PM Browne shakes hands with Anthony Smith/Photo by Wayne Mariette
EMOTIONS, ETHICS AND THE ANTHONY SMITH SAGA
By Charlesworth C. M. Tabor, B.A., M.Sc. LL.B., L.E.C.
Following the general elections on the 18th January, 2023 Mr. Anthony Smith was elected representative of the All Saints West constituency on a United Progressive Party (UPP) ticket.
On the 15th July, 2024 Member of Parliament Anthony Smith resigned from the UPP and became an independent member of Parliament pursuant to section 41 (1) (e) of the Constitution.
For clarity, section 41 (1) (e) states that “if, having been elected to the House by virtue of being a member of a political party, he resigns his party whip and withdraws his allegiance from the party: Provided that he shall not be required to vacate his seat so long as he remains an independent member of the House”.
The resignation of Anthony Smith from the UPP was a politically seismic phenomenon that have sent shock waves throughout the body politic of Antigua and Barbuda. However, the more dramatic and significant consequence of this saga was the appointment of Anthony Smith as a Minister of Government by Prime Minister Gaston Brown.
Moreover, the drama and significane do not reside in the appointment but rather the fact that his resignation from the UPP was a lifeline for a government that was in ICU on life support because of its one seat majority and the uncertainty of the continued membership of Sir Robin Yearwood in Parliament due to failing health.
Now, what of the appointment of Anthony Smith, an independent member of Parliament, as a Minster of government? And this is the question that this article will address because it has generated much debate in the media from the man on the street, political pundits, learned Kings Counsels and Antigua and Barudans for Constitutional Reform and Education (ABCRE).
With respect to the appointment of Anthony Smith as a Minister, this to my mind is clearly permissible under the Constituion. Section 69 (4) of the Constittion state that “The Ministers other than the Prime Minister shall be such persons as the Governor-General, acting in accordance with the advice of the Prime Minister, shall appoint from among the members of the House and of the Senate”.
Clearly section 69 (4) does not speak to the position of an independent member of the House.
If the framers of the Constitution intended that an independent member of the House should be excluded from consideration for the appointment of a Minister it should have so stated. In fact, it could have been stated in section 69 that despite the proviso in section 41 (1) (e) an idependent member of the House is ineligible to be appointed as a Minister. No such ineligibility provision exists and sections 41 (1) (e) and 69 must be taken together as the intention of the framers of the Constituion.
In my view what “independent” means in section 41 (1) (e) is simply that a member who resigns his party whip becomes independent and he is no longer a card carrying member of his political party.
The political pundits and learned KCs who argue that an independent member who subsequently becomes a Minister of government cannot be independent is simply adopting a wide dictionary meaning of the word independent such as “free from outside control; not subject to another’s authority (Oxford Dictionary). I am suggesting that the application of this wide meaning is incorrect and only the narrow meaning of simply renouncing allegiance to your erstwhile political party is correct.
Let me state further that there is no difference in the indpenedent status of a member of the House who is elected to Parliament as an independent candidate in an election and a member who is elected on a party ticket and subsequently resigns fron his party.
In either case, the member could be given a Ministerial portfolio by the Prime Minister and we see that in St. Lucia where Stephenson King and Richard Frederick, who ran as independent candidates, were made Ministers. Are Srepehenson King and Richard Frederick no longer independent? Would the situation with Anthony Smith who resigned from his party and became an independent and ssubsequently a Minister be any different? I say there is no difference.
As I have indicated before, most of the confusion in looking at this matter by the man in the street, political pundits and learned KCs arises from the wide meaning they have given to the word independent. The KCs have even invoke the Oath of Secrecy taken by a Minister of government to challenge the notion of independence.
As a Minister of government and a member of Cabinet the principle of Collective Responsibilty comes into play. However, because the Oath says that a Minister cannot (or should not) disclose the proceedings of Cabinet except with the authority of Cabinet does not impugn the notion of independent. Again, independent simply means that you are not under a Party Whip.
Yes, one can understand the high emotions surrounding the Anthony Smith saga and yes one can understand the feelings of betrayal since normal ethical behavior would require that Anthony Smith discuss the situation with his constituents prior to his resignation. However, as Vladimir Lenin said “There are no morals in politics; there is only expedience. A scoundrel may be of use to us just because he is a scoundrel”.
Many have said that this matter should be challenged in court. I do not disagree since this is somewhat of a novel situation and the court should be called upon to determine the meaning of “independent” and whether an independent member of the House pursuant to section 41 (1) (e) of the Constitution can subsequently be made a Minister of government.
Finally, I end by saying that this Anthony Smith saga and the questions that have arisen as a consequence of it only go to underscore the dire and fundamental need for constitutional reform in our country. Sadly, it would appear that the matter of constitutional reform is of little significane to all the political parties.
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