Banner promoting anonymous crime reporting with a phone and contact number 1 800 TIPS (8477), featuring the Crime Stoppers logo and a QR code for submitting tips.

← Back

Your message to the BLOGMASTER was sent

It started in 2018 after the Barbados Labour Party (BLP) handed the Democratic Labour Party (DLP) and the third parties an unprecedented 30 to zero drubbing in the general election. Many still believe a constitutional crisis was averted when Bishop Joe Atherley crossed the floor and a Leader of the Opposition (LoO) was recognized to ensure the business of parliament as outlined in the Constitution was carried out.

Who would have thunk it?

Prime Minister Mottley called a snap general election 18 months early and repeated a 30 to love win on 19 January 2022. On this occasion, no sitting MP seems willing to follow in the Bishop’s footsteps. The President of the Republic is unwilling to exercise discretion to appoint 2 Opposition Senators. Prime Minister Mottley in her infinite wisdom magnanimously has started the process to amend the Barbados Constitution to allow for the appointment of the 2 Opposition Senators from the losing political party that garnered the most votes. If that party refuses the opportunity to appoint slides to the next losing party. 

Here we are!

The news former Attorney General Adriel Brathwaite filed a motion with the Court to rule on the legitimacy of the Senate should not surprise political pundits if one listened to the position of interim President of the DLP Steve Blackett. With the amendment to the Constitution proceeding in the parliament the DLP would eventually be forced into position of accepting the offer to appoint 2 Opposition Senators which would contradict the publicly stated position of the DLP represented by interim President Steve Blackett. 

A couple interesting sidebar observations. The former AG Brathwaite is being represented by attorneys-at-law Garth Patterson and Michelle Russell. Last week Brasstacks talk show host Glyne Murray observed the lawyers keeping the most ‘noise’ in the Barbados space on the the constitutionality of parliament are of Jamaican lineage. In fairness to Russell and Patterson they have been residing in Barbados for a long time, however, the blogmaster understands Murray’s point given the large cohort of Barbadians lawyers educated with our tax dollars.

One of the reasons forwarded why Mottley called an early general election was to quell an uprising by a faction in the BLP. Is it reasonable to opine if a few BLP MPs are dissatisfied with Mottley’s leadership a golden opportunity now presents itself for the malcontents to express themselves by crossing the floor or sounding their voices?

Political Games

The matter has gone the route of the Court and whatever the decision at first instance is will likely progress to the CCJ. What we have is a people suffering from economic fatigue, COVID-19 fatigue and you may add to the maladies, post election fatigue. Is this another opportunities to blame lawyers? 

Former Brathwaite in his released stated in part that he felt “compelled to seek the intervention of the Courts to resolve this controversy, one that centres around issues of vital national importance, and goes to the root of our democracy.” The blogmaster notes the former AG has advised that the matter is being brought in his capacity as a private citizen. How convenient!

Why did this extract from Brathwaite’s statement pique the interest of the blogmaster? Under Brathwaite’s tenure as AG with responsibility for the judiciary, he left it in a worse condition than he found it. The political games that lawyer politicians play mean an already congested court system has to adjudicate a matter created by lawyers. 


Discover more from Barbados Underground

Subscribe to get the latest posts sent to your email.

494 responses to “To the Courts!”


  1. On 17 occasions, the Constitution of Barbados, uses the word “Discretion”. 16 of these, refer expressly to the officeholder of President/(former GG). One of the 16 occasions, appears in Section 75.
    Section 75.
    During any period in which there is a vacancy in the office of Leader of the Opposition by reason of the fact that no
    person is both qualified in accordance with this Constitution, and willing to accept appointment to that office, the
    Governor-General shall-
    (a) act in his discretion in the exercise of any function in
    respect of which it is provided in this Constitution that
    the Governor-General shall act in accordance with the
    advice of the Leader of the Opposition;


  2. Frank,

    Seems clear enough! I’ve been wondering if the President actually WANTS the Court to give her cover and protect her from the “political” labelling.

    They obviously will have to expedite proceedings. Nothing to lose really.

    After all courts rule, ALL RH MOUTHS WILL HAVE TO CLOSE!


  3. I get the feeling you love looking stupid.

  4. Vincent Codrington Avatar
    Vincent Codrington

    A David Bu at 11:12 AM
    Those are non issues.
    The constitution never stated that there shall be a LoO. If there is no opposition , there cannot be a leader.
    Where there is no LoO,there are provisions to fill the two Senate seats ,that had he existed he would have nominated. That responsibility now falls to the President using her sole discretion. to nominate two senators.

    The other matter of lowering the age to be a senator is vexatious. The Senate is a reviewing body for Legislation coming from the HoA. Tell me what skills does an 18 year old citizen has that can be employed in-seriously reviewing legislation that affect the welfare of our citizens.? Senate and senior comes from the same Latin route. He must have relevant experience. Wisdom comes with age. We need wise ,level heads in the senate. There are few geniuses in res publicae.
    I done with you and this foolish debate .


  5. Without these idiotic political controversies BU would be boring.

    Name politicians who you think are in parliament because of a desire to serve the people who elected them.

    When they get elected they get mo betta ———— ( fill in the blanks )

  6. Vincent Codrington Avatar
    Vincent Codrington

    Correction
    Root not” route”. Although this issue taking the wrong route. It needs a traffic policeman.


  7. Thanks Vincent, yours is a reasonable position to enter the debate.


  8. FrankFebruary 10, 2022 11:47 AM

    On 17 occasions, the Constitution of Barbados, uses the word “Discretion”. 16 of these, refer expressly to the officeholder of President/(former GG). One of the 16 occasions, appears in Section 75.
    Section 75.
    During any period in which there is a vacancy in the office of Leader of the Opposition by reason of the fact that no
    person is both qualified in accordance with this Constitution, and willing to accept appointment to that office, the
    Governor-General shall-
    (a) act in his discretion in the exercise of any function in
    respect of which it is provided in this Constitution that
    the Governor-General shall act in accordance with the
    advice of the Leader of the Opposition;

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

    Now read section 74!!

    74(3) defines how the post of the Leader of the Opposition becomes vacant!!

    Would seem 74(3) needs to be met before the President/GG can exercise her discretion.

    What you will see is that the Post has yet to become vacant because it is yet to be filled!!


  9. David BU

    How is the Senategate Court case coming along ?

    The case arose because ther e is a question about the Parliament of Barbados allegedly being not properly constituted as is relates to the numbers in the Senate.

    Here is the funny part…the Supreme Leader & her team were all set to lay the 2022 – 2023 Estimates in the House of Assembly on Tuesday Febtuary 15, 2022

    So what if the Court does not make a ruling by Feb 15, 2022 ?

    What if there is no decision by the Court by March 31, 2022…..when the Constitution stipulates that the Estimates MUST be laid in the Parliament by March 31 in any year ?

    What if this case goes all the way to the CCJ and takes years to be decided……how will the Supreme Leader get her ‘urgent ‘ legislation passed in the Parliament ?

    These questions are important….in my opinion…..since it was MAM who told the country on Dec 27 2021 she is calling the general elections…..because amongst other things….she has urgent legislative matters to address.


  10. This is comedy central.

    The DLP appear to be calmly reeling in the big fish until it is time for the harpoon.


  11. What happens when parliament is dissolved?


  12. David
    If all 21 senators must be appointed for the Senate to be lawful and for there to be a Parliament, all an official Opposition party needs to do is tek long to appoint its senators and hold up Parliament because I don’t think the Constitution putsa time limit on those appointments. Think bout it.


  13. After all courts rule, ALL RH MOUTHS WILL HAVE TO CLOSE!
    Xxxxxxxxxxxxxx

    Wrong.

  14. Vincent Codrington Avatar
    Vincent Codrington

    @ Enuff
    There is no opposing members in the House of Assembly. There is nothing in our system of Democracy that recognises political parties outside of the HoA. What is there so difficult for you to understand?.


  15. John, why read 74? 75 comes AFTER 74?
    It says…During any period in which there is a vacancy in the office of Leader of the Opposition by reason of the fact that no
    person is both qualified in accordance with this Constitution, and willing to accept appointment to that office, the
    Governor-General shall-
    It is the “catch all” to cover anything not provided for in 74. Hence 30-0 is covered!!! Is there under 30-0 “no person qualified in accordance with this constitution”?
    Further your 27-3 is not definitive in itself either. For if Rev Joe, plus two other candidates were elected, say rookie MP’s running under the DLP banner, and Rev Joe thought he should be LoO but couldn’t get two seconders, and one of the other two thought they should be LoO, and unable to get two seconders, the President is given the “discretionary power” to break the impasse. In fact, 26-4, could create a similar stalemate, requiring Presidential intervention.


  16. Two to re-enter society after combined 74 years at Psychiatric Hospital

    https://www.nationnews.com/2022/02/10/two-re-enter-society-combined-74-years-psychiatric-hospital/


  17. So many questions and very little answers as this saga continues to grow in leaps and bound
    The President is now being dragged into a court of public debate and the court if jurisprudence because she did not have the gall to fight on behalf of the Constitution
    Parks.. garbage .
    trucks and now this
    Phew
    Osa must be.rolling in his grave

  18. NorthernObserver Avatar

    @enuff
    it does place a ‘discretionary time limit’. For both senators proposed by advice of the PM and LoO are APPOINTED, BY the President. And the President has the “discretionary power” to intervene. Hence, that discretion would preclude either the PM or the LoO from delaying ad infinitum. The President has the power to appoint, if either the PM or the LoO fails to advise.

  19. de pedantic Dribbler Avatar
    de pedantic Dribbler

    @Vincent, your earlier remark properly identifies @Enuff at 12:33PM … he is being terribly vexatious! 😂

    First up that situation does NOT apply here and 2) if it did then the rule of law should handle it adequately one expects.

    If a LoO DELIBERATELY attempted to subvert governance like that then surely he would be in contravention of the law/rules in a similar context as one would be ‘in contempt’ of court/legal guidelines. His act of omission should in no way invalidate business conducted after he publicly proclaims his subversive, illegal acts.

    The blogger is breaching the rule of commonsense…he is normally much more adept than that …even when galloping fast apace his partisan horse parade! 🏇🏽

    @John…don’t YOU have the conviction of your thesis to take your argument to court???? Really your logic seems astonishingly incredulous, honestly— but heh what do I know.

    BTW… this one was an absolute peach: “What you will see is that the Post has yet to become vacant because it is yet to be filled!!” OUTSTANDING. SMH…. No wonder you can follow 45 so easily!


  20. @Fractured BLP

    You should refer to Adriel Brathwaite who knows his way around the Court both in Barbados and New York.


  21. @Enuff

    The blogmaster takes a pragmatic view of this matter instead of being mired in the entanglement of legalese.


  22. FrankFebruary 10, 2022 1:01 PM

    John, why read 74? 75 comes AFTER 74?
    It says…During any period in which there is a vacancy in the office of Leader of the Opposition by reason of the fact that no
    person is both qualified in accordance with this Constitution, and willing to accept appointment to that office, the
    Governor-General shall-
    It is the “catch all” to cover anything not provided for in 74. Hence 30-0 is covered!!! Is there under 30-0 “no person qualified in accordance with this constitution”?
    Further your 27-3 is not definitive in itself either. For if Rev Joe, plus two other candidates were elected, say rookie MP’s running under the DLP banner, and Rev Joe thought he should be LoO but couldn’t get two seconders, and one of the other two thought they should be LoO, and unable to get two seconders, the President is given the “discretionary power” to break the impasse. In fact, 26-4, could create a similar stalemate, requiring Presidential intervention.

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

    74(1) says there shall be a Leader of the opposition.

    That is all the catch all you need.

    If you haven’t got a ticket you haven’t got a chance!!

    The President has no impasse to break and appointing 2 senators as per 75 is an exercise in futility!!

    Besides, 74 comes before 75!!

    Appoint a Leader of the opposition as per 74 then use 75 if for some reason the post becomes vacant and can’t be immediately refilled.

    Simplicity itself.

  23. de pedantic Dribbler Avatar
    de pedantic Dribbler

    -“The President has no impasse to break and appointing 2 senators as per 75 is an exercise in futility!!
    Besides, 74 comes before 75!!
    Appoint a Leader of the opposition as per 74 then use 75 if for some reason the post becomes vacant and can’t be immediately refilled.
    Simplicity itself.”_

    Jesus, Mary and Joseph…bro what de badword happened to that brain of yours since your awesome days wid Tank et al and those academic successes….did you have a really bad concussion or something or a few!

    “Besides, 74 comes before 75!!” … how many spliffs did you have before that post! Lordie lord.

    I gone, yes!


  24. How many Barbadians understand the constitution ?


  25. The chatter and dissonance of the opposition on BU once again demonstrates to the people why we so desperately need a strong Supreme Leader. She will unite the people and lead them through the Red Sea as Moses once did.

    In these dark times, when the opposition wants to overthrow the constitution and subjugate the people, we need more than ever a strong protector of people’s democracy. Our Supreme Leader alone can accomplish this titanic task because she stands before the people to protect them, despite all the demonic blows of the opposition against the common good.

  26. NorthernObserver Avatar

    @dPd
    as you noted, Kolij boys of that era had Tank as a headmaster.
    He was known to bellow one evening (there was a school drama production hence the boys were on school premises after hours), when observing limes being removed from a lime tree “ah please, I can see from your height your are small boys, please put them back on”.
    Or as he told me personally one Monday morning after being summoned to the Head Masters office, “I was enjoying cricket on Saturday, and saw you were scoring well, until (and Tank always paused and repeated at this point with great inflection), until…until…I saw the runs were being scored to the other team”. (His point being he couldn’t recall granting his permission for me to play for a ‘non-Kolij’ team)
    Or again as he told me personally, because the school captain used to pair me with him occasionally in tennis, especially versus Summerhayes, where Tank’s social friends were members. “this point is crucial, I trust you will play it crucially”. And the gem, when leading 40-30, with the score 6-2, 5-4. “this would be a good point to win, because then we wouldn’t have to play another”.


  27. HantsFebruary 10, 2022 1:53 PM

    How many Barbadians understand the constitution ?

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

    No Hants.

    The question is how many Barbadians have read the Constitution and realise how easy it is to understand?


  28. de pedantic DribblerFebruary 10, 2022 1:50 PM

    -“The President has no impasse to break and appointing 2 senators as per 75 is an exercise in futility!!
    Besides, 74 comes before 75!!
    Appoint a Leader of the opposition as per 74 then use 75 if for some reason the post becomes vacant and can’t be immediately refilled.
    Simplicity itself.”_

    Jesus, Mary and Joseph…bro what de badword happened to that brain of yours since your awesome days wid Tank et al and those academic successes….did you have a really bad concussion or something or a few!

    “Besides, 74 comes before 75!!” … how many spliffs did you have before that post! Lordie lord.

    I gone, yes!

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

    Are disputing the fact that 74 comes before 75?

    Okay, if you need to see it put another way, 75 comes after 74 if you understand that better?

  29. NorthernObserver Avatar

    @John
    The catchall, as it was termed, MUST come after. It is capturing all which has not already been captured.
    Hence 75, does not alter anything in 74, rather it captures anything not specifically stated in 74. It does NOT say there shall NOT be a LoO, rather it opens the realm of ALL possibilities where there is NO LoO. It very clearly states where no person is qualified, and 30-0 creates such an instance. If no one is qualified, ipso facto, no one can accept.
    You seem unwilling to accept, possibly because you like a world of definitive specificities, where each and every outcome is accounted for, that legal minds need to protect against outcomes they haven’t imagined.


  30. Silly John,

    Here is why no court can send us back to vote again.

    They have no right to tell people how to vote.

    They cannot guarantee a different result.

    Once they decide on that course then they cannot decide otherwise if the result continues to be the same.

    So….the Court would have locked us into an endless election cycle and paralysed the country.

    And they would look as stupid as you do.

    Never happen.

  31. Vincent Codrington Avatar
    Vincent Codrington

    Northern Observer at 3:05 PM

    Beautifully argued: , “If no one is qualified ,no one can accept.”.


  32. You can all struggle as much as you like. We have only one legitimate authority on the island to judge the constitutionality of all actions. And that is our Supreme Leader.

    Bit by bit, she will dismantle the established constitution and replace it with one that is tailor-made for her. Let us help her with wise counsel. Let us be the fuel of her spirit in which the opposition goes up in flames.


  33. @ NO
    The most classic Tank was… ‘If you want to wear that in here you will have to go outside…”

    The Court is not there to solve the problem for us….
    Only to rule on whether we are acting WITHIN the law as it exists.
    If the law is flawed, and we ARE operating outside of that FLAWED law, then in order to function, government will have to get back INSIDE the law….somehow.
    in short, if we want a country that functions, then the Supreme Leader will have to come inside …the law….
    otherwise everything that they do will be technically illegal.


  34. There is no difference between a weak opposition and no opposition

    They are Immunocompromised having a weakened immune system

  35. de pedantic Dribbler Avatar
    de pedantic Dribbler

    @Northern I absolutely agree with @Vincent re beautiful argument above but you dun know that @John just playing de backside 🤦🏾‍♂️

    You clearly know this man’s caliber and mental acuity so you really, really think that he is “unwilling[…] to accept, possibly because [he] likes a world of definitive specificities,…”!

    He likes a world defined in his mindspace . .. simple.

    This brethren of yours with that great mind, like Eastman, Jordan, McCarthy, McDaniel and on and on – all highly intelligent- like to find a way to define abject foolishness in their own mindspace….plain and simple!

    @John’s claims here are NOT ‘legitimate political (nor logical) discourse’.

    You do know that he does recognize the complete absurdity of “75 cones after 74*. That was truly hilarious as it was so absurd.

    Anyhow, excellent ‘serving’ above. I gone.


  36. Case will be heard tomorrow morning.


  37. Vincent
    I am talking about when there is an elected LOO. My point is to show that the need for there to be a full complement if senators for the Senate and by extension Parliament to start is silly


  38. NorthernObserverFebruary 10, 2022 3:05 PM

    @John
    The catchall, as it was termed, MUST come after. It is capturing all which has not already been captured.
    Hence 75, does not alter anything in 74

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

    Therefore we all agree, there shall be a Leader of the opposition.

    No leader of the opposition no sense continuing!!

    Senators are not elected but Opposition members are.

    No real point then to selecting senators!!


  39. No sense selecting opposition senators to make up a number in the Senate because only the elected opposition members will know what it is the people they were elected to represent them in Parliament have sent them to oppose.

    There is no point debating how many senators can fit on a pinhead if there is no opposition elected.

    There cannot be a Parliament.

    No opposition means no Parliamentary Democracy which is what the Constitution envisages and hence hence, 74(1) there shall be a leader of the opposition ….

    74 has to come before 75.


  40. Simple common sense

  41. African Online Publishing Copyright ⓒ 2022. All Rights Reserved Avatar
    African Online Publishing Copyright ⓒ 2022. All Rights Reserved

    William…you were right to stay out of this, look at how some outside are viewing the cockup..lol

    “The fact they did not break from the British common-teef system (so-called common wealth).”


  42. In the Judicial Review filed in the High Court yesterday, a copy of which was obtained by the DAILY NATION, it states that in making the case, the applicant relied on Sections, 35, 36, 37, 43, 49, 60(1), 62 (2) and 75 of the Constitution.
    It alleges that the Senate is not properly constituted and by extension, Parliament is not lawfully constituted or convened. This, according to the applicant, would mean any business that “Parliament purported to transact on or after February 4, 2022, including any law purportedly enacted by it, is invalid, null and void.”

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

    Everything that is done in the name of Parliament it is alleged is null and void simply because there is no senate without 21 members!!!!!

    But regardless of who wins this point, there will still be no opposition!!

    The DLP is in a position like Winston Churchill was when he told the woman who told him he was drunk that she was ugly but tomorrow he would be sober.

    There is no Parliament today and there will be no Parliament tomorrow or the day after or the day after that regardless who wins in court tomorrow..

    74 comes before 75 however which way you cut it!!

    “Sir, you are drunk.”
    “And you, Bessie, are ugly.
    But I shall be sober in the morning, and you will still be ugly.”

    Until the absence of an opposition is addressed, there cannot be a constitutional Parliament.

    30 – 0 is a farce!!

    Any adult would realise what the solution has to be.


  43. I see the dems at it again trying to frustrate the government efforts to start going forward again.This comes after f g up the country for 10 years.These people have no shame whatsoever.The dems ain, t get the memo yet you lost every seat in 2022 like in 2018.This tells me as it should you that most bajans want nothing to do with you capice.Ms Mottley has decided to offer you two seats to have a voice and whay do we ses an acting president has the gumption to talk about who the seats should come from.A party with no seats or voice in the lower house unbelievable.Now we have an ex AG in the dems bringing an injunction and claiming it is not political with Mr Patterson as lawyer unbelievable.You could not make this stuff up..We will await the court, s ruling tomorrow.I gone.


  44. oh Canada !

  45. NorthernObserver Avatar

    @John
    You have a very selective understanding.
    You are stuck on making the framers of our Constitution appear to be idiots, claiming they never considered an election result where the elected were all of a similar mindset.
    I believe they did. And gave the GG/President the authoritative discretion to solve the matter.
    There shall be an LoO, and that post may also be vacant if nobody is qualified. Matter done.
    Said President has the constitutional authority to appoint senators, which if the LoO position had an occupant, would rely upon said LoO advice.


  46. @ WURA
    Let them have their fun. They are just having a little sibling difference of opinion.


  47. NorthernObserverFebruary 10, 2022 7:44 PM

    @John
    You have a very selective understanding.
    You are stuck on making the framers of our Constitution appear to be idiots, claiming they never considered an election result where the elected were all of a similar mindset.
    I believe they did. And gave the GG/President the authoritative discretion to solve the matter.
    There shall be an LoO, and that post may also be vacant if nobody is qualified. Matter done.
    Said President has the constitutional authority to appoint senators, which if the LoO position had an occupant, would rely upon said LoO advice.

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

    Are you saying that 75 makes the GG/President the Leader of the Opposition, having to go into Parliament and debate with the Government side?

    That’s one of the duties of the leader of the opposition she would have to take on using her discretion.

    Appointing 2 opposition senators is the least of her worries.

    The Framers of the Constitution (DLP I GUESS) envisaged two opposing points of view.

    That’s how a Parliamentary Democracy works.

    No Opposition = No Parliament

    It is real simple, 30 – 0 is a farce..

    The senate is a red herring.

    Regardless of the outcome in Court, there can’t be a Parliament without an opposition.

    Which means any thing undertaken in Parliament’s name is null void and of no effect.

    So what is the adult solution?

    75 comes after 74 or if you like 74 comes before 75!!!!!!!!!!!!!


  48. JohnFebruary 10, 2022 8:30 PM

    NorthernObserverFebruary 10, 2022 7:44 PM

    @John
    You have a very selective understanding.
    You are stuck on making the framers of our Constitution appear to be idiots, claiming they never considered an election result where the elected were all of a similar mindset.

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

    Even if the elected are of a similar mindset the electors will not be.

    You can only get a Parliamentary Democracy with the elected representing the two mindsets!!

    THERE SHALL BE A LEADER OF THE OPPOSITION!

    It cannot get simpler than that.


  49. This is only possible with proportional representation.

    My guess is the Representation of The People Act needs to be changed, NOT the constitution.

    THE CONSTITUTION DOES NOT NEED TO BE TOUCHED.

    There is no mention of first past the post in the Constitution but there is a mention of the Representation of the People Act.

    44(i) is disqualified for such membership by or under any such law on any ground not mentioned in the foregoing
    provisions of this subsection, being a ground for disqualification for membership of the House of Assembly by or under any law, other than the Representation of the People Act 1957 in force in Barbados immediately before 30th November 1966.

    If you look at the foot note in the constitution you will see the 1957 Act was repealed by Act 1971-15. See now chapter 12 of the Laws of Barbados

    You would then go to Chapter 12 of the Laws of Barbados to see what needs to be changed to get proportional representation.

    YOU WOULD NOT TOUCH THE CONSTITUTION.

    But to change this law, it requires a constitutional parliament which is impossible without an opposition!!

    For those who are familiar with computer science, Chapter 12 of the Laws of Barbados is a subroutine of the main program, the Constitution.

The blogmaster invites you to join the discussion.

Trending

Discover more from Barbados Underground

Subscribe now to keep reading and get access to the full archive.

Continue reading