? If John Citizen and blogmaster can b assured then we find ourselves in a better position to comment? Looks like a worthy topic for the law professor.


  34. @ The Honourable Blogmaster

    Here is my take on the Idiocy that Dale Marshall has proposed.

    When you or I go into the Court at Whitepark Road, WHEN IT IS OPENED, and we are seated waiting on our matters IF THEY GET ROUND TO CALLING YOUR CASE you are able to see the full list of cased for that day IF THE BRAND NEW SCREENS ARE WORKING.

    That first of all suggest that so called “privacy” of legal matters and who are the litigants is not too critical.

    secondly It would mean that there is a list of all the cases somewhere in the system.

    Now, as it relates to “lists” a simple spreadsheet that gives the name of the defendant, the plaintiff, the category of litigation, the file number, the age of the matter would permit one to (i) categorize the matters in order of priority and (ii) type of matters criminal, civil, family etc

    That should be the methodology that Mr. Marshall should use but given his beligerent self NOTHING LIKE THAT WILL HAPPEN cause Dale is “large and in charge”

    YES, we are able technically to independently verify the matter but it will take some ground work.

    The late Trevor “Job” Clarke started an initiative called “Justice for All” which was essentially supposed to an NGO whose focus was on getting lists of legal matters from the average man and woman and then seek to prosecute those matters (the last part was quite ambitious considering the financial status of the people who were being courted.)

    But, technically speaking a simple GoDaddy or Weekly website can do the job (even an applicable wordpress theme to facilitate Intake and member “monitoring”.

    The first iteration of the site would be a portal that would (i) permit the party to enlist and (ii) record baseline information on the case

    As to the mutual assurances that the blogmaster and John Citizen would need, prior to Due Diligence on the submitted information, there would be none for the Blogmaster and conversely i would hope that the Blogmaster would be someone like yourself to address the integrity concerns of John Citizen.

    As Mr Codrington said in another blog, the blockchain technology would be relied on to lock in record integrity/auditing requirements.

    The thing is that the second tier of such a platform potentially could obviate specific functions that lawyers conduct and which some lawyers conduct dishonestly.

    E.g. land sales, covenanting and the archaic asset swaps where people like Michael Carrington and some of the characters above in the carousel titled lawyers in the news, can and have purportedly interject themselves into misappropriating client proceeds/funds

    This is a time for change where the wiser John Citizens among us MUST TAKE THE REIGNS OF CONTROL from these demigods.

    The issue that we do gooders must adhere to is that we put systems in place that MAKE SURE THAT WE AND OUR SUCCESSORS ARE FORCED TO BE HONEST cause we cant falsify the subcutaneous digital confirmations required by distributed ledgers.

    But that is a possible future

    https://i.imgur.com/C8AUccI.png

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

    Marshall will have to be monitored closely regarding jettisoning cases, criminals cases I can see it happening because of the incompetence of the office of the various commissioners of police, of the DPPs office and prosecutors in their negligence to present files to the courts resulting in years of adjournments and no closure, for which they should have all been fired by the equally incompetent GGs of the day if any recommendations had been made by the equally incompetent and neglectful heads of the civil service commission, or judicial legal service commission to the incompetent ministers…but the yardfowl brigades of incompetence and party supporters ruled for the last 52 years….so this is the result….those criminal cases will have to be thrown out.

    The civil cases on the other hand are the ones that must be watched very carefully, their neglect and lingering without closure was willful and malicious so the heirs, beneficiaries and claimants etc who are still alive….. those who the lawyers and others used the waiting for them to die approach to deny closure to those cases….must be vigilant of Marshall and his real intent to cover his and his fellow lawyers asses for what they have done before….they must never be allowed to get away with any of it particularly in the land and property civil matters where theft from land owners is still the order of the day by bar association members……. and personal injury cases where they are bribed by insurance companies to deny compensation to injured people.

    As I have seen, there are civil personal injury cases that should have been settled years ago, they have no right lingering in adjournment after adjournments because lawyers are refusing closure, those are the cases Marshall should be forcing his fellow lawyers to conclude, settle, wrap them up and pay the people their money instead of trying to tief it….or waiting for the claimants to die to tief it…..get those cases out of the system…

    …..some personal injury cases are over 10 years …or 9, 8, 7, 6, 5 4 years dragging through the nonfunctional supreme court for no valid reason when it has already been confirmed and proven that the injuries took place, that the accused was negligent, that the accused and insurance companies are liable, so why are these cases still being adjourned for years on end through malicious lawyers and insurance companies and judges who obviously have no control over their own court rooms and are also being seen as corrupt….the court must collapse under all that weight.

    The land dispute cases are even worse and lawyers and others who use the court system and it’s uselessly destructive process as a weapon to steal land and property from the sick, elderly, disabled, dying and dead, should be imprisoned, they have all been committing these crimes against the defenseless and vulnerable land and property owners since the 1960s…ask Simmons.

    So yes….Marshall must be watched closely,


  36. Now would you tell us which of the existing 29 members currently supporting the government should give up their ‘duly’ elected status in the HoA

    +++++++++++++++++++++++++++++++++++++

    An unconstitutional House of Assembly is by definition un-constitutional!!

    As the man in the street says …. it is mock!!

    I am not the problem, the man in the street is!!

    If we have a mock or unconstitutional House of Assembly, what would you suggest we do?

    Unconstitutional/mock trumps duly elected!!

    “Oh the crystal chandeliers light up the paintings on your wall
    The marble statuettes are standing stately in the hall
    But will the timely crowd that has you laughing loud help you dry your tears
    When the new wears off of your crystal chandeliers”


  37. There are 30 marble statuettes standing stately in the hall.

  38. charles skeete Avatar

    Not at all, Are- you- there not at all
    Mr Payne never challenged Mr Atherlys appointment at least not yet but his question I repeat again is instructive
    “Have you resigned from the Barbados Labour Party?” and if he hasn’t; this is the strongest case so far devoid of complication which validates the view of those who believe that the Governor General erred in appointing Bishop Atherly to the post of Leader of the Opposition
    something which can be corrected with as simple and amendment to the constitution as was done to accommodate those nominated to the Senate without the requisite residency status
    and to those peddling this nonsense about the Constitution not reconizing parties
    I posit that this might be so not in name but it recognizes groups and I ask if the
    persons who sit in Parliament are not representative of groups
    and I am not aware of Mr Cumberbatch’s recent position on the issue but I do know that when I first broached the subject; Mr Cumberbatch did say that I have a point albeit inchoate.


  39. @David
    You asked on another blog if the blogmaster agrees with the proposal by the AG to jettison hundreds (thousands?) of cases from the system.
    +++++++++++++
    So what changed? The last I heard was that the Gov’t was going to hire 3 “temporary” judges to clear the backlog of 10,000 cases and I thought that is a lot of overtime unless “temporary” has taken on a very different meaning.

    How will they assign a priority as to what cases to “jettison”? Here is one suggestion all those cases of people having “vegetable matter” of insignificant value should be dismissed forthwith. They just clog up the Courts, however those are the cases most likely to be tried and more often than not the people end up at Dodds on the Gov’t dime where they have to be fed three squares a day and that adds to the deficit.


  40. @Sargeant

    Three judges will not address the backlog.

    The concern you have is what the AG must satisfy. How will the surgery be performed.


  41. ” June 15, 2018
    Prime Minister Mia Mottley has announced that there will be changes coming to the five-decades-old Town and Country Planning Act that could impact on how land development is done in Barbados.”

  42. Jeff Cumberbatch Avatar
    Jeff Cumberbatch

    …and if he hasn’t; this is the strongest case so far devoid of complication which validates the view of those who believe that the Governor General erred in appointing Bishop Atherly to the post of Leader of the Opposition

    @ mr Skeete, The GG could have erred on;y if she acted contrary to her considered judgment

    Whenever the Governor-General has occasion to appoint a Leader of the Opposition he shall appoint the member of the House of Assembly who, in his judgment, is best able to com- mand the support of a majority of those members who do not support the Government, or if there is no such person, the member of that House who, in his judgment, commands the support of the largest single group of such members who are prepared to support one leader:


  43. Inchoate, otiose …. only a lawyer could come up with these words!!!!


  44. Did you know there is the Reasonable Man Doctrine?

    “The cornerstone of American Jurisprudence is the Reasonable Man Doctrine. Unless your case centers on some obscure legal technicality, the Reasonable Man Doctrine will be used extensively throughout your self-defense trial. What would a reasonable person have done under the same circumstances, knowing what you knew at the time? That phrase, my friends, will be your lifeblood during the episode of your life that will likely define you as a man or woman.”

    https://www.personaldefensenetwork.com/article/the-reasonable-man-doctrine/


  45. Really???….weeks later Jeff still has to be explaining this all over again.

    Now yall see why I cut my reading of comments to only certain ones.

  46. de pedantic Dribbler Avatar
    de pedantic Dribbler

    @Dean Jeff, one must thank you for your patience and continued even dispensation of legal clarity on this matter, HOWEVER you fight a losing battle, here!

    The ‘opposition’ debaters here offer what can be best described in Trumpian vernacular as ‘alternative facts’ and will hold to their view regardless of the solid basis of your legal opinion. Of course as you have said often here a legal opinion sans the finality of a final appellate judgement is still just a opinion, learned or not!

    They hold that there can be no group of one, thus Atherley’s appointment is ultra vires.. Alternative fact one…despite the clarity of the constitution dismissing that position.

    They further hold that the GG is somehow politically motivated or if not does not have the ability to appoint a member of the ruling party as the LoO…Alternative fact two… This despite the man’s crossing the floor thus being so valid for post according to Constitution and the right vested in the GG to so act also stated clearly in said Constitution doc.

    So I wish you luck as you continue to show-up their remarkable mental gymnastics….it’s decades now since we (of that age) were riveted to our TVs to see a young sprat called Nadia Comaneci score perfect 10s at the Olympics …you sir will likely have to do even better than that perfection to defeat this lot of gymnasts 🙂

  47. millertheanunnaki Avatar
    millertheanunnaki

    @ John June 15, 2018 7:58 AM
    “An unconstitutional House of Assembly is by definition un-constitutional!!
    As the man in the street says …. it is mock!!”

    The current HoA is as “Constitutional” as those which presided over the governmental affairs of Barbados from 1639 to 1951.

    What say did the vast ‘majority of Bajans (especially blacks) have in those old dark satanic days of dreaded cane fields and killing sugar mills?

    You still not yet addressed the most burning issue about which you are worrying.

    How should “the man in the street” replace the existing “mock” HOA with a ‘real-real’ elected 30 member Assembly with a minimum 26 to 4 ratio to ensure that there is a properly elected Leader of a duly elected Opposition in Parliament and reflective of the need to carry the fight against a formidable 26 member Cabinet?


  48. “The current HoA is as “Constitutional” as those which presided over the governmental affairs of Barbados from 1639 to 1951.”

    Outside of the 15 amendments to the Constitution .from 1974 to 2007 and more recently last week….the constitution of 1651 when the British governors of the island were given their independence and responsibilities to manage the island day to day with very little interference from the UK…..and then the abolition of physical but NOT mental bondage of the majority black population…..thethen introduction of permission for the black majority to elect candidates, not political parties, to be their representatives and all that should entail for the island’s progress and the entire population’s economic futures and wellbeing…..very little has changed in the document from it’s 1600s template…..

    It is instructive that there were no political parties back when the british governors managed the island in the 1600s to 1900s ….there were none then and are now still no valid, intelligent or legal reasons to provide for political parties in this present or any future constitutional document…

    ..political parties have wreaked enough havoc and visited enough psychological damage on the minds of the majority population and total financial damage and destruction on the island and Caribbean at large..


  49. MTA

    The current HoA is as “Constitutional” as those which presided over the governmental affairs of Barbados from 1639 to 1951.

    +++++++++++++++++++++++++++

    Well, that would depend on what the constitution from 1639 to 1951 said!!!


  50. Wonder if Jeff knows what the previous constitution said!!

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