ST. JOHN’S, Antigua, CMC -The Speaker of the Antigua and Barbuda Parliament, Sir Gerald Watt, says he cannot accept the letter of resignation of opposition legislator Kelvin ‘Shugy’ Simon because legislators “can only resign under laws and procedures contained in the relevant legislation.”
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.
“After careful consideration and prayers, I have submitted my letter of resignation to the Speaker of the House, Sir Gerald Watt, KC, informing him of my decision to vacate the seat in Parliament so that a by-election can be held within the next 120 days, as the law mandates,” Simon 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 matter is due to be heard by the Court 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.
“Whoever loses the case will appeal to the Eastern Caribbean Court of Appeal. This will delay the outcome even further, as the appeal will have to be heard and a decision given,” he said, accusing the ABLP of using the courts “to circumvent the people’s will.
In his three-page letter, which was copied to Prime Minister Browne, Attorney General Steadroy Benjamin, and Opposition Leader Jamale Pringle, the Speaker wrote that he had referred to a similar situation 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 that a careful reading of that section of the constitution “indicates clearly that it provides the mechanisms by which persons resigning from appointed or elected offices may resign and indicates to whom the letters of resignation ought to be addressed, no more, no less.
“Nowhere does the section establish any right of resignation in respect of any person appointed or elected to any office,” he said, adding that further, the particular section of the constitution “cannot be read or interpreted in isolation” and must be read with other areas “which deals specifically with the vacating of your seat in the House of Representatives.”
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 aid section 41 (1) (e),” The Speaker wrote, adding that he expects Simon to continue to be the sitting Member for St. Mary’s South.
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