PHILIPSBURG – “I do not share your opinion that Member of Parliament Frans Richardson’s letters of credence have been wrongly approved,” President of Parliament MP Sarah Wescot-Williams writes in a letter dated April 12, addressed to stmaartennews.com journalist Hilbert Haar. The letter contains the reasons that underpin this opinion, but a crucial question remains unanswered.
Wescot-Williams acknowledges that, based on article 49 of the Constitution, being a resident of St. Maarten is a requirement for membership of Parliament. The national ordinance registration and finances political parties defines in article 1, without further ado, a resident as someone who factually lives in St. Maarten.
But the Parliament’s president found an escape route in article 1 of the electoral ordinance. Under b. this article establishes that residents are “those who factually have residence in St. Maarten – but there is more.”
Furthermore, the Parliament’s president writes, article 1 paragraph 2. is important because it provides an elucidation about residency. Wescot-Williams quotes this article as: “those who are registered as resident with an address in the basic administration personal data (Basisadministratie persoonsgegevens) shall be considered for the application of this national ordinance and for the execution of the relevant regulations, to have factual residence in St. Maarten.”
“This means that the (St. Maarten) address with which the resident is registered in the basic administration is leading,” Wescot-Williams writes,. “The Parliament takes the correctness of these data for granted and does not consider it its task to research the factual place of residence of the person concerned.”
However, Wescot-Williams’ letter leaves out a crucial element from the elucidation about residence that is quoted above. Article 1, paragraph 2 of the Electoral Ordinance states emphatically in a dependent clause: “unless there is proof to the contrary.”
That is, based on public information, exactly the case here, because when the anti-corruption task force did a search at Richardson’s house on February 14, that search was conducted, according to a press release from the prosecutor’s office “in Saint Martin” – therefore, on the French side of the island. This investigation proves without any doubt that MP Richardson factually lives on the French side of the island.
Wescot-Williams furthermore points out that the basic administration falls under the responsibility of the minister of general affairs – currently Leona Marlin-Romeo. “It is up to the minister of general affairs to make corrections,” Wescot-Williams writes. “For this reason I have cc’d the minister in this letter.” A copy of the letter was also sent to the cabinet of Governor Drs. Eugène Holiday.
Article 49.3 of the Constitution does not apply either, Wescot-Williams explains in her letter. That article establishes that membership of Parliament expires if an MP remains for longer than eight months abroad.
“The new parliamentary term just started on April 2, so an expiration of 8 months is simply not an issue. Secondly, considering the unique situation of St. Maarten whereby the borders between the French and the Dutch side are open, it will be difficult to determine that the MP actually remains uninterruptedly for longer than eight months in the French part and therefore abroad.”
