PM Submits Legal Advisory on Governor’s constitutional role

GREAT BAY--In a move not seen prior, the Honorable Prime Minister, Dr. Luc Mercelina, has formally submitted a legal advisory concerning the constitutional role of the Governor of Sint Maarten to the Council of Ministers. In the interest of transparency, the advisory has also been shared with His Excellency the Governor and the Honorable Members of Parliament.

The advisory, prepared by constitutional expert Prof. Dr. Arjen van Rijn, was commissioned following developments in January 2026 related to the handling of an administrative matter and the associated decision-making processes within Government.

The report provides a detailed legal analysis of the Governor’s dual role as both the constitutional head of the Government of Sint Maarten and as the representative of the Kingdom Government. It further examines the limits of the Governor’s authority within that framework and the principle of ministerial responsibility.

The Prime Minister sought independent legal advice after concerns arose that constitutional roles and decision-making boundaries may not have been properly observed during the handling of the matter surrounding the Chief of Staff of the Minister of VSA Richinel Brug. When the PM took action against the Chief of Staff initially, the Governor did not sign the Landsbesluit in support of the PM's decision to suspend the Chief of Staff.

Instead, the Governor reportedly guided the Council of Ministers in their decision making. The Governor also reportedly sat in a COM meeting without the PM and the Minister of VSA present, an occurrence that would be abnormal considering the separation of duties.

As per a January 7 letter, the PM imposed an initial order measure denying the Chief of Staff of VSA Cabinet access to all government buildings, service locations, and government ICT systems, including email, networks, applications, and digital platforms, while a formal suspension in the interest of the service was being prepared under Article 92(c) of the Landsverordening Materieel Ambtenarenrecht. The Governor did not sign the landsbesluit anchoring the suspension.

Laville-Martis challenged that first restriction before the court, and on February 2, 2026, she also filed a request for interim relief under Article 94 of the Regeling ambtenarenrechtspraak 1951. A second challenge followed after an email dated February 16, 2026 informed her that, pursuant to a January 16, 2026 Council of Ministers decision (this is the meeting the governor was reportedly in), she would remain barred from the Government Administration Building and from government-related functions or government buildings where the Prime Minister and Minister of General Affairs was present.

At the same time, she was told she could continue carrying out her duties remotely, with full access restored to the ICT network, including her government email account and mobile phone. That same email stated that the January 7 order measure had been withdrawn.

Prime Minister Mercelina emphasized the importance of upholding constitutional boundaries, “This advisory provides critical guidance on the proper functioning of our constitutional system. It reinforces a fundamental principle: that the elected Council of Ministers carries the political mandate and responsibility to govern, and that this mandate must be respected at all times.”

The advisory concludes that certain actions taken during the January 2026 events exceeded established constitutional boundaries and risked undermining the political primacy of the Council of Ministers.

Prime Minister Mercelina reaffirmed that the matter is about protecting institutions, “This is not about individuals; it is about safeguarding the integrity of our democratic institutions. Sint Maarten is a constitutional democracy, and we must ensure that the separation of roles and responsibilities remains clear, respected, and upheld.”

The Prime Minister further stressed the importance of learning from the situation and preventing future ambiguity, “We have a responsibility to address this matter with maturity and resolve. Clear constitutional boundaries are essential to good governance. Where those boundaries are tested, it is our duty to reaffirm them decisively and constructively.”

Prime Minister Mercelina indicated that the Council of Ministers will deliberate on the advisory.

“Our focus now is on strengthening governance, reinforcing accountability, and ensuring that our constitutional framework continues to serve the people of Sint Maarten effectively and without ambiguity.”

The Government of Sint Maarten remains committed to transparency, the rule of law, safeguarding the constitution and the continued strengthening of its democratic institutions.

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