By-Election by December/January to fill 5D seat
Legal experts say the 2007 Constitutional Order itself, does not deal with by-elections, the matter arises under the Election Act, 1994.
The 2007 Constitution only deals with vacancies, and it is believed that the British Overseas Territory of the Virgin Islands’ (VI) process, is somewhat different from the United Kingdom (UK).
In reading Erskine May, Parliamentary Practice, 23rd Edition, there is a specific process outlined when a member of the UK House of Commons dies in office.
There is no similar provision under the VI Constitutional Order or the Standing Orders.
In fact, the only provision under the Constitution that would allow for a vacancy upon death, is under Section 67 (3)(B) by virtue of being absent for a period prescribed by the Standing Orders.
By virtue of Standing Order 84 (2), the period is Three consecutive sittings in any one session, without leave of the Speaker.
By-Election is law?
Therefore, after the next three consecutive sittings, (there has been two consecutive Sitting since the late legislator’s passing), the seat for District Five becomes vacant and the Election Act, 1994, then kicks in.
It would then require a Writ of Election to be issued, by the Election Office.
With the untimely demise of Hon Lettsome-Christopher, a dead person is not qualified for election and as a result, section 67(3)(C) kicks in, so that upon proof of death, her seat will automatically become vacant.
Word from senior National Democratic Party (NDP) sources is that a by-election is being discussed for December of this year or by January 2019.
Many political observers were hoping that the wounded NDP would have gone to a General Election, which they must hold before August of 2019.
However, if they call a by-election, it could also signal the formal breakup of the NDP that has been in a state of confusion since Honourable Myron V. Walwyn (AL), became the party’s ‘Boss.’
Health and Social Development, Minister Honourable Ronnie W. Skelton (AL ), who lost his bid for party Chairman, is in discussions and planning sessions about his own party and wish not to be led by Hon Walwyn, who is now the Co-Leader of government business in the House of Assembly (HoA).
Front runner in the 5th?
It means that in a by-election for the D5 seat, the Walwyn wing will put up a Candidate in the 5th, believed to be former Legislator, Elvis J. Harrigan and Hon Skelton, with his new breakaway group Virgin Islands Alliance (VIA), will allegedly put up Comptroller of Customs Mr Wade N. Smith.
While the two names Harrigan and Smith are just speculations, the Opposition Virgin Islands Party (VIP) has confirmed Mr Kye M. Rymer to run in District 5.
It is unclear, if the break away group from the VIP headed by Honourable Julian Fraser RA (D3), will add a Candidate.
His group is called Progressives United (PU).
There is also talk of the return of the United Party, as well as independent Candidates expected to compete in the District Five, by-elections.
With the Smith-led Administration in disarray, and now burdened with the label of the most corrupt government in the history of the VI, many are awaiting to see how a by-elections will unfold.
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