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Good Governance

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Good Governance
Final paper

By: Laverne Lawrence
Labor Management Relations (MGT 410)
Dr. N. J Gittens, Ph.D., CHE.
5 May 2016 The University of St. Martin School of Continuing Education and Life Long Learning offered the course on Good Governance, Governing by the Laws from February 9, 2016 through April 14, 2016. It was strongly recommended that persons who were interested in becoming a political candidate, individuals who are applying for their Naturalization and need to learn more about the Constitution and Government, NGO's employees who want to understand the checks and balances of government and Civil Servants who want to expand his/her knowledge on how the government functions should attend said course.
Good Governance was instructed by Mr. Hensley G.A Plantijn, who is currently the secretary general of the ministry of general affairs. Plantijn is also an international lawyer with special interest in Constitutional Laws. His career started in 1992 as a civil servant on the Island Territory of Curacao and is since 2011 continuing his career in St Maarten. During his more than 23 years as civil servant, he has functioned as legal advisor in the organization and to ministers in the Netherlands Antilles and St Maarten.
During our first lecture Mr. Plantijn began by introducing the term Good Governance and what it entailed. He explained that the constitution is the legal basis of the good governing of a country, and that all other laws have to be in line with the constitution.
According to Wikipedia good governance is about the processes for making and implementing decisions ,it is also an indeterminate term used international development literature to describe how public institutions conduct public affairs and manage public resources. Throughout this paper I will elaborate on four topics that stem from the roots of good governance and therefore relate to each other.
The three main topics that I will address in this paper are the Voting process, The constitution, The role and functioning of parliament and The arrest of a member of parliament.
The Voting process Every Dutch national residing in Sint Maarten eighteen years or older has equal rights to elect the members of the general representative bodies. According to Articles 39 to 45 of the constitution, the date of voting shall be enacted by national decree on the proposal of the Minister of General Affairs, in such a manner that at least 48 days lie between the date of the nominations and that of voting. Only persons who are recorded in the electoral register on the thirtieth day prior to the date of the nominations may vote. Voters shall cast their votes at the polling station of the polling district to which they are assigned.
The country shall be divided into polling districts by national decree, containing general measures by which a polling district cannot contain more than 1,500 voters. Eight days prior to the voting date, every voter authorized to vote shall receive a polling card from the Head of the Census Office, calling on them to vote. This card shall state: that a parliamentary election shall take place; the surname, first names, date and place of birth and address of the voter; the number under which the voter appears in the copy of or extract from the electoral register to be used in the vote; the number of the polling district to which the voter is assigned; the address of the polling station for that polling district; the date and times at which voting will take place.
Voters entitled to vote, who have been sent a polling card but whose polling card has been lost or was not received, shall be issued with a new polling card by the head of department, provided that they can provide adequate proof of identity. The electoral committee is also authorized to issue such cards. At least three days prior to the date of the vote, the Minister of General Affairs shall announce the date and times at which voting will take place. Voting normally commences at 8.00 a.m. and shall continue until 8.00 p.m. Every employer is required to ensure that every voter in its employ has an opportunity to vote, to the extent that this cannot take place within the established working hours and provided that the voter is not prevented from performing his work by this for more than two hours.
The Constitution The constitution is the legal basis of the governing of a country. All other laws have to be in line with the constitution. The Constitution of Sint Maarten (Dutch: Staatsregeling van Sint Maarten) was unanimously adopted by the island of Sint Maarten on the 21st of July 2010. The constitution entered into force on the 10th of October 2010, on the date of the dissolution of the Netherlands Antilles. According to Dr. Nilda Arduin “The constitution is sometimes referred to as a basic contract between Government and the people, including the fundamental rules that will govern their relationship; an instrument giving the government the power to rule over its citizens and protect them”
Parliament
The parliament is the highest legislative body of country Sint Maarten and represents the entire population of the Dutch side of the island. The parliament consists of 15 members who are elected for a four-year period. According to the election ordinance, articles 2, Members of Parliament are elected directly by persons who are Residents of St. Maarten, hold Dutch nationality and have reached the age of 18.
The session year of parliament commences on the second Tuesday of September. During this session, the Governor provides an explanation of the policy to be pursued by the government. The parliament elects a President and Deputy President from its own numbers. The President of Parliament shall open and close the session year of the Parliament.
Role and Function of Parliament The two most important tasks of parliament is the realization of legislation for Sint Maarten, and secondly, to exercise control over Government’s policy. Under the first task, Parliament exercises this task together with Government, so Parliament is called the co-legislator.
In order to carry out the above-mentioned, the Parliament has a number of powers that allows it to fulfill its two tasks: * The right to approve and amend the budget; * The right of interpellation where each Member of Parliament (MP) has the right to question ministers of government in the General Assembly of Parliament; * The right of initiative allows MPs to submit draft laws on their own initiative; * The right to amendment, allows MPs to amend legislation that has been submitted to Parliament; * The right to ask questions, every MP can question a Minister orally or in writing; * The right to instigate inquiries allows parliament to institute an inquiry into the state of affairs in an event in which Government is involved.
The arrest of a parliamentarian
According to Article 113 of the constitution 1.By mutual arrangements rules concerning the judiciary may be laid down with one or more countries of the Kingdom. A mutual arrangement as referred to in the first sentence, is enacted by Kingdom Act as referred to in Article 38(2) of the Charter for the Kingdom. The government observes the provisions of the Constitution in this regard here. 2. All intervention in legal cases is prohibited.
In other words in the constitution there is a provision to come with a kingdom law, and based on this law, there is a national ordinance. However, every law has to be in line with the constitution. The prosecutor also needs permission to arrest and search. The name of this law is “Prosecution of Political Authorities” however it is noted that no prosecution request is required to investigate and collect evidence.
If enough evidence has been collected there are two options that may be used to carry out a search 1. A search warrant is received from the prosecutor 2. A search can be carried out without the warrant if the prosecutor is present. After the evidence is brought to the judge, the suspect receives 48 hours in detention. This detainment is usually done to keep the suspect out of the way to avoid tampering with evidence. If more time is needed, the suspect can receive up to eight days more, then he has to be released.
According to article 123 from the Constitution of St. Maarten, the prosecution of a minister or a Member of Parliament for committing a criminal offence shall take place by the Attorney-General or another member of the Department of Public Prosecutions designated by the Attorney-General, following an order of the Common Court of Justice of Aruba, Curacao and Sint Maarten and of Bonaire, Sint Eustatius and Saba, in response to a requisition the Attorney-General.
Article 50 paragraph 3 states a person who loses membership of Parliament shall be replaced. A Member of Parliament who is suspended shall be replaced by a deputy. During the suspension, the Member of Parliament shall enjoy his remuneration. The person who deputizes for a Member of Parliament who has been suspended or the person who replaces a Member of Parliament who has lost membership shall step down at the same time as the other Members of Parliament.
The arrest of MP Silvio Matser was also discussed during our lectures and According to SMN News On March 2nd 2016 Wednesday morning detectives and other law enforcement agencies conducted a house search and arrested MP Silvio Matser. The detectives wanted to search the home of MP Silvio Matser, but MP Matser refused to allow the detectives to search his home because they did not get authorization from the courts to do so. However, the detectives arrested the Member of Parliament and afterwards they pursued the courts for authorization to search Matser's home. MP Silvio Matser was arrested on the suspicion of election fraud
The Court of First of Instance confirmed the arrest of Member of Parliament Silvio Matser just after 3pm on Wednesday and also granted the prosecution the authorization to search the home of the Member of Parliament and his office. Press Officer for the Attorney General confirmed shortly after 4pm on Wednesday that the Prosecution and detectives were on their way to execute the searches while the detectives will begin interrogating MP Matser. Serphos said that Matser will be confronted with the information the prosecution has and he could be in custody for the next 48 hours or more. In addition the arrest of MP Silvio Matser clearly showed how due to the restrictive custody of an acting member of parliament the country’s 2016 budget was at a standstill, and although this should not have been the case, remaining members refusing to sign said budget plainly showed a lack of integrity. Political issues overshadowed the main objective which should always be country above self
Conclusion
It is no secret that in order to run a country successfully the laws of the land must be adhered too. The Constitution is the legal basis of the governing of a country and all other laws have to be in line with it and was created to protect a country and its people. In many countries, islands not only St. Maarten corruption lies in the atmosphere and in some cases because of this these countries, islands are in bad situations economically and socially. The arrest of MP Silvio Matser was one of the articles that was discussed and in this example we clearly see how due to the restrictive custody of an acting Member of Parliament the country’s 2016 budget was stagnated. Educating ourselves about our human rights, our constitution and our government is essential and overall this class in particular was very engaging and we discussed openly several realities on the island. Mr. Plantijn reminded us that despite our personal opinion the law will always stand.

Work Cited

Hensley, Plantijn. Good Governance

(http://smn-news.com/st-maarten-st-martin-news/21131-scell-offers-governance-course-to-st-maarten-and-surrounding-islands.html, n.d.)

(http://www.good-governance.info/pages/about_us.php, n.d.)

(http://www.goodgovernance.org.au/about-good-governance/what-is-good-governance/)

The Constitution of St. Maarten Made Simple (2010), compiled and edited by Dr. Nilda Arduin

(http://smn-news.com/st-maarten-st-martin-news/21510-breaking-news-mp-silvio-matser-arrested-on-wednesday-morning-in-octopus-investigation.html, n.d.)

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