UPP Confident in Legal Challenge Against MP Anthony Smith’s Independence in Parliament
United Progressive Party (UPP) Executive member Jonathan Wehner expressed strong confidence in the outcome of the ongoing legal challenge against MP Anthony Smith.
“We are fully confident that those court cases will prove that he’s not independent, his seat will be declared vacant, and there will be a by-election.”
The case, brought by constituents and the UPP, questions Smith’s claim of independence within the House of Representatives following his defection to the Labour Party.
Wehner’s in a recent interview emphasized that the constituents of All Saints West feel betrayed by Smith’s actions.
“MP Anthony Smith, you were elected with a United Progressive Party mandate because the people wanted a change in government. You won 13 of the 15 boxes in All Saints West with 2,022 votes, defeating the Labour Party candidate by 561 votes,” Wehner stated.
“You did not receive that mandate to defect to the Labour Party. You have betrayed the people by not consulting them before making your decision and by denying your intentions until you were sworn in at Government House.”
Wehner criticized Smith’s claim of independence, arguing that his role within the Labour Party’s cabinet contradicts this status.
“The day after resigning from the UPP, Smith was sworn into the government’s cabinet. As Minister of Agriculture, Lands, and the Blue Economy, he is involved in drafting legislation and shaping policies, which undermines his claim of independence,” Wehner asserted.
“By participating in the process of drafting bills, he has a vested interest in seeing them passed, making it impossible for him to be truly independent.”
The UPP’s legal team, which includes prominent figures such as Justin Simon KC, is prepared to argue that Smith’s involvement in the Labour Party’s cabinet violates constitutional provisions.
“Section 41N1 of the Constitution stipulates that a member must remain independent if they resign from a party. Smith’s actions clearly indicate his alignment with the Labour Party, not independence,” Wehner explained.
The court case is expected to conclude after the carnival break, with Wehner confident that the outcome will lead to Smith’s seat being declared vacant and a by-election being called.
“The people of All Saints West are resolved to send a message to Anthony Smith: you were elected to bring change, not more of the same. Your actions have insulted the intelligence of the people of Antigua and Barbuda, and we are confident that the court will see this too,” Wehner concluded.
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My legal opinion, a candidate may state who they are affiliated with (political party) but that affiliation may be changed at will (in the candidates or elected person’s discretion).
There will be no breach of any contract, no misrepresentation (Tort or contract).
It would be highly unconstitutional to force or demand of an elected official to not do as he may deem appropriate for his constituency and his political career.
I have no clue what UPP cause of actions are but if it is on the fact this candidate decided, objectively or subjectively, brilliantly or stupidly, to go independent or join a completely different party for what he thinks is for the best for him and or those he represents, no political party can recover any relief/damages in law or equity for this.
This is like 1st year law school knowledge. So, I am assuming the lawsuit is not about this man switching party. As the party’s attorneys would know this basic constitutional protection.
Any such law barring or hindering a candidate or elected official from switch party, representing the lawful interest of his constituents or his political career/beliefs cannot be enforced.
Of which constitution do you speak? The A&B Constitution 1981 states that an elected member can resigned from the party on whose ticket he was elected provided that he becomes an independent. The contention is that the person in question resigned, claimed to have become independent, yet swore an oath to abide by secrecy/ collective responsibility in becoming a cabinet member…is that an independent person still? My interpretation of what the constitution says on this, is that if he is not independent by his actions, then THE CONSTITUTION is saying that the seat is to be declared vacant. It’s worth testing in the court.
After, the General Elections in 2023, the [thought] of three(3), the vibe of 3(three) #by_elections were in the ether.
The UPP is ahead, one to zero! They can go for the #sweep.
Hopefully, there won’t be #bawling and #knashing_of_teeth, crocodile tears flowing from the #red_👺_eye Pinocchio posse, as the eulogy is presented for the Gaston’s_ABLP Army!
Jumbee _Picknee aka Ras Smood
De’Ole Dutty Peg👣Garrat_Bastard
Vere C. Edwards
@One Tree, you said it said, “can” resign. Being assigned ministerial/cabinet positions/duties does not mean the person’s loyalty must have been had by the party assigning such duties to the independent MP.
It would be clear the law and constitution would support ministers working together and cooperating for the betterment of the people without loyalty being pledged to the party seeking the expertise of such candidate.
I do think, based on the words you described it can be litigated to make it clear such cooperation is permissible and encouraged by the constitution. Working together and seeking relevant assistance is vital in government and does not require a pledging of allegiance to the party in which you accept to help, even when you are part of another or independent.
It such law barring such cooperation existed, then how would politicians be expected to cooperate and work together?
The independent can be a part of any government working group, including the cabinet of a party he is not a part of.
That is my legal analysis of your response.
You can resign if you remain independent, that is the key. The spirit of the constitution is to prevent the crossing of the floor or even pure betrayal.
Government includes the opposition where cooperation is expected. However, I believe that you would have conflated the issues. Have you read the oath of office or the oath of secrecy that hey take? No one taking such an oath can be deemed to be independent when you are now part of a collective (the cabinet). The collective here swears to secrecy within the group. If you can’t speak out and are bound by the decisions made by the group, you are not independent and the constitution says that you MUST remain independent. Nevertheless, the courts exist for these matters. Ask the question of the court/courts. Simple.
Our politics has been dragged into the gutter by a man desperate to hold on to power at all cost. 6 million dollars is a lot of money to buy some breathing room.
@My Way of Helping, you’re not helping at all. We cannot condone this kind of treachery in our politics. There are youths out there who supported this traitor. What kind of message does this send to them?
We can spin and twist all we want,Anthony Smith is just an insignificant pimple in a bigger game,perpetrated by a man greedy for power, corrupted absolutely by power. Like the SMS bi-election, with the 1000 watt bulb, our constitution is in another state of crisis because of the pimp who wants to continue his disaster.
The same DUMMY-KNEE-CAN that led ghe Barbudans to “victory” allllllllllll the way to the Privu Council??????
🤣 🤣 🤣 🤣 🤣 🤣 🤣 🤣
Bess dem min mek Taybah give them advice
The writing is on the wall that UPP is a failure and will always be one.
@ Smh
Yes – the same Dominican that made Giselle win the frivolous law suit against the government and Gaston and Michael Brown and cost the tax payers $3,500,000.00 and that’s why all of you on here so so bitter but u can’t stop her. TEK DAT – WAP WAP 😀😀😀😀
@my way of helping…
While the [government] of the People is made up of the Ruling Arm and the Opposition (not always the case, if one party wins all of the seats in Parliament), and while the spirit of cooperation is paramount to serve the People and the Nation’s best interest(s), there are several dynamics with the resignation of Anthony Smith from the UPP and “allegedly” becoming a member of the ABLP which MUST be hashed out and thrashed out in the Courts.
A…the cancellation of the ABLP’s election in ASW – All Saints West, to determine their #caretaker and possibly their Candidate in the next general elections, reeks of malfeasance and corruption (nothing new in the ABLP or politics, Asot Michael’s expulsion, the Papa & Lester Saga and of course the Gaston & Lester Saga comes to mind).
B…once this case against Anthony Smith is brought before the Courts, which by the way, is an excellent move by the UPP (win-lose-draw), it will more than likely be played out, in the Courts all the way to the Privy Council.
This will take the case beyond the next General Elections or in the heat of the Campaigning.
(i)….is Gaston’s Labour Party willing to take this risk?
(ii)…how will this then affect the ABLP in ASW – All Saints West?
(iii)…will the ABLP have to then #SCAMPer to find a suitable Candidate or will Regis Burton be resurrected from the dead, or will he have hopped back to SP – Saint Peter’s like a #playgirl_bunny?
Please be reminded, that one great move defensively or offensively, one great shot may score a goal⚽️but, the game is not over until the final whistle or the fat lady sings.
This is just the first quarter, of #Mr_Smith_Goes_To_Cabinet!
Jumbee Picknee aka Ras Smood
De’ole Dutty Peg👣Garrat_Bastard
Vere C. Edwards
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