BASSETERRE, St. Kitts – THE Hon. Mark Brantley, Leader of Her Majesty’s Loyal Opposition in the Federal Parliament, said that Attorney-General Hon. Dennis Merchant utilised “a self-serving interpretation” of the Constitution.
Last Wednesday (Nov. 18), Brantley wrote to Governor-General His Excellency Sir Cuthbert Sebastian requesting time to consider appointing two Parliamentarians to the Constituency Boundaries Commission (CBC). Several days later, Merchant responded on behalf of the Governor-General claiming it was unnecessary to nominate replacements.
“I wrote to the Governor-General on November 18. I stated that, based on my understanding of the Constitution, I believed I had the continuous right to appoint members to the CBC. I told him that I needed more time to consult with my fellow Parliamentarians and colleagues as to who those replacements should be.
“On Monday (Nov. 23), I received a letter from the AG stating that the rules of the Constitution were clear and that there was no need for me to be afforded time to appoint replacements, as the Commission was free to carry on as it is currently constituted,” Brantley explained.
The five-member CBC consists of a Chairman, two Parliamentarians nominated by the Prime Minister and two Parliamentarians nominated by the Federal Opposition Leader. Each member must be approved by the Governor-General.
After the resignation of Concerned Citizens Movement (CCM) members Hon. Vance Amory and Hon. Michael Perkins from the constitutional body last week, questions flourished about whether the CBC could continue meeting. Government lawyers insisted that according to section 49 (4) of the Constitution, the two vacancies would not hinder the Commission’s ability to continue its work.
Brantley, who appointed both men to the CBC in 2008, disagrees with this view. The Nevisian politician said he would continue to be advised as to his actions, and noted that he could not definitively predict how he and his CCM colleagues would react if a new CBC report were laid in Parliament tomorrow (Nov. 26).
“The CCM continues to meet and discuss its options. We still believe that there must be general elections before any boundary changes, but I can’t prejudge and say we will leave the House like we did the last time the CBC report was tabled.”
He added, “The AG’s self-serving interpretation of the Constitution is consistent with the position the Labour Party has taken. They want boundary changes no matter what, because they obviously feel as though they cannot win without them.”
Yesterday (Nov. 24), Brantley and another opposition Parliamentarian, the Hon. Shawn Richards, filed for leave to undertake a judicial review on the work and composition of the CBC. They also sought an injunction prohibiting the use of any report produced by the Commission until the matter was heard.
