PAM injunction against Gov’t granted

BASSETERRE, St. Kitts – YESTERDAY (Jul. 2), the Basseterre High Court of Justice granted an injunction filed by the People’s Action Movement challenging the proposed changes of the constituency boundaries in a time the opposition party describes as “too close to the next General Elections”.

Over the past year, the issue of boundary changes have brought much discussion into the public domain and many have called for the appropriate changes to be made, while other political activists maintain that it would be unfair to make such changes in a year when the General Elections is constitutionally due.

On Wednesday, June 1, the PAM leader Lindsay Grant told a gathering of media personnel that his party was not pleased with the suggested boundary changes. He informed that he had instructed the party’s board of lawyers to file a challenge against the Boundaries Commission and the Attorney General to address the issue of the “unconstitutional basis of any change and the unfairness this would cause in the upcoming General Elections”.

The PAM was represented by Attorney-at-Law Constance Mitchum while the Government’s side was argued by Dr. Henry Browne in the three and a half-hour injunction hearing. The hearing was expected to be ex parte, which would only allow the applicants of the injunction to give their case. However, the presiding judge, Justice Francis Belle, allowed Dr. Browne to sit in on the hearing, a decision that was not opposed by the PAM.  

The injunction was granted to the PAM when Justice Belle decided that each party should be given a chance for the substantive matters to be heard.

In an exclusive interview with SKNVibes, Richards explained that the changes to the boundaries were up for discussion today (July 3) in National Parliament, but noted that the granted injunction would disallow the Government from discussing boundary changes in today’s sitting.

“The injunction was to prevent Parliament from considering any report from the Boundaries Commission. We are of the view that there is a contravention of the law of natural justice, in that the Government is attempting to change the boundaries on the eve of a General Election,” Richards argued. “The constitution of St. Kitts-Nevis speaks to a free and fair elections and changing the boundaries at the very last minute could only be considered a recipe for confusion,” he added.

The Deputy Leader referenced Section 50-2 of the Constitution, which relates to the time period in which the report from the Boundaries Commission should be submitted to Parliament. He indicated that his party is requesting for the Court to give an interpretation of the particular clause to ascertain whether or not the Commission is bringing the report within the appropriate time period. 

When asked if the injunction may cause the Government to defer the date of the speculated July General Elections, Richards said it is a “tough call”, adding that the matter could be tied up in several appeals if parties involved are not satisfied with the outcome. He stated that the case may end up in the Court of Appeal or the Privy Council to bring resolution, but noted that the Prime Minister may call the Elections depending on his confidence of winning the Elections based on the current boundaries.

Both parties are to return to the High Court for the hearing next Wednesday (Jul. 8).