High Court Strikes Down Regulation Prohibiting Public Officers Participating in Politics

In a landmark ruling, the Barbados High Court has struck down the provision in the general orders of the public service prohibiting public officers from participating in politics.

The ruling results from a suit filed by Natalie Murray, a social worker in the Ministry of People Empowerment and Elder Affairs.

The Attorney General was named as the defendant in the suit brought by Ms. Murray who was represented by a team of lawyers headed by government Senator Gregory Nicholls.

The matter was heard before acting High Court judge Justice Westmin James.

Ms. Murray brought the action for constitutional relief because of certain disciplinary actions being contemplated against her by the Public Service due to her speaking on the Barbados Labour Party platform during the last elections.

She challenged the constitutionality of the provision in the General Orders that forbid public officers and employees in Barbados from participating actively in politics.

Ms. Murray contended that it was a breach of her constitutional rights to freedom of expression and freedom of association under Sections 20 and 21 of the Constitution of Barbados respectively.

By a letter dated 8th March 2022 the Permanent Secretary of the Ministry of People Empowerment & Elder Affairs informed the Claimant that a disciplinary report was submitted regarding her appearance as a speaker on the political platform of the Barbados Labour Party (“BLP”) on 6th and 16th January 2022.

However the court ruled that the provision in the General Orders was unconstitutional and inconsistent with both the right to freedom of expression under section 20 and the right to freedom of association under section 21 of the Constitution of Barbados.

The court also ruled that the Regulation is not reasonably required for the proper performance of public officer’s functions and is overly broad, disproportionate and cannot be reasonably justified in a free and democratic society.

The High Court ordered that any disciplinary proceedings brought against Ms. Murray be permanently stayed and ordered that costs resulting from the suit be assessed if not agreed.

Ms. Murray tells Starcom Network News she is pleased with the ruling.