The now infamous conduct of Minister Quincia Gumbs-Marie on 23rd May 2023, still commands the attention of many of Anguilla’s citizens and residents. Her violent actions, repeated use of threatening language and expletives is not what one would expect of a ‘common’ citizen, far less a person elected by the people to high office as their representative. Her conduct has been described by one young reporter as ‘deplorable.’ It is no wonder that Minister Gumbs-Marie’s conduct continues to attract the attention of so many persons.
The apparent lack of accountability for her actions on the part of Minister Gumbs-Marie, the non-action of the Premier and the Governor have all attracted comments from the citizenry of Anguilla. The absence of any meaningful information from the Royal Anguilla Police Force (RAPF) as to the progress of the investigation into the incident of 23rd May, 2023 has not served to instill confidence in the RAPF.
The Concerned Citizens of Anguilla, in their latest letter to Acting Governor Paul Chandler, dated 6th July 2023, highlighted the potential ill effects of failing to address Minister Gumbs-Marie’s well-publicized poor and potentially illegal conduct. The 10th paragraph of their letter is particularly telling. It states in part –
“We wish to caution you that establishing a two-tiered justice/democratic system in Anguilla is unacceptable. We caution that the de-prioritizing of the Minister’s egregious behavior in your response letter, can only serve to further undermine the Rule of Law, public faith and confidence in the role of law enforcement in our communities. We welcome your response as to whether any teacher, customs officer, public servant or indeed a police officer who behaved in a similar manner as the Minister, would be able to attend their job in Anguilla without any disciplinary measure while they awaited the investigation of the Police.”
The Concerned Citizens’ letter has caused some persons to question the patriotism of persons who would seek to have Anguilla’s issues resolved by a United Kingdom (UK) appointed Governor. Interestingly, many of these persons also welcome the grants made available to Anguilla by the UK Government, and the often-stringent requirements that accompany those grants. While Anguilla’s existing relationship with the UK continues, we must accept the benefits and burdens that accompany that relationship. We should strive for a lessening of the burdens that are currently associated with Anguilla’s relationship with the UK, but we must also accept that the lessening of the burdens will most likely be accompanied by a lessening of benefits for Anguilla.
The Concerned Citizen’s letter and the resulting discussions prompted a review of Anguilla’s Constitution to determine the Governor’s possible authority to hold Mrs. Gumbs-Marie to account for her actions. Section 28 of the Constitution establishes that the Governor is required to consult Executive Council in the exercise of powers conferred upon him/her except for certain specified situations in which the Governor is not obliged to consult with Executive Council or act upon its advice. Section 29 of the Constitution establishes the Governor’s reserved executive power. It states in part that –
“In any case where the Governor is required by [section 28] to consult with the Executive Council, he may act otherwise than in accordance with the advice given him by the Council if in his opinion it would be inexpedient in the interest of public order or public faith to act in accordance with that advice:”
Premier Webster has made it clear that he intends to await the outcome of the Police Investigation before determining what action, if any, should be taken in relation to Minister Gumbs-Marie’s conduct on 23rd May, 2023. Is the Governor constrained by the Premier’s position? Is it inexpedient in the interest of public order or public order for the Governor to be guided by the position adopted by the Premier? Is the Governor empowered to act and if he is, should he?
