Leader of the Opposition on Montserrat, Reuben T Meade Keeps the Country in Suspense

Leader of the Opposition on Montserrat, Reuben T Meade Keeps the Country in Suspense
Author

MNI Alive Media

Release Date

Friday, October 28, 2016

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While the internal power struggles within the MCAP Party have already boiled over into the public arena; it appears that as of 4:00PM, Thursday, October 27th, 2016, Mr Reuben T Meade has not yet officially tendered his resignation to the Governor of Montserrat.

Therefore, the argument by Mr Jermaine Wade having angst with Dr Sammy Joseph over who will run to replace Meade representing MCAP, is really over a vacancy that does not exist as of yet.

According to the Montserrat Constitution Order, Meade's resignation would only be effective from the date that his letter of resignation is received by the Governor.

This means that two days after announcing his resignation "with immediate effect" in the Legislative Assembly; Mr Meade has not yet conformed to the law and procedure of the Land, that would give rise to his actual resignation and trigger a By-Election.

Did Meade put the letter in the Royal Mail? Or is he playing RTM style games as he exits?

As this media stated just recently in a piece that was published, something is amiss with this resignation by Meade - knowing the man and having observed how his political mind operates. We will wait to see how long he keeps the Montserrat public in suspense, and the by-election process in limbo, before giving the Governor his official letter of resignation.

The excerpts below set out what has to be done to create a vacancy, and how such vacancy should be filled.

Excerpts from the Montserrat Constitution Order 2010

Tenure of office of elected members

53

(3) An elected member of the Legislative Assembly shall also vacate his or her seat in the Assembly—

(a) if he or she resigns it by writing under his or her hand addressed to and received by the Governor;

Filling of vacancies

56. Whenever the seat of an elected member of the Legislative Assembly becomes vacant the vacancy shall be filled by election in the manner provided by law.

Leader of the Opposition

61

(4) The office of the Leader of the Opposition shall also become vacant—

(a) if for any reason other than a dissolution of the Legislative Assembly the holder of that office ceases to be a member of the Assembly;

Resignations

112. For the purposes of this Constitution, the resignation of the holder of any office that is required to be addressed to any person shall have effect from the time that it is received by that person.

Excerpt from the Elections Act

Issue of writs for holding elections

20. (1) For the purpose of every general election of members of the Council, and for the purpose of the election of members to supply vacancies caused by death, resignation or otherwise, the Governor shall issue a writ under the Public Seal of Montserrat, to the returning officer.

(2) Every such writ shall be in the form set out as Form No. 7 in the Second Schedule, and shall specify the day and place of nomination of candidates, the day on which, if necessary, the poll shall be taken, being not less than seven days after the day of such nomination, and the day on which such writ shall be returnable to the Governor.


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