Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Dr. Fraser- Point of View
October 23, 2009

Reflections on the Constitution (Part 5)

On the cover of the final report of the OAS/UNDP Conference on Constitutional Reform in the Caribbean that was held in Barbados in 2002 there is a quotation from Dr. Ralph Gonsalves that reads as follows: “Constitutional reform is not a political abstraction. It is a major, political exercise in governance involving real flesh – and blood people awash with their peculiarities and contradictions, conditioned by their socio-political history and contemporary reality.”{{more}} Beautifully said! This is really what I look for every time I have a chance to read the constitution. I want to see instruments that would improve governance and I look for provisions in the constitution that are informed by the fact that we are dealing with ‘real flesh-and -blood people awash with their peculiarities and contradictions, conditioned by their socio-political history and contemporary reality.’ This is really one of the problems I have with the constitution. It is a political abstraction. It fails to take into account that we are dealing with real people and it fails to be governed by the realities of politics in St.Vincent and the Grenadines since we took control of our affairs in 1979. It expects our politicians and the other major players in governance to act like people who are pure and who are above the pettiness we find in our politics and who act in the interest of the country and are not governed by the dictates of party politics and sheer acquisition of power. When we see what transpires in the House and the clear battle lines that are drawn and when we see what passes for good governance, we should have tried to restore some semblance of order and redefine what good governance is.

In Chapter 6 on “Composition of Parliament” I am absolutely astounded by 68 (d). One of the qualifications to be a Senator or Representative, is that the person “is able to speak and unless incapacitated by blindness or other physical cause, to read the English language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the National Assembly.” This was lifted lock, stock and barrel from our present constitution. But even more it goes back to 1951 when faced with the advent of Adult Suffrage, this provision was introduced to stifle the aspirations of the masses. In fact this provision was later used by the Labour Government against Mrs. Joshua. It appears to me a sad reflection on the state of our country that today, October 2009, we see the need to reintroduce such a clause. I cannot remember precisely what happened in the case of Mrs. Joshua, but what we need first to ask is how do you determine degree of proficiency to read the English language to enable persons to actively participate in the proceedings in parliament?

I am not suggesting that we put in parliament people who are illiterate and unable to play a meaningful role in the debates in parliament. What I am suggesting is that hopefully we have a voting population that understands this, that understands the requirements for participating effectively in the National Assembly and would act accordingly. I am embarrassed that we find the need to reintroduce such a clause. In any event what is a democracy all about? Anyone should be able to harbour thoughts of representing people in parliament, but on the other hand we should have an enlightened population that is able to assess who is best able to carry out the tasks required of a parliamentarian. If I were from Mars and saw that provision I would begin to harbour funny thoughts about the state of our country. That clause is archaic and better reflects the state of our society in 1951. It was not long ago that a gentleman from Bequia, a McIntosh I believe, argued through letters to the newspapers that people like him should have more votes than the poor illiterates whom he despised for the fact that they were able to exercise the same vote and right to vote as he was able to.

There are some provisions in the Constitution that have me somewhat confused. One example of this is in the Chapter on Electoral and Boundaries Commission, section 94 (9) that reads, “Where there is a quorum, the Commission shall not be disabled from transacting any business by reason of any vacancy among its members, and any proceeding of the Commission shall be valid even though some person took part therein when he was not entitled to do so.” What does this all mean? Why should anyone be allowed to participate if he was not entitled to do so? What would be the nature of his participation and why should the proceedings be valid? There must be some reason for putting this in. I have tried to figure out what it is really meant to do and what is behind it. Unfortunately, this one has me.

Another section had me searching frantically to fully comprehend it. I am sure I must have missed something. Section 104 (3) identifies areas where the President shall act in his own deliberate judgment in accordance with the following provisions of this constitution. 104 (3 a) lists among them 115 (1): What does it say? Where the Prime Minister is absent from the country or is ill or as the result of passage of a vote of no confidence, “the President may authorise some other member of the Cabinet to perform those functions…” One understands that if the Prime Minister is ill he might not be in a position to advise the President on his replacement in an Acting capacity. But then 113 (1) refers to Cabinet advising the President but states that the provisions in that clause shall not apply where the Constitution requires the President to act in accordance with the advice of the Prime Minister, as in relation to- a)”… the authorising of a Minister other than the Prime Minister to perform the functions of the Prime Minister during the Prime Minister’s absence or illness or other unavailability”. What I cannot find is any area of the Constitution that requires the President to act in accordance with the advice of the Prime Minister as it relates to “the authorising of a Minister other than the Prime Minister to perform the functions of the Prime Minister during the Prime Minister’s absence or illness or other unavailability”. I am sure there has to be such a provision but all I could find is 115 (1) that according to 104 and 104 3(a) allows the President to act in his own deliberate judgment in selecting someone to replace the Prime Minister during his absence or illness.

Dr Adrian Fraser is a social commentator and historian.

  • FacebookComments
  • ALSO IN THE NEWS
    Fuel under siege: the human cost of Washington’s energy pressure on Cuba
    Our Readers' Opinions
    Fuel under siege: the human cost of Washington’s energy pressure on Cuba
    Jada 
    May 6, 2026
    By Carlos Ernesto Rodríguez Etcheverry Cuban Ambassador to St. Vincent and the Grenadines On January 29, 2026, the U.S. government under President Don...
    Bishop saved from burning house
    Front Page
    Bishop saved from burning house
    Webmaster 
    May 5, 2026
    THE CHURCH COMMUNITY, the people of Chester Cottage, and the Bethel Gospel Assembly are among the numerous people who are sending up prayers for Bisho...
    White British travel vlogger blasted over iShowSpeed comments
    Front Page
    White British travel vlogger blasted over iShowSpeed comments
    Webmaster 
    May 5, 2026
    “WHAT DOYOUTHINK the narrative around this Ishowspeed Caribbean tour would be if he was white?” This question was posed by British content creator ‘tr...
    Teachers urged to take job seriously – Dr Friday
    Front Page
    Teachers urged to take job seriously – Dr Friday
    Webmaster 
    May 5, 2026
    TEACHERS in St Vincent and the Grenadines (SVG) have been asked to acknowledge that they have a responsibility when it comes to shaping young people, ...
    IMF official recommends modernised energy legislation for SVG
    Front Page
    IMF official recommends modernised energy legislation for SVG
    Webmaster 
    May 5, 2026
    THE INTERNATIONAL Monetary Fund (IMF) has concluded that a transition to renewable energy could significantly lower energy costs for households and fi...
    Opposition Leader defends API’s acting Director
    Front Page
    Opposition Leader defends API’s acting Director
    Webmaster 
    May 5, 2026
    FORMER PRIME MINISTER, now Leader of the Opposition Dr. Ralph Gonsalves, is of the opinion that the current administration has inflated the “genuine e...
    News
    VINLEC launches Environmental Health and Safety Awareness Month
    News
    VINLEC launches Environmental Health and Safety Awareness Month
    Webmaster 
    May 5, 2026
    ST.VINCENT ELECTRICITY Services Limited (VINLEC), launched their annual Environmental Health and Safety (EHS) Awareness Month on April 27, 2026 at the...
    Pastor advises VINLEC employees to lift their thinking
    News
    Pastor advises VINLEC employees to lift their thinking
    Webmaster 
    May 5, 2026
    THE LEAD PASTOR of the Kingstown Baptist Church(KBC), Cecil Richards, has advised workers at the St. Vincent Electricity Services Limited (VINLEC) not...
    Taiwan expresses concern after China calls the island biggest risk in US-China relations
    News
    Taiwan expresses concern after China calls the island biggest risk in US-China relations
    Webmaster 
    May 5, 2026
    IN A CALL with U.S. Secretary of State Marco Rubio on Thursday April 30, 2026 Chinese Foreign Minister WangYi urged the United States to “make the rig...
    Employers urged to take safety and mental health seriously
    News
    Employers urged to take safety and mental health seriously
    Webmaster 
    May 5, 2026
    THE RESOUNDING MESSAGE emanating from the observance of World Day for Safety at Work was the need for employers to take the matter of safety and healt...
    Arrest made in connection with murder of Vincentian in St Kitts
    News
    Arrest made in connection with murder of Vincentian in St Kitts
    Webmaster 
    May 5, 2026
    A MAN was formally charged on April 29,2026 in connection with the death of Vincentian Shamarie Baptiste, who was shot and killed at the Royal Kingdom...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok