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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

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

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

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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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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New coalition says De Weever acted illegally, calls for urgent meeting

PHILIPSBURG--Second Vice-Chairman of Parliament Cornelius de Weever performed an “illegal act” when he chaired Tuesday’s plenary session of Parliament and closed it swiftly without giving Members of Parliament (MPs) the possibility to react, say representatives of the new coalition in Parliament.

After De Weever closed the session they submitted a request for an urgent meeting of Parliament to talk about his “illegal act” as well as “the consequences for the functioning of Parliament and for the representation of the people of St Read more

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New coalition wants ministers to resign before talks on stability

PHILIPSBURG--Prime Minister Marcel Gumbs’ invitation to faction leaders in Parliament to meet separately with him today, Wednesday, in an attempt to get “support for solutions for stability in government” has been rebuffed by members of the new coalition in Parliament.

In response to Gumbs’ invitation to meet, faction leaders Members of Parliament (MPs) William Marlin (National Alliance), Sarah Wescot-Williams (Democratic Party), Frans Richardson (United St 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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De Weever seeks legal advice, suspends Parliament meeting

PHILIPSBURG--Second Deputy Parliament Chairman Cornelius de Weever took charge of one of the shortest Parliament meetings in the country's history on Tuesday and effectively thwarted the new coalition's move to appoint a new chairperson and two deputy chairpersons of Parliament.
  The meeting for which nine Members of Parliament (MPs) signed in, lasted approximately a minute and nine seconds Read more

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Supporters of new coalition plan peaceful protest Wed.

~ If govt. doesn’t resign by today ~

PHILIPSBURG--If the ministers in the Gumbs cabinet fail to make their positions available by today, Tuesday, supporters of the new majority coalition in Parliament plan to take to the streets in a peaceful protest tomorrow, Wednesday, to send a strong message to Government that they “cannot hold the country hostage any longer.”

The Daily Herald understands that the supporters of the new majority have given the Gumbs cabinet up to today to demit office, as a motion of no confidence against them was passed almost two weeks ago, on Wednesday, September 30 Read more

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PM weighs in on ‘political turmoil’

PHILIPSBURG--Prime Minister (PM) Marcel Gumbs issued a statement on Friday in which he weighed in on the current “political turmoil” that has gripped the country for just over a week since he and his cabinet members refused to make their positions available after Parliament passed a no-confidence motion against them on September 30.

In an address to the nation, Gumbs said the legal nature of the “crisis” was “very complicated,” and he wanted to “explain what is going on in plain St Read more

Kadaster manager occupying Conservator, Director roles

~Replacements expected at month-end~

PHILIPSBURG--Kadaster Manager Marcia Peterson has again, as of October 6, been sworn in as Acting Conservator of Mortgages (“Hypotheek Bewaarder”), as well as Acting Director – both roles held by Clemens Roos who was arrested June 24 on request of the Netherlands, but returned on August 18, after the Dutch Prosecutor’s Office granted a requested postponement of his sentence.

The postponement was meant to last until the expiration of his contract with the Kadaster, to “contribute to the Kadaster’s continuity,” as his attorney put it Read more

Prof. van den Berg in favour of dissolving

THE HAGUE--Constitutional and parliamentary law professor Dr. Joop van den Berg has come to the defence of St. Maarten Prime Minister Marcel Gumbs in the Council of Ministers’ decision to dissolve the St. Maarten Parliament. He is the third Dutch professor to do so.

Van den Berg stated in a brief letter to Gumbs on Thursday that he fully supported the advices of his colleagues, Professors Arjen van Rijn and Constantijn Kortmann, in relation to the legality of the National Decree to dissolve Parliament following the termination of the Council’s majority support in Parliament.

Van den Berg stated that he had studied Van Rijn’s and Kortmann’s advices as well as a number of relevant documents in relation to the current political crisis Read more

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Plasterk says he gave no order to Governor

THE HAGUE--Dutch Minister of Home Affairs and Kingdom Relations Ronald Plasterk said on Thursday that he has not ordered St. Maarten Governor Eugene Holiday to sign the National Decree to dissolve the St. Maarten Parliament and to convene new elections.

Plasterk dispelled rumours in certain media that The Hague was the reason Governor Holiday had not signed the National Decree the Council of Ministers, led by Prime Minister Marcel Gumbs, had sent to him last week following a motion of no confidence adopted by a majority of Members of Parliament.

"I didn't advise the Governor not to sign Read more

William tells Dennis to ‘do the right thing,’ ‘lead by example’ and resign

~ Govt. holding country, Governor hostage ~

PHILIPSBURG--National Alliance (NA) leader Member of Parliament (MP) William Marlin issued a firm call to Justice Minister Dennis Richardson on Wednesday to “do the right thing” and “uphold the constitution” by resigning, given the no-confidence motion passed against the Council of Ministers.

Marlin also accused Government of staying in office and deliberately stalling the process to buy time to make deals and further plunder Government-owned companies such as utilities company GEBE and the Harbour and to “fix deals” about issues such as the waste-to-energy plant.

He said Ministers still were travelling and squandering the country’s money while they should have made their positions available to pave the way for a new cabinet Read more

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Dennis says decision is being prepared on political situation

PHILIPSBURG--Deputy Prime Minister Dennis Richardson said on Tuesday that a decision is being prepared on the current political situation.

Richardson was acting in that capacity yesterday as Prime Minister Marcel Gumbs was ill at home. Richardson declined to divulge details of the decision being prepared, but he said Gumbs was “very clear” on his position about not resigning and about wanting new elections to be held.

Richardson said also that the Council of Ministers had received a second advice on the matter, but he declined to say from whom the advice had been received and what the conclusions of the advice were Read more

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