Comprehensive approach

Member of Parliament (MP) Rodolphe Samuel of the National Alliance has a point (see Wednesday paper). Councils of Ministers against which no-confidence motions are passed apply Article 59 of the Constitution to also send home the legislature in retaliation.

They do so despite the existence of a majority that must in principle be honoured as part of any parliamentary democracy. This dissolution option obviously meant as safeguard against political impasses and frivolous “on a whim” changes in government is thus being misused.

Samuel basically says Parliament should not be dissolved by an outgoing cabinet if there is a new coalition or one can be formed within 30 days. His proposed adjustments would require support from a two-thirds majority.

But there is another side to the story. Let’s face it, frequent “ship-jumping” for sometimes dubious and often opportunistic reasons is at the root of the problem.

The individualistic nature of local politics has a lot to do with governmental instability and an unusual number of elections. St. Maarten has experienced a return to the polls practically every two instead of the normal four years since country status was attained per 10-10-10.

A big factor is the “free mandate” concept within the Kingdom of the Netherlands allowing elected representatives to always act in good conscience as included in the oath they take, without fear of reprisals. They can thus leave the party and keep their legislative seat.

But candidates on the island also switch parties it seems like dirty underwear and have been accused of what was termed “list shopping” by choosing the one they feel at that time gives them the best chance of getting voted into office. It’s thus not necessarily a matter of ideology or even certain common ideas.

Contributing to all this too is the so-called Lynch Law whereby the seats each party gets due to election results are allocated according to number of personal votes. In the other Dutch Caribbean countries Aruba and Curaçao the position on the list determines that, unless someone earns a seat outright.

Consequently, it appears local political organisations are less structured, with leaderships that lack effective control. Perhaps reversing what was no doubt a well-intended move to enhance democracy should be part of a more comprehensive approach to political and electoral reform.

The Daily Herald

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