NASSAU, Bahamas — In the latest development in what is shaping up to be an unusual election season, four members of the Constituencies Commission are accusing its chairman, Speaker of the House of Assembly Halson Moultrie, of being in breach of the constitution by submitting a purported commission report to Governor General Sir C.A. Smith with only his signature on Friday, The Nassau Guardian reported on Monday, July 19.
In a statement on Friday night, Supreme Court Justice Deborah Fraser, Minister of Health Renward Wells, Progressive Liberal Party Deputy Leader Chester Cooper and Minister of Agriculture and Marine Resources Michael Pintard called the move by Moultrie “a clear and flagrant breach of the constitution” and noted their intention to urge Smith to reject the report.
Article 69(6) of the constitution requires the concurrence of at least three members for any decision by the commission.
The commission must give the prime minister written notice of its intention to submit its report to the governor general, according to Article 70(3) of the constitution, which mandates the prime minister to subsequently publish that notice in the gazette.
In their statement, the four commission members said, “The action of the speaker does not comply with any of these fundamental provisions of the constitution and is a blatant disregard for legality and for the constitutional order of The Commonwealth of The Bahamas. The speaker is the chairman of the commission pursuant to the constitution. However, he is only one member of the commission.
“A report signed by one member alone is a legal and constitutional nullity, which only serves to bring the high office of speaker into disrepute. What was clear from the beginning of this process, which began last September, is that the speaker of the House was intent on having his own way and doing his own thing. The speaker announced a meeting to sign the report, which was not properly constituted, and there was not a quorum.
“The member for Exuma (Cooper) indicated via email that he was in his constituency and not available for the meeting. No other member of the commission responded to the email or attended the meeting. The speaker submitting a report to the governor general signed only by him is grandstanding and political posturing. It marks a low point in the history of our democracy.”
They said the report does not reflect the view of the majority of the commission. See complete story in The Nassau Guardian at https://thenassauguardian.com/a-breach-of-the-constitution/
