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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