BASSETERRE, St. Kitts – THERE is rejoicing in the Unity camp today (Jul. 31) following the handing down of a judgment - by the High Court in the Boundaries Case - which nullified the report of the Constituency Boundaries Commission of September 2013.
The Report was to change the alignment of the existing constituency boundaries and was forwarded to Prime Minister the Rt. Hon. Dr. Denzil L. Douglas who laid it before the Parliament in September 2013, and the draft proclamation was agreed upon via resolution.
That draft proclamation was to have been forwarded to the Governor General for a proclamation – outlining the new boundaries – to be drafted into law.
Members of Her Majesty’s Loyal Opposition – who are also members of Team Unity – however obtained an injunction restraining the Governor General from signing the proclamation until further word had come from the court.
The claimants’ case was based on three grounds: 1. that the data used in determining whether boundary changes should be made (preliminary census data) was preliminary and subject to change, 2. that the Chairman of the Commission – Peter Jenkins – was tainted with bias and 3. that the Commission failed to engage in a proper process of consultation.
On the first two counts, Justice Darshan Ramdhani ruled that the claimants had no case but the latter was enough for the court to rule in favour of the claimants.
His Lordship ruled that the Constituency Boundaries Commission report dated September 5, 2013 is “null and void and of no effect” and that the decision of the Commission outlined in its report is quashed.
He also made an order prohibiting Prime Minister the Rt. Hon. Dr. Denzil L. Douglas from making use of the report and the hand of the Governor General has also been stayed from making use of said report.
All parties are to bear their own costs.
In an interview with the media following the reading of the judgment, the Hon. Dr. Timothy Harris - one of the claimants and Leader of Team Unity - said the judgment comes as no surprise, is a victory for democracy and is reason for celebration.
