BASSETERRE, St. Kitts – THE Privy Council, in a written judgment handed down today (May 11), explained reasons for the decision it made and delivered on February 12, 2015 to suspend he proclamation which sought to give effect to the realignment of the constituency boundaries in St. Christopher and Nevis.
After two days of submissions, the Privy Council repealed the decision of Justice Marlene Carter of the High Court which was upheld by the Eastern Caribbean Supreme Court to set aside the January 16, 2015 injunction granted to prohibit the use of the Constituency Boundaries Commission report for the purposes of realigning the boundaries.
Its ruling to suspend the January 16, 2015 proclamation for boundary realignment and any effect it would have, until further notice, led to the February 16, 2015 General Elections being held on the old constituency boundaries.
In its written judgment, the Council explained that the case hinged on the definition of the word “proclamation” and all that that entails in the context of the Constitution of St. Christopher and Nevis.
It explained that it was satisfied that the constitutional requirements for the publication of the proclamation prior to the dissolution of Parliament were unfulfilled.
The Council indicated that unchallenged evidence shows that the proclamation was not published before January 20, 2015 although members of the then Government had indicated it was so done on January 16.
The Lords also indicate that because the Constitution provides for boundary realignment via proclamation to take effect only after the dissolution of Parliament, if the proclamation has validity it would only be effective after the dissolution of the Parliament, which convenes later this week.
“It follows, in the Board’s view, that the impugned proclamation was made no earlier than 20 January 2015 when it became available to the public by publication in the Gazette on the authority of the Governor-General. The proclamation dissolving Parliament was published at the same time. In that proclamation (which, like the impugned proclamation, was erroneously stated to be published on 16 January 2015) the Governor-General dissolved the Parliament ‘as from the 16 day of January, 2015’. That dissolution, which unquestionably occurred with effect from 16 January, predated the ‘making’ of the impugned proclamation. As a result, the impugned proclamation, if valid, will have effect only on the dissolution of the Parliament that was elected on 16 February 2015 (section 50(6)).”
A press release issued by the Team Unity Secretariat quotes Prime Minister the Hon. Dr. Timothy Harris describing the decision as a vindication of constitutional democracy.
“It is ironic that Douglas’ own indecent haste to impose new boundaries caused him to dissolve the Parliament before the boundaries proclamation was properly made. In doing so, it was Douglas himself who ensured that the existing boundaries had to be used for the election.
“This decision of the Privy Council - like the decision of the people of St. Kitts and Nevis in the election on 16th February 2015 - is a vindication of the rule of law and constitutional democracy, and a complete rejection of the political immorality which had become commonplace in St. Kitts and Nevis in recent years leading up to the General Elections.”
