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My Take on SLPP Constitution Issue
By Mohamed A. Sheriff Chief Patron & Member Young Generation
Oct 5, 2009, 14:26
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Having read the first flash on the potential show down between Mr. John O. Benjamin, Chairman SLPP and Dr. Kadie Sesay, Deputy Chair SLPP and Dr. Abass Bundu one of the most respectable members of the party, one may like to share the some thoughts on the issue.


To build may have to be a slow and laborious task of years - To destroy can be a thoughtless act of a single day Sir. Winston Churchill


Having read through the opening arguments presented by both parties, I am under the impression that the whole issue hinges on trust.


i.   Dr. Kadie Sesay mentioned two key points, that the process the new constitution was supposedly adopted was flawed, mistakes and/or errors. An expectation is long being engendered that Article 4. et la in the 2009 constitution contravenes itself.  It is clear that new constitution is discriminatory in nature and it effectively holds the spirit of the letter bondage; and therefore, the question one may ask is, is it a calculated mistake or what?
ii.  The inability for the National Executive to make its position clear in time has lead to this; it has also created a situation of reasonable suspicion.  Although legal minds have always said communis error facit jus (common mistake sometimes makes law) but in our case it has brought about conflict and mistrust.
iii. Both the flaw in the constitution and errors points out to recklessness as criminal lawyers will say, this shows the deficiency in the duty of care. In order to establish the basic facts as they really are in the matter, let us examine  the chain of causation did all the delegates and aspirants have an informed knowledge of the constitution and its ramification? whatever the answer maybe, to procure consent fraudulently vitiates consent itself submission does not constitute consent in a rape case

iv. It is also true that, aliquis non debet esse judex in propria causa quia non potest esse judex et pars (No man ought to be a judge in his own cause, because he cannot act as a judge and at the same time be a party)   The Due process respects the principle of locus standi (the right to be heard in a court or proceedings) but why go down this route when our unity is at stakes here.


I firmly believe that ubi jus ibi remedium (where there is a right, there is a remedy) and if a will begin with uncertainties he shall end in doubt; but if he will content to begin with doubts, he shall end in certainties. (Francis Bacon)


But certainly we cannot run a government based on mistrust, doubts and suspicion, and this will play into the hands of those who do not mean well for us; we have to rise above this and look forward, ambitions are often wrapped up with emotions. Therefore let us have a reasonable understanding of the whole situation.


This party can boast of over fifty sound lawyers and respectable elders, I would submit that we consider (ADR) alternative depute resolution method with an element of inquisition.


v.  Should this approach be used in utmost good faith the general membership will be saved from crises, this is one of the several steps that will determine our strength of unity as people with one destiny.


As flawed as the constitution might be and full of errors, but I stand to differ on both the issue of the courts and snap convention, basically because it will act as a magnet and open floodgate to so many controversial issues and the financial burde
n the party has to carry at this time.

As we enter into a new year, these are not the kinds of signals we should be sending out to the electorate.


vi.        This is the time as a party to leave behind those old tricks, labeling people as small boys and so-called new comers and playing the politics of appeasement for certain people.  Every person who has served this party at any point in time must be respected and shown the sense of belonging; therefore, those suspicions and doubt casted at people must stop.

As we enter into a new year, these are not the kinds of signals we should be sending out to the electorate.

vi.        This is the time as a party to leave behind those old tricks, labeling people as small boys and so-called new comers and playing the politics of appeasement for certain people.  Every person who has served this party at any point in time must be respected and shown the sense of belonging; therefore, those suspicions and doubt casted at people must stop.

vii.       Public interest must be weighed against personal, and constructive silence may be construed as concealment, by any means possible, information must flow in time;  Ignorantia eorum quae quis scire tenetur non excusat (ignorance of those things which everyone is bound to know does not constitute an excuse)

viii.      Constitutional crises always shows internal power struggle and signs of weakness in any political party, and it is always important to consider the consequences of our actions. 

ix.  The strength of a mans character lies in his ability to hold his emotions, so that posterity will judge him as being on the right side of history.
 

ix.  The strength of a mans character lies in his ability to hold his emotions, so that posterity will judge him as being on the right side of history.


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