REPUBLISHED FROM JUNE 18, 2023
By Charlesworth C. M. Tabor, B.A., M.Sc., LL.B., L.E.C.
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.
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.
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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the Antiguans today are educated and analytical. We will not rest until we get our country on the right path.
Amen to that @ For those of us.
I am so proud as an Antiguan at the educated responses – on the whole – from my fellow Tiguans.
The days of accepting second rate politicians ARE OVER, OVER, OVER!
What has thrown our current crop of political MISCREANTS, is that they totally underestimated the furore from fellow educated Antiguans who are no longer going to put up with the ABLP not looking out for citizens or the country.
I’ll admit that 3-4 years ago, I was concerned about whether we could call out BAD governance … but not anymore!
Change is coming!
MI PROUD, PROUD PROUD SO TIL … 🇦🇬
@ BRIXTONIAN
How educated are you BRIXTONIAN if you want to replace ABLP with those DUNCE elements of UPP. MURDERERS, RAPISTS , BANKRUPT PERSONS and STEALING church collection plates. Shows how DUNCE you are BRIXTONIAN.
@ JP
BANKRUPT PERSONS, MURDERERS , RAPIST , DUNCE elements.
HAVE YOU FORGOTTEN WHAT ASOT SAID ABOUT GASTON IN PARLIAMENT THAT HE USED TO ISSUE SO MUCH BOUNCED CHEQUES? GASTON RAN 2 SUPERMARKETS INTO THE GROUND. DONT TALK ABOUT DUNCE ELEMENTS, NOBODY DUNCER THAN CAN’T READ ROBIN. AS TO RAPIST, ASK THE PM BROTHER AND THE BOWEN ‘BLOW OUT’ IN ST PHILLIPS SOUTH IS EATING YOU GUYS OUT EVEN THOUGH YOU MINIONS TRIED SO HARD TO DERAIL HIM WITHOUT SUCCESS. TRY AND TRY AGAIN BECAUSE THE PEOPLE OF ST PHILLIPS SOUTH IS 100% BEHIND HIM.
ASK GASTON TO TAKE HIS RESPIDOL.
Looking at your above comment @ JP, I BOW DOWN, and in awe of your superior knowledge to me. Many many thanks!
ISN’T EDUCATION A WONDERFUL THING …
Sir Gerry Watt KC is the best Lawyer in the WORLD. I do hope that those so.called Lawyers of UPP listen and learn . Thank you very much Mr. Gerry Watt KC for Educating Antiguans and Barbudans on Pointe Fm yesterday.
Speaker should resign, Prime Minister should resign, Attorney General should resign, Health minister should resign, aren’t you guy’s tired? The election has long been over and the ABLP will be running the country till Gaston call a next election, in the mean time get yourselves prepared cause you’re not ready with Pringle as PM and Serpent as acting. You kept making noise and nothing come out of it. The ABLP still stand and continue to rule. Asot made a bunch of promises as an independent, but is now frustrated because he realized even though he won big he’s not the Government and stands alone. You walked out on the sale of the yatch and tried hard to block the sale, but the sale is done, at first you cared less of the Africans and their well-being but now you’re marching. Politics is a bitch. I think Messiah had the right idea even though it’s a long shot, because this back and forth of ABLP and UPP is too much.
@Carvaa
No WE ARE NOT TIRED: Revelation 14:11 ‘And the smoke of their torment ascendeth up for ever and ever: and they have no rest day nor night, who worship the beast and his image, and whosoever receiveth the mark of his name’.
Perhaps you were not alive when MAX HURST, GASTON, CUTIE, MOLWYN, TANNY ROSE etc campaigned for 10 years to bring down the UPP government. Where were you then.
Anyone can always clearly see through you ABLP minions, y’all are just a bunch of hypocrites.
Antigua and Barbuda is in a morass. The UPP WAS CORRECT to walk out on the sale of the Alfa Nero and for your information the saga with this yacht is FAR FROM OVER. You must be in the 1% that are the only ones enjoying life in Antigua, because I can GURANTEE YOU that even your fellow minions are GOING THROUGH FINANCIAL PAIN AGONY AND HUNGER AND STINKINGNESS for uncollected garbage etc in this country and all you can do is criticise the opposition for standing up for the people of this country with all the ills perpetrated by the ABLP?
GIMME A BREAK.
BTW: NEITHER YOU NOR MASSIAH IS A FACTOR. Her political career (if ever she had one is done).
Amen..
Don’t forget body odor cause they can’t bathe..no water!!
But all the Ablp members that they worshipping smell like men cologne..smh
Useful idiots 🫢
And we’re the successful or did they have to wait till the UPP call election? You’ve been blabbering for two term, yet you gave the man a record three term, still you continue to make noise and even though you came close in the last election this is the weakest political team ever in the UPP history. I wished you had won just to see you form a government. You can’t even debate in Parliament so how you gonna sit with world leaders? Antigua politics is a joke and as King Fyre say “sungu and lungu a the same thing” and by the way if Messiah continues, UPP will continue to come up short for she is a Blite.
@ Carvaa
Obviously you didn’t hear your tiefing PM admitting to transferring voters in and out of various constituencies to assist his colleagues in winning their seats.
YOUR ABLP is AN ILLEGITIMATE TIEFING GOVERNMENT. UPP should feel proud because not even the ABLP supporters expected the UPP to lose, BUT FOR THE TIEFING WITH THE AID OF THE ELECTORAL COMMISSION AND THE Chief Election Officer.
UPP WON THE ELECTION, GO LISTEN TO THE RECORDING FROM YOUR ESTEEMED LYING PM.
AS TO THE DRUNKARD MASSIAH SHE AND HER USELESS COLLEAGUES HAD NO EFFECT ON THE UPP CHANCES, THE ONLY REASON THE ABLP WON IS BECAUSE THEY STOLE THE ELECTION.
SMOKE THAT IN YA PIPE. ONLY ABLP CAN DEBATE, YOU GOT TO BE SICK COZ I DONT KNOW WHICH PARLIAMENT U LISTEN TO. BIG FAT USELESS ABLP SUPPORTER.
Nicolea Ceausescu controlled Romania for 42 consecutive years and he had great number of stooges like you, who spewed the same rhetoric like you just did. He was relentless with his abuse of opponents state assets and finances. Any attempt at protest was met with the sudden brutal force and opponents were publicly executed or sent to prison to languish. One Christmas day in 1989, the people spoke and justice was served as swiftly as the rebellions he quashed.
For those who think we are not, let me tell you we are a reading public. The constitution is clear, plain and simple. You currupt people in high places a God who is bigger than you sits high above you and knows your evil wicked hearts. Are you not afraid? are you not knowledgeable that he sees your heart and knows your wicked intent. Justice and truth always prevail take heed, nothing last forever but the word of God. Do the right thing according to the constitutional laws. Do the right thing.
GERRY WATT,POWER TENDS TO CORRUPT AND ABSOLUTE POWER CORRUPTS ABSOLUTELY.YOU HAVE FALLEN INTO THAT PIT OF A HOLE.DO YOU THINK THE HOUSE OF PARLIAMENT IS YOUR PLANTATION,MASSA? THAT ANTIGUA WAS WILL TO YOU.THAT YOU ARE THE ONLY PERSON OTHER THAN GASTON BROWNE WITH A BRAIN IN ANTIGUA AND BARBUDA.THINK AND COME AGAIN.EVERY DAWG HAS ITS DAY,YOUR DAY IS COMING.HOPE WHEN IT COMES AND KICK YOU IN THE GUT YOU WOULD BE PREPARED.FOR YOU CANNOT TAKE ALL OF YOUR EARTHLY GOODS AND POWERS INTO THAT BOX WITH YOU.
Mr. Gerry Watt KC thank you very much for the hour you spent on POINTE FM yesterday. I have learnt alot. Your delivery was EXCELLENT. I hope BRIXTONIAN and Others learned alot from Gerry Watt KC. BRIXTONIAN please stop SPEW your NONSENSE daily.
@Gel Yep he was good. Glad to see him also continue to ignore the noise. The UPP since they have an issue with the speakers ruling should head to court. Oh I forget they can’t because they claim they fear the judges are not impartial. Next ,move their Justice Square (Kangaroo court with Tabor and Chaku dressed as judges)
Happy Father’s day granny!!
Isn’t it strange that we haven’t heard from the government chief legal advisor THE HON AG MP CUTIE BENJAMIN? Maybe he is thinking that by remaining silent will protect him from any backlash.no it won’t. So I am calling on the Hon Attorney General to stand up and speak out.
Sir Charles Tabor is the speaker the King’s representative?
Do you harbour realistic expectation, that he will resign?
If not why engage in such folly? Just for bragging rights?
Now I understand why the UPP strategies always fail.
UNREALISTIC EXPECTATIONS WITH ABSOLUTELY NO PROSPECT OF SUCCEEDING.
Look who’s telling Sir. Gerald Watt to resign, a fake lawyer that has been wrong in every legal opinion he has given on this ANR comment section for the last 2 years…. every single one…… remember the confidence he gave the Trevor walker supporter before the Privy Council just hush his @ss up…
I-Man despite your position and that of TENMAN and MELSHESIDEC I would be happy if all of you would address the issue as to whether Sir Gerald is correct in his interpretation of sections 41 and 125 of the Constitution and that Kelvin Simon’s resignation from Parliament was flawed and he is refusing to accept it. That is the fundamental issue of my article and Sir Gerald can hem and haw all he wants he cannot change the fact that he is wrong. If because of arrogance he does not change his position, then the court will be called upon to clarify the matter.
Tabor stop mek mockery, if you (UPP) believe the speaker is wrong, take it to court. I won’t hold my breathe. To answer your question, though I have done some legal courses, I know enough to tell me seek legal advice on such matters. Sir Gerald is not only a lawyer, he has been practicing’s before I was born. Contrary to their view of you his colleages do do not see him as a joke, hence why he has the KC title. His batting in court is superior to any of the UPP aligned lawyers. Recall when he took UPP leadership to court and won. Recall the court stating that UPP leadership breached the constitution and also disrespected the court in the same matter. In essence when it comes to law, Sir Watt is akin to Sir Vivian Richards hence I will go with his view (people tend to pay him big $ for legal opinions, you tabor have to give them away)
All you foolish Antiguan who supported the ABLP are so ignorant, Antigua is going under water . So get your swim suit ready to go , the boat is a disaster and brown will end up at 1735 he and all them crooked ABLP ministers, I give them until 31 st December to throw in the towel. Time up
@Jermaine – If we going under water, how GB going to jail? Will it be an Atlantis situation? Clearly something is preventing you from being logical
Tabor, I-MAN,Tenman, Gel and all the other cool-aid drinking dummies, will never address the issue at hand. Their way is to resort to all sorts of mudslinging, character assassination tirades. Gerry Twats is to arrogant, just like his massa, to admit he made a colossal blunder.
Again, we are being made to sit and put up with these incompetent fools.
@Watching-Boss Kool aide is for kids, for me its red wine, the expensive kind. My response to Tabor (in part) which you missed:
“Sir Gerald is not only a lawyer, he has been practicing’s before I was born. Contrary to their view of you his colleagues do do not see him as a joke, hence why he has the KC title. His batting in court is superior to any of the UPP aligned lawyers. Recall when he took UPP leadership to court and won. Recall the court stating that UPP leadership breached the constitution and also disrespected the court in the same matter. In essence when it comes to law, Sir Watt is akin to Sir Vivian Richards hence I will go with his view (people tend to pay him big $ for legal opinions, you tabor have to give them away)
@Tenman
If all you are saying about master Jerrry is correct, then you like most educated Antiguans know that he is way off base in this Shuggy issue. It does appear to me that master Watt is doing the biddings of Gaston Browne. His tirade on Pointe Fm on Saturday was be beyond the pale. The way he talked down and disrespected black Antiguans. In his mind he is better than the people paying his salary. He thinks he is in the days when black people had to refer to him as master Jerry. We the people of Antigua should not allow Gaston and his abetters to behave as thought they are above the law and can do anything to Antiguans and get away with it. If educated Antiguans close their eyes and sell their soul for a few dollars, then Antigua is in a very sorry state.
Resign you old arrogant fart!! You’re too biased and corrupt.
@I’m Blue I remember your sentiment being expressed towards Watt when UPP was in office. The UPP then learnt the hard way in court when Watt won (they breached his constitutional rights and were later called out by the court for disrespecting the court). Watt time after time has shown his legal knowledge is superior to his adversaries. I continue to stand by his reasoning since it tends to be so valuable that persons are willing to pay serious $ for it. He is the best speaker of the house, in my 50 years of being on this earth
@ tenman
You do have a remarkable memory, even though there was no Antigua News Room then.
Do you remember his utterances ‘to hell with the constitution?’- do you have the stats on all the cases he has lost and or advised on which he lost, including the ones before the Privy Council.
I can recite quite a few, he always have some cop out for cases he has lost.
OH I forgot, he KNOWS EVERYTHING: HE’S PERFECT. RED really cloud conscience.
@Mr omniscient Sir Viv won all matches? Where in my writeup did I state or suggest that Jerry Watt is perfect? Afterall, come on man he is a human being. At his age and financial situation he did not have to accept the speaker role. However look at his contribution, how he adds to the discussion. The man has put A&B first. Look at the advice he gives when bills are being discussed especially at the committee stage. There has never been any speaker who has made the kind of contribution to that office that Sir Watt has. We are going to wait until he is no more to give him the kudos he deserves? As far as his statement regarding the constitution my recollection is this was before the 1981 constitution. By the way Roosevelt (former us pres.) “also” stated “to hell with the constitution” in 1902 during the coal strike. Must tell you context is very important.
OPITION: the author of this piece should have his driver’s license taken away and not practice law as he likes to speed in residential area knocking down special need kids and uses his “legal brother” aka the traffic magistrate to get the case dismissed. Love call out alp for them corrupt practices like them any better.
@ Karma is a……….
You are right. ABLP is purity, never forged anybody’s signature and never have anyone stealing his gun so recklessly. Never steal clients’ money and forced in court to pay dem back- having the Privy Council say that he should be charged like someone else who spent jail time under a similar charge.
There is a time and place for everything- so because he ‘accidentally’ hit an individual he should allow you TERRIBLE MINIONS TO SHUT HIM UP? You guys in the ABLP think you can stain up people name and nobody WORSE THAN ALL OF U.
Boo hoo nah like when people expose yall so called good men and women. Yall talk about alp corrupt bur look ya. Again OPITION: the author of this piece should have his driver’s license taken away and not practice law as he likes to speed in residential area knocking down special need kids and uses his “legal brother” aka the traffic magistrate to get the case dismissed. Love call out alp for them corrupt practices like them any better. Tek that and smoke um in ya wind pipe you hypocritical jackass
Well won’t ya looka dat 🤣 😂 😆
It’s the world-renowned legal juggernaut Damani daddy in his little office corner of Stapleton lane. Looking for what? Fame? Infamy? Hugs? Kisses?
Who knows……… but the Speaker must be shaking in his boots from this lame duck 🙄 “article”
Sure he run carry his resignation to the GG at the behest of Damani daddy 🤣 🤣 🤣 🤣 🤣 🤣 🤣 🤣 🤣 🤣 🤣 🤣
KARMA IS A you till wid you chupit nonsense. The accident you talk about involving Tabor why don’t you talk to the conductor or driver of the school bus. The young boy was running after his pet goat (not GOAT Watt) and ran into the front of Tabor’s car while he was slowly driving past the school bus. Continue to be an ABLP idiot and spread lies.
Is that you TABOR. I will not stop saying my OPIRION because the world must know about the crook you be. You knew damn well you were speeding and when the boys family came out to see what happened you cuss them saying you one lawyer and know your rights. The world must know you corrupt. The world must know the case got dismissed because you and the magistrate are friends and lawyers will never convict lawyers
@ Karma us a…
What does you comment have to do with the topic at hand? If you have a beef with the learned lawyer, why not use your name?
The speaker of the house should resigned immediately! He pass pension age longtime. I quite sure he is over 80 and still the speaker of the house. young people want to move on with their lives! Is full time for Sir gerald watts resign and go retire! Is the elites them causing the problem in Antigua, because allot of them don’t want to tender their resignation and retire.
Hey granny
You thought about your decision
and reverse your thinking 🤔
Granny you old fart and goat come, let me put you in your rocking chair!!
To all the Labourites go eat GOAT Shit!!!
What Constitution? To Hell with the Constitution.I wondered who uttered those words in Parliament.What does it take to become a KC? DO YOU HAVE TO TAKE AN EXAMINATION? OR IS IT GIVEN TO YOU AS AN AWARD.
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