ST. PETERS – Member of Parliament Maurice Lake in a press release issued on Thursday, is calling on the community to visit the website of the Ombudsman with respect to a report that was prepared regarding the constitutional crisis that the country experienced several weeks ago.
“I would like the general public to visit the Ombudsman website and read a report about the principle of trust article 33 in the Constitution. This document can be found under ‘Reports’ and then go to ‘Notices of Termination’ and click on ‘2015 Principle of Trust art.33 Constitution.
“This is based on a citizen’s complaint about how the former Prime Minister worked outside the Constitution of St. Maarten. It is clear that the conduct of the former Prime Minister is unconstitutional. As a Member of Parliament, one of our tasks is to educate the general public about the Constitution and the laws of the island. We need to be open, transparent and clear when communicating to the people and not confuse the people.
“This document on the Ombudsman website is a complaint lodged by a group of concerned citizens. The summary says that by letter of 19 October, 2015, addressed to the Prime Minister of Sint Maarten Mr. M. Gumbs, the Complainant and a concerned group of Citizens of Sint Maarten complained that they are disappointed in the impasse created in the governance of Sint Maarten, allegedly due to the actions or lack thereof by the Prime Minister following the passing of a Motion of no-confidence in the Prime Minister and his Cabinet.
“The report is rather extensive and makes for good reading if you want to educate and learn about governance. The two conclusion points of the Ombudsman report is as follows: ‘a) In the absence of a National Ordinance regarding the explanation and execution of the Principle of trust, not adhering to this principle constitutes a breach of the constitutional order according to the elucidation of the pertinent article. As such the Ombudsman concludes that not adhering to and not honouring this fundamental Principle of trust is a breach of propriety.
‘The Complaint filed regarding the application of the Principle of trust is therefore founded. Ad b) Conclusion: Considering the elucidation on the Principle of trust established in the Constitution (the rule of law), combined with the premise of the application of this principle as explained by the authors discussed in the PFR, propriety requires that the Principle of trust should have been observed by the Prime Minister in the absence of a National Ordinance, further explaining the execution of the Principle of trust. The elucidation on article 33 of the Constitution establishes that the Minister shall tender his/her resignation, failure to do so is considered a breach of the constitutional order, as such a breach of propriety.’
“The Ombudsman report further makes six recommendations that need to be followed in order for this not to happen in the future. The Ombudsman says in her report,
‘Sint Maarten being in its infant stages of its constitutional development, failure to diligently consider the rule of law, including not properly observing article 17 and 19 of the National Ordinance Ombudsman, the Ombudsman considers it prudent to issue recommendations to the Prime Minister, which are applicable for the government in general to promote propriety and good governance.
‘1) Government should at all times lead by example and adhere to the rule of law and standards of proper conduct; 2) Government should actively and adequately gather comprehensive advice and information on issues affecting the general interest of the people; 3) Government should consider creating a mechanism by means of a pool of experts to function as an independent ‘think thank’ to brainstorm with and advice government on complex issues that may affect the country and people of Sint Maarten; 4) Government should actively and adequately inform the public on issues pertaining to the general interest of the community, and do so promptly to encourage citizens to develop informed opinions and to avoid misunderstandings; 5) Government should seek to make use of section 3 of article 33 of the Constitution promptly, as well as implement other regulations and rules to address the issues reflected in the National Decree to dissolve Parliament, signed as a result of the conflict ensued in response to the Principle of trust; 6) Government should respect the Constitution at all times, and should see to it that the powers and bodies of the State provided by the Constitution are not undermined from within.’
“As a young country we need to follow the rule of law. If that is not followed, we lose credibility and looked at in a negative light and that will reflect on our governance,” MP Maurice Lake said on Thursday in a press statement.