The Constitutional Abuse of Power in Saint Vincent and the Grenadines
In a scathing letter addressed to national media houses, Leader of the Opposition Ralph E. Gonsalves has warned of a “grave and unfolding threat” to the country’s democratic foundations. The alarm follows the government’s sudden move to table a retroactive constitutional amendment that Gonsalves claims is designed to interfere with ongoing judicial proceedings.
The controversy stems from the 2025 General Elections, after which election petitions were filed challenging the eligibility of Dr. Godwin L. Friday and Mr. D. Fitzgerald Bramble to serve in Parliament. These legal challenges center on Section 26 of the Constitution, which prohibits individuals who have sworn allegiance to a foreign power from being nominated or elected.
While the government initially dismissed these petitions as “frivolous,” Gonsalves highlights that they have now taken the unprecedented step of attempting to alter the law in the midst of active litigation.
According to the Opposition Leader, the government’s approach marks a radical departure from established parliamentary and constitutional norms. He notes that the proposed amendment was introduced:
- With only one week’s notice.
- Without any consultation with the public or the parliamentary opposition.
- Without an official explanation from the Prime Minister or the Attorney General.
Gonsalves argues that while Parliament has the power to amend the Constitution, such power must be used prospectively and for general purposes, rather than to resolve a specific, pending dispute before the courts. He asserts that by attempting to pre-empt a judicial ruling, the government is “effectively dictating the outcome of proceedings properly before the judiciary”.
The letter outlines several “serious concerns” regarding the integrity of the nation’s legal system, including the principle that laws should not operate retroactively to strip away or affect accrued rights. Gonsalves maintains that election petitions are a “cornerstone of electoral fairness” and that changing the rules after an election undermines public confidence in the entire process.
“No responsible democracy should permit the Constitution to be amended in a manner that appears designed to shield individuals from judicial scrutiny in an ongoing case,” Gonsalves wrote. He further emphasized that while constitutional power is broad, it is not absolute and must respect the separation of powers.
Characterizing the situation as a non-partisan “appeal to principle,” Gonsalves urged the media to use its platform to affirm the importance of constitutional restraint. He warned that if this move goes unchallenged, it could set a dangerous precedent allowing future governments to revise the Constitution for “personal gain or protection” without public input.
Closing his appeal with a quote from Dr. Martin Luther King Jr., Gonsalves called on the government to reconsider its course and allow the Court to determine the eligibility of the challenged members based on the law as it stood at the time of the election.
As of April 19, 2026, the government has yet to issue a formal response to the Opposition Leader’s letter.