#BTEditorial – Public servants and general elections

While the country was grappling to come to terms with the troubling revelations related to the controversial survey administered by the Inter-American Development Bank to first formers at five secondary schools last week, another development in the education sector received passing attention but was of no less import.

Last Thursday, news surfaced that special grade teacher Alwyn Babb of the Lester Vaughan Secondary School was found guilty of misconduct and had been suspended for three months on half pay. The punitive action was a result of him contesting the January 19, 2022 general election in the St Peter constituency on behalf of the Democratic Labour Party (DLP), for which he was charged and suspended on April 6 this year.

Barbados TODAY also learned that the second teacher suspended for contesting that poll on a DLP ticket, Pedro Shepherd, has been placed on a further three-month suspension but with full pay since he cannot be suspended on half pay for more than six months. A decision on Shepherd’s case is still pending.

Babb’s representative, trade unionist Caswell Franklyn, revealed that his client received a letter from the Ministry of the Public Service which also indicated that if he wanted to appeal to the local Privy Council, he could do so by applying in writing to President Dame Sandra Mason, through the Clerk of the Privy Council, within 14 days of receiving the letter.

But any such appeal would seemingly put Babb between the proverbial rock and a hard place, with the Ministry also advising that if he exercised that right he would be suspended under Section 98 (1) of the Constitution of Barbados and not be paid any emoluments, as set out in the Code of  Discipline of the Public Service.

An outspoken Franklyn criticised the Ministry’s handling of the matter and served notice that the case could go all the way to the Caribbean Court of Justice, Barbados’ final court.

Under Section 3.18.1 of the General Orders of the Public Service, officers and employees are expressly forbidden from canvassing on behalf of any party or candidate for the election to the House of Assembly. Additionally, officers and employees shall not act as agents or sub-agents for any candidate for elections or speak at political meetings.

But Franklyn has insisted that the General Orders run contrary to Section 44 of the Constitution which he contends gives Babb the right to run in a general election.

“The General Orders cannot supersede the Constitution of Barbados,” he argued.

Others have disagreed, contending that public servants should not run for elected office because it puts the public service at risk of being politicised. They argue that those who seek political office should exit the civil service to preserve its integrity.

With the matter seemingly headed to the law courts, we leave it up to the legal luminaries to argue the law.

The development has, however, triggered a bigger issue worthy of consideration as we move to craft a new Barbados Constitution for this young republic.

Does the prohibition of public servants from contesting elections serve a mature democracy like Barbados?

If we agree that elections are one of the pillars of democratic governance, since they allow voters to select leaders and have their say on the country’s affairs, doesn’t it stand to reason that any Barbadian who has a real interest in national development, the best and brightest, regardless of political stripes, public servant or priest be allowed to run for office? 

In at least two sister Caribbean Community (CARICOM) member states, Trinidad & Tobago and St Kitts & Nevis, public servants are allowed to contest elections.

In the case of the former, Trinidadian public servants can compete as candidates and return to their posts if unsuccessful. While in St Kitts & Nevis, the High Court cleared the way for public servants to participate in a general election when it deemed unconstitutional, in 2019, sections of their Public Service Act that prevented public officers from participating in general elections.

In our case, the outcome of a potential court case will provide much instruction. And so, we wait.