Symister rubbishes claims that House Speaker has the discretion to reject the resignation of former MP Simon

Attorney Leon Chaku Symister is refuting claims being made in
certain quarters that the Speaker of the House can refuse to accept
the resignation of Kelvin “Shugy” Simon as parliamentary
representative for St. Mary’s South.

Contrary to the propaganda coming from a particular media house,
Simon handed in his resignation at the law office of Sir Gerald Watt,
KC, on Wednesday morning, June 7, and issued a public statement on
the matter shortly after.

Symister says that Sir Gerald has no cause to reject the resignation,
since the Constitution of Antigua and Barbuda is very clear on the
grounds on which an MP may resign from the House.

Citing a portion of Section 41, Sub-section 2, of the Constitution,
Symister notes that after a seat becomes vacant, a by-election must
be held no later than 120 days. But no question arises on whether
the Speaker of the House can choose not to accept a Member’s
resignation.

In any case, the attorney says, a person has the right not to continue
with their employment or position if they so chose, and therefore
there cannot be any rejection of a resignation.

Symister also puts to rest the claim made by State media that the
Speaker has discretionary powers to refuse Simon’s resignation. He
says the Constitution or the Parliament’s Standing Orders speak to
this.