Gov’t: No Crisis:

By Quincy Parker -
Nassau, Bahamas:

The government has fired back after being accused by a sitting Justice of the Supreme Court of twice breaking the law and creating a constitutional crisis by seemingly undermining the independence of the judiciary.

The government released a statement Tuesday evening denying that there was a constitutional crisis, and expressing confidence that the government’s "position in this matter will be upheld and vindicated through the appellate process of the courts."

According to Supreme Court Justice John Lyons, the third ranking judge of the Supreme Court, the government’s apparently deliberate failure to appoint a commission in both 2003 and 2006 to review the judges’ salaries and conditions created crisis "of the most serious nature."

"If this was a deliberate act by the Cabinet, then (and there is no dull edge to this) this must be considered a deliberate attack on the independence of the judiciary," Justice Lyons wrote in his 30-page decision.

"And that, in turn, is an attack on the fundamental constitutional rights enjoyed by all persons of this country…I am in no doubt that, whichever way it is looked at, this is a very serious constitutional crisis."

Later in his ruling, Justice Lyons said the Cabinet had breached the same law twice, referring to Section 4 of the Judges Remunerations and Pensions Act, which he said was designed to protect a foundation pillar of the Bahamas Constitution.

"When government or Cabinet flouts the law," the judge wrote, "it is a constitutional crisis of the most serious nature. In responsible countries with a truly democratic and accountable system of governance the only suitable resolution is resignation."

But the government’s press release said, "There is no constitutional crisis as alleged by Mr. Justice Lyons."

"The judgments of Mr. Justice Lyons issued in Freeport (on November 6 2006) are carefully being reviewed by the Office of the Attorney General and the Office will take the appropriate appellate steps deemed necessary; as indeed Justice Lyons has invited to be done," the statement said.

"The Cabinet has at all times acted according to law and behaved with constitutional propriety throughout."

Without going into specifics or addressing any of the particulars raised by Justice Lyons, the government’s statement assured that "steps are being taken to implement the decisions of the Cabinet."

According to Justice Lyons, the government broke the law twice by disregarding the Act, particularly Section 4, which sets out the terms for appointing an independent commission to review the remuneration of judges.

"By (breaking the law) the Cabinet has shown a manifest disregard for the rule of law. What is of great concern is that the law that has been broken…is the very law designed specifically to protect against the undermining of the independence of the judiciary."

The government’s statement insisted that "the Government reaffirms its commitment to the independence of the judiciary and in no way has it compromised the independence of the judiciary, nor in any way is that independence now compromised."

8 November 2006

bahamas law