News that Prime Minister Luc Mercelina formally submitted legal advice concerning the constitutional role of the Governor of St Maarten to the Council of Ministers. Governor Ajamu Baly and Parliament (see related story) raise questions. Prepared by constitutional expert Arjen van Rijn, it was commissioned following developments in January 2026 regarding the handling of an administrative matter and associated decision-making processes within government.
The related release specified neither which specific occurrence was cited, nor what the governor’s involvement had been. It said the report provides a detailed legal analysis of the governor’s dual role as both the constitutional head of the Government of St. Maarten and representative of the Dutch Kingdom, further examining the limits of the governor’s authority within that framework and the principle of ministerial responsibility.
In last week’s press briefing the prime minister said a senior official had been presented with a national decree, but stopped short of mentioning the person’s name and function or details of the case pending an ongoing investigation. However, it’s obvious he was referring to Minister of Public Health, Social Development and Labour VSA Richinel Brug’s Chief of Staff Suënah Laville-Martis, suspended as part of a probe into alleged conflict-of-interest concerns linked to a consultancy arrangement involving her husband.
She had earlier been barred from the Government Building due to what Mercelina considered threatening behaviour but was later vindicated in court. What makes all this extra poignant is that both he and Brug represent the same United Resilient St. Maarten Movement (URSM).
“This advisory provides critical guidance on the proper functioning of our constitutional system. It reinforces a fundamental principle: that the elected Council of Ministers carries the political mandate and responsibility to govern, and that this mandate must be respected at all times,” added the statement.
The advisory reportedly concludes that certain actions taken during the January 2026 events exceeded established constitutional boundaries and risked undermining the political primacy of the Council of Ministers. Mercelina reaffirmed that actions taken are to protect institutions.
“This is not about individuals; it is about safeguarding the integrity of our democratic institutions. St. Maarten is a constitutional democracy, and we must ensure that the separation of roles and responsibilities remains clear, respected, and upheld.”
The prime minister further stressed the importance of learning from the situation and preventing future ambiguity. “We have a responsibility to address this matter with maturity and resolve. Clear constitutional boundaries are essential to good governance. Where those boundaries are tested, it is our duty to reaffirm them decisively and constructively.”
The Mercelina II Cabinet is now to deliberate on the document, but it will be interesting to see if any response comes from the Governor’s Office. This seems like a rather thorny issue that might well come up in the Kingdom Council of Ministers RMR in The Hague too.
