Simon’s ‘resignation’ likely to be challenged before the courts

Last week’s surprise announcement from the St. Mary’s South representative,
Kelvin Simon, that he was resigning his seat in parliament to make way for a by-
election, is likely to be challenged by legal action.
There is already a law action challenging Simon’s eligibility to sit in parliament on
the basis that he was not properly nominated, in the first instance. That case is to
be heard by the High Court in early July. However, Simon appears to have
circumvented the possible outcome of the court hearing by resigning his seat and
calling for an immediate by-election.
Legal consultant to the government, Senior Attorney, Anthony Astaphan, said
while he could not comment on a matter now before the court, he has no doubts
that the lawyer for Senator Samantha Marshall, the ABLP candidate who contested
the seat in the elections, will seek a court order challenging the resignation.
“One of the issues that I am sure will be raised by Sen. Marshall and her attorneys
is whether, given the orders that she has sought, it is permissible for a resignation
to take place before a determination of the election petition matter that is seeking
to have Simon disqualified. I think that’s a critical issue which I am sure will arise
either from Simon’s legal camp or Marshall’s legal camp,” he predicts.
The second issue, in Astaphan’s view, is under what circumstances the
Constitution allows a member of parliament to resign. “This is going to require
sufficient appreciation of Section 41 Sub-section A-E of what the Constitution
means. I have not seen the letter of resignation to indicate whether it follows what
has been subscribed by the Constitution,” Astaphan added.
He opined that the matter must be determined by the Speaker of the House, Sir
Gerald Watt, himself a legal luminary, for resolution.
All eyes are therefore on Sir Gerald for a determination of the issue surrounding
Simon’s resignation from the House of Representatives.