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HOUSE SPEAKER SAYS KELVIN SIMON’S RESIGNATION IS “CONSTITUTIONALLY DEFICIENT”

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11 months ago

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House Speaker Sir Gerald Watt King’s Counsel says the resignation by St Mary’s South Member of Parliament, Kelvin Simon, does not conform to section 41 (1) (e) of the Constitution and therefore cannot be accepted.
As a result, Sir Gerald says Mr Simon continues to be the sitting Member of Parliament for St Mary’s South, but nothing prevents him from resubmitting a letter of resignation which conforms to section 41 (1) (e).
That section sets out one of the bases of a member of the house resigning: “If having been elected to the house by virtue of being a member of a political party, he resigns his party whip and withdraws his allegiance from his party. Provided that he shall not be required to vacate his seat so long as he remains an independent member of the house.”
Sir Gerald says Simon’s letter fails to indicate that he has taken the necessary steps as mandated by this section, meaning resigning his party whip and withdrawing his allegiance from his party.
Sir Gerald spoke with ABS News Monday Evening.

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