by Linda Straker
A community-based organization has written to Governor General Dame Cécile La Grenade through her personal assistant, seeking clarity on what they believe are constitutional breaches occurring in Grenada since the June 23rd, 2022, general elections.
The Independent Caucus for Constitution Reform (ICCR), in its open letter, questioned the legitimacy of the 24 June 24 public holiday that was declared by Prime Minister Dickon Mitchell during his acceptance speech on 23 June after it was accepted that his National Democratic Congress had won the majority seats in the Lower House of Parliament.
“On June 23, leader of the National Democratic Congress, announced that he will ask Your Excellency to declare the following day a public holiday. According to the Bank Holidays Act, the authority to such a declaration is vested in the Governor-General. This is outlined in Section 5, Bank Holidays Act. To date, there is no evidence of a Proclamation by Your Excellency nor any records of a Gazetted Declaration,” said the letter which requested clarity on the basis for that decision.
The ICCR, which comprises citizens who are concerned about the lack of education on the Constitution of Grenada as it is the fundamental tool for proper governance of the society, is also seeking clarity about Section 58 (5) of the Grenada Constitution Order 1973.
“The Supreme Law directs “if the occasion arises for making an appointment to the office of Prime Minister or any other Minister while Parliament is dissolved, then notwithstanding any other provision of this section, a person who was a member of the House of Representatives immediately before the dissolution may be appointed as Prime Minister or any other Minister and a person who was a Senator immediately before the dissolution may be appointed as any Minister other than Prime Minister,” said the ICCR which argues that an elected Member of Parliament is a “designate elect” until the oath of office is swore to during the first session of the parliament following a general election.
“The Parliament of Grenada stands dissolved as of May 16, 2022, yet the Political Leader of the National Democratic Congress, was appointed Prime Minister on June 24, 2022, without him being a member of the House as per constitutional directives,” said the letter.
Another area of concern is the announcement of the new ministerial portfolio of Mobilisation, Implementation, and Transformation. “We struggle to rationalize the constitutional context within which the Ministry of Mobilisation, Implementation, and Transformation intends to derive its authority,” said the ICCR, which points to section 58 (3) of the Constitution.
That section says, “There shall be, in addition to the office of Prime Minister, such other offices as may be established by Parliament,” said the letter. That Ministry was not one appropriated for when the then ruling New National Party approved the 2022 budget in December 2021.
The Caucus members believe that aspects of the Constitution need to change to better reflect an evolving society, and it is against that belief they are of the opinion that the recent announcement of a President of the Senate before the opening of Parliament is also in breach of Section 28 ss 1 of the Constitution.
“The recent appointment of the President of the Senate, further contradicts the Supreme law which states ‘when the Senate first meets after it has been dissolved and before it proceeds to the despatch of any other business, it shall elect a Senator… to be President of the Senate.” There are no provisions for members of the Lower House to appoint the President or Deputy President of the Senate,” the group said in the letter which was sent to the Office of the Governor General on 22 August 2022.
Friends, we are deeply politically polarized so much so that you Lydris and you too Ian were not involved in the battles fought over constitutional reform. This organization and its members stood up strong against the proposed reform because of the manner in which the then government proposed that change in the Constitution.
Generalizations about politics by persons NOT involved in struggle for change but vocal about their political choice result in comments such as yours. Please do a search here and you will see the many, many articles written by this Group during the last government’s tenure. Blind political allegiance/preference leads to bad decisions by uninformed partisans. Exercise prudence before tossing missiles merely because of your exuberance that your political party is now resident at the EM Gairy Government Complex.
GTFOOH ,when Keith Cladius Mitchell did it in 2013 and 2018 how come there was no complaints. Why you people so bias.
I will like to be part of this organization. There so much social injustice in Grenada, I hope this organization will lend itself to educate individuals of their role and responsibilities as citizens.
Mr. Victor, I must disagree with you in the strongest terms. This organization has no dog in the political fight and is steadfast in its mandate: constitutional education and reform. When the supreme law of the land defines a process we are bound to adhere to it. That is law to ensure orderly processes.
Take the organization at its word and resist the urge to impress your view of their motive.
One part of me wants to say ” ya fa ya fa”, feeling this is a bit nitpicking and I question whether this complaint is derived from partisan motives. Grenada, in its election, did something citizens should celebrate and be proud of: it engage in the democratic process peacefully, showing an impressive level of maturity in its politics. If the constitution needs modification so that the transition after election is more clearly defined, let is be. But, the complaint leverage just seems more aimed at sullying the new leadership than true constructive criticism.
Mr. Victor, I must disagree with you in the strongest terms. This organization has no dog in the political fight and is steadfast in its mandate: constitutional education and reform. When the supreme of the law of the land defines a process we are bound to adhere to it. That is law to ensure orderly processes.
Take the organization at its word and resist the urge to impress your view of their motive.
Stupes. Where was this organization when NNP Government broke every rule? Never jeard about this group previously.
Is Linda Straker a member of this organization?
Right?????