ST. JOHN’S, Antigua, CMC – Opposition legislator Kelvin ‘Shugy’ Simon Wednesday called on the Speaker of Parliament, Sir Gerald Watt, to reconsider his decision not to accept his resignation because legislators “can only resign under laws and procedures contained in the relevant legislation.”
In a hand-delivered letter to the Speaker, the parliamentary representative for St. Mary’s South seat said he had been advised that his original letter of resignation as a legislator addressed to the Speaker was in order and took effect upon receipt by Sir Gerald.
He wrote that he believes the section of the Constitution Sir Gerald cited in claiming the proper procedure needed to be followed does not apply.
Last Wednesday, Simon submitted his resignation letter to the Speaker, saying he will contest a by-election to thwart efforts by the ruling Antigua and Barbuda Labour Party (ABLP) to challenge his victory at the general election earlier this year.
But in a three-page letter, which was copied to Prime Minister Gaston Browne, Attorney General Steadroy Benjamin, and Opposition Leader Jamale Pringle, the Speaker wrote that he had referred to similar situations in the parliaments of the United Kingdom and Canada.
The Speaker said that he had noted that the opposition legislator’s letter “fails to indicate that you have taken the necessary steps as mandated by Section 41 (1) (e) and as a consequence is constitutionally deficient, a nullity and of no legal effect”.
The Speaker also referred to another section of the constitution that states, “Any person appointed or elected to any office established by this Constitution may resign from that office by writing under his hand addressed to the person or authority by whom he was appointed or elected.”
Sir Gerald said in arriving at his decision, he had considered the legislation in both the United Kingdom and the Canadian parliaments and the fact “that the Standing Orders of our House of Representatives do not provide for resignation from the House under any circumstances.
“The authorities clearly show that the resignation of Members of Parliament can only resign under laws and procedures contained in the relevant legislation,” Sir Gerald said, adding that based on these reasons, “I am of the considered view that your letter of resignation does not conform to section 41 (1) (e) of the Constitution and therefore cannot be accepted.
“However, there is nothing to prevent you from resubmitting a letter of resignation that confirms with the said section 41 (1) (e),” The Speaker wrote, adding that he expects Simon to continue to be the sitting Member for St. Mary’s South.
But in his letter, Simon suggests that the Speaker is erroneously imposing a political requirement to withdraw his allegiance from the UPP to quit the Parliament officially.
“I am advised that I have acted lawfully and fulfilled the requirements,” the 43-year-old legislator said.
Prime Minister Gaston Browne had led the ABLP to a nail-biting victory in the January 18 general elections, winning nine of the 17 seats for a third consecutive term in office.
Simon was among the seven members of the main opposition United Progressive Party (UPP) that won election seats. Still, his victory over the incumbent Samantha Marshall by 199 votes for the St. Mary’s South seat has been challenged because he was a public servant when he was nominated.
Simon said that the Court will hear the matter during the first week of July, “and while my lawyers believe in the strength of my case, the outcome is entirely in the hands of the trial judge.”
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