What's next for Nevis?

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Published on Tuesday, 28 August 2012 12:21

Written by Clive Bacchus

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St. Kitts and Nevis (WINN):  The Court of Appeal ruling that the 2011 election in Nevis' St John’s District was invalid and void has removed Deputy Premier Hensley Daniel from office and left that constituency without a representative.  It has the effect of leaving the ruling Nevis Reformation Party and the Opposition Concerned Citizens Movement with two seats each.

Callers to WINN are asking about the options on the table for the Nevis Reformation Party.  WINN sought legal advice on the matter and was told the following: 

The judgment does not bring down the Premier or the current Nevis Island Administration but, his election to the Nevis Island Assembly having been declared invalid and void, Mr. Daniel automatically lost office as a Minister of the NIA. 

Section 48 of the Constitution now governs the election of a representative for the constituency of St. Johns, Nevis.  That section requires that a by-election for a representative of that District be held within 90 days of today unless the Nevis Island Assembly is sooner dissolved.

The Nevis Island Assembly may be dissolved at any time within its five year term by the Governor-General acting in accordance with the advice of the Premier. 

In effect therefore the Nevis Premier has the option of dissolving the Nevis Assembly and calling a general election rather than a by-election.  If he exercises that power then a general election must be held in Nevis at such time within 90 days after the dissolution as the Governor-General may appoint.  In that regard the Premier also controls the election date.

In effect the current NIA can, if the Premier wishes, remain in office for another 179 days from today without a representative being elected to represent the constituency of Nevis St. Johns.

In relation to the Supervisor of Elections, WINN FM has been told that the Supervisor is appointed by the Governor-General acting in his own deliberate judgment after consulting the Prime Minister, the Premier and the Leader of the Opposition.  The Governor-General can likewise remove the Supervisor from office.

Registration Officers are appointed by the Supervisor of Elections and may be removed by him.

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