BASSETERRE, St. Kitts – CALLING it “a triumph of democracy”, the Hon. Mark Brantley, Leader of Her Majesty’s Loyal Opposition in Federal Parliament, has expressed his satisfaction with yesterday’s (Oct. 19) High Court ruling in the disputed electoral boundaries case.
“Democracy was the ultimate victor in the court’s ruling yesterday. The reality is that the decision affirmed the independence of the judiciary and the separation of powers, which is the underpinning of our democracy,” he explained.
“A clear message has been sent, both within and outside the Federation, that democracy is alive and well. This is a triumph of democracy.”
Before a packed room at the Basseterre Court House, His Lordship Justice Errol Thomas delivered a 107-page decision stating, among other things, that the report of the Constituency Boundaries Commission (CBC) was an “illegality, and as such null and void and of no effect”.
The report contained several changes to the electoral constituency boundaries on St. Kitts which opposition party the People’s Action Movement (PAM) deemed unconstitutional. The ruling was met with cheers by PAM’s politicians and supporters, while the government’s team of lawyers were left wondering as to the way forward.
According to Brantley, the next step in the ongoing saga is for the Prime Minister to set an election date. Noting the country “was at the proverbial eleventh hour”, the Nevisian politician said it was “the best choice” of the various options at Prime Minister Hon. Dr. Denzil Douglas’ disposal.
“The Prime Minister can appeal, but as the court rejected the government’s position, he should leave the appeal to one side and move in an orderly fashion towards setting an election date. He must act in a prime ministerial fashion and put the interests of the Federation above those of his political party,” he stressed.
“The level of uncertainty about the calling of general elections should not be continued to permeate. I look forward to him setting a date in the near future.”
PAM filed an injunction in July against the consideration of the CBC Report. Despite the court order, Parliament passed the Report into law several days later, which caused the opposition party to seek two other injunctions, one of which prevented general elections from being held under the new boundaries.
Successive judges heard testimony on the various matters and appeals related to the case before Thomas’ ruling on the substantive matters yesterday.
The government’s course of action is unknown, as counsel Dr. Henry Browne refused to give an official statement on its position. An appeal of Thomas’ ruling would likely result in further delay of general elections.
