Symister declares that any MP can resign and cites Section 41’s ‘any other reason’ provision in support

Attorney-at-law Leon Chaku Symister is holding the view that any
elected Member of Parliament can resign his position.
This contradicts the House Speaker’s claim that neither the
Constitution nor the Standing Orders of the Parliament make
provisions for such an act.

Simon tendered his resignation to the Speaker last Wednesday, June
7, and Sir Gerald Watt rejected it on Monday, June 12, claiming that
it does not conform with constitutional provisions.
Symister says that Section 41 of the Constitution provides for a
number of ways in which an MP can vacate his seat; and, yet, this is

One of the sections relied upon by the Speaker for his rejection of
Simon’s resignation.

The attorney notes that Subsection 2 of Section 41 speaks to the seat
of an elected member being vacated for “any other reason” than
those listed – other than the dissolution of Parliament.

Accordingly, he says there should be a by-election to fill the vacated
seat – of St. Mary’s South – no later than 120 days after the seat
became vacant, unless Parliament is dissolved sooner.

Symister recounts a number of resignations from the Lower House
taking place back in 1984, following elections that same year.