BASSETERRE, St. Kitts –REPRESENTATIVES of the opposition party People’s Action Movement (PAM) have launched yet another legal challenge against the government, this time regarding dual citizenship legislation.
Yesterday (Sep. 24), PAM Leader Lindsay Grant and Deputy Leader Hon. Shawn Richards brought legal action against the Attorney-General, Hon. Dr. Dennis Merchant, and the Supervisor of Elections, Leroy Benjamin, opposing the recently passed National Assembly Elections Amendment Act No. 16 of 2009.
The legislation, passed in Parliament on July 3 of this year, mandates that individuals seeking nomination to be a candidate in general elections must take an oath that he/she does not hold dual nationality. It also requires proof of renunciation of citizenship for prospective candidates who had previously held dual citizenship.
Individuals nominating these prospective candidates are also required to swear a similar oath that to his/her best knowledge, the prospective candidate does not hold any citizenship other than that of St. Kitts-Nevis.
According to the legislation, the returning officer will then determine whether the candidate is eligible to run in the elections when he/she is presented on Nomination Day.
Counsel for Richards and Grant, Constance Mitchum, noted her objections to the new legislation, indicating that it is unconstitutional.
“It restricts the pool of persons who can nominate candidates when the new act is asking them to swear an oath that the candidate does not have dual citizenship,” Mitchum said. “This is information that is not likely to be in the nominator’s knowledge; the candidate would know, but not the nominator!”
One of the major arguments posed by Mitchum is that Section 36 of the Constitution reserves jurisdiction to the High Court in all matters relating to the eligibility of individuals standing to be elected to the National Assembly.
She argued that it is “dangerous” to have such power transferred to an individual appointed by the government, which she said is partisan.
“The idea of a person being given the duty to determine the proof of citizenship is a very serious matter because that person can deny [a prospective candidate] the right to run in elections. That person appointed by the government is naturally partisan to the elections.
“They are trying to oust the jurisdiction of the High Court and put it into their personal hands. It goes against democracy if the ruling party can determine who from the opposition can and cannot run,” she asserted.
Mitchum told SKNVibes that her party included in the application its intentions to seek an injunction restraining the government from using the legislation during the next election. She informed that her team is currently awaiting a defence by the AG and Supervisor of Elections in the form of sworn affidavits.
The team of lawyers in this matter is the same team for the ongoing constitutional matter currently before the Court, including Mitchum, Marguerite Foreman, Vincent Byron Jr., Mia Mottley QC and Kamla Persad-Bissessar.
