1. A Civil Servant participated in some demonstrations held
against Corruption in the Government in Antigua and Barbuda in 1990.
2. The Public Service Commission under Public Service
Commission Regulations, 1967 and Section 10 (2) (a) of the Civil Service Act,
interdicted the Civil Servant from his Office.
3. Section 10(2) (a) states that:
“A civil servant may not in any public place or in any
document or any other medium of communication whether within Antigua and
Barbuda or not, publish any information or expressions of opinion on matters of
national or international political controversy.”
4. The matter came up before the Court. The Court held that
Section 10 (2) (a) of the Civil Service Act was unconstitutional. It took the
view that it had not been demonstrated that section 10(2) fell within the
permissible limits prescribed by the Constitution.
5. The Government took the matter to the Court of Appeal and
that court allowed the appeal of the Government.
6. The matter came up before the Lords of the Judicial
Committee of the Privy Council.
Questions of Law Involved
1. What is the constitutional validity of section 10(2) (a)
of the Civil Service Act of 1984?
2. Whether the interdiction and the intended disciplinary
proceedings impose restrictions on the appellant which are reasonably required
for the proper performance of his functions and whether they are reasonably justifiable
in a democratic society?
Provisions of Law Involved
Section 12(4) of the Civil Service Act provides that:
“Nothing contained in or done under the authority of any law
shall be held to be inconsistent with or in contravention of this section to
the extent that the law in question makes provision that imposes restrictions
upon public officers that are reasonably required for the proper performance of
their functions; and except so far as that provision or, as the case may be,
the thing done under the authority thereof is shown not to be reasonably
justifiable in a democratic society.”
Section 2 of the Constitution of Antigua and Barbuda
provides that the Constitution is to prevail over any other law if such law
is inconsistent with it, and that such other law shall to the extent of the
inconsistency be void.
To Be Continued....
To Be Continued....
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