TNN News has examined the constitution of the Progressive Labour Party following Monday night’s contentious Central Committee meeting at the party’s headquarters on Court Street, where a resolution was brought forward that would restrict the political participation of newly joined members.
The proposed move would prevent new PLP members from serving as delegates or holding elected positions within the party for one year.
However, constitutional lawyer Phil Perinchief says the decision, as described, is unconstitutional and has no legal effect under the PLP’s own constitution.
Perinchief pointed to Article 4, Section A, dealing with party membership, which states that general membership is open to all persons aged 18 or older.
He said the provision makes no distinction based on a person’s previous political affiliation or imposes a waiting period after becoming a member.
“It says all persons,” Perinchief explained. “So whether or not you’re a former OBA, UBP, PLP, matters not.”
He said any attempt to impose additional restrictions on the rights of members would effectively amount to an amendment to the party’s constitution.
Perinchief referred to Article 10, which sets out the procedure for constitutional amendments. He said amendments must be dealt with at an Annual General Conference or Special Delegates Conference, with proposed amendments submitted through the proper process at least 21 days before the conference.
He said the Central Committee cannot simply introduce a lower-level rule that changes rights established by the constitution.
“If you say that you will have members who become general members under Article 4A, and then you attach a proviso or caveat which says, however, they will be suspended in terms of them being able to either vote or become members who can vote for a delegate to become eligible to appear or attend at the Annual General Conference, then you are creating a two-tier system,” Perinchief said.
He added that such a system would be created without the constitutional amendment required to establish it.
“So basically what was stated Monday night — that new members can’t be a delegate or even any elective office for a year — that is, bottom line, unconstitutional,” Perinchief said.
“Unconstitutional and therefore null and void in law and effect.”
Perinchief also pointed to Article 6, which deals with the Annual General Conference and establishes it as the supreme authority governing the party.
He emphasized that the constitution states the Annual General Conference “shall be the supreme authority” for the governance of the PLP.
According to Perinchief, unless the Annual General Conference follows the required constitutional procedure, including the necessary two-thirds majority where applicable, a decision by a lower organ of the party cannot override or alter constitutional provisions.
He said the issue should therefore be revisited by the party.
“What ought to be done — and I don’t know what they’ll do — is that that issue ought to be revisited,” Perinchief said. “I think the membership at large, if not those who are members of the Central Committee, ought to revisit that, put it back to the floor to rescind it.”
The dispute now raises a fundamental question for the PLP: Can the Central Committee impose a one-year restriction on newly admitted members without first amending the party’s constitution through the Annual General Conference process?
Perinchief’s legal interpretation is clear: if the resolution changes rights already granted under the constitution, then the required constitutional process must be followed.
Otherwise, he says, the decision is “null and void.”
TNN News will continue to follow developments surrounding the PLP’s upcoming delegates conference and the growing controversy over who will be eligible to participate in the leadership election.
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