Proper governance
All indications are that the appointment of Millicent de Weever as Acting Lt. Governor was in violation of the Islands Regulation ERNA. The document clearly states that all the restrictions except not being an Island Council member that count for the Lt. Governor also count for the Acting Lt. Governor.
Article 11 of the same document states “blood affinity or relations up to and including the second degree, or wedlock,” may not exist between the Lt. Governor and members of the Island Council. Several legal and constitutional experts consulted by this newspaper confirmed that allowing the Acting Lt. Governor to be a member of the council does not exempt him or her from the above.
Where the Island and Central Governments obtained their advice is not clear, but by all indications it was faulty.
So what now? The law, but also principles of proper governance dictate that this unlawful situation cannot be allowed to continue. Either the Acting Lt. Governor must step down, or her brother Leroy must give up his seat in the Island Council.
As the latter is not likely to happen, the Acting Lt. Governor should do the right thing, which does not mean she loses face, as it was not her error in the first place.
The news has reached The Hague by now as well and if nothing is done it is likely that the Kingdom Council of Ministers and perhaps even the Dutch Parliament will take up the issue.
It will be much better if the mistake is corrected locally and in Willemstad. The Dutch already have serious doubts about the ability to guarantee proper governance in the islands and the recent appointment of a Commissioner’s husband to the board of a government-owned company that falls under her has been mentioned as an example.
The last time it appeared the ERNA had been violated had to do with the relation of the Commissioner in charge of the harbour with a company owning a crane, but it was determined that the ERNA could be interpreted various ways. That does not appear to be the case here and in that case the choice clear.
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