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PHILIPSBURG – Governor Ajamu Baly has sent a tersely-worded reaction to the Council of Ministers in reaction to legal advice from constitutional scholar Prof. Arjen van Rijn. In that advice, Van Rijn concluded that the governor overstepped his authority by attending meetings of the Council of Ministers, even labeling his behavior as “unacceptable.”
Governor Baly states in his letter dated March 27 explicitly that he did not act outside the authority of ministers by not signing a draft national decree that suspended a civil servant. The person the governor alludes to is Suëna Laville-Martis who reportedly had a dispute with prime Minister Luc Mercelina. The latter reacted with disciplinary measures that ultimately resulted in her suspension.
“I did not sign, and this is completely ignored in Van Rijn’s advice, because there was a serious difference of opinion between two ministers about the question whether I could and was authorized to sign,” the governor states in his letter. “Your council is aware of this conflict. It is not up to the governor to choose in favor or against one or more ministers who are involved in the issue. Constitutionally, based on article 39, paragraph 4, it is exclusively up to the Council of Ministers to take a decision. That is what also happened.”
The governor furthermore denies that he banned two ministers from a Council-meeting: “I have urgently advised them not to be there.”
The Council accepted the governor’s advice by debating and deciding about the issue in the absence of the two ministers.
Furthermore, the governor contests Van Rijn’s opinion that it is unconstitutional for the governor to take part in meetings of the Council of Ministers. In this context he refers to article 39, paragraph 5 of St. Maarten’s constitution.
“St. Maarten’ constitutional legislation does not set content-related or formal limits to the participation of the governor in meetings of the Council of Ministers,” the governor points out. “As you know, during both meetings on January 16 and 26, I have carefully abided by the limits of constitutional legislation. The Council, not I, has taken decisions during both meetings that were necessary to restore unity in the government’s policy.”
At the end of his letter, Governor Baly calls for peace: “I trust that this reaction benefits the continued debate about this issue.”
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