BASSETERRE, St. Kitts – STATEMENTS made by Prime Minister Hon. Dr. Denzil Douglas yesterday (Oct. 21) have been the subject of discussion among lawyers, as they debate whether or not the latest injunction applied for by the People’s Action Movement (PAM) is delaying the calling of General Elections.
In his October instalment of monthly press conferences, PM Douglas announced that his government was served an application by the opposition party PAM yesterday challenging the constitutionality of a new amendment mandating proof that any political candidate does not hold dual citizenship.
Douglas was pointed with his statements, accusing PAM of deliberately creating turbulence in the electoral process.
“I think the opposition is trying to create an atmosphere of uncertainty in the country,” stated Douglas.
He said the new application “basically is asking the court for an order to stop both the Attorney-General and the Supervisor of Elections from making any preparations for General Elections on the present old boundaries”.
Legal counsel for PAM Constance Mitcham was equally sharp in her response, claiming that the Prime minister is “very skilful at twisting words”.
She argued that the crux of the argument filed within PAM’s originating motion on September 26 was to restrain the returning officer from carrying out any examination of a candidate’s citizenship renunciation and has nothing to do with the calling of elections.
“The Constitution says matters of questions for elections are in the hands of the High Court. So, our case is about the jurisdiction of the Court rather than passing it on to somebody who is appointed through the Douglas regime. Now the Prime Minister is twisting that to say that we have asked for an injunction against elections.
“Well, he has been described as a person who is a stranger to the truth, and I can tell you specifically that that is untrue. His statement to the press is untrue. We have not filed any injunctions at any time to stop any elections,” Mitcham responded.
When contacted, lawyer representing the government in the constitutional matters, Sylvester Anthony, took a different spin on the matter, informing that the injunction that was applied for by PAM does indeed delay the calling of General Elections.
He explained, “One of the things that the amendment does is to replace the nomination form and introduce a new one. Therefore, an attempt to get an injunction to prevent the enforcement of law [the new nomination form] means that there is no nomination form to be used. And so, when Nomination Day comes, what will we use? You cannot have an election without people being nominated.”
The government’s team of lawyers applied to strike out the originating motion, which includes the injunction, but PAM has sought to get an injunction hearing in the matter.
Both matters are expected to be heard Monday coming (Oct. 26) and it is expected that the way forward would be clearer after these matters have been resolved.
