The New Today

Commentary

Open letter to the Governor-General regarding the Motion of the Joint Sitting of  the Houses of Parliament 

Dear Madam:

We, the undersigned, write to bring to the attention of His Majesty King Charles and his Representative, Her Excellency, our Governor-General, Dame Cecile La Grenade, our concerns with respect to the Order Paper carded to be laid before the Houses of Parliament today February 6, 2024, as part of the 50th Anniversary of the Independence of the State.

One of the items on the Order Paper is a Resolution which reads: “That the Grenada Termination Of Association Order 1973, A Draft of which was Laid before The House (U.K. House of Commons) on 22nd November 1973, be Approved.”

There was seemingly little to no research on the implications of this proposed Resolution. If there was, they would have observed these:

(1) The West Indies Act 1967, (an Act of the U.K. Parliament) section 10(2) empowered the United Kingdom Government to “grant independence” (terminate the associated status) to Grenada by Order in Council;

(2) Acting pursuant to that section The Grenada Termination of Association Order 1973 and the Grenada Constitution Order 1973 were made on 19th December 1973 by Her Majesty In Council – Her Majesty’s Privy Council;

(3) As required by the Act, the Draft of that Order was laid before the United Kingdom’s House of Commons;

(4) Once made, and declared by the Order of the Privy Council, or by the Act itself to be in force, Grenada became an Independent Nation-State on the appointed date.

Related:  An open letter to the Governor-General regarding questions submitted to Members of Parliament in November 2023

No further action was required by the Associated Statehood Act, 1967 nor did the Constitution Order 1973 authorise any further measures by our Parliament as this Motion attempts to do.

A simple Resolution recognising the resilience of the People of the State who have endured so much, and yet have prevailed would have sufficed.

We are guided by Section 45 and Section 70, which outline the role of your esteem office and that of the Attorney General’s and demand that this Motion be suppressed. We reserve the right to invoke Sections 101 and 106 of the Constitution in the interpretation of this matter.

This otiose ‘Resolution” is an abuse of the patriotism displayed by our citizens in observance of our 50th year of Independence. A Resolution of the Parliament usually has a connection to some underlying factual cause which necessitates and undergirds the vires of the Resolution. This Resolution is without basis in fact or in Law.

We remain committed to supporting your office on the principles of good governance, respect for the rule of law and the Grenada Constitution.

Independent Caucus for Constitution Reform (ICCR)