Panday’s political future on the line

In terms of its implications for Panday’s political career, the outcome of his "Integrity" trial has the potential to deliver a fatal blow to the political life of the veteran.

The chairman of the UNC is facing three criminal charges under the Integrity in Public Life Act. He is being accused of knowingly making a false declaration to the Integrity Commission by failing to declare a London bank account for the years ending 1997, 1998 and 1999.

The penalties for any crime under the 2000 Integrity in Public Life Act, passed during the UNC’s tenure, are severe. Anyone found guilty of any of the offences is liable to a fine of $250,000 and to imprisonment for ten years. Under the act, the State also forfeits the property or asset in contention, if it is local; and if it (the asset) is overseas, the person has to pay to the State the value of the asset.

If Panday is exonerated of the three charges, political business continues as usual.

Once he is found guilty and sentenced for the period of more than 12 months, according to Section 48 of the Constitution, he is automatically disqualified from serving as a member of Parliament. Section 48 (1) states "No person shall be qualified to be elected as a member of the House of Representatives who is serving a sentence of imprisonment exceeding 12 months imposed on him by a court or competent authority."

Under 49 2 (d), if someone is disqualified as a candidate for sitting in Parliament, even if the person is already elected, he is automatically ineligible to continue serving as an MP.

Under Section 49 (3), Panday, once he is found guilty, ceases "forthwith" to perform "his functions as a member of the House."

It means that Panday would automatically lose the position of Opposition Leader and will also be unable to take part in any proceedings of the Parliament.

He is able to keep his seat for a period of 30 days in the first instance. "He shall not vacate his seat until the expiration of 30 days," according to Section 49 (3). The Speaker can extend this period to enable the member to pursue an appeal, according to Section 49 (4). However, the Speaker’s power is only limited to 120 days. After that, the House is the only competent authority to grant him further extensions to pursue his appeal. Once the appeal is determined and he is still under sentence and further appeal is no longer open to him, or he refuses to appeal, he shall forthwith vacate his seat, according to Section 49 (5). If, however, the appeal goes in his favour, his seat shall not become vacant and he can resume the performance of his functions as a Member of Parliament.

Effectively, all this means that, in the event that Panday is found guilty and is sentenced, he will no longer fulfil the constitutional requirement for holding the office of Opposition Leader.

According to Section 83 of the Constitution, the Office of the Leader of the Opposition shall become vacant where "the holder thereof ceases to be a member of the House of Representatives for any cause other than a dissolution of the Parliament."

Political pundits say that the road should be clear for Political Leader Winston Dookeran to assume the position of undisputed leader, resolving the whole problem of dual leadership within the party.

Whatever happens, one thing is sure — the UNC, PNM and the country will have to prepare for a new dispensation within politics if Panday is convicted and sentenced.