My attention has been drawn to an article, “Power to the Prime Minister!” purportedly written by Ezra Alleyne, in the Sunday Sun of August 19, 2018.

Mr. Alleyne referred to an exchange between Senator Moe and me, in the Senate, about the appointment of a person to the post of Director of Communications by the Prime Minister.  I contended that the Prime Minister of Barbados has no power to appoint persons to public service posts.  Senator Moe disagreed on the point that the person was a consultant and not a public officer.  She went on to point out that all prime ministers of Barbados have so far appointed consultants.  Apparently, she does not understand that persons can legally be appointed on contract to public service posts but not by the Prime Minister.

I am not surprised that Mr. Alleyne weighed in on Senator Moe’s side but in doing so, he attempted to obfuscate the issue behind some nonsense about the first Prime Minister of England, Sir Robert Walpole, and all other British prime ministers since then appointing consultants.  While I can agree that prime ministers of Barbados can arrange to have their permanent secretaries hire consultants, on a contractual basis, I must point out that none of those consultants have ever been assigned to public service posts.

On Wednesday, August 15, 2018 the Senate debated and approved the Public Service (General) Order, 2018 that was made by the Prime Minister in her capacity as Minister with responsibility for the Public Service.  In addition to raising salaries by 5 percent that order, among other things: established offices in the Public Service; and determined the number of persons who may be appointed to those offices.  Under the head, “Prime Minister’s Office”, the Prime Minister established one post of Director of Communications.  That post is therefore a public office and as such, it is subject to section 94. (1) of the Constitution of Barbados, which states:

Subject to the provisions of this Constitution, power to make appointments to public offices and to remove and exercise disciplinary control over persons holding or acting in such offices is hereby vested in the Governor-General, acting in accordance with the advice of the Public Service Commission.

It is my understanding that the person who occupies the post of Director of Communications is a non-national who was engaged by the Barbados Labour Party to interfere in the recent elections.  It is noteworthy that non-nationals who are alleged to have interfered in the 2016 United States elections have been indicted to stand trial.

My concern is that this present administration is attempting to further blur the line between constitutionally protected Public Service and party politics.

Mr.Alleyne closed his article by saying, “To the victor the spoils”.  I would like to point out to him, who fancies himself as a constitutional expert, that public service appointments are not part of the spoils of election victories in this country.  To my mind, Ms Mottley’s action, of appointing a director of communications, is an abuse of power that might very well be unconstitutional.  It reeks of the corruption that Solutions Barbados and the Barbados Labour Party campaigned against.

93 responses to “Senator Caswell Franklyn Speaks – Oh No Mr. Alleyne! The Prime Minister has no Power to Breach the Constitution”


  1. Caswell

    I am on your side muh brudda.

    You walk good.I have more faith in you than all of these so-called politicians.A lot of empty vessels – all of them.

    Right now I wish we had at least 10 or 12 more of Caswell to keep them straight.He would act as the Senate ‘BULL-PISTLE’ – one taste from him (the bull pistle) and you sit up straight and fly right ha ha.

    But caswell on another point ‘Under blog If Mia cares’ – I asked you if you knew that the 2016 General order was revoked and also if there were anything in the 2018 General Order which replaced it – that we should pay particular attention to.

    I didn’t see a response.I don’t know if you say that post.


  2. well done. seems as though you are getting advice from a lawyer and not any lawyer but one knowledgeable in the constitutional and administrative matters. i can think of one such person. nevertheless a sensible response.

    we seem to think that our governance system mirrors that of the US where the president can select heads of govt department on a partisan basis. the civil service is a neutral body and should remain so. MPs decide policy and civil servants put those police into practice once they are legal and can be carried out. in effect the politicians are policy makers and the civil servants technical officers.

    nowadays the lines seem to be blurred or getting blurred. a lot of politicians are reaching into technical areas without regard for how the civil service functions or its capacity, and civil servants seem to have political bias.


  3. @ james Greene
    seems as though you are getting advice from a lawyer
    +++++++++++++++++++++++++++++++++++++++++
    Nonsense….
    Caswell is able to read and understand …and is not encumbered by the albino-centric tendencies that is correlated with lawyers in Barbados.
    Indeed, his main strength is his contempt for lawyers (except for Jeff – but Bushie is working on that slowly… 🙂 )

    This man Alleyne typifies lawyers in Barbados.
    What amazes Bushie is that he continues to push himself as some kind of light…..


  4. The Constitution with all its faults are very clear on that, all such powers are vested in and should be referred to the GG…was she even consulted prior to the appointment.


  5. @Bush Tea

    Was the Senator on his feet for 1hr:25min?


  6. I am not really surprised by Mr. Alleyne’s comments. These are interesting times indeed.

  7. Caswell Franklyn Avatar
    Caswell Franklyn

    Reblogged this on Caswell Franklyn’s Weblog.

  8. Jeff Cumberbatch Avatar
    Jeff Cumberbatch

    In my view, the critical issue is whether the appointment is a public service appointment or not. If it is, then Caswell is right…appointments must follow the constitutional mandate. If it is not, then it becomes a personal Prime Ministerial or party appointment, one not to be remunerated with public funds…


  9. Caswell seems to get somethings wrong … sometimes!!

    We all do!!


  10. The real Opposition Leader


  11. In the Prime Minister’s interview with David Ellis she was very clear that SHE gave instructions to structure Jong’s contract to die anytime she leaves office. It should be obvious who is right in this matter.

    https://barbadosunderground.net/2018/07/15/an-interview-with-prime-minister-mottley/

  12. TheophiliusGazerts Avatar
    TheophiliusGazerts

    Was going to leave but having seen this post I must now wait for Mariposa’s deconstruction.

    Until then “Great job, Caswell”


  13. “This man Alleyne typifies lawyers in Barbados.
    What amazes Bushie is that he continues to push himself as some kind of light”

    I am amazed that articles by Mr Alleyne could attract attention and what amazes me further is the misconception that he is some kind of constitutional guru…..


  14. “Under the head, “Prime Minister’s Office”, the Prime Minister established one post of Director of Communications. That post is therefore a public office and as such, it is subject to section 94. (1) of the Constitution of Barbados, which states:

    Subject to the provisions of this Constitution, power to make appointments to public offices and to remove and exercise disciplinary control over persons holding or acting in such offices is hereby vested in the Governor-General, acting in accordance with the advice of the Public Service Commission.”

    If the above is indeed the case; there is no need to skirt around the issue. The appointment is ultra vires and could not have occurred if the Prime Minister had proper advice. How we long for senior public officers of the calibre of Sir Frank Blackman, Major Rudolp Daniel, F. A Parris and persons of that ilk not like the square pegs in round holes whose only interest it seems is to fulfill the wishes of their political masters to maintain their own relevance.


  15. I am confused, I don’t hold any brief for Mr. Jong but there have been consultants in the Gov’t going back to OSA’s time and probably before. I knew of a backbencher back in the day (of OSA) who was also a consultant in the Min. of Ed. How were the terms of employment for these consultants defined? Was there a laissez faire approach to these contracts and now Caswell is upsetting the applecart?

  16. Mind Your Business Avatar
    Mind Your Business

    Don’ get tie up Sargeant … this particular position is already a Public service position. Maybe the PM should change the name of the position or something, but why not just follow the rules or have the BLP pay for the appointment


  17. @charles skeete August 19, 2018 1:06 PM “How we long for senior public officers of the calibre of Sir Frank Blackman, Major Rudolp Daniel, F. A Parris and persons of that ilk.”

    Well “persons of tat ilk” are dead or dying or retired.

    So my question, do we provide training for our civil servants? Are they required to know, understand the general orders? Do they understand that they must work within the rules, and why they must work within the rules? I’ve had a youngster within the service say to me “the Minister said” my response “I don’t care what the Minister said, I was an adult while the Minister was still peeing his mother’s bed.” It didn’t go down too well…


  18. Caswell

    You were asked a question twice and did not even deign a reply.

    All I would say is it would be helpful to look at a class act in Jeff Cumberbatch.

    There is no question or questioner that he thinks is not worthy of a reply.

    Arrogance is not a jacket that I think would fit you well.

    I still wish you well and expect many good things from you.


  19. To my mind, Ms Mottley’s action, of appointing a director of communications, is an abuse of power that might very well be unconstitutional. It reeks of the corruption that Solutions Barbados and the Barbados Labour Party campaigned

    To my mind everything so far this present govt has presented reeks of corruption

    notransparency

  20. peterlawrencethompson Avatar
    peterlawrencethompson

    Section 90 of the Constitution deals with the establishment and composition of the Public Service Commission and states:-

    “There shall be a Public Service Commission for Barbados which shall consist of a Chairman and not less than three nor more than five other members who shall be appointed by the Governor General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, by instrument under the Public Seal.”

  21. peterlawrencethompson Avatar
    peterlawrencethompson

    The members of the Public Service Commission are as follows:

    Mr. David Bowen, C.B.E – Chairman
    Mr. Calvin Springer, G.C.M – Member
    Reverend Canon Burke – Member
    Sir Everton Weekes, KCMG, GCM, O.B.E., LL.D (Hons.), J.P. – Member
    Mr. N. Keith Simmons, Q.C – Member
    Lt.Col. Atheline Branch, M.B.E. – Member

  22. peterlawrencethompson Avatar
    peterlawrencethompson

    Caswell, can you tell me if the Public Service Commission members are currently as listed above?


  23. Appointed or not
    Disappointment should be the logo given to this barrage of consultants and advisors
    Cant belive that a country drowning in debt can afford a dog and pony show at taxpayers expense under the guise of ” many hands make for light work” now our politics have been regulated to the bumper sticker mentality
    I blame PDYR for that


  24. @Peter

    Based on the PAD’s website yes.

    http://www.padbds.com/the-public-service-commission


  25. Caswell lying low!!

    Too much licks sharing!!


  26. I did a little research and I am somewhat confused. A quick peek at the Estimates for 2018-19, brought to the house by the last DLP lists the established post of Director of Communications within the PM’s office at S6, $88,183 per annum or $7,348 gross per month. The post was also listed in the 2017-18 Estimates. So has PM Mottley created an additional post of Director of Communications or is Jong the Communications Consultant?

  27. Caswell Franklyn Avatar
    Caswell Franklyn

    T. Inniss

    You have me at a loss. Before I went to bed around 4:00 a.m. I browsed the Sunday Sun and saw Ezra Alleyne’s article. I tried to go to sleep but no matter how tired, his rubbish would not let me get to sleep. I got up wrote my response, sent it to BU around 7:50 a.m. and then I went to bed. I got up around 12:00 checked to see if David had posted the article and went back to bed. I am now only seeing that you are chastising me for something that you asked on another thread. Sorry, but I did not follow that one.

    In any event, if you were following the reports, I highlighted four things that were wrong with the order.

  28. Caswell Franklyn Avatar
    Caswell Franklyn

    John

    I am not lying low – just busy.


  29. Great to hear!!


  30. Mr Simple Simon I would continue to posit that all the confusion and incompetence which has permeated the public service at a high level stems from the infamous 1974 constitutional appointments which usurped the powers of the various independent services and placed appointments in the hands of the political directorate bringing political partisanship and connection directly into the management of public affairs and practically throwing in one swoop merit and efficiency along with it through the window. So until those iniquitous amendments used to the detriment of the ineffective management of the country by both political parties over the years are repealed then Governments will continue to be saddled with bar advice by persons having not come through the system are not familiar with the nuances of public service
    management.
    And Mr Simon should any of those Lilliputian Ministers dare to carry any nonsense to those persons I mentioned and others as well
    They would be severely punished with laughter.
    Ministers could not get those principled gentlemen to do nothing which did not conform with public service regulations or the Financial Audit Act.


  31. Caswell @ 4:16 p.m.

    O.K. my brother – no hard feelings.


  32. Now what puzzles me is that in one breath we are touting layoffs and in another we are creating posts the remuneration to which could pay several of those who might be laid off.
    And why must the country be burdened with such an innocuous Goebbels like post of Director of Communications when there is already a Government Chief Education officer and a Minister of Information
    The country is supposed to be broke
    Yet we proceed to install one of the largest cabinets to the ratio of the population in any part of the world.
    It just does not make sense to me but then again according to Mr Lawrence I could be clumsy in my thinking.

  33. pieceuhderockyeahright Avatar
    pieceuhderockyeahright

    “…In my view, the critical issue is whether the appointment is a public service appointment or not.

    If it is, then Caswell is right…appointments must follow the constitutional mandate.

    If it is not, then it becomes a personal Prime Ministerial or party appointment, one not to be remunerated with public funds…”

    This is the opinion of the Luminary Jeff Cumberbatch and though he Jeff is not the inviolable Nazarene in a few things his opinion is law to de ole man.

    The fact is that after May 24th people are aware of their power and ARE STANDING UP

    Mia Mottley nor none of she followers ent accustomed to this phenomenon AND DEN REALLY DON’T KNOW HOW TO HANDLE IT!!!

    One time her emissary (45Govt thank you) Lucille Moe would have gotten up and tell Caswell as she did “I left the chamber just now ad call Mia and she tell me to say dis SO HUSH TO FVCK UP” and CASWELL would have put his tail between his legs and sat down.

    Now “watch muh now” realizing that she et a demigod AND ALL OF DEM FRIGHTEN OF THE POWER OF THE INTERNET

    But let de ole man go a little further and explain what is really happening and why the subversion of the hiring rules and regulations.

    Charles Jong’s expertise in addition to tekking video recordings that make people uncomfortable is versed in remote access to systems.

    So….anyone of the government’s computers that receives an email attachment from Mia’s office is infected by the “ME LOVE YOU LONG TIME” JONG INFECTION WHICH SCREENSHOTS AND RECORDS ALL THEIR COMMUNICATIONS.

    Now to be truthful this action is a superlative intelligence gathering move worthy of the People’s republic of China or Russia but it constitutes spying on humble ingrunt bajan sheeple

    And timing was critical!!!

    Mia does not have 3 months to go the normal route to hire Jong IT HAD TO BE DONE IMMEDIATELY and JONG HAD TO BE GIVEN A TITLE THAT AUTHORUZES HIS ACCESS TO EVERY SINGLE PERMANENT SECRETARIES’ and SOE heads computer!

    Wunna people really ent thinking though

    Why would Mottley be breaking the Public Services Regulations ad setting her dogs Lucille Moe , Ezra Alleyne, and Enuff of Lorenzo duo pun all uh we?

    I thought wunna saw all these details in de udder article dat de ole man write bout Jong?

    I guess wunna doan read de drivel like Caswell pretends heheheheh notwithstanding the peculiarities and similarities of his new blog to heheheheheh

    Here is the thing peeple.

    Mottley can only set up a regime IF WUNNA LET HER.

    All these “long march and breakfast speeches” are from Mao Zedong as Mia continues her actualization of the Bajan Long March, the 6,000-mile historic trek of the Chinese communists and the emergence of Mao Zedong as undisputed party leader.

    (I guess that Enuff of Lorenzo duo will understand when the see the grandson alternating between Chairman Mao Mia and Mugabe heheheh)

    Stay vigilant, lest you sleep, a little, and the night of the long knives envelops you

  34. pieceuhderockyeahright Avatar
    pieceuhderockyeahright

    @ the Honourable Blogmaster your assistance please with an item for the Luminary Jeff Cumberbatch and James Greene


  35. @peterlawrencethompson August 19, 2018 3:30 PM “The members of the Public Service Commission are as follows:”

    Mr. David Bowen, C.B.E – Chairman
    Mr. Calvin Springer, G.C.M – Member
    Reverend Canon Burke – Member
    Sir Everton Weekes, KCMG, GCM, O.B.E., LL.D (Hons.), J.P. – Member
    Mr. N. Keith Simmons, Q.C – Member
    Lt.Col. Atheline Branch, M.B.E. – Member

    I have got nothing against old men.

    I lie. i much prefer young men. Lolll!!!

    But…

    why is the public service commission largely male, mostly old, almost entirely OLD MEN when the public service is largely composed of YOUNG WOMEN?

    Do any of those good gentlemen not have any daughters, granddaughters, or great grand daughters who would love to step up to the plate.

    A Simple question.


  36. Piece

    Has Jong been appointed to the long established post of Director of Communications in the PM’s office or is he a Consultant? Lol


  37. Barbados is in a state of confusion
    Not knowning head from foot arm from leg after long years of decadence all propped upon on foreign borrowing
    Now the is that things going to get worse
    What bajans for years belived to be a future of prosperity has turned out to be a future of nightmares
    God help us all


  38. So if not Charles Jong.

    Who then?

    And is S6, $88,183 per annum or $7,348 gross per month adequate remuneration for the post as Director of Communications within the PM’s office?


  39. @pieceuhderockyeahright August 19, 2018 6:12 PM “…versed in remote access to systems…So….anyone of the government’s computers that receives an email attachment from…is infected by the “ME LOVE YOU LONG TIME” JONG INFECTION WHICH SCREENSHOTS AND RECORDS ALL THEIR COMMUNICATIONS.”

    So?

    Surely no sensible employee discusses anything on their employer’s computer, that he or she could not defend.

    So if a government employee has a secret to give or receive why not discuss same on the beach ar Brandons?

    The waves are not bugged yet or are they???

  40. pieceuhderockyeahright Avatar
    pieceuhderockyeahright

    @ Enuff of Lorenzo duo

    I rely on the statements of the Luminary Jeff Cumberbatch and that of James Greene

    The latter says and I quote

    “…Under the head, “Prime Minister’s Office”, the Prime Minister established one post of Director of Communications. That post is therefore a public office and as such, it is subject to section 94. (1) of the Constitution of Barbados, which states:

    Subject to the provisions of this Constitution, power to make appointments to public offices and to remove and exercise disciplinary control over persons holding or acting in such offices is hereby vested in the Governor-General, acting in accordance with the advice of the Public Service Commission.”

    ………… The appointment is ultra vires and could not have occurred if the Prime Minister had proper advice…”

    Does that answer your question? Heheheheh


  41. why is the public service commission largely male, mostly old, almost entirely OLD MEN when the public service is largely composed of YOUNG WOMEN?
    +++++++++++++++++++++++

    Walter took us thru all that already!!


  42. Simple Simon August 19, 2018 6:30 PM

    I have to agree with you most of these men are OLD especially Everton Weekes.
    Imagine young men and women in the Public Service and the Commission has elderly men running the show. All I can do is SMH.


  43. What recommends anyone to sit on the PSC?


  44. Mostly it seems

    Being OLD

    Having TESTICLES


  45. Steupsss…

    Mostly children are in the schools.
    Should children run the schools too?

    Mostly brass bowls are on BU….
    Should mariposa be blog-master-yard-fowl?

    There is nothing wrong with utilising experience, knowledge, self-confidence and maturity in leadership.
    If only we did that….

    Anyway – wunna women will get wunna way….
    According to Isaiah, Women WILL get to run things….

    “How terrible it will be for the wicked!
    Disaster is headed their way,
    because what they did with their hand[ will be repaid to them.
    “As for my people, children are their oppressors,
    and women rule over them.
    My people, your leaders are misleading you—
    they’re giving you confusing directions.

    Patience.


  46. You know if she or Hal Austin were blogmaster your ass would be grass!!!

    #Oshiiiiirt


  47. Piece

    I haven’t seen anything saying Jong was appointed to the post of Director of Communications. Nor have I seen any evidence that the post was established by the current PM. The contents of last week’s resolution read:

    RESOLVED that Parliament approve the rates of salaries and allowances, applicable to the posts of Personal Assistant to the Prime Minister, Executive Assistant to the Prime Minister, the Press Secretary, Executive Personal Secretary and Clerical Officer as set out in the Schedule with effect from the date shown in the Schedule.

    What appointment?


  48. @enuff

    From the 26th minute of the press interview with Ellis the prime minister speaks to Jong and the contract being structured to be terminated w,hen she leaves office.

    Comment?


  49. @ David
    Why do you think Bushie created ‘Bush Tea at Large’ before joining BU?
    …think only Piece is a conspiracy theorist?
    LOL
    ha ha ha

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