Confusion galore in the government

Apr 04, 2019 Features / Columnists, Peeping Tom

The government continues to make missteps because of its failure to think through decisions properly. In rushing to satisfy one requirement of the law, consideration has to be given to all of the ramifications of that decision.
As such, all the implications should be addressed. Unfortunately, this is not happening within the government, and it has ended up tripping over its shoelaces.
On Tuesday, it was announced that the resignations of four Members of Parliament (MPs) on the government side had been accepted. That statement, however, was not clear as to what was accepted – the resignation of the persons as Ministers, or as both Ministers and MPs. It is obvious that the President has no authority to accept any resignation of an MP. He only can accept the resignation of a Minister.
A second statement was issued yesterday, adding further confusion to the developments. That statement averred to the President accepting the resignations of four coalition government MPs, but that the resignations would not take immediate effect until all processes are complied with. This statement seems to imply that the President was speaking about these persons’ resignations as Ministers not taking immediate effect.
The government is in total confusion on this issue. Yesterday’s statement tends to suggest that until the resignations of the MPs are accepted by the Speaker and replacements are appointed, only then will the resignations as Ministers take effect.
It seems as if the government is missing the point that there is need for resignations. Dual citizens, by virtue of the declarations of the courts, are automatically disqualified from being MPs and consequently from being Ministers. Once a person is not eligible to sit in the National Assembly that person cannot sit as a Minister. There is no need for any processes other than notification.
Resignation does not arise. By operation of law, once a person is a dual citizen, that person can no longer sit as an MP. A person who is ineligible to sit in the National Assembly does not need to resign; that person is disqualified from sitting by operation of law. Resignation is not required.
A person who is not a member of the National Assembly cannot sit as a Minister. Therefore dual citizens cannot sit as Ministers.
But to add to the imbroglio, it is now being suggested that the three APNU Ministers will renounce their foreign citizenship. If this is the case, then there was no need for them to have resigned in the first place.
Once they plan to renounce their citizenship, they will become eligible to sit in the National Assembly, and also to perform the functions as Ministers of the government.
It now appears as if the implications of the decision to resign as MPs were not fully understood. It appears as if there was the view that these persons could still be Ministers, notwithstanding the statement by the government that they had resigned as MPs.
What we have had coming out of the government were two hopelessly contradictory statements. The first indicated that the resignations of four coalition government MPs had been accepted. As pointed out before, the President cannot accept any resignation of MPs – that is for the Speaker. But also, a dual citizen is automatically disqualified and therefore the need for resignation does not arise.
Now that it is being reported that three Ministers propose to renounce their citizenship, it means that there is no question about the legality of them performing the functions of Ministers. As long, as they renounce their foreign citizenship, they are qualified to remain as Ministers and MPs.

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