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by pltm
(PLTM) - Public servants and members of statutory boards, whose names were floated publicly as political contenders, are being forced to resign their positions, although many have not publicly declared their intent.
The General Orders for Civil Service of the BVI of 1971, which was revised in 1982, clearly states that all civil servants are prohibited from engaging in political activities. But while this is a known fact, the issue has gained legs in recent weeks, as the two major political parties prepare their list of candidates for the next general elections, which are constitutionally due by June 2019.
In July, the Opposition Virgin Islands Party (VIP) confirmed via a press release that its Congress was held on July 14 to choose and ratify six District Candidates, among which were the Director of Culture, Luce Hodge-Smith, Commissioner for the Department of Motor Vehicles (DMV), Kye Rymer, Vincent Wheatley, the Sister Islands Programme Coordinator attached to the Deputy Governor’s Office, and recently appointed member of the Public Service Commission (PSC), John Samuel.
Following this public announcement, which was not denied or confirmed by any of the named persons, they were issued letters citing that they were in violation of the General Orders. Since then, Mr. Samuel has been asked to vacate the PSC; Mr. Wheatley resigned from the Deputy Governor’s Office on September 14 to begin his political campaign; Mrs. Hodge-Smith, BVI Platinum News understands proceeded on retirement on September 14; while Mr. Rymer remains at the helm of the DMV.
Then last week, reports broke that the National Democratic Party (NDP) executive voted in three new At-Large candidates, including Principal of the Elmore Stout High School (ESHS), Sandy Underhill; Chairman of the Virgin Islands and Festivals and Fairs Committee and Board Member of the BVI Ports Authority (BVIPA), Mr. Trefor Grant; and Speaker of the House of Assembly, Ingrid Moses-Scatliffe.
While the NDP has not officially named the candidates, BVI Platinum News through reliable sources understands that the NDP will soon be confirming the candidates, who will appear on their ticket at the next general elections.
The reports which were later publicized by other media entities, prompted the call for the persons named as NDP candidates to face the same consequences. The General Orders state, “Officers are expressly forbidden to participate actively on behalf of any party or candidate in an election to the Legislature or Local Authority election. They are expressly forbidden to act as agents, sub-agents or canvassers at elections of this nature.”
But so far, all the reported NDP candidates remain in their respective jobs and have not received letters of a similar nature.
The Speaker
Apart from Grant and Underhill, the call has been made for the Speaker of the House of Assembly, Moses-Scatliffe to vacate her seat as the issue of impartiality comes into play.
The Speaker's role and political affiliation is a bit different.
Chapter 5 of the Virgin Islands Constitution of 2007 states that if the office of Speaker falls vacant for any reason, other than a dissolution of the House of Assembly, the House shall as soon as practicable elect another person to that office.
“The Speaker shall be elected from among the elected members of the House of Assembly or from persons qualified to be elected members of the House, other than Ministers, and no person shall be elected as Speaker if he or she is a person disqualified for election as a member of the House by virtue of any provision of section 66(1), other than paragraph (f),” the Constitution states.
It also explains that the Speaker or, in his or her absence, the Deputy Speaker or, if they are both absent, a member of the House of Assembly (not being a member of the Cabinet) elected by the House for that sitting shall preside at each sitting of the House.
This indicates that a person can be part of a political party and still hold the post of Speaker.
The debate continues whether there is a double standard being instituted, only targeting members of the Opposition, or whether the Opposition erred in making the announcement of their candidates who were public servants at the time.
Chapter 7 of the Constitution speaks to the PSC. It indicates that no person shall be qualified to be appointed as a member of the PSC if he or she is a member of, or a candidate for election to the House of Assembly, or holds or is acting in any public office.
What Really Constitutes Declaration?
There are some who are questioning what is meant by declaration, pointing out that as of Friday the names on both sides have not declared their intent to seek political office.
The argument being advanced is that they could be selected by a party, but Nomination Day is confirmation of the persons' intent to seek office.
It is also left to be seen if there will be any actions taken by authorities to probe whether the NDP did confirm public servants as candidates and if they will be allowed to remain on the job.
BVI Platinum News was unable to secure a comment on the issue from both VIP and NDP leaders - Hon. Andrew Fahie and Hon. Myron Walwyn.
