26th August 2013
Honourable Senator Wade Mark
Speaker of the House of Representatives
Office of the Parliament of Trinidad and Tobago
Level G 7, Tower D
Port of Spain International Waterfront Centre
1A Wrightson Road
PORT OF SPAIN
Honourable Speaker,
I refer to the captioned matter.
On 26th May 2010, I was appointed Prime Minister of the Republic of Trinidad and Tobago by His Excellency the President in the exercise of the power vested in him by section 76(1) (a) of the Constitution. Please see as Appendix II hereto attached a copy of the Trinidad and Tobago Gazette of 27th May 2010, Volume 49 No. 64 attesting to same.
It should be noted that section 76 (1) (a) of the Constitution expressly provides that where there is occasion for the appointment of a Prime Minister, the President shall appoint as Prime Minister “a member of the House of Representatives who is the Leader of that House of the party which commands the support of the majority of members of that House…” and same is distinct from section 76(1) (b) which latter expressly provides, inter alia, for the appointment of a Prime Minister in circumstances where the party does not have an “undisputed leader”.
To date, I remain the Political Leader of the UNC, the Member of Parliament for Siparia and the Prime Minister of the Republic of Trinidad and Tobago.
Mr. Herbert Volney, as a UNC candidate in the Parliamentary Elections held on 24th May 2010, was elected to the House of Representatives as the Member of Parliament for St. Joseph). Please see hereto attached as Appendix III a copy of page 329 of the EBC Report attesting to same.
By letter dated 30th July 2013, Mr. Volney resigned from the UNC with immediate effect. Please see hereto attached as Appendix IV a copy of Mr. Volney’s resignation letter. In his said letter, Mr. Volney clearly recognised and accepted that I am the Leader of the UNC of which he was a member prior to 30th July 2013.
As the Political Leader of the UNC, I consider it to be my constitutional duty under section 49A of the Constitution, to inform your good self that by virtue of his resignation, Mr. Volney is no longer a member of the UNC, the party for which he was a candidate when he was elected as the Member of Parliament for St. Joseph in the May 24th 2010 Parliamentary Elections.
Section 49A of the Constitution clearly sets out the steps that must be taken by the Speaker of the House of Representatives in these circumstances. Having brought to your attention the fact that Mr. Volney is no longer a member of the UNC, I call upon your good self at the next sitting of the House of Representatives to perform your constitutional duty by declaring that Mr. Volney has resigned from the UNC.
I await your declaration at the next sitting of the House of Representatives, in accordance with section 49A of the Constitution that Mr. Herbert Volney has resigned from the UNC.
Sincerely,
Kamla Persad-Bissessar, SC, MP
Political Leader of the United National Congress
Cc Honourable Nela Khan, MP
Deputy Speaker of the House of Representatives
Honourable Senator Wade Mark
Speaker of the House of Representatives
Office of the Parliament of Trinidad and Tobago
Level G 7, Tower D
Port of Spain International Waterfront Centre
1A Wrightson Road
PORT OF SPAIN
Re: Declaration of the resignation of the Member of Parliament for St. Joseph by the Honourable Speaker of the House of Representatives in accordance with section 49A of the Constitution of the Republic of Trinidad and Tobago
I refer to the captioned matter.
I write to you in accordance with section 49A of the Constitution of the Republic of Trinidad and Tobago (“the Constitution”) in my capacity as Leader of the United National Congress (“UNC”).
I was elected Political Leader of the UNC on 24th January 2010.
Thereafter, as a UNC candidate in the Parliamentary Elections held on 24th May 2010, I was elected to the House of Representatives as the Member of Parliament for Siparia. Hereto attached as Appendix I, please see a copy of page 328 of the Report of the Elections and Boundaries Commission on the Parliamentary Elections held on May 24, 2010 (“the EBC Report”) attesting to same.
On 26th May 2010, I was appointed Prime Minister of the Republic of Trinidad and Tobago by His Excellency the President in the exercise of the power vested in him by section 76(1) (a) of the Constitution. Please see as Appendix II hereto attached a copy of the Trinidad and Tobago Gazette of 27th May 2010, Volume 49 No. 64 attesting to same.
It should be noted that section 76 (1) (a) of the Constitution expressly provides that where there is occasion for the appointment of a Prime Minister, the President shall appoint as Prime Minister “a member of the House of Representatives who is the Leader of that House of the party which commands the support of the majority of members of that House…” and same is distinct from section 76(1) (b) which latter expressly provides, inter alia, for the appointment of a Prime Minister in circumstances where the party does not have an “undisputed leader”.
To date, I remain the Political Leader of the UNC, the Member of Parliament for Siparia and the Prime Minister of the Republic of Trinidad and Tobago.
Mr. Herbert Volney, as a UNC candidate in the Parliamentary Elections held on 24th May 2010, was elected to the House of Representatives as the Member of Parliament for St. Joseph). Please see hereto attached as Appendix III a copy of page 329 of the EBC Report attesting to same.
By letter dated 30th July 2013, Mr. Volney resigned from the UNC with immediate effect. Please see hereto attached as Appendix IV a copy of Mr. Volney’s resignation letter. In his said letter, Mr. Volney clearly recognised and accepted that I am the Leader of the UNC of which he was a member prior to 30th July 2013.
As the Political Leader of the UNC, I consider it to be my constitutional duty under section 49A of the Constitution, to inform your good self that by virtue of his resignation, Mr. Volney is no longer a member of the UNC, the party for which he was a candidate when he was elected as the Member of Parliament for St. Joseph in the May 24th 2010 Parliamentary Elections.
Section 49A of the Constitution clearly sets out the steps that must be taken by the Speaker of the House of Representatives in these circumstances. Having brought to your attention the fact that Mr. Volney is no longer a member of the UNC, I call upon your good self at the next sitting of the House of Representatives to perform your constitutional duty by declaring that Mr. Volney has resigned from the UNC.
I await your declaration at the next sitting of the House of Representatives, in accordance with section 49A of the Constitution that Mr. Herbert Volney has resigned from the UNC.
Sincerely,
Kamla Persad-Bissessar, SC, MP
Political Leader of the United National Congress
Cc Honourable Nela Khan, MP
Deputy Speaker of the House of Representatives
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