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by pltm
(PLTM) - Education and Culture Minister, Hon. Myron Walwyn believes that there is a bounty on his head, citing that there are other members of the House of Assembly who have private businesses that engage government for work.
The Minister revisited an issue raised before the 2015 general elections, where opposition members had called for him to vacate his seat over allegations that he did not seek the necessary approval for two catering companies to tap government funds. At the time, the Minister had noted that there was never a contract to provide the services and the Constitution speaks to instances where there is a contract.
On Friday, September 23 in the House of Assembly, Hon. Walwyn said, "I remember during the last elections for example, big talk about Myron’s company serving food in the House of Assembly. I am not the only member in the House of Assembly who has a business that does work with government, " he said.
"I am not the only one and I wouldn’t be the last one, but they pick on poor me..."
He said that the only reason why persons are going after him is because he has been working hard from the time he took up office in November 2011.
"...I am getting the feeling that the Honourable House is not designed for people do any work. I am getting that feeling in my spirit; I got that feeling from my first term. That when you come in this Honourable House and you work, people think you are looking position. They don’t understand that you come with a work ethic and you want to work," he said.
"I came to work for the people and when you work, they seem like they want to kill you; you looking position; you looking this and that...So they put a little bounty on poor Myron head."
The Minister said now deliberate attempts are being made to destabilize the extra school year.
"And now you are trying to move the education system along and I have people in this Honourable House who have gone to teachers and principals to destabilized the Grade 12; gone to the parents and principals and telling them we planning to do them this and that, to destabilized Grade 12," he said.
"Can you imagine people in my Ministry have received offers from newspapers in this country to carry news on Myron from what they see in the Ministry and employees come back and tell me. This is the level we have come to in this country."
Need To Declare
However, Hon. Andrew Fahie, First District Representative and Opposition Member took on Hon. Walwyn's claims, noting that no one indicated that doing business with government is wrong, but not declaring it will mean that a member has to vacate his or her seat. He said that is the issue.
"I ain't going after a soul, the Constitution of the Virgin Islands is clear, if you are going to do business as an elected official with the government of the Virgin Islands, you have to declare it. And let me inform that failure to declare and it is found out that you did business with the Virgin Islands government and you did not declare, the Constitution does not stutter what has to happen," he said.
Hon. Fahie added, "It is clear, it says that you have to relinquish, give up your office forthwith and there is a payment formula what you have to pay for the time you were doing the service and did not declare it. It didn’t say you cannot do it."
The First Representative also made mention of when Hon. Marlon Penn, Eighth District Representative had went to the House of Assembly to declare that he intends to do work for the Financial Services Commission (FSC).
In 2012, the House of Assembly approved a Motion for Hon. Penn to pursue an IT contract with the Financial Services Commission (FSC) without having to vacate his seat in the House.
"Member for the 8th declared it. If it didn’t say it then why come declare, he could have just go do it…You hear anybody up to talk about his, because they follow the law. But no matter how popular you are, you have to follow the law…"
He added, "I know the Minister (Walwyn) is a popular man, he worked for it but it doesn’t exempt you from the law. I notice this country love some people so much that they could do no wrong and hate some so much they could do no right. But the law supposed to be blind."
"I was caught on the other side of that law; oh my."
Under Section 67 of the Constitution, a member should vacate his or her seat if they become a party to any contract with the Government of the Virgin Islands for or on account of the public service, or if any firm in which he or she is a partner or any company of which he or she is a director or manager becomes a party to any such contract, or if he or she becomes a partner in a firm or a director or manager of a company which is a party to any such contract.
However, Section 67 allows the member to keep his or her seat if in the circumstances it appears just to the House of Assembly to do so, the House may exempt any elected member from vacating his or her seat under the subsection if such member, before becoming a party to such contract as there described, or before or as soon as practicable after becoming otherwise interested in such contract (whether as a partner in a firm or director or manager of a company), discloses to the House the nature of such contract and his or her interest or the interest of any such firm or company in it.
The section states that any request by an elected member for exemption shall be made by way of a Motion, which shall be placed on the Order Paper for a decision of the House of Assembly.
Further, the section provides that in any case in which the House of Assembly decides not to exempt an elected member from vacating his or her seat, the member may appeal to the High Court against the decision.
