By Charminae George
A recent letter from Speaker of the House, Sir Gerald Watt KC, to the former St Mary’s South MP Kelvin ‘Shugy’ Simon, indicating misinterpretation of Antigua and Barbuda’s Constitution, has brought the debate on constitutional reform to the forefront once again.
Jamale Pringle, leader of the opposition United Progressive Party (UPP), has reaffirmed the party’s support for such review and reform.
“That is something that we have campaigned on. It was always our view,” he told media on Wednesday.
Pringle said previous attempts by the party to engage the government in constitutional talks had been unsuccessful.
“When there was the referendum for the CCJ, we put on the table: ‘Let us look at a holistic reform of the Constitution’, which was denied by the government,” he said.
He added that the UPP’s door is always open to bilateral talks with the government as doing so strengthens the country’s democratic system.
“We have always subjected to open discussion with whichever party is in office because we believe in strengthening our democratic system,” Pringle said.
In his letter last week, Watt indicated his intention to publish a legal opinion with the aim of it leading to public discussion and the possible reformation of section 125 of the Constitution.
Section 125 outlines the protocol for a member of the House of Representatives to submit their resignation.
His announcement was prefaced by his concern that Members of Parliament in tendering resignations could trigger a constitutional crisis. Sir Gerald said such a crisis could lead to the removal of a sitting government and the dissolution of parliament, among other fallouts.
Meanwhile, Kendrickson Kentish, one of the five attorneys who represented Simon in the election petition case, commented on the Speaker’s reference to the Constitution in England and Wales, and Canada. This was in regards to whether or not Simon’s resignation on June 7 was valid.
“He referred to the law of England and Wales. England and Wales does not have a written constitution; we do. He referred to the law in Canada that has no relevance here. We have different provisions here,” Kentish stated.
Section 125 (1) (b) of Antigua and Barbuda’s Constitution states: “The resignation of any person from membership of the Senate or the House shall be addressed to the President or the Speaker, as the case may be.”
It adds in (2): “The resignation of any person from any such office as aforesaid shall take effect when the writing signifying the resignation is received by the person or authority to whom it is addressed or any person authorised by that person or authority to receive it.”
