The Delta Sigma Theta Sorority hosted a women’s forum on Saturday at the Kevin Tomlinson Academy. Guest speaker for the event was Retired Justice Ruby Nottage who spoke about the Constitution Reform and Gender Equality Bills. (PHOTO: Jenneva Russell)

It is important for the Constitutional Commission to relay to the public that a Constitution Referendum, unlike the Gaming Referendum, is binding by the government, retired Chief Justice Ruby Nottage told the audience at the recent forum hosted by the Grand Bahama Alumnae Chapter of Delta Sigma Theta Sorority.

During the event held at the Kevin G. Tomlinson Academy, Co-chair of the Constitutional Commission, Nottage, shared that over the past two years of educating the masses on the proposed amendments of the Gender Equality, many have expressed apprehension on voting due to the last Gaming Bill Referendum, which was held on January 28, 2013.

While the Bahamian consensus voted ‘No’ to the referendum on legalizing web shops and establishing a National Lottery, web shops remain open throughout the Commonwealth.

“We have come against some real caution or distrust because of a previous referendum. This was the referendum held on the gaming question.

“A lot of our persons say to us that they are not going to go out and vote because the last time a referendum was held, the majority of the people voted ‘No,’ but the government said, ‘Yes.’

“So, we don’t trust them, point blank. We have to discuss with them what a Constitutional Referendum is, in order to assure them that a Constitutional Referendum is binding,” said Nottage, “It is part of the legal process that is mandated by the Constitution. It cannot be changed, meaning the government cannot change the result.

“Because, according to the Constitution, this is a process and the process demands that the Constitutional Referendum result be obeyed; it binds the government.

“The 2002 Constitutional Referendum bound the government; so with this one. Your vote is going to be extremely important, because it is the third section of the process. The process began in 2014, but the Bills were actually tabled in Parliament in July/August, 2014. A year and three months went by before they actually came up for debate, this year, in March; therefore, they still bear the year 2014,” explained Nottage.

She added that in March, of this year, the first step of the process began. “The process is mandated by Article 54 of the Constitution, which says that any Amendment to the Constitution must first begin with a Bill that states exactly what you want to do, what is the provision on the Sections and what is the Amendment that you wish to be made in the Constitution.

“Each of the four Bills will address certain provisions in the Constitution and it will say why they want to amend it and what its the proposed objective.”

Additionally, she informed that each Bill amendment in question would afford eligible voters the right to confirm whether they agree or disagree with the proposals individually.

“Parliament had to debate on each Bill, the wording of each of the questions that you will see on the ballot. No one else will have the opportunity to change those questions; they are a matter of the legislative process. The legislation started in the House of Assembly, the four Bills were presented and debated and in March they were passed in the HOA with more than the requisite three quarters.

“It went on to the Senate, the second stage where they passed unanimously. The third stage of a Constitutional Referendum is that which we are in now; that is the referral of the four Bills to the people. The Bills are referred to us, and we are then asked to vote, yes or no to the questions on each Bill.

“The Constitution is our supreme law, which means it is the highest law in the land, all other laws made by Parliament are subject to the Constitution. If any law made by Parliament is inconsistent with the Constitution, the Constitution says, in Article 2, that those laws made by Parliament to the extent of their inconsistencies, will be void.”

She advised the participants that The Bahamas is a constitutional democracy, one in which Parliament does not reign supreme.

“Parliament is subject to the constitution. It is important that we know that the changes we are proposing have to come to us, the people, because we are living in a Constitutional democracy.

“The Constitution is like a social contract between the state and its people. It is there to protect us in our rights and freedoms,” stated Nottage.

By Jaimie Smith, News Reporter

Source: Freeport News