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St Kitts and Nevis (WINN): In the High Court ruling that the constitutional rights of parliamentarians were violated when their Motions of No Confidence filed in 2012 and in 2014 were not tabled nor debated in parliament, Justice Pearletta-Lanns noted, that the constitution provides for the majority of members of Parliament to determine the effective leadership of the day.

The judgement states "It  would  make  nonsense  of  section  52(6)  which  enshrines  the  fundamental principle  that  the  tenure  of  government  depends  on  the  continued  support  of  a majority of the elected representatives if, at someone's whim, a resolution of no confidence could be kept off the Order Paper, thereby creating a scenario where a Prime  Minister,  whose  government  has  lost  the  support  of  the  majority  of  the representatives  in  the  Assembly,  is  permitted  to  stay  in  office,  even  though  the clear  intention  of  section  52(6)  is  that  he  either  resigns,  call  an election  or  be removed."

The judge also ruled "A declaration that the claimants right to bring and or move a Motion of No Confidence in the  government  had  been  violated  by  the  failure  of  the Speaker to schedule the motions of no confidence in the government centre  and  or left  at  the  office  of  the  Clerk  on  11th December 2012  and  15th December 2014 for debate in the National Assembly.”

The St. Kitts Nevis Labour Party lead by Prime Minister Dr Denzil Douglas won the general elections in January 2010 but two years later Deputy Prime Minister Sam Condor and Senior Minister Dr Timothy Harris were in conflict with Dr Douglas taking public issue with his leadership of the party.

The first Motion of No Confidence was lodged in December 2012 with pundits expecting a majority of parliamentarians to vote against the Prime Minister. 


Clive Bacchus
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