Commissioners intend to write to the governor general to reject submitted report
Moultrie says govt. representatives refused to sign the report recommending additional seats or shift in boundaries to ensure voter parity
NASSAU, BAHAMAS — The Constituencies Commission report has been completed and was presented to the governor-general for signature yesterday, according to House Speaker Halson Moultrie, who chairs the commission.
However, the remaining four commissioners revealed late last night said that the report was submitted with a single signature — indicating that they intend to write to the governor-general to reject it.
In a statement signed by commission co-chair Supreme Court Justice Deborah Fraser, Bamboo Town MP Renward Wells, Exuma MP Chester Cooper, and Marco City MP Michael Pintard, commissioners charged that boundaries report “does not represent what the majority of the commission’s members agreed to”.
“The speaker is the chairman of the commission, pursuant to the Constitution. However, he is only one member of the Commission,” the statement read.
“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.
“We intend to write a formal communication to the Governor-General urging him to reject the report submitted, which does not reflect the views of the majority of the commission.”
In an exclusive interview with Eyewitness News yesterday, Moultrie confirmed that the report had been submitted after government representatives refused to go along with recommendations made by the commission for additional seats or a shift in boundaries to ensure voter parity.
He said when the argument was included in the report, the government representatives refused to sign it.
“My dissenting concern was that they were at odds with the constitution,” Moultrie said.
“The constitution calls for parity in the islands where you can get parity — in New Providence and Grand Bahama in particular.
“Their position from day one was that we don’t have sufficient time to redo the maps, to reconfigure the constituencies and my position was that is not our concern.
“We don’t know if the prime minister is going to call a snap election or not, that is not the concern of the commission.
“The commission’s job is to comply with the constitution.”
He noted that when compared, the commission found that there was a difference of over 2,000 voters among some constituencies in Nassau — such as St Barnabas which only has 4,495 voters, and Golden Isles which has 7,204 voters.
“That should never happen,” he said.
However, the commissioners claimed that since the beginning of the process — which began last September — Moultrie was “intent on having his own way and doing his own thing”.
The statement noted that the speaker announced a meeting — which was not properly constituted — would be held to sign the report but there was not a quorum.
Cooper reportedly advised members via email that he was in his constituency in Exuma and not available for the signing on New Providence.
“No other member of the commission responded to the email or attended the meeting,” the statement continued.
“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.”
Last night, commissioners labeled the speaker’s decision to submit a “One Man Report” as a clear and flagrant breach of the Constitution.
The statement noted that the speaker did not adhere to Article 69(6) or Article 70(1) which requires the commission to have a quorum of members and submit a single report.
Additionally, they also accused Moultrie of failing to first give written notice to the prime minister of the intention to submit the report — who would publish that notice in the Gazette pursuant to Article 70(3) of the constitution.
“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 commissioners added.
Voter Parity
Moultrie told Eyewitness News that he made a recommendation to the commission to implement a quota of 5,000 voters per constituency plus or minus five percent or alternatively reconfigure constituencies so that there is voter parity.
“They were not willing to accept that,” he continued.
“They were single-mindedly committed to making sure to what the prime minister uttered in terms of us having 39 constituencies and there will be no change, they made that come to pass. It’s no other reason or justification for their action.”
Last week, Moultrie warned in a local daily that he was intent on handing the report to the governor-general even if he had to sign the report himself.
Article 70(1) of the Constitution of The Bahamas states that the commission “shall in accordance with the provisions of this article, at intervals of not more than five years, review the number and boundaries of the constituencies into which The Bahamas is divided and shall submit to the governor-general a single report either (a) stating that in the opinion of the commission, no change is required, or (b) recommending certain changes, and the governor-general shall cause such report to be laid before the House of Assembly forthwith”.
The last commission, chaired by former House Speaker Dr Kendal Major, renamed the Montagu constituency to Free Town and added the St Barnabas constituency, making major changes to the boundaries.
There have been continuous calls for the creation of an independent boundaries commission.
In the Speech from the Throne, the government promised to constitute an Independent Electoral Commission and Boundaries Commission, introduce term limits for prime ministers and introduce a system of recall for non-performing members of Parliament by referendum.
