End of the political road for Bas

BASDEO PANDAY’S long term as Opposition Leader has come to a tragic end. According to an eminent constitutional scholar, the minute Chief Magistrate Sherman Mc Nicolls delivered a two-year prison term, Panday ceased to hold the office of Opposition Leader.

Sources stated yesterday that Couva South MP Kelvin Ramnath, was tipped to replace Panday as Opposition Leader.

The constitutional expert pointed out that the legal position was clear. With a two-year sentence hanging over his head, Panday cannot carry out any of the duties of an MP — such as attending Parliament sittings or sitting on Parliament Committees.

The expert stated however that he (Panday) was not required to vacate his seat as a member of Parliament, having given notice of an appeal. But according to Section 83 (3) (d) he automatically vacates the office of the Opposition Leader.

Section 83 (3) (d) states, “The office of the Leader of Opposition shall become vacant where by virtue of Section 49 (3) he (the MP) is required to cease to exercise his functions as a member of the House of Representatives”.

Section 48 (d) and 49 (3) state that an MP cannot exercise the functions of a member of the House of Representatives once he receives a sentence (“exceeding 12 months imposed on him by a court...or is under such a sentence of imprisonment the execution of which has been suspended”. In such an instance the MP “shall forthwith cease to perform so however that, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of 30 days thereafter.”

Sources explained that while it was possible to continue holding office as a member of Parliament, while not exercsing the duties of an MP, it would be impossible to do the same with the Opposition Leader’s position — that is, not to perform the duties, and yet continue to hold that office. This is because the Opposition Leader fulfils certain vital roles, critical to the governance of the nation.

The President of the country for instance is required to consult the Opposition Leader on key appointments. If therefore someone purporting the hold the office of Opposition Leader is constrained from discharging the functions of the office (as a consequence of a prison sentence), he has to vacate his office because the President cannot consult with the Opposition Leader as required, in the making of certain critical appointments.

It is expected therefore that President Professor Maxwell Richards would be moving to make a new appointment.