The constitutional challenge brought by attorney Martinus Francois over parliament’s failure to elect a deputy House speaker following the 2016 general elections this week took another step backward. The motion originally named attorney general Stephen Julien and Speaker Andy Daniel. On 13 February the AG’s counsel, Mr. Dexter Theodore, successfully applied for the removal of the AG as a party in the case, on the basis that under Section 36 of the Constitution it is parliament, not the government’s executive branch, that is obligated to elect a deputy Speaker.
Francois had no other choice but to refile his case, this time naming only Speaker Daniel. Francois came up against another road block on Thursday, with Justice Agnes Actie ruling that Francois had served court papers on a secretary at the parliament office and not on the Speaker himself. Francois could not cite law in support of his assertion that Mr. Daniel’s secretary was authorized to accept court documents on his behalf. The case was adjourned to 31 October.
Afterward a visibly agitated Mr. Francois spoke to the STAR. “The Speaker was properly served via his secretary,” he said. “I don’t know if they expected me to barge into the Speaker’s office and serve him the documents. As far as I know, if you serve on the party’s secretary, it’s good service. But now they’re saying no, I have to serve the man personally, which is new to me.”
He added: “Throughout my years of practice I never knew you had to serve somebody personally. They’re looking for all kinds of excuses but this matter must come to a head. They can run but they cannot hide.”
Francois argues that the failure of the House to elect a deputy Speaker is a breach and violation, and is seeking a declaration as to the meaning, interpretation and construction of Section 36 (1) of the Constitution. He is also seeking a mandatory order to adjourn future proceedings of the House until a deputy Speaker has been elected.
Section 36 (1) of the Constitution reads in part: “If the office of deputy Speaker falls vacant at any time before the next dissolution of Parliament, the House shall, as soon as convenient, elect another member of the House to that office.” The Constitution also states that the deputy Speaker cannot be a member of Cabinet or a parliamentary secretary. All eleven parliamentarians on the government’s side are Cabinet members. Opposition Leader Pierre has said on the record that “it will not be in our party’s best interests” to nominate a candidate on the opposition side. As for the leader of government, he has told inquiring reporters he is “focused on more important matters”.
Meanwhile Francois is seeking a mandatory order that the House close shop until the final determination of the case.
