Senator Caswell Franklyn Speaks – Hail Caesar Mia Mottley, Dictator of Barbados

For months I have contemplated but resisted writing about the rule of law, or lack thereof, in Barbados under two consecutive states of emergency. All that changed after I read a WhatsApp message sent to me from an unknown person. It simply said:

“If you allow the government to break the law in an emergency, they will create emergencies to break the law.”

In order to deal with the Covid-19 pandemic, the Government of Barbados decided that it would institute a state of emergency. Rather than use the existing provisions, Government sidestepped the Constitution and the 1939 Emergency Powers Act and amended the Emergency Management Act to provide for a public health emergency. They claimed that the existing Laws of Barbados did not provide for such. Notwithstanding Government’s claim, I contend that there are ample laws to institute any such emergency.

Section 25.(1) of the Constitution permits the Governor-General to declare that a state of emergency exists. Section 25.(2) goes on to state, in part:

A proclamation made by the Governor-General shall not be effective for the purposes of subsection (1) unless it is declared therein that the Governor-General is satisfied-

(a) that a public emergency has arisen as a result of the imminence of a state of war between Barbados and another State or as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease or other calamity, whether similar to the foregoing or not…

The power in the Constitution to declare a state of emergency as a result of the “outbreak of infectious disease” immediately gives the lie to Government’s claim that there were no provisions to cater to a public health emergency.

Under a state of public emergency government can, and in this case, restrict citizens from enjoying their constitutional right. The mechanism for doing so in the current emergency is a series of directives issued by the Prime Minister. I make bold to say that the Prime Minister cannot use this mechanism to curtail constitutional rights and freedoms since the enabling legislation did not amend or alter the Constitution of Barbados in anyway. To my mind, since the Emergency Management (Amendment) Act, 2020 did not amend or alter the Constitution; any directives issued by the Prime Minister that curtailed our constitutional rights would be illegal and of no effect.

The obvious question would therefore be: How can government declare a state of emergency to protect the country from the ravages of this Corvid-19 pandemic? The simple answer would be that government should have invoked the provisions of the Emergency Powers Act, 1939-3. I readily admit that many of the provisions of the Emergency Powers Act would offend the Constitution, if they were passed today. Be that as it may, the Constitution itself at section 26 saved laws that would be unconstitutional if there were passed prior to November 30, 1966.

Section 26 of the Constitution also allows the government to re-enact an existing law without alteration or if altered those alterations would not render the law inconsistent with the human rights provisions of the Constitution, that is sections 12 to 23. The amendments made to the Emergency Management Act in 2020 have not faithfully re-enacted the relevant provisions of the Emergency Powers Act. For example, all those orders/directives made under the Emergency Powers Act must, in accordance with section 3.(4) shall be laid before Parliament. It states:

Any orders so made shall be laid before Parliament as soon as may be after they are made and shall not continue in force after the expiration of 7 days from the time when there are so laid unless a resolution is passed by both Houses providing for the continuation.

Section 33.(5) of the Emergency Management Act, which required the Government to lay emergency orders before Parliament, was repealed by the 2020 amendments. It is therefore obvious to me that this Government wanted no oversight when it implemented the public health emergency.

Section 48.(1) of the Constitution provides that Parliament may make laws for the peace, order and good government of Barbados. It is therefore my view that even if enabling legislation allows the Prime Minister or anyone else to make rules, they must be approved by Parliament. In this present state of emergency the Prime Minister is making laws for the peace, order and good government of Barbados without any reference to Parliament.

I am now wondering if persons, who were penalised by the courts for infringing these directives, have any remedy against the state. It would appear that our Prime Minister has now become the absolute dictator of Barbados, which is not too far removed from being a despot. Could the late Prime Minister Arthur have been predicting the future? Just wondering!

219 comments

  • “Look, there are far worse drugs than marijuana circulating freely in the developed countries.”

    so the questions is….must know the answer before you ask it…why have the parliament nigas been locking up Black people ONLY for the plant since the 1970s and although it’s being legalized EVERYWHERE…the nigas are not only refusing Black people access to the trade by putting the licensing process etc out of reach..wuh the white Canadian who spent 10 million dollars on 400 acres. of slave plantations the sellouts sold him….says the processing fees are TOO HIGH….

    , but STILL LOCKING UP BLACK PEOPLE ONLY FOR THE PLANT…

    don’t worry, i know answer, it’s yall need to figure it out.

    Liked by 1 person

  • Meanwhile in seriously challenged but not defeated Barbados, Donna gives thanks that she does not live in Texas where freezing residents are set to receive exorbitant electricity bills while having frozen almost to death ( and some actually did so) as a result of electricity blackouts that lasted far longer than any we have experienced here. Many have no water to flush their toilets or bathe. Bottled water is scarce. Supermarket shelves almost bare. People are freezing, starving, dying of thirst.

    Meanwhile their homes are flooded from frozen broken pipes.

    Imagine….price gouging by electricity companies whose directors refused to weatherize their infrastructure even after experiencing the weather warning of 2011. Climate change denying, avaricious business owners and corrupt, climate change denying politicians joining arm-in-arm to shaft the average man in the backside.

    This after black Americans in Michigan had their water poisoned for ages by their leaders, looking to cut corners.

    This while black Americans are being killed by police for jaywalking.

    This while voting rights of black Americans are viciously being attacked by their state legislatures.

    This while most black Americans cannot get a vaccine to save their lives.

    My father made an appointment and travelled two steps to the centre set up at the school a stone’s throw away from my house. He received his first shot. I have no doubt he will receive the second.

    Everybody knows that Barbados has problems. Everybody knows that our political leadership over the years has not been as bold and imaginative as it should have been. Everybody knows that we have racial disparities that should no longer be. Everybody knows that we have to keep our eyes on Mia Mottley who has obvious tendencies to dictatorship. Everybody knows our infrastruction could and should be better maintained. Everybody knows there is corruption and incompetence and hindsight that should have been foresight but…..

    I rise this morning happy to be living here and confidant enough that we will conquer this COVID monster. I am so condidant that Miss Mottley will acquire more vaccines that I am not rushing to get one until those who need them more urgently get theirs.

    I have one serious seventeen year old son who has enough sense to stay out of unnecessary danger. He is busy making his own business website. I myself wear two surgical masks and a face shield which should suffice for my fortnightly trips to the supermarket.

    Barbados shall survive this challenge and emerge better and stronger. The Caricom countries are beginning to understand our common destiny. Necessity is the mother of invention.

    Condolences to those who have not made it and many thanks to those who work on the frontline.

    Onward and upward!

    Like

  • @John2

    In our history of covid lock downs and curfews have you ever heard the prime minister say ” with immediate effect there will be a lockdown?”

    Common sense would dictate that if borders were being closed on January 1st notice would be given. That would be obvious to everyone.

    You may have the last word on this as i believe the topic had been fully exhausted.

    Like

  • Stupid word police! Lies, incessant negativities, gaslighting, hypocritical utterances etc are far more dangerous than a few rassholes! In fact, many a good cussing has substituted for physical violence and saved injury and even death. In fact, I would recommend that any stay-at-home Bajan who has to interact with you practise their rassholes for a week before the interaction!

    On the upside, at least you were not ugly and fat all your life, judging from Artax’s photo find.

    Maybe you should shed your nasty attitude along with some pounds. Who knows, it may be just what you need to return you to what I understand from William Skinner, was once a worthy comrade!

    Like

  • @ Donna,
    Well said.

    Like

  • @ Piece the Prophet February 21, 2021 3:44 AM

    Our Great Prophet!

    We need a Supreme Leader who rules with a firm hand in these difficult times.

    She got us enough vaccine for all the old and sick. More is coming soon. Then she will have vaccinated us faster than the lousy British and the rotten Americans and Europeans. I heard even the Chinese ambassador admires our Supreme Leader.

    Truly, if so-called dictatorship is the price of our salvation, we should pay that price with great joy The Republic is almost here. Let us joyfully welcome the People’s Democratic Republic of Barbados.

    Like

  • @ Donna,
    Correction.
    Your comments @ 9.21.

    Like

  • I knew that and so did the others.

    Corrections to that same post – “confidant” for condidant and “condolences to the families of” .

    Like

  • @ Donna,
    Just to clear up the confusion. I was simply stating that your comments at 9.21 were well put. I have no interest in passing comments on grammatical errors or mis-spellings (nor did I noticed) as they are easily made on a blog forum especially when using a mobile phone and when we all have busy lifes.

    Like

  • A.

    I never heard the PM call for any borders closures.

    i was responding to the call by you not by the pm.

    Anyhow. the only way a closure on jan 1st would have prevented what is happening today is IF it was announced long enuff and IF that announcment had prevent the patient/s 0s from entering Barbados.
    So for a man that pride urself as only deals with “facts” you senario is filled with “hypothetical fact” and = 0/ a waste of time. so go do you own calculations

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  • I am so sorry that I cannot join the majority of BU in the pool of negativity.. NOT! I said at the beginning of this nightmare that it could be a wake up call. I still believe that to be true.

    Along with the stripping away of the polished veneer of institutionalised racism worldwide, for which we should thank the Chief Stripper, Donald Trump, I believe that current conditions have opened the eyes of the ordinary people of the world. They are now more WOKE.

    Structural racism deniers are being bombarded by FACTS. The most rabid will cling to alternative facts but they will be outnumbered and eventually defeated.

    The world is ready for serious conversation and action.

    I can feel the short term pain but I can see the long term gain.

    In short, I am ready for REAL LIFE in an imperfect world.

    The struggle continues.

    Like

  • I knew that too.

    Like

  • beginning i ask you why jan 1st

    and i will repeat part of my last comment from lastnight

    ” i thought you had chosen jan 1st because the out break had started at the end of december and you were suggesting that the closing of bordeds should have started after the out break in barbados had just started.

    The was no indication from you to make me think otherwise or about an advance warning.

    i still stand by my above statement that it would not have made any difference on what going on to day with number, deaths or economic impact.

    Like

  • @ Donna February 21, 2021 10:42 AM

    95 percent of the problems on our island affect all the islands in the Caribbean. People need to understand that we live on a small island near the equator, away from the big economic traffic. There is no “Barbadian condition” except in the minds of emigrants domesticated in the north.

    In any case, the fact is that our government is vaccinating at top speed. We have vaccinated more citizens in about a week, percentage-wise, than whites in the EU have since Christmas.

    Like

  • @Donna 9:41
    Gospel. However, I fear that your suggestion “In fact, I would recommend that any stay-at-home Bajan who has to interact with you practise their rassholes for a week before the interaction!” Should have been for a two-week period at a minimum

    Great post.

    Like

  • Now this is the difference between what can happen for the descendants of slaves in the US and what Prof. Shillary and his reparationists had planned FOR THEMSELVES….US Africans will get the money IN THEIR HANDS….because it was THEIR ANCESTORS ENSLAVED…they are entitled…no one else.

    Descendants in Barbados were going to get NOTHING from the ridiculous 50 billion dollars reparationists thought was a lock, they were going to be as usual beneath all the thieves and racists who would’ve have benefitted from the St. Lucy Project..while them and their children wallowed in poverty…..but our ancestors didn’t go anywhere…..so reparationists could dream on in tears….i should not even be surprised that they were going to be completely cut out of getting what’s owed to them in their hands…they better wake up FAST.

    “Democratic presidential candidate Joe Biden said he could be in favor of cash reparations to African Americans and Native Americans if studies found this to be a viable option.

    “I think that Black people are saying we’ve had enough and I think white people are coming to grips with the fact that this country owes a debt that has been unpaid,” Winbush added.

    NEWSWEEK
    If payments were to be made, the amount that would be calculated could vary dependent on how the cost is estimated, applications of factors such as interest and who would be considered eligible.

    A study in The Review of the Black Political Economy journal, first published on June 19, titled “Wealth Implications of Slavery and Racial Discrimination for African American Descendants of the Enslaved,” looked at the Black-white wealth gap alongside the cost of slavery and discrimination to descendants of the enslaved.

    Among its estimates for the costs were around $12-$13 trillion in 2018 dollars, based upon estimates looking at land-based, stemming from the promise made to freed slaves, and price-based, considering what slave prices were.

    But looking at a wage-based cost and factoring in interest it assessed the cost could be counted as up to $6.2 quadrillion as of 2018.

    Protests across the nation have raised discussions around systemic racism and issues such as reparations.
    IRA L. BLACK/CORBIS VIA GETTY IMAGES

    This amount, divided by 40,909,233 Black non-Hispanic descendants of the enslaved, could result in a total reparations payment per descendant of $151.63 million. This figure on the number of descendants may be overstated, as it likely includes some Black U.S. Residents who do not trace their ancestry back to slavery, the researchers note.

    Another estimate, based upon wealth disparity, is around $14 trillion. Robert Johnson, the founder of Black Entertainment Television, suggested this sum, which would amount to around $350,000 each for the estimated 40 million African Americans in the United States, giving them an amount signifying the wealth disparity between African Americans and white Americans.

    This amount echoes that of a previous study, from University of Connecticut researcher Thomas Craemer, who was involved in the aforementioned study published June 19, that suggested an amount of up to $14.2 trillion.

    This was calculated by tabulating the hours slaves worked between 1776 and 1865, multiplying the time they worked by the average wage at the time, then accounting for 3 percent annual interest, as previously reported by Newsweek.

    Like

  • This is what happens when ya sell out ya own people, it must all come out in the wash even 55 years later…ya must confess…people are still in prison innocently because of these sellouts.

    “BLACK VOICES 02/21/2021 07:02 pm ET Updated 12 hours ago
    Deathbed Letter From Former Cop Claims NYPD, FBI Helped Kill Malcolm X

    A cousin of Ray Wood, a former undercover police officer, shared a confession letter in which Wood said that the agencies facilitated the assassination.
    By Ja’han Jones

    A letter shared by the family of a deceased former New York police officer alleges that the officer, the New York City Police Department and the FBI played a role in the murder of the powerful civil rights leader Malcolm X.

    The outspoken antiracism activist and former spokesman for the Nation of Islam died on February 21, 1965, after being shot while delivering remarks at the Audubon Ballroom in New York City.

    Ray Wood, a former undercover police officer, wrote in a newly released confession letter that the NYPD and FBI worked with him to make sure the two men in charge of Malcolm X’s security detail were arrested in the days before the speech.

    Ray Wood first shared his confession with family when he was diagnosed with stomach cancer in 2011. At the time, he asked his cousin, Reggie, not to share the letter until after he died. Ray Wood died in November, and Reggie Wood shared his cousin’s confession publicly on Saturday, flanked by a group that included Malcolm X’s daughters, Qubiliah Shabazz, Ilyasah Shabazz and Gamilah Shabazz, and civil rights attorneys Benjamin Crump, Ray Hamlin and Paul Napoli.

    “For 10 years, I have carried this confession secretly in fear of what could happen to my family and myself if the government found out what I knew,” Reggie Wood said Saturday.

    Ray Wood confessed that he, the NYPD and the U.S. government all made sure Malcolm X wasn’t adequately protected from assassination during his final speech. “I participated in actions that in hindsight were deplorable and detrimental to the advancement of my own, Black people,” Wood said.

    According to his letter, in 1965, Wood’s NYPD supervisors instructed him to devise a plot to bomb the Statue of Liberty along with two key members of the Malcolm X’s security detail, Khaleel Sayyed and Walter Bowe, in order to ensure the two security guards were arrested and separated from Malcolm X during his Feb. 21 speech.

    “It was my assignment to draw the two men into a felonious federal crime so that they could be arrested by the FBI and kept away from managing Malcolm X’s Audubon Ballroom door security,” he admitted. Sayyed and Bowe were arrested on Feb. 16 in connection with the plot, although Bowe testified at the time that it was Wood who devised it. Wood’s letter released more than a half-century later corroborates Bowe’s claim.

    Wood also confessed to helping frame a man named Thomas Johnson, most recently known as Khalil Islam, for Malcolm X’s murder. While serving a life sentence for the murder, Islam maintained his innocence until he died in 2009.

    “On February 21, 1965, I was ordered to be at the Audubon Ballroom, where I was identified by witnesses while leaving the scene,” Wood said in his letter. “Thomas Johnson was later arrested and wrongfully convicted to protect my cover and the secrets of the FBI and the NYPD.”

    Reggie Wood said his cousin withheld his role in Malcolm X’s assassination all these years because he “worried about what the NYPD and the FBI would do to him and his family if he had told the dark secrets he had held that helped destroy Black leaders and Black power organizations.”

    Ray Wood said law enforcement officials threatened him with “pending alcohol trafficking charges … if I did not follow” their instructions to help thwart civil rights groups. His confession also shared details of the NYPD’s efforts to frame a group of Black Panthers, known as the “Panther 21,” who were acquitted after being wrongly accused of plotting terrorist attacks in New York in 1969.

    Ray Hamlin, an attorney representing Malcolm X’s family, said they are owed recompense if the government played any role in his murder.

    “If this heinous act was with the help and support of law enforcement and our government, then certainly I think the Shabbazz family is deserving of some sort of retribution by way of compensation,” Hamlin said Saturday.

    Ilyasah Shabbazz said “any evidence that provides greater insight” into her father’s murder should be “thoroughly investigated.”

    Attorney Benjamin Crump drew a direct connection between the attempts by law enforcement to infiltrate and stifle activists movements in the 1960s and the more recent efforts by law enforcement groups to stifle activist movements like Black Lives Matter. In the past year, for example, the Justice Department under former President Donald Trump deployed surveillance tools to spy on protest leaders during the height of last summer’s antiracism protests.

    “Even though this is an astonishing revelation from the past,” Crump said of Ray Wood’s confession, “I’ll remind you: The past is prologue. Malcolm X is Black Lives Matter.”

    Crump called on the Manhattan district attorney and members of Congress — in particular the Congressional Black Caucus — to investigate Ray Wood’s confession and the government’s potential role in Malcolm X’s murder.”

    Like

  • Sellout NIGGERISM has been a BLIGHT and CURSE in Black/African lives on the earth for 500 YEARS…and everyone of you sellouts will be found and isolated, you remain a clear and present danger to Black/Africans EVERYWHERE….and must eternally be EXCLUDED from the Black/African family.

    …now that is understood…we know who you no good black face sellouts in the various parliaments are…that one is easy…don’t for one minute think ya will escape isolation because of a slave title, only yardfowls are impressed by backward stupidity.

    Like

  • With SELLOUTS abound in the parliament, KEEP THIS in the back of ya minds at all times…they are the BIGGEST PROBLEM…

    “With almost 130,000 fatalities, Britain has suffered the world’s fifth-highest official death toll from the pandemic and its economy has seen its biggest crash in over 300 years.”

    Like

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