Government Resolves Long-Running De Freitas Constitutional Case

EDITOR
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The Government of Antigua and Barbuda has announced the amicable settlement of a long-running legal dispute involving former public officer Elloy De Freitas.

The case, widely known as De Freitas v Permanent Secretary of the Ministry of Agriculture, Fisheries, Lands and Housing, dates back to 1990.

Mr. De Freitas, who was employed as an Extension Officer in the Ministry of Agriculture, participated in demonstrations raising concerns about alleged government corruption following a national commission of inquiry.

Subsequent disciplinary actions taken under provisions of the Civil Service Act prompted a constitutional challenge.

The matter eventually reached the Judicial Committee of the Privy Council, which ruled that restrictions placed on civil servants were overly broad and inconsistent with constitutional protections of freedom of expression.

The judgment became a landmark decision in Commonwealth Caribbean jurisprudence and established an important proportionality test used when assessing whether limitations on constitutional rights are justified in a democratic society.

The administration of Prime Minister Gaston Browne confirmed that the matter has now been resolved through a mutually agreed settlement, including the payment of legal costs.

Officials say the settlement brings closure to nearly three decades of litigation and reflects the government’s commitment to fairness, reconciliation and respect for the rule of law.

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