Despite Backlash, Gov’t to Proceed with 13th Amendment

While consultations will roll out on Wednesday for the 13^th Constitutional Amendment, and while stakeholders and members of the public have opposed the move, the amendment will proceed.  In an interview with Police Minister, Kareem Musa, he spoke on the matter as a done deal, including the Gun and Gang Court.

Kareem Musa, Minister of Home Affairs: “In terms of the 13th Amendment, I’ve said it before and I’ll say it again, this is not a new legislation. This law has been in existence since the year 1993. We are merely moving it, upgrading it, so to speak, to give it an extra layer of protection in our constitution. As Deputy was able to demonstrate today in our COMPSTAT meeting in explaining the contents of this 13th Amendment. There are more safeguards now in this 13th Amendment with the declaration of special areas than there are safeguards for the state of emergency law that both administrations, ours and the previous, have been using when it comes to declaring a state of emergency. Now when you’re declaring a special area, you are going to need the approval of the entire National Security Council. not just the minister, not just the ComPol or not just the prime minister can declare a special area. And so it requires greater oversight, greater input from our security forces and the entire National Security Council before a special area can be declared. And in terms of the specialized gun and gang court, I think the time has come for that because we have seen where so many of the offenses that are happening right now across the streets of this country involve illegal firearms. And there is no fear on the part of criminals to be importing, using, shooting people recklessly and the case just a week and a half ago with an elderly mother and her handicapped son proved that very point that in fact criminals know no bounds in today’s day and age and so there is a greater need for a specialized gun and gang court and there is also a need to increase the penalty for illegal possession of firearms. So that is something that we will see moving forward and that it will also be enshrined in our Constitution, the establishment of this gun and gang court.” 

Essentially, the amendment will allow the government to declare certain areas as “special areas” for public safety and public order.  Within these designated areas, it seeks to allow for temporary limitations on residents’ rights, which could include curfews and increased vulnerability to police searches and operations.  The amendment aims to give security forces more power, allowing them to search premises, vehicles, and individuals without a warrant if they have reasonable suspicion related to illegal items or wanted persons.  Also, it will shield the government from lawsuits that might arise from actions taken under a declared state of emergency.