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Is GOB Flouting Referendum Law?
posted (September 19, 2023)
We also asked the Attorney General about government's handling of the OCEANA referendum petition.

As we have reported, the deadline for the Chief elections Officer to certify or de-certify OCEANA's 22,000 signatures passed three weeks ago, and still there has been no response on it.

So is Government blatantly flouting the referendum law by just not saying anything? Jules Vasquez and the attorney general sparred over this today:

Jules Vasquez
"So why is the government flouting the referendum law when it comes in regard to Oceana's petition with 22,000 signatures? You last told the reporter you were seeking legal advice, which is caused a great concern because you are the legal advice."

Anthony Sylvester, Attorney General
"So the government is not floating the referendum law."

Jules Vasquez
"It gives no room for delay though, sir."

Anthony Sylvester, Attorney General
"But you asked the question, Allow me to respond. The government is not flouting the referendum law. Yes, so the Attorney General's Ministry is the chief legal advisor. So the Attorney General, myself, I don't necessarily sit and draft all opinions. So within the Attorney General's Ministry, there are crowns who would research and advise on these matters. I would review their advice. And if the advice is what, having regard to my own research, then based on that, then we provide the advice. But let me say this, Oceana and the government, we are in discussion."

Jules Vasquez
"The law makes no provision for legal advice. The law does not say if you don't want to do it in six weeks, seek legal advice. The law is unequivocal, sir. You are finding a shading of meaning when it suits you. But the law is absolute. It says you shall. You shall act in such a way."

Anthony Sylvester, Attorney General
"Well, this is why the government seeks my legal advice, Jules, and that's your interpretation. But respectfully..."

Jules Vasquez
"Is their equivocation in the law that it allows you to seek legal counsel? Does it say that? Does it say you have time to review by the government's lawyer?"

Anthony Sylvester, Attorney General
"What I will say is this, Oceana, lawyers for Oceana and the government, we are in discussion. We don't want to prejudice any discussion that's taking place. But I do believe that within the next week or so, the cabinet hasn't, well, today would have been cabinet, the cabinet will meet next week. I had a meeting with the lawyer for Oceana. Mrs. Jacqueline Marshalleck, senior counsel, on Friday. We'll receive some indication as it relates to a way forward, a proposal. Will in turn that will be submitted for cabinet so next week we'll be able to give some definitive answers as it relates to that."

Jules Vasquez
"But you guys are frustrating a democratic process this."

Anthony Sylvester, Attorney General
"We are not, we are not. We are having a discussion; we are having negotiations with Oceana."

Jules Vasquez
"But the law doesn't make provision for that. Either you certify the signatures or you de-certify them. Where are you all finding the room to do all of this background negotiation? I'm saying either the law is an ass or it is obeyed."

Anthony Sylvester, Attorney General
"That is that is your interpretation and respectfully we disagree, the government disagrees."

Jules Vasquez
"But I'm reading the law sir. You are reading from some other book, from the executive playbook of how we do things."

Anthony Sylvester, Attorney General
"No no no Jules, respectfully you read the law, you've interpreted the law. There are different laws at play here. And the referendum act and the People's Constitution Act. So as you will appreciate, the People's Constitution Act also speaks to our referendum. And a referendum after the whole consultation process with respect to the Constitution."

"Again, I don't want to prejudice any particular discussion or that we are having it with Oceana. but suffice it to say that there is an interplay between both the People's Constitution Act and the referendum act."

"There may be a difference of opinions as it relates to how the interplay actually operates. If indeed there is an interplay You take a firm position that there is an interplay. But yeah, but you know, so, and this is a beauty about the law, you know, the law does...."

Jules Vasquez
"This is a beauty for lawyers. This is what you all love, but you're now breaking the law to create an impression that there's space for negotiation."

Anthony Sylvester, Attorney General
"With respect, I strongly reject that and you cannot seriously be suggesting as such. But I accept and I appreciate, you know, the vigor in which, you know, you may approach this matter given your interpretation of the law. But we'll have to disagree on this matter."

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