CASTRIES, St. Lucia, CMC – Opposition Leader Allen Chastanet, has written to the Attorney General, Leslie Mondesir, seeking clarification and possibly even a Court of Appeal interpretation regarding the appointment of a Deputy Speaker to the St. Lucia Parliament.
Earlier this month, Jeremiah Norbert resigned as Deputy Speaker to assume the position of Minister responsible for Crime Prevention and Persons with Disabilities. Norbert also assumed the position of Minister for Crime Prevention amidst a surge in gun-related crimes here. He also acts as the Minister of the Public Service, Labour, and Gender Affairs while the incumbent, Virginia Albert-Poyotte, is on medical leave.
In his March 1 letter, a copy of which has been seen by the Caribbean Media Corporation (CMC), Chastanet wrote that at a recent sitting of the Parliament, the Government amended the Constitution to require that when the office of Deputy Speaker becomes vacant, a new Deputy Speaker must be appointed, “immediately or no later than the following sitting of the House.”
He said that in a statement issued by the Office of the Prime Minister, he reiterated that Section 36 of the Constitution was amended to allow a person not a member of the House to be elected to the position of Deputy Speaker.
“We have been advised that the amendment to Section 36 only is insufficient to permit the Government to fill the vacancy in the Office of the Deputy Speaker in the manner it proposes to.
“We are advised that Section 30 of the Constitution, the Supreme law of the land, MUST also be amended to allow for the appointment of a person who is not a member of the House to be recognized as a Member,” Chastanet wrote.
He said Section 30 makes provisions for a nonmember selected/elected to be appointed to the offices of Attorney General and Speaker and, accordingly, become a Member of the House.
“However, Section 30 was never amended to permit such appointment to the position of Deputy Speaker,” Chastanet wrote.
“If our assessment is correct and the House must have a Deputy Speaker and…that the Government intends to elect a nonmember of the House as Deputy Speaker and Section 30 is not amended as required by law, then we humbly submit that the House will not be properly constituted and will be unconstitutional.
“Given the imminent upcoming Budget and additional borrowings agenda which will require the attention of the House, this unresolved issue could create a legal quagmire and interrupt the operations and business of Government,” the former prime Minister wrote in his letter.
She said that if the Attorney General agrees with his observation and the Government persists in its desire to select a nonmember of the HouseHouse as the Deputy Speaker, Section 30 must be amended.
“This will require a two-thirds majority in both Houses AND a referendum. Should you not agree or your office cannot provide a satisfactory legal interpretation of the issue….and the Government proceeds to appoint a nonmember as the Deputy Speaker, I reserve the right. I will challenge the constitutionality of Parliament in conducting its business and in the intended appointment.
“Out of an abundance of caution and to avoid this unnecessary uncertainty, the Attorney General has the authority to request a constitutional interpretation from the Court of Appeal.”
Chastanet said, “This is a matter of great public and constitutional importance, which warrants your highest consideration.
“The public must be assured that the law-making body and the Government are seen to abide by the law of the land and not political expedience. Therefore, I seek your urgent response and appeal to your good office for a full and fair consideration of the matter. Should your legal opinion differ from that stated above, I seek your reference of the matter to the Court of Appeal for its opinion,” he wrote in his letter.
Parliament is due to meet on Tuesday, at which point the Government is expected to announce its choice for the position of Deputy Speaker.
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