No Automatic Reinstatement for Public Officers After Contesting Elections

High Court Judge Justice Ian Morley rejected a claim challenging the regulation which prohibits public servants from contesting general elections while employed with the Government of Montserrat.

The challenge was brought by Vickie Stephenson who claimed that the order infringed her constitutional right to freedom of peaceful assembly and association pursuant to sections 13(1) and 14(1) of the Montserrat Constitution.

The Judge disagreed, ruling that if civil service positions were guaranteed after running for election, it would likely diminish the candidacy as being too easily pursued and without consequence.Further, Justice Morley said the anticipation of being reinstated would undermine the effect of any guidance on neutrality, turning the civil service into an ill-disciplined debating club, irrespective of there being an election.

So as to avoid casual candidacy and to preserve the neutrality of the public service, Justice Morely ruled that there cannot be any anticipation of reinstatement. Therefore, he upheld that any reinstatement to public office must rest unfettered in the hands of the Public Service Commission which is the committee which makes public service appointments.

Nonetheless, Justice Morley thanked Stephenson and her Counsel Warren Cassell for raising the matter, as it has been an important point of law and for public attention. Justice Morely therefore ruled that there shall be no order as to costs.

He wished Stephenson and all the candidates the best of luck in the November 18th General elections. With this ruling, it is unclear whether or not Stephenson will resign from the service in order to contest the upcoming election.

Vickie Stephenson