PM calls injunction a “danger” to Constitution

BASSETERRE, St. Kitts-SPEAKING this morning (July 9) in Parliament, Hon. Prime Minister Dr. Denzil Douglas said that the injunction filed by the People’s Action Movement (PAM) to prevent the discussion of constituency boundary review poses a “real and present danger” to the Constitution. 

On Thursday (July 2), Constituency #5 Representative Hon. Shawn Richards filed an injunction on behalf of PAM to prevent anyone “from submitting to the Governor General or making use of any report purportedly pursuant to Section 50(1)(a) until a hearing of this action  or until further order of this Honourable Court”.

PAM’s legal counsel has stated that this injunction would prevent Parliament from further discussing the Report of the Constituency Boundaries Commission. 

Despite the injunction, an emergency session of Parliament was called yesterday (July 8) by the Prime Minister to discuss the findings of the controversial Report, but was ended abruptly because nearly all Opposition Members were absent from the session. 

Parliament resumed this morning despite many Opposition Members, as well as the Representative for Constituency #2, Hon. G. A. Dwyer Astaphan, being absent, and proceeded with discussions of the Boundaries Commission’s report. 

During the session, Douglas declared that he was advised by his legal counsel that the filed injunction could not prevent Parliament from discussing the motion before them. 

“I want to make it absolutely clear, Mr. Speaker, that I have sought legal advice and I am advised legally that the injunction, which I understand bars other people or injuncts [sic] other people, does not injunct me from doing what I read here to have been my constitutional responsibility once this document was in my hand,” the PM stated. 

Citing Section 50(3) of the Constitution, Douglas said he has a legal obligation to present a draft proclamation to the National Assembly that would override the injunction filed by PAM. 

The relevant section of the Constitution states: “As soon as may be after the Commission has submitted a report under subsection (1) (a), the Prime Minister shall lay before the National Assembly for its approval the draft of a proclamation by the Governor-General for giving effect, whether with or without modifications, to the recommendations contained in the report, and that draft proclamation may make provision for any matters that appear to the Prime Minister to be incidental to or consequential upon the other provisions of the draft.”

Furthermore, the Prime Minister said he received his copy of the Boundaries Commission Report prior to the injunction being filed, thus making the High Court order invalid. 

“I want to make it absolutely clear, so there is no controversy whatsoever, that were I advised that the injunction had so impeded me as the Prime Minister or had impeded the Parliament with its work, I would not have proceeded to do so or advised the Parliament for the need for a sitting. 

“I believe that the sitting is important, of course, to do the people’s business. And so we are here, Mr. Speaker, having sought and obtained strong legal advice that the Parliament is not injuncted, nor is the Prime Minister injuncted. And so, we are here to do the people’s business,” Douglas said in his opening remarks. 

He added that the injunction filed by PAM was an attempt to “derail” the upcoming elections. 

“I believe that the conduct that is being pursued by them really presents a real and present danger to derailing the government’s commitment for holding the election within the time period specified by the Constitution.

“I want to warn, Mr. Speaker, that these kinds of antics is really the same that we have seen over the last two years that we have started whole exercise of electoral reform. I will not allow the government to fail,” the Prime Minister said.