BASSETERRE, St. Kitts – ANOTHER two weeks has been added to the court timeline in the matter of the ‘dual citizenship’ case, as His Lordship Justice Francis Belle has given time for both sides to give their interpretation of a critical clause in the new legislation.
Earlier today (Oct. 26), Justice Belle ordered the claimants, the People’s Action Movement (PAM), 48 hours time to file and serve submissions regarding the party’s interpretation of part of the National Assembly Elections (Amendment) Act 2009.
The amendment, passed in Parliament in early July, stipulates that a candidate for nomination in a general election is required to take an oath on Nomination Day that he or she does not hold “dual citizenship”.
The opposition party launched a legal challenge against the new legislation in late September, as it was felt that the amendment was designed to prevent two of their representatives from contesting the elections.
The amendment dictates that on Nomination Day the returning officer shall be responsible for “administering the oaths and affirmations... [and will] receive and approve proof” of renunciation from prospective candidates.
That section alone has prompted heated discussions and PAM lawyers have criticized the law, claiming that it gives the returning officer power to determine the eligibility of prospective candidates, which is a power they believe belongs solely to the High Court.
Lawyers representing the government in the matter strongly expressed that the Constitution requires candidates to be duly qualified to be elected to Parliament, and further emphasized that the amendment simply calls for full disclosure from prospective candidates. They therefore moved to strike out the originating motion of PAM.
In addressing the court today, Justice Belle also ordered the respondents to make submissions on or before October 29 regarding their position as to whether, according to the law, the returning officer can deny a prospective candidate the right to contest.
Lead counsel Anthony Astaphan explained that his team sought an adjournment of the hearing in order to give consideration to an affidavit filed by the claimants last Friday (Oct. 23).
“There is no question that having seen the affidavit submitted by Shawn Richards and Lindsay Grant, that it requires consideration which may prompt either an affidavit in reply or a modification to our application to strike, either in short or in large measure.”
The Court of Appeal convenes in St. Kitts for most of next week and the matter will be dealt with next Friday (Nov. 6). Justice Belle noted that the submissions of both parties would “narrow down” the case and allow for smoother court management in two weeks’ time.
As the interpretation of the section of the legislation relating to the role of the returning officer bears much significance on what happens on Nomination Day, the respondents assured the Court that Nomination Day would not be called before the matter is resolved.
