BASSETERRE, St. Kitts – ONE more month remains before the current Federal Parliament is constitutionally dissolved, marking the fifth anniversary of its first sitting.
Following the General Elections of October 25, 2004, the National Parliament met on December 16 of that year.
In a recent interview with this media house, former Speaker of the National Assembly Marcella Liburd explained that the body of elected representatives was given a 5-year mandate that will expire December 16, exactly one month from today (Nov. 16).
She explained, however, that Cabinet would still function until the first sitting of the Parliament after elections.
“Cabinet still functions and the offices of the ministers, including [that of] the Prime Minister, become vacant only if at the first meeting of the National Assembly after the dissolution of Parliament that person is no longer a representative,” she explained, making reference to Section 52 of the Constitution.
The opposition party People’s Action Movement has persistently announced the “expiration” of the Parliament’s constitutional mandate since the fifth anniversary of the 2004 Elections and October 25, 2009. The party’s mouthpiece, The Democrat, has described the current period as an “undemocratic rule”.
SKNVibes contacted constitutional expert Tapley Seaton, who explained that while the elections can be called before December 16, the government would continue its work but not in its “full plenitude” following dissolution.
“Once you have this dissolution, the government continues to operate but not in its full plenitude. There are not supposed to be any major policy decisions unless they are brought up under circumstances beyond the government’s control,” Seaton said.
He added that if the Prime Minister Hon. Dr. Denzil Douglas allowed the Parliament to be automatically dissolved, it would be the first time that this would have occurred in the history of the Eastern Caribbean.
Seaton made it clear that this period will not be a “constitutional crisis” as is purported to be, but he noted that it would be a “challenging” period, as it is different and would cause people to reflect upon it.
If the House is left to be automatically dissolved on December 16, the Prime Minister is mandated to announce the date of General Elections before March 16, 2010. He however, can do so before December 16.
