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Governor requests judges to evaluate positions in ongoing political impasse

~ To provide advice in five working days ~

 HARBOUR VIEW--Governor Eugene Holiday has requested that “a special panel of three judges” from the Joint Court of Justice of Aruba, Curaçao, St. Maarten and Bonaire, St. Eustatius and Saba and the Constitutional Court of St. Maarten “evaluate the constitutionality of the implementation of the political positions” in the current impasse between Parliament and the Marcel Gumbs Cabinet.

Due to the urgency of the situation, the panel has been requested “to provide an advice within five working days.”

The “independent” panel is specifically requested to evaluate the Constitution in the context of the country’s Constitutional Law to “provide a clear legal position regarding Articles 33, paragraph 2; Article 40; paragraph 2 and Article 59 of the Constitution.”

The Governor met with all parties involved in the impasse on Friday to inform them that he deemed it “prudent” to install the special panel to obtain an urgent advice Read more

Dissolution decree corrected, sent back to Governor for his signature

PHILIPSBURG--It looks like elections on December 8 may still be in the cards. The Marcel Gumbs Cabinet has made adjustments to its draft national decree to dissolve Parliament and has sent it back to Governor Eugene Holiday for his signature.

The draft decree was sent to Holiday on the night of September 30, hours after the new National Alliance (NA)-led coalition passed a motion of no confidence against the seven-member Cabinet Read more

Cuba in cash crunch due to low commodity prices, Venezuela woes

HAVANA--Low commodity prices, a drought at home and Venezuela's economic crisis have created a cash shortage for Cuba's Communist government, restricting its ability to trade just as it could be taking advantage of an economic opening with the United States.
  State companies have cut imports and are seeking longer payment terms from suppliers, diplomats and foreign business people say Read more

Focus needs to be on fighting crime & helping unemployed

Dear Editor,

With all of the political situation on the island, we can't lose focus on some of the issues affecting our economy and neighbourhoods, especially with the spate of crime on the island.

Education is key to fighting crime by starting with the young generation, by teaching them morals and values within the school system. We have a lot of houses but few homes in the community and we need to get back to basics where it concerns fighting crime, but also preventing crime on this island by improving our rehabilitation centre where young prisoners, when released early from jail, work them slowly back into the community so they can be productive citizens within society again.

Prison is becoming like a merry go around for a lot of youngsters where they come out and go right back to crime and then back to prison Read more

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Nadal trounces Wawrinka, Djokovic tames Tomic

CHINA-- Former world number one Rafa Nadal displayed more signs of a return to top form with a ruthless 6-2 6-1 hammering of Stan Wawrinka and was joined by Novak Djokovic in the Shanghai Masters semi-finals on Friday.
  World number one Djokovic, twice champion in Shanghai, was tested by Australian Bernard Tomic before winning 7-6(6) 6-1 to stay on course for a ninth title of the year having picked up his eighth last week in Beijing.
  "It was a very good first set," Djokovic told the ATP website (www.atpworldtour.com) Read more

SHTA poll: Businesses want anti-ship-jumping legislation

Click here for SHTA graph pdf

PHILIPSBURG--The St. Maarten Hospitality and Trade Association (SHTA), in light of the “current political dilemma,” invited its members to take a poll which showed that the largest single group of respondents wish both for new elections and for new legislation to prevent political “ship-jumping.” However, new legislation was the strongest sentiment expressed overall.

Responses quickly started coming in for the one-question survey sent out to members by e-mail on Tuesday and SHTA released the results on Thursday Read more

Editorial - Anybody’s guess

Governor Eugene Holiday has decided to seek legal clarity on the current constitutional impasse. That’s the gist of a press release from his cabinet at Harbour View on Friday evening.

He did so rather than either signing into law the Marcel Gumbs cabinet’s national decree to dissolve Parliament and call early elections, or sending it up to the Kingdom Council of Ministers for annulment, allowing the recently established NA/DP/USP/Matser/Lake coalition to form a new Government Read more

Home in Belvedere housing project reaches highest point

BELVEDERE--St. Maarten Housing Development Foundation (SMHDF) celebrated another milestone in its on-going social housing construction project, reaching the highest point of a dwelling-in-construction with a rafter-wetting ceremony on Friday afternoon. Construction began in August.

During the short ceremony, it was also announced that the project is two-and-a-half weeks ahead of schedule and that in addition to the eight planned houses which will go up for sale, another building will be added, which will be made available for rent.

The newly announced plan entails a building with four modern one-bedroom apartments, aimed at students returning home to St Read more

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Manzoni officially installed as Gendarmerie Commandant

MARIGOT--Sébastien Manzoni was officially installed as Commandant of the Gendarmerie for St. Martin and St. Barths on Thursday in a ceremony at the La Savane compound.

Manzoni took up his post in St. Martin on August 1, however, the ceremony was delayed due to a similar ceremony for his superior, Colonel Jean-Marc Descoux, which had to take place first in Guadeloupe.

The ceremony on Thursday was presided over by Colonel Descoux who wished Manzoni success, noting the post of a Commandant is a difficult job that rarely allows time off due to the level of crime manifesting itself on a daily basis Read more

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Law-quirk mended by retroactive Rent Committee appointments

PHILIPSBURG--An interesting quirk in the law came to light in late June, whereby St. Maarten Rent Committee decisions since 10-10-10 could be deemed voidable because none of the committee members had been appointed by National Decree (“Landsbesluit”) since then. The Daily Herald has now learned that the appointments have been made by decree, retroactively.

At the time, attorney Joeri Essed of BZSE Attorneys at Law posted to the company’s blogsite that the Court of First Instance had nullified a Committee decision on this basis, and that although it said possible retroactive appointments could validate some decisions, “the playing field is now open for those who have been negatively affected by a decision of the Rent Committee that has been taken after October 10, 2010.”

“On April 13, 2015, the Court...in its capacity of appellate court for decisions taken by the Rent Committee, passed a judgment that may very well have great implications for all decisions taken to date by compositions of the Rent Committee in which one or more of the committee members have not been appointed by Country Decree...”

The grey area provided “food for discussion among legal professionals,” he had posted.

In an invited comment at the time, Ministry of Public Housing, Spatial Planning, Environment and Infrastructure VROMI Secretary-General Louis Brown told The Daily Herald that now-former VROMI Minister Marcel Gumbs had approved a proposal to appoint members, and forwarded this to Governor Eugene Holiday for signing on June 22.

According to the new information, the Governor issued the decree on August 28, and this was signed off by VROMI September 29.

The Committee should comprise three members, including a Chairman Read more

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I Am King forum hones in on empowering young men

DAWN BEACH--Nearly 200 young men attended a motivational and interactive I Am King Men's Empowerment Conference on Thursday, where they were addressed by a number of speakers, shared issues affecting them in groups, and interacted with facilitators.

The day-long conference centred on topics affecting male youth focusing on personal development. Keynote speaker Shane “Rizon” Gibson, an international Caribbean/ Gospel musician and sportsman, was given a standing ovation for his words, which focused on advice to the young men in their development into driven and accomplished adults.

Advice included training in the right habits, visualising goals, having heart, not giving up, having a mentor and speaking mindfully Read more

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Sarah elected new Parliament Chair in spite of De Weever’s cancellation

PHILIPSBURG--Democratic Party (DP) leader Member of Parliament Sarah Wescot-Williams is again at the helm of Parliament. She was elected Parliament Chairwoman by the new National Alliance (NA)-led coalition in an extraordinary meeting of Parliament on Thursday evening Read more

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Government has ‘autonomous right’ to dissolve Parliament

~ Governor wrote in 2013 letter ~

PHILIPSBURG--“The right to dissolve Parliament by national decree is a constitutional and autonomous right of the Government,” wrote Governor Eugene Holiday in a letter dated May 16, 2013, to then-Prime Minister Sarah Wescot-Williams when she tried to stopped the then-National Alliance (NA)-led Council of Ministers from invoking Article 59 of the Constitution.

The letter came to light this week as political tension intensified between the newest NA-led coalition with a majority in Parliament and the UP/De Weever/Marlin-Romeo-supported Council of Ministers, after the crumbling of the United People’s (UP) party-led coalition.

The current Marcel Gumbs Cabinet has held tight to the view that it is its right to dissolve Parliament in the face of the shifted majority in Parliament Read more

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De Weever cancels NA meeting, cites safety, security challenges

PHILIPSBURG--Second Deputy Chairman Cornelius de Weever has cancelled the Parliament meeting called by the new National Alliance (NA)-led coalition for today, Thursday, at 6:00pm citing in a letter to Members of Parliament (MPs) “the current safety and security challenges.”

The new coalition had decided to bypass submitting a request for a Parliament meeting to De Weever and had instead sent out on convocation letter on Wednesday to all MPs directly to attend an “urgent meeting” today.

The meeting had as its main agenda point the appointment of a chairperson, and a second deputy chairperson.

The letter, signed by the eight MPs of the new coalition, stated “in view of the recent developments” during meetings of Parliament, they have “all agreed” that today’s meeting would be chaired by MP George Pantophlet (NA).

De Weever in his letter to the MPs this afternoon said he took note of meeting time Read more

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New coalition calls Parliament meeting for today at 6:00pm

PHILIPSBURG--The new National Alliance (NA)-led coalition has decided to bypass submitting a request for a meeting of Parliament to Second Deputy Parliament Chairman Cornelius de Weever, and instead has sent out a convocation letter directly to all Members of Parliament (MPs) to attend an “urgent meeting” today, Thursday, in Parliament House, starting at 6:00pm.

The meeting has as its main agenda point the appointment of a chairperson and a second vice-chairperson Read more

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Protest against Ministers draws only a small crowd

PHILIPSBURG--The angry sentiments expressed on radio and in some quarters of the community against the Marcel Gumbs Cabinet for not resigning in the face of the September 30 motion of no confidence passed by the new National Alliance (NA)-led coalition did not translate into a large turnout for the protest in front of the Government Administration Building on Wednesday morning.

Some people on the scene are planning to return to the site again today, Thursday, for similar action Read more

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Gendarmerie stands guard as burglary gang appears in court

MARIGOT--The Gendarmerie flexed its muscles as a precaution against any trouble as six burglary suspects, all adults ages nineteen to 25, appeared together in court on Wednesday to hear charges against them for a series of burglaries committed from May to July this year.

Five of the suspects implicated in the burglaries were arrested on Monday along with a sixth individual who was not involved in the burglaries, but was known to the other five and arrested for weapons possession.

Capitaine Emmanuel Maignan said the robust Gendarmerie presence outside and inside the courthouse was due to the number of supporters and friends of the suspects who had gathered at the café opposite the courthouse an hour before the court appearance and had been seeking information since Monday on why the arrests had been made.

Rue Palais de Justice was closed and occupied by Gendarmerie vehicles while the hearing was in progress inside the courthouse Read more

Former MP De Weever stands trial for stealing blogger’s tablet

PHILIPSBURG--Former Member of Parliament (MP) Petrus Leroy de Weever (61) stood trial Wednesday on allegations he had stolen blogger J.R.’s tablet during an altercation on Front Street on January 11, 2014.

The Prosecutor’s Office considers the case proven and requested that the Court sentence the senior politician to payment of a NAf Read more

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Protest against ministers draws only small crowd

PHILIPSBURG--The angry sentiments expressed on radio and in some quarters of the community against the Marcel Gumbs Cabinet for not resigning in the face of the September 30 motion of no confidence passed by the new National Alliance (NA)-led coalition did not translate into a big turnout for the protest in front of the Government Administration Building on Wednesday morning Read more

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Do we serve democracy by not holding new elections?

Dear Editor,

Much has been said about the matter of a motion of no confidence in the members of the Gumbs I cabinet by the Parliament of St. Maarten. There has also been much said about that same cabinet's choice not to resign and call for new elections. The prevailing question is "Even if there is an election, what fundamental difference will it make, especially in the light of the fact that the laws relating to the exact process after such a motion of no confidence is passed have yet to be created, and the fact that there will still be no rules to prevent the ship jumping that has led to this point and preceded other changes in government?" This letter seeks to advance two arguments in favor of these new elections Read more

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First opening games tied as football season starts

MARIGOT—In an unusual start to the new football season Champ of Champs competition on the French side, the first two “curtain raiser” games on Sunday at the Alberic Richards Stadium both finished in draws.
  The U15 match between 2014-2015 champions Juventus against Flamingo and the Seniors match with champions Junior Stars versus President’s Cup winners Attackers both ended in a 2-2 draw.
  Préfète Anne Laubies attended the opening ceremony wishing St. Martin Football Association (SMFA) and players much success for the season before symbolically kicking the ball to initiate the start of the first match between Juventus and Flamingo.
  Opening remarks were also made by SMFA President Fabrice Baly and former Sports Commissioner (2007-2011), Jean-David Richardson, a former player with Black Stars.
  Richardson praised the parents for keeping their children focused on sports when there are so many other distractions, not all healthy, and congratulated the referees, coaches, trainers for their contribution to football.
  Fabrice Baly in his address, said: “My wish for players is to remain respectful and humble; my wish for you is to be proud of your identity and flag/country you are representing; my wish for you is to never give up, to excel and be ambitious, and never to forget that football can make you a better person.
  Lou Baly of the Arbitration Commission noted the 2014-2015 competition had eight teams in the U13 division, eight teams in the U15, five teams in the U17, and six senior teams Read more

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Editorial - Something has to give

The latest news last night in the ongoing constitutional saga was that the “new majority” has organised a Parliament meeting of its own to elect a new president, vice-president and second vice-president in place of those of the former UP-led coalition. This obviously will not be a “regular” meeting called by the secretariat on the instruction of the current chairperson and the legality of any decisions taken consequently will no doubt be questioned by those who favour dissolving the legislature and going back to the polls.

When the same thing happened in Curaçao in 2012, the new majority’s gatherings created a situation where at one point there were two different persons claiming to be President of Parliament Read more

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PRESS RELEASE Council of Ministers invites Parliamentary Faction Leaders for a Meeting

PRESS RELEASE For Immediate Release: Tuesday, October 13, 2015/N163

Council of Ministers invites Parliamentary Faction Leaders for a Meeting on Finding Solutions for Stability in Government

PHILIPSBURG – Prime Minister Marcel Gumbs, announced on Tuesday that he has extended an invitation to all parliamentary faction leaders for Wednesday, October 14th at the Government Administration Building Read more

Sams, Connor have no plans to resign

Ernest Sams and Claret Connor

PHILIPSBURG--Tourism and Economic Affairs Minister Ernest Sams says there’s “no truth whatsoever” to the rampant talk in the community on Tuesday about his supposed plan to resign from his post. 

  His colleague Minister of Public Housing, Spatial Planning, Environment and Infrastructure VROMI Claret Connor has also batted down similar talk saying: “I respect this office and I will not get into any public debate” on “public melee.”

  The country, he continued, is “already dealing with the impasse” between Parliament and the

  Connor, who has been a minister since December 2014, added, “I was born and raised in Philipsburg Read more

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