Court ruling strengthens PLP, says former attorney-general
A Supreme Court ruling in a legal dispute affecting the Progressive Labour Party will “further democratise” internal systems, a political scientist said yesterday.
Phil Perinchief, who served as the island’s top lawyer between 2006 and 2007 under a PLP government, also said he expects David Burt to continue as Premier until the party holds its next annual general conference.
The Supreme Court ruled last week largely in favour of plaintiffs including Curtis Dickinson, who is challenging Jason Hayward, the Minister of Economy and Labour, for leadership of the governing party.
A copy of a civil ruling from the Supreme Court, seen by The Royal Gazette, was issued by Puisne Judge Shade Subair Williams. It had not been officially published by press time.
Mr Perinchief said: “The ruling must be seen as a blessing in disguise for the PLP, and indeed the country at large, as a direct result of the findings of the court.
“The ruling should be used as a teachable moment for both the PLP and the One Bermuda Alliance.
“Both of these organisations are top-down-driven organisations; both need to be democratised and decentralised across the board.
“They need to give more power to the people and, in this case, the membership.”
He suggested that the PLP create an independent dispute resolutions tribunal to “spare itself more trips to the courts”.
Mr Perinchief said the democratisation process would have a “knock-on effect” on other organisations across the island.
The case concerned two proposed amendments: one which moved that people who publicly campaigned against the party in the past two elections be prevented from automatically becoming members, and another which proposed that only those who were members for at least a year be permitted to vote for the party leader in the delegates’ conference.
A PLP Central Committee meeting passed the amendments on August 24.
Mrs Justice Subair Williams concluded that both the proposed amendments were invalid and, according to the PLP constitution, unlawful, as they would need to be approved by two thirds of the delegates present at an annual general conference or special delegates conference.
In her ruling, Mrs Justice Williams said: “Strife is further marked by a divergence of views between the parties as to the scope of the party’s powers to alter or otherwise interfere with the contractual rights of persons who became or were entitled to become members on or between 1 September, 2025 and 31 August, 2026.”
Mr Perinchief said that based on his understanding of the ruling, the amendments moved by the Central Committee in August were “unconstitutional” under the Bermuda Constitution Order 1968.
He said: “So this was because it was a violation of the rights of the new members.
“They [the Central Committee] didn’t just violate the PLP’s constitution; arguably, they also violated the Bermuda Constitution, which is the mother of all constitutions in this country.
“So the argument now is that they can’t pass the motions through any organ, special delegates conference or annual general conference because they would be a violation of the fundamental rights, contractual rights of the new members.”
He said the party can put forward a motion regarding its membership next year, but it has to be worded to have no impact on people who became members before August 31, 2026.
On the options available to the party on the holding of its leadership contest, Mr Perinchief said that given the postponement of the PLP’s general conference, there is a 15-month timeline from the last conference, held in October 2025, within which the leadership shall be elected.
The party was scheduled to have its 61st AGC from October 28 to 30, when a replacement for Mr Burt would be voted in, but was delayed owing to the court proceedings.
According to Clause 6 of the PLP’s constitution, the event can be set aside “provided also that any such postponed AGC shall not be postponed to a date later than 15 months after the holding of the last preceding AGC”.
Mr Perinchief said, given the postponement, the party’s next conference should be held by the end of January.
He said while he expects Mr Burt to continue as leader and Premier, in the event he resigns, the party would have to hold a joint session of the general conference delegates and its MPs within 30 days to elect a replacement.
That would be in keeping with its constitution, he added.
Mr Perinchief said: “The only reason I point out the joint session is because those are the options open to the PLP.
“I am likely to hear him [Mr Burt] say now that he’s going to hold over until after the AGC has been reconvened — that’s what I expect him to say.”
