Martinus Francois was a no-show at Monday’s House Session

On July 25, 2019 a visibly irate Martinus Francois left the high court building on Jeremie Street en route to the nearby House of Parliament, where he hoped to find Speaker Andy Daniel. He hoped in vain. The attorney has filed a constitutional motion against the Speaker over the failure of the House to elect a deputy Speaker. 

At a hearing last month Justice Agnes Actie ruled that Francois had incorrectly served court documents on a secretary at the parliament office, not the Speaker himself. The case was adjourned to 31 October. Outside the court a furious Francois complained about the judge’s decision and questioned whether he was expected to barge into Daniel’s office. If need be, he said, he would interrupt a House sitting to serve the Speaker personally.  

He was not true to his word. Not during Monday’s sitting anyway. But Speaker Andy Daniel has confirmed to reporters that he still has not been served. “Let’s get this straight,” said the Speaker, “Martinus Francois is a colleague, in the sense that we are both members of the bar. The impression was given that there was some hanky-panky going on, that maybe the Speaker was dodging him. I can be found right here in my office!”

He went on: “In terms of the particular matter, in law, certain offices require to be served in a particular manner. I would believe, for example, if you were serving on a company you serve at the headquarters of the company.  So you cannot just walk into parliament and serve the first person you encounter, it’s wrong.”

Daniel says that his position on the vacancy is clear: the deputy Speaker must be determined by all the members of Parliament. When Parliament decides to elect a deputy Speaker is their prerogative. Their decision will be most welcome. “I have no issue with court,” said the Speaker. “At the end of the day, if that’s where the question has to be answered, that’s where it will be answered. My role is Speaker of the House.”   

Francois is seeking a declaration as to the meaning, interpretation and construction of Section 36 (1) of the Constitution, which says in part that when the office of deputy Speaker falls vacant, a replacement shall be elected “as soon as convenient”. He is also seeking a mandatory order from the court to adjourn all future sittings of the House until a deputy Speaker has been elected, and until the final determination of his case.