Those who claim to acknowledge and obey the wisdom and supremacy of the Constitution and the judicial process should not at the same time demand that these be superseded by their own personal judgment. On the basis of this principle the decent thing is to allow Joe Hibbert and Kern Spencer to remain members of parliament until the law has taken its course.

Mr Hibbert is being asked by angry critics to resign his position. I hold no brief for him nor sympathy for his predicament, but is it reasonable to expect a man to inflict punishment on himself even while he is proclaiming innocence?

The prime minister, on moral grounds, has deprived Mr Hibbert of his portfolio. This is as much as he can do and it is both unfair and unjust to ask him to exert pressure to have the member vacate his seat. The prime minister has neither legal nor Constitutional authority to declare a seat vacant. He cannot force a person elected by the people to give up that status. He may persuade his party members to expel Mr Hibbert but even this would be extreme action against one who has not been charged or convicted of a crime.

Constitution details

The Constitution sets out in detail the conditions under which a member of parliament can lose his seat. The circumstance in which Mr Hibbert finds himself is not one of them. In fact, Section 41, subsection (3) indicates that even a convicted member may continue to hold his seat if the sentence is a fine, or a term of less than six months imprisonment.

Some may, with justification, be enraged by what they have read or heard from unnamed directors of Mabey and Johnson. However, we are still supposed to be ruled by law. In this case we should be guided by Section 44 of the Constitution which states inter alia:

"Any question whether - any member of either House - is required under the provisions of subsection (3) of section 41 of this Constitution, to cease to exercise any of his functions as a member, shall be determined by the Supreme Court or, on appeal, by the Court of Appeal whose decision shall be final."

I am, etc.,

Ken Jones

kensjones2002@yahoo.com