And while that seems to be a major disconnect - there are those who argue that it is illegal to have functioning ministers who are not yet sworn in as members of the house.
Jules Vasquez looked into the practice versus the law:
A mischievous - but not entirely baseless post - on a UDP friendly news site has suggested that the current government may be going about its business illegally.
And that's because Ministers have not been sworn in as members of the National Assembly, but are already carrying out official duties as Ministers.
The conflict is with part five of the constitution which says, quote, "Appointments to the office of Minister shall be made by the Governor-General, acting in accordance with the advice of the Prime Minister, from among members of the House of Representatives and of the Senate."
But, while they have been elected, the new ministers have not been sworn in as members of the House of Representatives.
Notably, the two senator-ministers, Eamon Courtenay and Chris Coye did take their oaths as Senators before taking the oath as Minister - so they are good. But the suggestion is that all the other ministers are illegal.
And, indeed, they are - especially for those who are first time representatives, because the constitution also provides, quote:
"If occasion arises for making an appointment to the office of Minister while the National Assembly is dissolved, then…a person who was a member of the House of Representatives or of the Senate immediately before the dissolution may be appointed as Minister."
So, that works for John Briceno, Cordel Hyde, Jose Mai, Rodwell Ferguson, Julius Espat, Kareem Musa, Oscar Requena, Mike Espat, Landy Habet, Florencio Marin Jr, Francis Fonseca, Misho Chebat and Luis Zabaneh. But, not so for Kevin Bernard, Dolores Balderamos Garcia, Anthony Mahler, Andre Perez, Ramiro Ramirez, Oscar Mira, Gilroy Usher, Henry Charles Usher and Ramon Cervantes. But the strict definition of the highest law of the land, but…while that may be the law, the long established practice - most likely from George Price's days - is that the first House Meeting - usually ceremonial - is held a month or so after the new government is elected. And that's when the new representatives are sworn in.
For example, when the UDP won on February 8, 2008, it did not hold its first ceremonial sitting of the house until 14th March 2008 - which is when all the members were sworn in. They had been acting as Ministers for at least a month before that.
And, in 1998, when Said Musa's PUP won on August 27th, they were not sworn in until September 12th, 16 days later - but had already been acting as ministers.
It is the norm and the practice, not the law.
No date has been announced for the ceremonial opening of the House of Representatives.
