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Posted: Friday 10 July, 2009 at 11:23 AM

Elections with new boundaries allegedly barred by further injunctions

By: Melissa Bryant, SKNVibes

    BASSETERRE, St. Kitts – MAIN St. Kitts opposition party the People’s Action Movement (PAM) has been granted an injunction to prevent the Governor-General from signing the draft proclamation on the boundaries report passed yesterday (July 9) in Parliament.

     

    The party was also successful in obtaining another injunction, which restrains the Supervisor of Elections or the Electoral Commission from supervising any elections with the proposed new boundary changes until the substantive matters of the case are heard in the High Court.

     

    “We went to court this afternoon and were granted two injunctions,” revealed PAM Political Leader Lindsey Grant at a public meeting in Old Road last night. “The first states the Governor-General [His Excellency Sir Cuthbert Sebastian] cannot sign the Proclamation if [Prime Minister] Denzil Douglas or the Attorney-General brings it to him. So even if the Governor-General gets the resolution tonight, he cannot sign it.

     

    Added Grant, “If the Governor-General has already signed the Proclamation before the injunction was served to him tonight, the second court order inhibits the Supervisor of Elections or the Electoral Commission from calling general elections with these new boundary changes. If Douglas wants to call the elections now, he will have to do so with the boundaries as they are.”

     

    PAM first raised legal resistance to the changes on July 2, when it was granted an injunction to prevent the Commission’s report from being laid in Parliament. The order was upheld despite government challenge and the matter was adjourned until Monday, July 13.

     

    However, despite the pending court action, Douglas tabled the draft proclamation on the report in an emergency session of the National Assembly on Wednesday (July 8). The resolution was subsequently approved yesterday to be forwarded to the Governor-General for his signature, which would render the boundary changes legally binding.

     

    The government’s insistence to move forward with the changes has been met with resistance from PAM and Parliamentary representatives of the Concerned Citizens’ Movement (CCM), who walked out of the House during yesterday’s session in protest. It has also generated much public confusion, as persons have been divided as to which party has the rule of law on their side. 

     

    Calling the injunctions “a victory for democracy”, Grant said he would not give up the fight for free and fair elections. He disclosed that numerous QCs from across the OECS would be present at the hearing on Monday because of the “dangerous precedent” Douglas was setting for the rest of the region.

    “I have had calls from lawyers in Barbados, Trinidad and Tobago, Guyana and Jamaica, and they all want to be present for Monday’s hearing. That is because they realise the illegality of the Prime Minister’s actions have serious implications for the rest of the region. Douglas cannot be allowed to change the boundaries at the last minute. No man should be allowed to think he is above the law,” argued Grant.

     

    Douglas is expected to address the issue more thoroughly at a press conference this morning (July 10).

     

     

     

     

     

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