Symister rubbishes claims that House Speaker has the discretion to reject the resignation of former MP Simon


REAK NEWS: Attorney Leon Chaku Symister is challenging the assertions made in certain circles regarding the Speaker of the House’s ability to decline Kelvin “Shugy” Simon’s resignation as the parliamentary representative for St. Mary’s South.

Contrary to the information disseminated by a specific media outlet, Simon submitted his resignation at the law office of Sir Gerald Watt, KC, on the morning of Wednesday, June 7, and promptly issued a public statement on the matter.

Symister maintains that Sir Gerald has no grounds to reject the resignation because the Antigua and Barbuda Constitution explicitly outlines the reasons for which a Member of Parliament (MP) can resign from the House.

Referring to Section 41, Sub-section 2 of the Constitution, Symister points out that once a seat becomes vacant, a by-election must be conducted within 120 days.

However, there is no question as to whether the Speaker of the House possesses the authority to refuse a Member’s resignation.

Furthermore, Symister emphasizes that individuals have the right to discontinue their employment or position if they choose to do so, and thus, there can be no rejection of a resignation.

Symister also dismisses the assertion made by State media that the Speaker possesses discretionary powers to decline Simon’s resignation.

According to Symister, neither the Constitution nor the Parliament’s Standing Orders support this claim.

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  1. I believe the governor general, and the speaker of the house should not be affiliated to no party whatsoever. That person should have the power to be free and fear.
    Bias, bias, bias, all the way!!!!!!!!

    • No body must play hopsie popsie with people ‘ s lives it’s either you want to serve or you don’t no one should change the game if it does not suit them the parliament has rules and is governed by the speaker it’s serious business it all started on the wrong foot with questions of integrity and allegations of fraud then intervention by the courts and now all this drama let the Courts decide and they will all the bush lawyers and experts have so much to say

  2. hmm recall the same Chaku as he acted as a judge in mock trails prosecuting alp politicians. Logic did not tell him (a trained lawyer) in so doing he would prejudice the jury pool. As far as his conclusion re Shuggy, he seems too willing to ignore the issue at hand. There is a matter in court questioning the legitimacy of Shuggy’s being elected. Him resigning from an office does not change that fact. Persons should try and remember what happened when BS went to parliament and tried to change the act related to ABEC in an effort to get rid of Watt, when the matter was in court. Shuggy himself in his letter to the public showed disrespect to our judicial system. As usual who ever advised him, did a bad job. There was a better way to handle this via negotiations which would have left him with no egg in his face. Anyway let me continue like John the Baptist, the voice crying in the wilderness (you can’t have my head)

    • Tenman you chatting a bunch of bull sh..t. if you live in my house and I am trying to get you out and take you to court, you then move out before the matter is heard, tell me what grounds is there for the court proceedings to continue.
      The court will have to be apprised of this development obviously, because the point of litigation is now moot.

      • I begged to differ…the case before the court is to determine if Mr. Simon was lawfully nominated to be a candidate hence to contest the Election….he resigning does not change that fact.
        If the court finds that he wasn’t duly nominated….question: would all votes casted on his behalf be deemed null and void? And would a Bi-election be appropriate in this case?
        That’s what is before the court….! I think Mr Simon might be ill advise to resign….

      • @Ruler what about the unpaid rent? What about the other costs? Anyway the situation is more like a race where it was later found that the person who they thought won, was not qualified (perhaps a man in a female only race, perhaps he was taking a banned substance, perhaps the winner did not meet the age requirements..). Ruler they don’t rerun the race. Same applies in all sports, beauty pageants (eg Vanessa Williams), Debates…all competitions. Look i get that you want the UPP candidate to win but I suspect even you know he broke the rules. Will the court rule no do-over simply treat it as normal that he was not qualified and give it to Marshal? Maybe. Will they rule a do-over is required Maybe? Will they rule the requirement though in the constitution is not constitutional? Brethren really comes off as a foolish virgin since the requirement was long established, Have my popcorn ready for the drama he brings

  3. Chaku Symister is full of CRAP. Who the hell is SHUGY to resign and call BY-ELECTION. This case is in court and a judgement will be Disclosed within two weeks. Shugy should be charged with CONTEMPT of court. UPP has been given BAD ADVICE over the years. According to Mr.Knight of OBSERVER RADIO UPP need to get rid of all the OLD FARTS around Them

    • You seem to have your panties in a bunch. Wa happen shugy catch your cult off guard?
      It seem like the 18 candidate of the ALP old fart Gerald want to do like Rodney and ask KC out of England and Jamaica to also give him an opinion on this. What a load of hogwash!

      • @ Cool Ruler

        My thoughts exactly.

        Why is he eating up himself that Shuggy resigned? Because they wanted the court case to go ahead so their appointed judge could hand them the victory as opposed to going back to the polls for a SURE victory for the UPP: Hence the fact HE/SHE/OLD POPS eating up himself.

  4. I see most of the comments have not addressed the issue as to whether the Speaker can decline Shugy’s resignation letter from Parliament. The Speaker cannot decline the resignation letter and section 125 (1) (b) of the Constitution is clear on that matter.

    • @ Charles Tabor

      Obviously people like Tenman and POPS and From The Sidelines smiled with glee when you seemed to have agreed with them that the GG has no authority to call an enquiry, which I TOTALLY DISAGREED with, however now that you agree with CHAKU SYMISTER that the SPEAKER HAS NO AUTHORITY to DECLINE SHUGGY’S RESIGNATION, they coming up with all SORT OF CHIT, like they name BUSH DOCTOR- foolish FOOLS AND VIRGINS

  5. The only old farts are the ALP.
    ALP Politicians, lawyers, judges, they are all corrupt. It’s not what you know in Antigua, but who you know.

  6. This one caught the Labourites off guard. Now they’re spinning like cats chasing their tails, led by the dunce Gaston Browne. Chat all you want Gaston, you thought the judge would have handed you the seat. The people rejected Samantha Marshall and are ready to do it again.
    First time I’ve ever heard of an employer rejecting a resignation. How dumb is that? Right up the alley of the Labourites.

  7. @tenman, you’re just a typical dumb Labourite. Did not ABEC approve Shuggy’s nomination? When Gaston Browne challenged the swearing in, a judge denied their stupid challenge. This is why they changed judges to a more favorable one, hoping to override the people’s choice. The court case is moot. How come the judge never came out and defended himself against Gaston Browne’s assertions? Wouldn’t be surprised is he/she make some ridiculous ruling. Antigua is so compromised and corrupt.

    • @Watching as usual you are wrong. The court at that time denied the injunction because the judge felt it was not necessary. He argued that restraining shugy at that time would do more harm. Some major surprises ahead for you uppites

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