Following several weeks of uncertainty surrounding the constitutional challenge by Martinus Francois over parliament’s failure to elect a deputy Speaker, a hearing of the case took place on Thursday. Justice Agnes Actie had earlier ruled that Francois had incorrectly served the Speaker’s secretary and not Speaker Daniel himself. On Tuesday, the Speaker confirmed at the start of the day’s House sitting that he had finally been served on October 27—four days before the matter was to be heard.
A little after 9:00 a.m. on a rainy Thursday, the case got underway at the High Court on Jeremie Street. Seated in the courtroom was Speaker Daniel, arms folded as he listened to presented arguments. Wasting no time, the Speaker’s lawyers pointed out that Daniel was short-served, which made it necessary to adjourn the proceedings. At the same time, they felt that the matter should be expedited as quickly as possible. A date of January 23 was suggested.
Almost jumping from his seat, Francois argued that “in light of the urgency” of the matter he believed the case should be heard some time in December. Without a deputy, he said, sittings of parliament are not being properly conducted. The judge seemed unimpressed. He asked Francois whether or not the House was not still passing laws. Francois acknowledged that it was, but then attempted to obtain from the court a mandatory order to stop all House sittings until the final determination of the case. The appeal bit the dust. The case was adjourned to January 23, 2020.
Following the ruling, an apparently unperturbed Francois told reporters that he wanted the case to be heard before the end of the year to get it out of the way once and for all. “This case is one-sided,” he said. “I really thought they would just admit they’re wrong, appoint a deputy Speaker and just move on instead of wasting my time.”
He repeated: “It’s a one-sided case, one they can never win. The Constitution is clear; I know that I’m right on that point. In all of our forty years of Independence, the parliament has never been without a deputy speaker. They know they’re wrong and they’re wasting my time. If they allow me to argue that case, they will pay me costs. That case is costing me a pretty penny.”
For his part, Speaker Andy Daniel told reporters the day’s outcome was expected. Daniel has no issues with the matter going to court. “Mr. Francois believes that the system is not working as it ought to work and is exercising a right that he has under the Constitution to bring the matter before the court.” Speaker Andy Daniel was represented by Dexter Theodore QC.
