Political Scientist Dr. Dylan Vernon argues that despite the UDP leadership's claim of “constructive resignation,” Hon. Tracy Panton and Hon. Patrick Faber are unlikely to lose their parliamentary seats.
Vernon’s analysis of Section 59(2)(e) of the Belize Constitution suggests that the legal basis for vacating their seats remains unclear. According to the provision, an area representative must vacate their seat if they resign from their party or cross the floor. However, Panton and Faber have repeatedly stated that they have not resigned from the United Democratic Party (UDP), nor do they intend to.
Vernon highlights that while UDP Leader of the Opposition, Hon. Moses "Shyne" Barrow, may seek to notify the Speaker of the House that Panton and Faber have "constructively resigned," the constitutional path for such an action is not straightforward. The ambiguity in defining what constitutes crossing the floor adds complexity to the situation.
Dr. Vernon explores two possible avenues the UDP Leader could take. First, Barrow could formally notify the Speaker, claiming that Panton and Faber have constructively resigned. The Speaker would then need to determine whether the conditions outlined in Section 59(2)(e) are met, which could prompt a legal challenge from Panton and Faber. “If the Speaker were to agree with the LOO,” Vernon writes, “Taegar-Panton and Faber would have the option to appeal to the High Court and it could all end up in legal purgatory.”
The second option involves Barrow directing the other UDP members in the House to vote a certain way on a bill or motion. Should Panton and Faber abstain or vote against the party line, Barrow could attempt to claim they have crossed the floor, again triggering the Speaker's involvement. However, the lack of a clear definition for crossing the floor in Belize’s Constitution leaves much to the Speaker’s interpretation.
Historically, no political leader in Belize has tested Section 59A, which governs the conditions under which a representative must vacate their seat. Vernon notes that "the real politick in partisan politics, so far, is that political parties in Belize are highly risk averse when seeking to punish defections constitutionally."
Dr. Dylan Vernon is a Political Scientist, former ambassador, and the former chair of the 2000 Political Reform Commission
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