Prime Minister Silveria Jacobs was asked during Wednesday’s press briefing whether suspended members of parliament (MPs) could be on an election ballot. That is indeed the case until irrevocably sentenced for a relevant crime.
The issue seems significant enough with a return to the polls scheduled early next year, for the current lone example and others in the legislature who might suffer the same fate before then. So, this column is not just about already declared candidate – for now – Toontje Buncamper but rather the general principle.
The prime minister’s reply was obviously based on the letter of the law. However, there is some doubt as to whether this would also be in keeping with the spirit behind such.
In addition, her answer raises the question exactly what happens if such a person gets voted into office. Does he or she occupy the seat, only for the suspension to continue, or does it automatically go to the next in line on the party’s list?
In the former case it means appointing a deputy from the start of the term and thus extra salary expenses. That would be remarkable to say the least, if even possible.
The lack of clarity is somewhat understandable, considering St. Maarten is the only country in the Dutch kingdom where elected representatives are suspended when in pre-trial custody or first convicted by a judge. While most people probably think that was a good idea, the lengthy appeal process all the way to the High Court in The Hague can create undesirable situations.
Simply put, it very much appears to be a work in progress.
