BASSETERRE, St. Kitts – LAWYERS representing both the Government and the opposition People’s Action Movement (PAM) have weighed in and agreed that General Elections can be called on the existing constituency boundaries.
Following yesterday’s (Oct. 20) ruling from the High Court, which described a proclamation to institute new constituency boundaries as “null and void”, Prime Minister Hon. Dr. Denzil Douglas indicated that a standing injunction filed by PAM still bars the calling of General Elections.
“It is important to note that even now the second injunction obtained by PAM prevents the calling of General Elections. My Government, it will continue to obey the rule of law and honour our oath to uphold the Constitution of the Federation of St. Kitts and Nevis. The Attorney-General and the legal team are now in consultations on the way forward,” he said in his address to the nation yesterday.
The PM’s statements spurred much debate, as many citizens questioned whether there are any limitations to prohibit the Prime Minister from setting a date for the General Elections.
Legal counsel representing the PAM, Constance Mitcham, described the Prime Minister’s statement as “rubbish”.
“The proclamation would have brought in new boundaries when the House is dissolved. It has to be nonsense what [Douglas] is saying. Now, he has the decision to make, so what else is he waiting for? Douglas is just playing smart and thinking that people are foolish...because he does not want to go on the existing boundaries. There is nothing that we have filed that could be stopping him because we filed injunctions on new boundaries,” Mitcham asserted.
The injunction in question, granted on July 9, restrains the Electoral Commission and the Supervisor of Elections from conducting and/or supervising any elections on the basis of any new boundary changes to the constituencies in the Federation proposed within the report of the Constituency Boundaries Commission (CBC).
Mitcham added, “The Court made it quite clear that the CBC report on which the proclamation was based was unlawful. So, the entire government’s case has fallen flat on its face and we are therefore back to the old boundaries.”
SKNVibes contacted legal counsel for the Government, Sylvester Anthony, to weigh in on the issue. He carefully explained that given yesterday’s ruling, the second injunction to which the Prime Minister refers would be “of no moment”.
However, he noted that the injunction technically still stands as a Court Order and would therefore have to be formally discharged.
“Given the judgment of the Court, declaring that the proclamation is null and void, it means that the proclamation cannot come into effect. It would then mean that if Parliament is dissolved today, the elections would have to be called on the existing boundaries,” Anthony stated.
As it relates to the actual calling of the General Elections, Anthony said that the decision is strictly a political one and would depend entirely on the Prime Minister.
He also informed that yesterday’s ruling does not stop the work of the CBC, indicating that it can still meet and have a new proclamation to realign the constituency boundaries.
