BASSETERRE, St. Kitts – DESCRIBED by Attorney-at-Law Sylvester Anthony as “a victory for democracy”, the Court has struck down the case proffered against Commonwealth students voting in the Federation’s General Elections.
The matter was taken before the Court back in 2014 by the law firm of Grant and Powell, which sought to question if students from Commonwealth countries have the legal right to vote under the laws of St. Kitts and Nevis, despite them entering the country as students and not residents.
The law firm had further went to ask the Court to have the names of Nigerian students struck off the Voters’ List ahead of the 2015 General Elections.
However, during a recent exclusive interview with SKNVibes, Ambassador Jonel Powell indicated that the case was delayed owing to several factors, including the fact that the matter was passed on to several judges and that his law firm had forgotten all about it.
Attorney Anthony, who represented the defendants – several African students - told SKNVibes that the Court’s decision maintains “that Commonwealth citizens and Commonwealth students who are in St. Kitts are entitled to be registered and to vote in our elections once they have met the residence and domicile requirements provided for in the Elections legislation”.
The case was presided over by Justice Madam Marlene Carter and, according to Anthony, she denied the application for the names to be struck off the Voters’ List.
That decision comes ahead of a planned revamping of the entire electoral process in St. Kitts and Nevis.
While updating SKNVibes on the latest in the Government revamping of the Electoral process, Attorney-General Hon. Vincent Byron Jr. indicated that it is an issue that they would be considering in the impending changes.
At that time, he said that they would have been monitoring the case.
“You have to understand at the same time that the Constitution does indicate that someone who is a Commonwealth citizen, 18 years and over and was an ordinary resident in St. Kitts and Nevis, they were eligible to register and vote. The regulation that had been put in place is that Commonwealth citizens, regardless of where they came from, would have to reside in the country for 12 months.
“It is a question for us that students, who would have come from Commonwealth jurisdictions, are they here as proper residents and entitled to register to vote as permitted entrants under the Immigration Act…?”
Opposition MP Hon. Marcella Liburd also indicated that the decision is a win for democracy in St. Kitts and Nevis, noting it is the Constitution that gives the rights to Commonwealth citizens and students to vote in General Elections.
“It didn’t discriminate and say that Commonwealth students cannot vote. It said Commonwealth citizens who would have resided here for a year, whether it is to work or what have you. And so I thought that it really was a victory for democracy.”
SKNVibes asked Anthony if any amendments could be made to the Constitution in striking Commonwealth students off the list, and if such would have to be taken to a referendum?
“I have not looked at the Constitution,” he said, “but it seems to me that a change like that, one that affects a person’s right to vote, is considered to be sacrosanct. That right is considered to be sacrosanct! And for me, any government thinking about making a change of that kind would have to go to the people.”
This publication sought to get a comment from Ambassador Powell on the matter, but up to press time the effort was futile.
