Submission 28

Sent: Wednesday, October 19, 2022 7:06 AM
To: ConstitutionalReform
Subject: On The Constitution

Passing on as received.

“There shall be a Leader of The Opposition”.

(Sect. 74 (1)

There’s a difference between the “Spirit of the Law” and the “Letter of the Law” and both I very much believe are essential parts of the document that stands as our Constitution.

At the 1st public consultation of Oct. 16th 22 myself and Commissioner Nichols had a robust discussion on the above opening statement. I would concede to the attorney that even though the term “shall” is used here in its capacity as an instruction to be executed, Sect. 75 a) does go on to also further instruct that certain actions still (can) be taken by the G.G. / President more or less acting independently in the occasion of a (continued) vacancy in the Office of Leader of The Opposition for particular reasons stated therein. So it does mean that Government can properly proceed and function without a Leader of the Opposition under the Letter of the Law, but I would argue however that state of affairs is not in keeping with the Spirit of, if not the Law, most definitely the democratic principles espoused by our Constitution. I would further go on to argue the following:

1. While it may have been acceptable for a G.G. to act in a (placeholder) capacity in the exercise of functions normally undertaken by the Opposition Leader, it (may) not be considered so for a President as given their role in our new Republic.

2. For any thing to be truly called a “debate” to happen, there must exist at a minimum 2 opposing points of view. One for, the other against. One side presents all the positives, the other the negatives and then determination can be made as to which side prevails or at least wether compromise can be reached in order to proceed foreword to passage.

3. There needs to be a person present in the Lower House always prepared but with the duty to argue against any proposed legislation and to expose to the Public any and all such that can be of public concern and not just about proposed Legislation but whatever is seen is being necessary to discuss.

4. There must be a person under the protection of Parliamentary Privilege who is able not just to question and interrogate but demand answers of the P.M. or any and all others holding particular office under the Constitution. I would contend that it is only on the Floor of Parliament and as the highest court in the land it is first and foremost there that the “truth” of any matters can be under penalty determined.

It cannot be that it was intended by the original drafters of our current Constitution that any sitting administration could ever so easily go around and or blatantly ignore the principles of good governance as lain out in the this sacred document. So the fact that even though there is natural and expected requirement of good and audited financial management and reporting, the effort is easily styled by for example there being no Opposition Leader to fill the chair and the G.G./president does not have to. It is therefore for these reasons and those stated above that I would go on and recommend not just the following but with immediate (considered) effect changes and amendments. There can be other more comprehensive ones made at such time to be determined later as intended by this Constitutional Exercise, but this one in particular is needed now and can and should be made forthwith to protect our Democracy and Constitution.

We have a Westminster style of Government and practice a Representative System of it.. We elect 30 persons as the Representatives to constitute our duly Elected Government and they fill the seats of the Lower House as they see fit. The President sits outside of and is above any elected Government and represents The State to which that Government is beholden and answerable to. The Office of President therefore holds and confers or withdraws the inst1uments of power to that duly elected Government. How the President is elected or selected can be a matter for the later and more comprehensive review. -Give the President the power to appoint their own Representative to ensure that the Opposition Bench is occupied in the event that no duly elected Member is willing to cross the Floor for whatever their reason. The Presidents Representative would thereupon have all the powers and duties retained for the Leader if the Opposition except for the ability to vote on any and all matters as they were not elected to the House by the Public.

I believe that this one simple change will go a long way to improving the practice of our zdemocracy. More suggestions will follow sometime later.