by Rick Lowe
In The Tribune Business on Friday May 8, 2009 our honest lack of interest in promoting a free society is in evidence yet again. This time with the draft reforms by Parliament to the Domestic Insurance Act.
Usually it's the over arching power that a Minister can wield. In this case it's with a new "super powered" administrator.
Of course the claim is that someone like this (a super powered administrator) is necessary because of the recent failure of an insurance company.
The insurance industry should have seen it coming. It happens with every piece of legislation. In one way or another, someone is given the power to circumvent the Justice System.
What baffles me though, is the fact that the lawyers in the Justice System who should know the Constitution better than any of us mere mortals, do not seem to care, thereby reducing the natural constraints placed on the government by the Constitution.
There is cause for hope however. The Bahamas General Insurance Association (BGIA) is reportedly getting set to sue the government if they should proceed as they indicate they will.
One cheer for the BGIA!
Why not three cheers you ask?
When they actually do sue the government about the proposals then they'll get the other two cheers.
Perhaps one cheer only because they’ll be lucky to find a competent court in which to sue!!
Also, as corrupted as the A.G.’s office looks to be, they’ll again be lucky to not have their case thwarted or interfered with by same.
In other words, In my opinion, justice, as intended by the constitution, is not possible in the Bahamas, due to the endless corruption and special interests displayed as publicly as is possible by our ruling elite and their ever salivating minions.
Every piece of legislation written since 1992 is either in conflict with the constitution or is so flawed as to be all but useless in implementation.
Pre 1992, there was no pretense at legislating, rules were arbitrary and verbal, and subject to change at any time- My way or the highway style.
Law applied in a personal way, Either I like you personally, or I don’t!
The effect of this is a resignation by individual or entity alike to lay down and take it.
Ever tried to buck one of these all knowing supremely and extremely anointed ones?
The Mugabe type outbursts or insult laden replies are indication enough for me that we have seriously misplaced our trust and futures.
The real issue will occur as the pressures mount and our leadership’s options vanish leaving us subject to the implementaion of, and worse still the interpretation of, the worst aspects of these faulty acts and regulations.
It will not just be a Prime Minister and Cabinet all for themselves, but all rank and file civil Servant applying the same Power over someone elses assets.
But wait, that’s alreaady happening isn’t it?
You are right, what court system ?