IS SOMETHING WRONG with our present system of government?
In attempting to answer this question it can’t be a simple case of Democratic Labour Party (DLP) versus Barbados Labour party (BLP), even though naked partisan politics appears to be at play in every sphere of activity.
But what is most concerning today is the quality of our national decision making.
Private sector entities are not immune to this problem either, although they appear much less prone to what are oftentimes quite silly but very costly mistakes.
Maybe the difference with commercial entities is that those responsible for causing serious reputational damage and injury are made to pay in one form or another, but in the public sector there’s a totally different understanding it seems, in spite of all the long talk about reform.
Take for instance, the matter of the appointment of a new Chief Justice (CJ) for Barbados.
One would have thought that given the national significance of such a move, the greatest level of care, in keeping with the high stature of that office, would have been applied – both in terms of choosing and confirming a candidate.
But not so. We are now faced with a possible serious egg-on-face situation, not to mention the significant legal ramifications, owing to the fact that questions have now been raised about whether the proposed appointee’s service in the United States is covered by the wording of the qualifying Act.
What should in fact have been a simple, straight forward matter of appointment is now shrouded in controversy, even though there is no questioning the legal aptitude and suitability for the position of designate Marston Gibson.
What were the authorities thinking? How could they get it so wrong?
Surely, if they had consulted the Supreme Court of Judicature Act they would have taken note of Section 7 which clearly states that anyone who wants to become Chief Justice or a Court of Appeal judge in Barbados, must have been practicing for no fewer than 15 years in a Commonwealth jurisdiction, or serving during the prescribed period as a parliamentary counsel or as a professor or teacher of law at the University of the
West Indies, or at a school for legal education approved by the Judicial and Legal Services Commission.
As it stands right now, a Pakistani with 20 years experience has more right than Gibson to serve in the post, even though he is a “born and bred” Bajan.
If we strip away the emotion for a minute, it is clear to see that though qualified, Gibson is ineligible under the laws of Barbados.
As stupid as that may seem, can we afford to tinker with the law in support of the man who is to be the number one law enforcer?
This appointment process has been tried and found wanting. The ball is now in Prime Minister Freundel Stuart’s court. We eagerly anticipate his next move.
