Dear Editor,
Abuse of authority, in the form of political corruption, is the unlawful misuse of legislated or otherwise authorised powers by Government officials.
1. His Excellency Governor Eugene Holiday’s attempt to cancel the LANDSBESLUIT Van de 28e oktober 2015, no. LB-15/0951 is UNCONSTITUTIONAL. There is absolutely no provision in the Constitution that gives the Governor the authority to cancel a published National Dissolution Decree. This Decree affects the fundamental rights of the citizens of St. Maarten contained in Article 23 of the Constitution of St. Maarten.
2. Furthermore, LANDSBESLUIT Van de 28e oktober 2015, no. LB-15/0951 still remains in force because of the following as well:
a. The new National Decree signed by him on December 14, 2015, was not published before 12:00am of December 15, 2015 and is therefore not in force and did not have its intended effect to replace the LANDSBESLUIT Van de 28e oktober 2015, no. LB-15/0951 which went into force as of 12:00am, December 15, 2015 according to Article 11 of the National Ordinance on Publication and Entry into Force
b. This new National Decree can only enter into force, after the day of publication of the National Gazette in which it was published. The Governor’s statement on his website that this new Decree enters immediately into force does not carry any legal weight. The Governor is subject to the Constitution, just like the rest of us. According to the Constitution of St. Maarten, Article 89 “The publication and entry into force of National Ordinances shall be regulated by National Ordinance. They shall not enter into force (until) they have been published.” According to the National Ordinance on Publication and Entry into Force, CHAPTER 2 Entry into force, Article 11, “National Ordinances, National Decrees, containing general measures, Ministerial regulations and orders of public bodies or independent administrative authorities shall enter into force from the third calendar month following the publication date if the regulation lacks a designation of the date of entry into force.”
The Constitution of St. Maarten becomes useless the moment the people of St. Maarten are willing to let someone abuse it and we are not going to let that happen here in St. Maarten.
Lisa Alexander
