Dear Editor,
Reference “ANUG says Asha Kissoon refusing to give up seat” (Mar 2) wherein it is stated that an agreement signed by three parties for sharing seats under ‘the joinder parties list’ is not enforceable in court. II beg to differ on the court’s involvement in the issue. The written agreement is based on a gentleman’s agreement in which the parties consent to honour an agreement and it is expected that the parties will act honourably and with integrity. Private agreements are known to be enforceable in court and there is at least one precedent.
The Israeli Supreme Court intervened in a similar political agreement between two major parties that contested an election during the 1980s and one party refused to honour the agreement. The Likud and Labour agreed to form a coalition government after the 1984 elections in which neither party won and were able to cobble together enough partners to form a government with a majority (61 MPs of the 120 members’ legislature).
They made an agreement to serve 25 months, each alternating the PM and a few Ministerial positions, like Finance and Defense. Likud was given the first shot at the PM position. After completing its 25 months, Likud decided it won’t honour the agreement. Labour went to court. The Supreme Court commanded Likud to honour the agreement and Labour was allowed to head the government.
I don’t think Asha Kissoon will violate the agreement and will step down as the MP for the joinder list. Failing, then ANUG should go to court to have the agreement enforced. It is contract law and ought to be enforceable in a court of law or else all agreements can be violated at will. PS: Verbal contracts are as valid as written contracts once there are witnesses to or affirmation of oral agreements.
Sincerely,
Vishnu Bisram