by Rick Lowe

Bahamas Uncensored , a web site that could be written by Mr. Fred Mitchell, Minister of Foreign Affairs has been in a full court press against John Marquis, Managing Editor of The Tribune and Adrian Gibson a columnist with The Tribune and a blogger here with us.

Here is what they said recently about Mr. Gibson:

"Enter into the fray a 22 year old school teacher, a public servant who is prescribed by his contract from engaging in political polemic.  For that he can be subject to discipline and even dismissal.  Adrian Gibson (aka the wild man of Borneo) admits that he is in the above mentioned category.  Yet he continues to defy the rules of his contract, and writes political opinions in The Tribune every week.  He claims that John Marquis should be given a work permit because Mr. Marquis gave him the courage of his convictions, and gave him the chance to write the rubbish that he writes in The Tribune every week.  Uncle Tom is alive and well. No Minister of the Government insofar as we are aware has threatened anything against this very foolish young man. He claimed in his letter to the editor that his job had been threatened.  This is a figment of his vivid and lying imagination.  What he must answer is whether or not as a teacher of our children, he stands as a good example when he himself is not obeying the rules, when presumably that is what he should be teaching our children.  No wonder the country is in trouble.  We would support disciplinary action against him so that he can answer this important question.  When the rules go out of the window, then order collapses. Presumably that is what he and his fellow travelers at The Tribune want in their anti Black, anti PLP campaign that they use every opportunity for illogic to defend."

What is so amusing is that the rules only apply when the political class think they should.

The question that should be asked is whether or not the rules governing Civil Servants – including teachers known as General Orders are constitutional. Here’s why I suggest that. Chapter III, Section 15 of The Bahamas Independence Order 1973 (Bahamas Constitution) titled Protection of Fundamental Rights and freedoms of the Individual says:

"Whereas every person in The Bahamas is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for the privacy of his home and other property and from deprivation of property without compensation,

the subsequent provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest."

So, as long as Mr. Gibson is teaching the curriculum authorized by the Ministry of Education he should be able to express his views publicly (political or not) in my not so humble opinion, because one would think the Constitution would take precedence over General Orders?

But maybe "Lowe’s Law", where Politician’s spend their careers making laws to keep everyone else accountable and make the average citizen and business play "fair". Yet, they refuse to hold themselves to the same standards, comes into play with this one.

In any event, maybe it’s time for a test case?