BASSETERRE, St. Kitts – PRIME MINISTER Hon. Dr. Denzil Douglas claimed that he did not violate the constitution when he left the Federation just days after he was sworn in for a historic fourth term.
Douglas’ abrupt departure on January 30 raised several eyebrows, as at that time he was the sole member of the victorious St. Kitts-Nevis Labour Party to have been appointed a minister. Questions and heated discussion arose as to whom he had left as his replacement, and whether that appointment was invalid because the Cabinet was not yet officially sworn in.
Section 55 of the Constitution dictates that a person must already be appointed as a minister in order to serve as acting Prime Minister.
The PM later confirmed that he was on the African continent attending a regional summit and participating in bilateral talks with Libyan President Muammar al-Gaddafi. When the question was posed to him at a press conference last week, Douglas was adamant that he had done nothing to contravene the nation’s highest law.
“I do not think I breached the Constitution in any way at all. Once the Prime Minister is elected and appointed, this being a modern age, he/she continues to be in touch with the country,” he stressed.
“We are not living in the days when the head of government was going aboard a ship that would take two weeks to travel across the Atlantic and I would have lost contact. There are cell phones, faxes, missions and embassies; business can still be conducted.”
Prominent Barristers-at-Law, Charles Wilkin and Emile Ferdinand, substantiate Douglas’ view, noting that the Constitution does not specify a time within which ministers of government must be appointed following an election, or does it stipulate that an acting PM must be appointed.
The attorneys released a joint statement outlining their position after SKNVibes requested input on the contentious legal matter.
“The Constitution does not mandate the Governor-General to make the appointment nor does it mandate the Prime Minister to advise the Governor-General to make the appointment. It is therefore within the discretion of the Prime Minister as to whether or not, on any occasion when he leaves the Federation, he should advise the Governor-General to appoint an acting Prime Minister.
“The Prime Minister did not therefore breach the Constitution if, prior to his travelling abroad shortly after the recent elections, he did not advise the Governor-General to appoint a Deputy Prime Minister or any other minister to act in his absence.”
The statement added that according to Section 61 of the Constitution, the Cabinet and individual ministers were responsible for formulating policies, while the civil service was tasked with executing and implementing those strategies.
It further explained that since ministers would not be required to make decisions on the daily operation of their departments, the country’s business should not be affected when the Prime Minister or any other minister travels abroad for short periods of time.
