BASSETERRE, St. Kitts – TENSION across the nation as a result of the ongoing constituency boundaries case has subsided as representatives of the Peoples Action Movement (PAM) walked away from the steps of the Basseterre High Court victorious after a contentious legal battle over the nation’s constituency boundaries.
This morning (Oct. 19), His Lordship Justice Errol Thomas delivered the Court order of the 107-page ruling. He opened his delivery by explaining that the Constituency Boundaries Commission (CBC) has the exclusive jurisdiction of reviewing the electoral boundaries within the Federation and making recommendations, if necessary.
Thomas stated that in considering and accepting the recommendations contained in the report of the Boundaries Technical Committee (BTC) – which it had no obligation to do – the CBC took into account “irrelevant considerations, especially since the Committee was purporting to exercise the function of the Commission”.
This therefore rendered the CBC Report an “illegality, and as such null and void and of no effect”.
“The Commission in accepting the recommendations of the BTC abdicated in favour of that body,” he continued. “The Commission in the exercise of its functions under section 50 of the Constitution and in submitting a Report to the Governor-General based [on] the acceptance of the BTC’s recommendations failed to exercise its performance of its functions in accordance with the rules prescribed in this regard by Schedule 2 to the Constitution.”
When the original application was brought against the government on July 2, an injunction was granted, prohibiting the use of a CBC report, which proposed a number of changes to the constituency boundaries on the island of St. Kitts.
However, on July 9 Prime Minister Hon. Dr. Denzil Douglas went ahead and laid the report in Parliament, triggering PAM’s representatives’ application for a second injunction that barred the Electoral Commission and Supervisor of Elections from acting upon those changes.
Justice Thomas explained that because use was made of the Commission’s report, notwithstanding the enforced injunction, the proclamation to institute new constituency boundaries must therefore be of no effect.
“Contrary to the restrictions contained in the injunction granted by law this Court on July 2, 2009, use was made of the Commission’s Report and with the injunction and being set aside the Proclamation which purported to give effect to the said Report is null and void and of no legal effect,” Thomas read.
The injunction granted on July 2 and confirmed on July 8 was subsequently discharged, as it would have no more bearing due to the Proclamation being declared null and void.
During the three-month hearings, lawyers for PAM argued that there was much bias, bad faith and improper purpose in the entire electoral reform process, but Thomas noted that such “generalized allegations...are insufficient”.
He also stated that the PAM “have no right to be heard or consulted in the making of recommendations by the Commission”, and that the PAM had given up any chance to make recommendations when they refused to participate in the Electoral Reform Process.
Justice Thomas also indicated that the Statutory Rules and Orders 18 of 2006, which governs the BTC, is unconstitutional and therefore renders the BTC itself as null and void.
Legal counsel for PAM Constance Mitcham exited the Court House waving a victory sign, proclaiming that “the proclamation is null and void!”
Speaking to the press, she said she was pleased that her party was victorious in the substantive matters, adding that elections can now be called on the old boundaries if the Prime Minister so chooses.
“The party has done a great service for this country. We were castigated by the government’s side saying that our claim was frivolous and ridiculous. I suppose that was in a way for them to try to justify their allegations all these years that the constitution is flawed, but I think that the constitution is alive and well and it is workable,” Mitcham stated, adding that appeals from the government’s legal counsel may still happen.
As it relates to the separation of powers, Mitcham asserted that ruling demonstrated all arms of government are subordinate to the Constitution.
Lawyer representing the government in the case, Dr. Henry Browne, did not give an official statement but repeated that his team is “back to square one” after the ruling.
He indicated that he had to read the ruling before a statement or any decision to appeal is made.
The government was ordered to pay costs to the claimants as a part of the verdict, but the exact amount was not disclosed during the ruling.
Thomas thanked the lawyers for their extensive research, as the case is one of great importance and gravity not only for St. Kitts-Nevis, but for the wider Caribbean.
While some closure has been brought to the substantive matters, the general elections may be subjected to another delay as appeals could still be launched from the government side.
