Constitution is clear: CWC seat is now vacant, bye-election must be held

Former CW MP Jack Warner
in Parliament

There is some speculation that the Chaguanas West seat in Parliament would not be vacant until the Speaker of the House of Representatives declares it so. 

One media report Sunday said the Speaker is seeking legal advice although Jack Warner made it clear to Wade Mark that he was resigning with effect from midnight, Friday april 26, 2013.

Read the resignation letter:

Jack makes it official

JYOTI did the research on the matter and found that under section 142 of the constitution, Jack Warner's resignation took effect at midnight on Friday 26th April, 2013.

The following issues inform the process :

1. The resignation of Jack Warner took effect at midnight on Friday 26th April, 2013 in accordance with section 142(2) of the Constitution.

2. A vacancy arose in the House of Representatives in respect of the constituency of Chaguans West at midnight on Friday 26th April, 2013
in accordance with section 49(2)(a) of the Constitution.

3. A bye-election for the vacant Chaguanas West constituency will have to be held within 90 days from the date on which it is announced by the Speaker.

4. The critical issue is whether the Speaker is required to wait on a
sitting of the House of Representatives to make the announcement or
whether he can make the announcement outside of a sitting of the House
of Representatives using some other form or method of "announcement".