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Sir Gerald Watt Should Resign

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By Charlesworth Tabor

On the 7th June, 2023 the Member of Parliament for the St. Mary’s South constituency, Kelvin Simon, wrote a letter to the Speaker of the House Sir Gerald Watt, KCN, KC declaring his intention to resign from Parliament pursuant to section 125 (1) (b) of the Constitution.

This simple and straight forward act by Mr. Simon as mandated by the Constitution has generated a furore of debate in the society, particulatly because of the weird and nonsensical interpretation by the Speaker of sections 41 and 125 of the Constitution.

Section 41 deals with Tenure and section 125 deals with Resignation. Tenure implies the period of which a member may hold his seat.

The section makes it crystal clear that a member’s seat in the House shall be vacated (a) at the next dissolution of Parliamanet after the member has been elected; (b) if he ceases to be a citizen; (c) if he is absent from the sittings of the House for such period or periods and in such circumstances as may be prescribed in the rules of procedure of the House; (d) subject to the provisions of subsection (2) of this section, if any circumstances arise that, if he were not a member of the House, would cause him to be disqualified from election as such by virtue of section 39 (1) of this Constitution; and (e) if, having been elected to the House by virtue of being a member of a political party, he resgns his party whip and withdraws his allegiance from the party: Provided that he shall not be required to vacate his seat so long as he remains an independent member of the House.

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Now, firstly I shall comment on section 41 (1) (e) to show how misguided, unfounded and irrational the Speakers’s position is since he grounded his refusal (which he has no authority to do) to accept Mr. Simon’s resignation on the basis of section 41 (1) (e) of the Constitution.

In this regard, the question that the Speaker should address his mind to is this: Is Mr. Simon resigning his party whip and wirhdrawing his allegiance from the United Progressive Party (UPP).

The answer is a resounding NO. Sir Gerald Watt, Mr. Simon is still a member of the UPP and will be running in the by-election in the St. Mary’s South constituency on the UPP’s ticket.

My dear Sir that point alone shows how flawed your reasoning and interpretation of the Constitution is.

Secondly, the other conditions of section 41 (1) are what I choose to call “Conditions Precedent” or “Supervening Conditions” and by that I mean they are conditions that when they arise a member of the House SHALL vacate his seat.

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For example and for your understanding Sir Gerald, if the Honourable  Chet Greene becomes an American citizen next week, pursuant to section 41 (1) (b) of the Constitution he SHALL (not MAY) vacate his seat in the House.

I will turn now to the position of the Speaker of juxtaposing and conflating sections 41 and 125 of the Constitution to arrive at his astonishing interpretation of section 125.

This position was also advanced by Senior Counsel Anthony Astaphan on Pointe FM and also attorney Joanne Massiah on Observer’s show The Big Issues.

Sad to say, they too are just as misguided as the Speaker in their interpretation of the sections.

Now my dear readers, the Antigua and Barbuda Constitution is a document of over a hundred pages and in it, at several places, it would indicate that one section is subject to another section.

That is the clever ploy that the Speaker is trying to employ by saying that section 125 is subject to section 41.

If the Constitution intended any juxtaposition and conflation of sections 41 and 125 it would have said so quite clearly in either section.

Both sections as presently exist in the Constitution stand alone.

Section 41 deals with TENURE and the circumstances that can trigger the end of a member’s tenure in the House and section 125 deals with RESIGNATION and how it should be conducted procedurally.

Moreover, a member of the House can resign at any time for whatever reason (which cannot be questioned) and not just for the four reasons of death, expulsion, disqualification or the dissolution of Parliament as the Speaker has argued obtains in England.

If the Speaker is correct in that view, how then would he explain the recent resignation of the former British Prime Minister, Boris Johnson from the House.

Again, all this goes to underscore my point of how misguided and out of touch the Speaker is with reality.

I have watched and listened to the interview of the Speaker with Mr. Kieron Murdoch and the Speaker has struggled and struggled and struggled in that interview to make sense of his position and at the end of it, he has only compounded his nonsensical interpretation of the Constitution which puts him in an even worse light.

Finally, I would like to say to the Speaker that the Constitution is quite clear at sections 41 and 125 and needs no aid in interpretation, so for you to be looking at what obtains in other countries and also to Erskine May is not only unnecessary but ridiculous. That is why a Constitution is the Supreme Law in every country that has a Constitution. I hope Sir Gerald is not still of the view that the Constitution can go to hell.

Please Sir, do the right thing and resign pursuant to section 125 (1) (a) of the Constitution and note that your resignation should be addressed to the House and not to you as the Speaker as in the case of Mr. Kelvin Simon.

As if this fair land of ours is not mired in enough constitutional nonsense, the Speaker can plunge it into further constitutional conundrum by not accepting the resignation of Mr. Simon and obviating the constitutionally required by-election.

Although I am not a praying person, I ask God to have mercy on Antigua and Barbuda for the stupidity that prevails in this country.

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One response to “Sir Gerald Watt Should Resign”

  1. I am in TOTAL AGREEMENT with the Writer of THIS ARTICLE.

    For Our Parliament to have A Person of THIS Mentality as SPEAKER OF THE HOUSE Spells TROUBLE!!

    The Speaker is PROBABLY the Oldest Person being Paid from Our Tax Payers Monies!! For THIS Nonsense that is being spouted by the Speaker of the House of Representatives, We The TAXPAYERS of ANU/BAR Must State Categorically: “The Speaker MUST GO!!!!” Peace! 🌻😇

REQUEST FOR EXPRESSIONS OF INTEREST

(CONSULTING SERVICES – INDIVIDUAL SELECTION)

 

OECS MSME Guarantee Facility Project

Loan No.: IDA-62670, IDA-62660, IDA-62640, IBRD-88830, IDA-62650

Assignment Title: Senior Operating Officer (SOO)

Reference No. KN-ECPCGC-207852-CS-INDV

 

The Governments of Antigua and Barbuda, Commonwealth of Dominica, Grenada, St. Lucia and St. Vincent and the Grenadines have received financing in the amount of US$10 million equivalent from the World Bank towards the cost of establishing a partial credit guarantee scheme, and they intend to apply part of the proceeds to payments for goods, and consulting services to be procured under this project. 

The consultant will serve as the “Senior Operating Officer (SOO)” for the ECPCGC and should possess extensive knowledge of MSME lending with some direct experience lending to Micro, small and medium-sized businesses, knowledge of the internal control processes necessary for a lending operation and the ability to design and implement risk mitigation procedures. The ideal candidate should possess an Undergraduate Degree from a reputable college or university, preferably in Business, Accounting, Banking or related field, with a minimum of 5 years’ experience in lending, inclusive of MSME lending. The initial employment period will be for two years on a contractual basis. Renewal of the contract will be subject to a performance evaluation at the end of the contractual period. The assignment is expected to begin on September 30th, 2021.  The consultant will report directly to the Chief Executive Officer of the ECPCGC.

The detailed Terms of Reference (TOR) for the assignment can be viewed by following the attached link below. 

 

https://bit.ly/3iVannm

 

The Eastern Caribbean Partial Credit Guarantee Corporation (ECPCGC) now invites eligible “Consultants” to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating that they have:

  • An Undergraduate Degree from a reputable college or university, preferably in Business, Finance, Banking or related field; and
  • Minimum of 5 years’ experience in MSME lending. Applicants should also have:
  • The ability to design and implement risk management procedures 
  • Extensive knowledge of MSME lending with some direct experience lending to small and medium-sized businesses
  • Extensive knowledge of MSME banking operations
  • Knowledge of the internal controls necessary for a lending operation and the ability to design and implement risk management procedures
  • Experience developing and presenting information in public, including responding to questions in real-time
  • Experience lending to MSMEs located in the ECCU
  • Knowledge of marketing and communicating with the MSME sector
  • Ability to draft procedures to be used in a lending operation
  • Familiarity with the mechanics of a loan guarantee program
  • Exceptional written, oral, interpersonal, and presentation skills, and
  • Proficiency in the use of Microsoft Office suite.

The attention of interested Individual Consultants is drawn to Section III, Paragraphs 3.14, 3.16, and 3.17 of the World Bank’s Procurement Regulations for IPF Borrowers July 2016, [revised November 2017] (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest. A Consultant will be selected in accordance with the Approved Selection Method for Individual Consultants set out in the clause 7.34 of the World Bank Procurement Regulations for IPF Borrowers. 

 

Further information can be obtained at the address below during office hours 0800 to 1700 hours:

Eastern Caribbean Partial Credit Guarantee Corporation

Brid Rock, Basseterre,

St. Kitts.

Expressions of interest must be delivered in a written form by e-mail by August 11th, 2021, to [email protected]

 

For further information, please contact:

Carmen Gomez-Trigg                                                            Bernard Thomas

Chief Executive Officer                                                          Chief Financial Officer

Tel: 868-620-8144                                                                  Tel: 869-765-2385

Email: [email protected]                                          [email protected]