Government amends SoE regulations

GOVERNMENT has amended the State of Emergency regulations, 2024, removing references to “public order” following a constitutional challenge by social activist Vishal Persad.

The Emergency Powers (Amendment) (No 2) Regulations, 2025, was signed by President Christine Kangaloo on March 21.

It eliminates the phrase “public order” from regulations 12(a), 14(1), and paragraph 2(1) of the Schedule.

Persad, represented by attorneys Kiel Taklalsingh, Kristy Mohan, and Keron Ramkhalwhan, had argued that the “public order” provisions were overly broad and unconstitutional, raising concerns that they could be used to suppress freedoms of speech, assembly, and political expression. His legal team contended that neither the President’s statement nor parliamentary debates cited public order as a justification for the state of emergency (SoE).

At a February 10 hearing, attorneys for the State told Justice Westmin James that the Attorney General would present the recommendation to Cabinet. After the announcement, Persad’s attorneys indicated they would withdraw their constitutional challenge.

“This action was necessary,” Taklalsingh said, noting that during a state of emergency, access to the courts is limited. He acknowledged the government’s concession, stating, “The use of ‘public order’ in the regulations threatened free speech, which is particularly important in an election year.”

The amendment followed a similar government decision in January to revoke Regulation 11, which had introduced a gun amnesty. That revocation came after a legal threat from attorney Dayadai Harripaul, who challenged the provision granting immunity from prosecution for individuals surrendering firearms, ammunition, or explosives.

Prime Minister Stuart Young confirmed on Thursday that the latest regulatory changes were imminent. “Today, the Cabinet confirmed and approved that, and the regulations would be sent out over the next 24 hours,” he said.

The SoE, which began on December 30, ends on March 30.