Jamaica Gleaner
Published: Tuesday | March 17, 2009
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GG suspends Turks & Caicos' constitution

Misick

PROVIDENCIALES, Turks and Caicos (CMC):

Governor Gordon Wetherall yesterday announced plans for a partial suspension of the constitution of the Turks and Caicos Islands, ending ministerial government for a period of two years.

The announcement follows the February 28 release of the interim report from the Commission of Inquiry that investigated alleged corruption on the part of the Michael Misick-led administration.

Political amorality

In a statement, the governor said the commission, led by Sir Robin Auld, has pointed to "clear signs of political amorality and immaturity and general administrative incompetence".

In view of its findings, he said the British authorities had been engaged in several consultations and had taken the view that elements of the constitution will need to be suspended, as recommended by the commission.

Vacant positions

"I am today also making public a draft Order-in-Council, which would suspend parts of the constitution, including those relating to ministerial government and the House of Assembly, initially for two years, although this period could be extended or shortened.

"The draft order will be submitted to Her Majesty in Council at a meeting on March 18. If made, the order will be laid before Parliament on March 25," he said.

On the commencement of the order, the offices of the premier and ministers of Cabinet, as well the House of Assembly - including the positions of speaker and deputy speaker, the leader of the opposition and Cabinet secretary - will become vacant.

The order also applies to members of the judicial and public service commissions, as well as the local complaints commissioner.

Multiparty elections

The affairs of the British Overseas Territory are to be managed by an advisory council, led by the governor, who will also nominate members to serve on his team.

The governor said the order, as currently drafted, would leave in place important elements of the constitution, such as the fundamental rights chapter and provisions relating to the governor, the courts and the public service, while removing the Cabinet, House of Assembly and references to ministerial and related powers.

The partial suspension of the constitution also means that there will be no multiparty elections.

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