A New Ultra-Vires Government

Like in the ending of the Noble Prize-winning novel, “The Lord of the Flies”, it is no surprise that the Davis-Cooper administration and their ‘positive gang’ are abusing the Bahamian people while everything seemingly burns to the ground all around us. Unless we, as a people, change our expectations of leaders the entire country will continue to suffer under this de facto dictatorship.

It all started when Cabinet members like Hon. Dr Michael Darville and Attorney General, Hon. Ryan Pinder introduced the Health Services Rules, 2021, which violate our Constitution. For the grounds as to why it is indeed unconstitutional you may read either of my Tribune or Nassau Guardian articles published in November of 2021. Thank you to the editors for indulging my submissions on your notable platforms.

To my fellow readers, do not get me wrong, my submissions do not mean that unreasonable Emergency Orders, or any for that matter, had to be imposed. The former of which I now, as many God-fearing Bahamians ought to, forgive the Rt. Hon. Dr. Hubert Minnis because not all orders were unreasonable. He has now stepped forward with the accountability and grace required to champion our constitution, and with the other economic and social successes during his term, many respects are and should be given.

With that said, the current leaders on frontlines are not doing better than anticipated nor are they taking heed from his lessons. Leaders should have and must adhere to the Constitution by still invoking a ‘state of emergency’ (i.e. a health crisis) to impose rules like the aforesaid PLP Health Services Rules. Otherwise, they are acting beyond their powers (i.e. ultra-vires) by using mere statutory rules to control and restrict the fundamental freedoms of the entire country.

The question is what are we willing to allow to be done to us outside of the scope of the law? Think of it like this, what if, God forbid, an intergovernmental organisation (e.g. UN), or the government, falsely or incorrectly declares a new global or national crisis (i.e. completely made up unlike the COVID-19 pandemic) that requires the exercise of similar powers. Does this also mean that the government can make up any rule that restricts our fundamental rights without there actually being a ’state of emergency’?

This is a fundamental question of the rule of law that history tells us the PLP doesn’t nor never will seem to appreciate.

Nevertheless, the misleading nature of the Davis-Cooper rules and election campaign garnered the confidence to usher in what I call the New Ultra-Vires Government. Indeed, ‘how tings start are often a clear indication of how tings are gonna go.’ Now the government thinks that it can do anything to abuse the sacred body of the land and probably won’t stop doing so. They are masterminds at breaking the law to achieve their own subjective version of justice. They think ‘dis is how the world works.’ However, in my humble opinion, these unprecedented rules began a slippery sloop that ceases to end under the New Ultra-Vires Administration.

Today, media reports are riddled with constitutional and other procedural breaches. From spending the people’s money to travel to political allies in Bermuda; $100,000 to go to Grand Bahama “to urge the (GB) minister’s constituents to support the government’s candidate to fill the seat”; and using $30,000 allocated to the disabled   community for Obie’s final arrangements. Such expenditure may violate Article 131 of the Constitution, which states that the government may only withdraw from said fund to “meeting public expenditure authorised [under an Appropriation Act] or, in the case of statutory expenditure for the purposes appointed by law.” The question is whether said expenditures were or are accounted for under said laws. These funds, like those of the Bermuda trip, ought to be returned to the people.

Finally, significant concerns remain about the procurement of government contracts with BPL, BGSC, and the recent international sport games that may be contrary to the Public Procurement Act, 2023. Stakeholders, like the BEWU union leader, Kyle Wilson and the independent auditor, have sounded the alarm on these matters and, as a result, they are being victimised and harassed. This coupled with the gagging of media outlets and attempts to silent any opposition are clear signs of a dictator’s regime. I stand with whistle-blowers challenging this new ultra-vires administration’s poor efforts to govern in accordance with the rule of law because if we do not stand for something we will fall for anything.