Justice Adderley Has Spoken
The Bahama Journal Editorial
A number of citizens decided that they would take the Minister of Works to court; they did and today we know that rest of the story – these citizens won.
As one citizen notes of the matter to which we refer: "This case is historic, (it) has proven that the small man can stand up and fight City Hall. There is no reason to be scared.
This citizen is Arnold Heastie, owner of Heastie's Service Station on Baillou Road.
Another citizen, Etheric Bowe, the owner of Advanced Technical Enterprises Ltd, said the ruling gave him faith in the justice system.
In addition, there is also Rupert Roberts, himself another leading citizen who also exulted in the decision to which we shall presently refer.
And for sure, we can also advise that, you should –at least for now- forget that old saw which suggests that, while sticks and stones might break your bones, words can never harm you.
While this might be advice that is good enough for naïve children, the fact remains that, in the very real world that we inhabit, words – particularly those uttered by magistrates, Supreme Court Justices and others such – can and do resonate.
Here we can and will illustrate the point we make by noting some of those poignant words as they were uttered this past weekend by one Supreme Court Justice, K. Neville Adderley.
In a matter that came to his attention, we note some of what this esteemed justice had to says as he expatiated on the bone that had been the nub of contention between the Minister of Works and some of this nation’s leading citizens; concluding [as he did] on this salutary note: "I find that once the Minister (of Works) had embarked on the consultative process by carrying out the road works in the affected area without proper consultation, he thereby did not follow the requirements of the law…”
This broadside was followed by another volley of words that struck their mark. Here Justice Adderley concluded on this note: “…I also find that the road works in substance constitute a public nuisance which has directly contributed to losses, including goodwill, to the businesses of the applicants…"
This is surely some powerful stuff.
And as if this was not enough for the Minister of Works, the learned justice reverted to that question concerning damages.
Here Justice Adderley opined that, "The damages shall relate to their businesses only and to loss cause by the road works. The works on the Baillou Hill Road and Market Street corridors are continuing and there may be time for the minister to mitigate his damages by engaging in proper consultation with the applicants to the extent, if any, is still possible…"
Yet again, we are witness to the power inherent in words when they are words that can and will make a difference as regards the rights of the citizen versus the power of the state.
Such is the stuff of which joyous celebration is both birthed and fashioned; and so it came to be that, Justice Adderley’s ruling was met with jubilation from the Coconut Grove Business League.
But for sure, there is more to this than that it surely does provides a perfect pretext for celebration and jubilation.
Here the truth inherent in the matter at hand has to do with lessons that must be learned. In this regard, then, the current administration, its Official Opposition and [perhaps] most of those men and women who would aspire to leadership in our land must – if for the sake of their own sanity – should take close note of the fact that, there are three branches of government.
They would also be well advised to know and appreciate the importance of the fact that, each branch has its own unique role to play in keeping things on an even keel; and that, when the chips are down, the executive branch of government can and should be over-ruled.
This is precisely what now stands revealed on the morrow of a landmark decision made by Supreme Court Justice K. Neville Adderley, who opined that, the Minister of Works "did not follow the requirements of the law when he effected road works along Baillou Hill Road and Market Street.”
This he said as he ruled in favour of the Coconut Grove Business League yesterday.
We can also note that, Justice K. Neville Adderley also awarded the group unspecified damages for loss of business due to the ongoing road works - damages that will be assessed by the court at a later date if the parties involved cannot come to an agreed amount.
Evidently jubilant, The Coconut Grove Business League –as reported – described Justice Adderley’s ruling as an historic one.
It surely is.
And so, today we give thanks for the fact that, we still live in a land where the Rule of Law yet prevails.
December 20, 2010
The Bahama Journal Editorial
A political blog about Bahamian politics in The Bahamas, Bahamian Politicans - and the entire Bahamas political lot. Bahamian Blogger Dennis Dames keeps you updated on the political news and views throughout the islands of The Bahamas without fear or favor. Bahamian Politicians and the Bahamian Political Arena: Updates one Post at a time on Bahamas Politics and Bahamas Politicans; and their local, regional and international policies and perspectives.
Showing posts with label rule of law Bahamas. Show all posts
Showing posts with label rule of law Bahamas. Show all posts
Monday, December 20, 2010
Tuesday, November 23, 2010
And Now, the People Speak
The Bahama Journal Editorial
Like others who work in media, we are always left gladdened when those who lead avail themselves of the services people like us package and deliver to a people in need of having access to information and commentary germane to all aspects of the people’s right to know.
In this regard, kudos are due this nation’s prime minister and his parliamentary opposite for the manner in which they have sought to bring the public into their debates about matters currently on the minds of the Bahamian people; here whether the reference made has to do with economic, social or cultural concerns.
Indeed, we make this point as we note the obvious; this being to the effect that, all roads political now run in that direction where the voice of the people will be heard in free and fair elections; and where as we are led to believe, the Rt. Hon. Perry G. Christie hopes to be squared off against the Rt. Hon. Hubert A. Ingraham.
In turn, these two men can expect the arrival of any number of other men and women who believe that the Bahamian people should choose one of them. And so, the time will come and the people will choose; and as they make up their minds, some of them will search out information that might help them. Here they will turn to media for this or that quantum of relevant information.
For as long as we can remember there have been those people who would –if they only could- fix this or that game. Such a crew of people can be found wherever and whenever games are there to be played.
Sadly, this is how some Bahamians would love to see happen in the political game that is operative in a fledgling democracy such as ours. The good thing here is that Bahamians need have no real fear; this due to the fact that, there is information galore available; much of it aimed at getting at the real truth behind this or that stated event or policy. This truth is evidently not lost on the men and women in the hierarchy of both the Progressive Liberal Party and its parliamentary opposite in the guise of the ruling Free National Movement.
Both parties are led by men who have been around long enough to know that the press has a vitally important role to play in helping preserve and grow our involvement with the role democracy can play in providing a people with governments that are truly theirs.
That we live in a democracy is sometimes treated as if this was obvious. Nothing could be further from the truth; the fact being that we live in a society where democracy and the rule of law are seen to provide guidelines and framework for the conduct of the people’s business.
And so the point we make is to the effect that, while we aspire to both democracy and the rule of law, there will always be some temptation or the other that might conspire to have those who lead stray away from that high mark where transparency, accountability are the known coins of the realm. But even as some politicians might wish to do as they see fit in a fledgling democracy such as the one we currently have; they do so at their peril.
Indeed, there is evidence galore to support the conclusion that, whenever they had to do what they felt was right, the Bahamian people have made their voices heard in no uncertain way.
This they do when they have a chance to sound out on relevant issues of the day on radio or by way of other media that are currently ubiquitous – as in the case of information mediated by way of the Internet.
Such is the power of this medium that any who believe that they could or should try to get away with any foolishness had better think again.
And for sure, we note –albeit in passing- that long gone are the days when media could be controlled by this or that political party – such being the necessary result of living in a time when the production, packaging and dissemination of information [political and otherwise] can be done by a broad cross-section of the citizenry.
And so, media matters all the more to men and women who would lead. None of this should however be read to suggest that, the day of the so-called mass rally is over; instead what we are suggesting is that, as the voting population expresses itself politically, some of them will gravitate to media that are close and intimate; while others will search out for other venues and other experiences.
But no matter the medium or the forum; the Bahamian people will speak and they will have the last word for all who would lead them anywhere!
November 23rd, 2010
The Bahama Journal Editorial
Like others who work in media, we are always left gladdened when those who lead avail themselves of the services people like us package and deliver to a people in need of having access to information and commentary germane to all aspects of the people’s right to know.
In this regard, kudos are due this nation’s prime minister and his parliamentary opposite for the manner in which they have sought to bring the public into their debates about matters currently on the minds of the Bahamian people; here whether the reference made has to do with economic, social or cultural concerns.
Indeed, we make this point as we note the obvious; this being to the effect that, all roads political now run in that direction where the voice of the people will be heard in free and fair elections; and where as we are led to believe, the Rt. Hon. Perry G. Christie hopes to be squared off against the Rt. Hon. Hubert A. Ingraham.
In turn, these two men can expect the arrival of any number of other men and women who believe that the Bahamian people should choose one of them. And so, the time will come and the people will choose; and as they make up their minds, some of them will search out information that might help them. Here they will turn to media for this or that quantum of relevant information.
For as long as we can remember there have been those people who would –if they only could- fix this or that game. Such a crew of people can be found wherever and whenever games are there to be played.
Sadly, this is how some Bahamians would love to see happen in the political game that is operative in a fledgling democracy such as ours. The good thing here is that Bahamians need have no real fear; this due to the fact that, there is information galore available; much of it aimed at getting at the real truth behind this or that stated event or policy. This truth is evidently not lost on the men and women in the hierarchy of both the Progressive Liberal Party and its parliamentary opposite in the guise of the ruling Free National Movement.
Both parties are led by men who have been around long enough to know that the press has a vitally important role to play in helping preserve and grow our involvement with the role democracy can play in providing a people with governments that are truly theirs.
That we live in a democracy is sometimes treated as if this was obvious. Nothing could be further from the truth; the fact being that we live in a society where democracy and the rule of law are seen to provide guidelines and framework for the conduct of the people’s business.
And so the point we make is to the effect that, while we aspire to both democracy and the rule of law, there will always be some temptation or the other that might conspire to have those who lead stray away from that high mark where transparency, accountability are the known coins of the realm. But even as some politicians might wish to do as they see fit in a fledgling democracy such as the one we currently have; they do so at their peril.
Indeed, there is evidence galore to support the conclusion that, whenever they had to do what they felt was right, the Bahamian people have made their voices heard in no uncertain way.
This they do when they have a chance to sound out on relevant issues of the day on radio or by way of other media that are currently ubiquitous – as in the case of information mediated by way of the Internet.
Such is the power of this medium that any who believe that they could or should try to get away with any foolishness had better think again.
And for sure, we note –albeit in passing- that long gone are the days when media could be controlled by this or that political party – such being the necessary result of living in a time when the production, packaging and dissemination of information [political and otherwise] can be done by a broad cross-section of the citizenry.
And so, media matters all the more to men and women who would lead. None of this should however be read to suggest that, the day of the so-called mass rally is over; instead what we are suggesting is that, as the voting population expresses itself politically, some of them will gravitate to media that are close and intimate; while others will search out for other venues and other experiences.
But no matter the medium or the forum; the Bahamian people will speak and they will have the last word for all who would lead them anywhere!
November 23rd, 2010
The Bahama Journal Editorial
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