BASSETERRE, St. Kitts – THE Constituency Boundaries Commission (CBC) is seemingly moving ahead with its work ahead of General Elections and is expected to meet shortly to review the number of constituencies in the Federation.
In a letter addressed to parliamentary representatives for the People’s Action Movement (PAM) and the Nevis Reformation Party (NRP), dated October 26, CBC Chairman Anthony Johnson noted the Commission’s intention to meet in order to review the Federation’s boundaries.
Johnson cited Section 50 of the Constitution to give a clear understanding of the role and function of the CBC.
“As a member of the National Assembly, I believe that you have been aware of the work of the Commission in recent times, and you and the Party you represent in Parliament must have exercised your minds as to whether boundary changes are needed and possible permutations, if you have assessed a need for such changes,” the document stated.
As a courtesy of the Commission, the representatives were invited to make suggestions to the CBC for potential boundary changes by noon on November 2, 2009.
The CBC met for its first official meeting on June 5 of this year and produced a report making recommendations to change the delimitations of constituency boundaries on the island of St. Kitts. The report was then laid in Parliament on July 8 and passed on to the Governor-General to sign the proclamation, making the proposed constituency boundaries law.
PAM challenged the report with claims that it would go against the rules of natural justice to change constituency boundaries in what they considered to be “the eleventh hour”. The opposition launched a judicial review of the work of the Commission.
The presiding judge His Lordship Justice Errol Thomas, in an October 19 ruling, pronounced the signed proclamation null and void, explaining that the feeder committee to the Commission, known as the Boundaries Technical Committee, was unconstitutional and of no legal effect. Allegations of bad faith, improper purposes and bias filed by PAM were all rejected as they were deemed “insufficient”.
Immediately after the 13-week trial, Prime Minister Hon. Dr. Denzil Douglas made no mention of calling General Elections on the existing boundaries, even though the proposed boundary changes ceased to exist. He did, however, remind the public that the CBC still exists and could file a new report for Parliament to pass a proclamation from, giving effect to yet another change in the nation’s constituency boundaries.
“[The CBC’s] work has remained largely incomplete. There is the serious issue of the inequality in the sizes of the constituencies. Given the weight of the Commonwealth observer team’s initial advice is still there ...we felt the CBC having not yet completed the exercise... should be allowed to complete its work,” PM Douglas explained to members of the media in his October press conference held on October 21.
In Justice Thomas’ ruling, he made it clear that the claimants (PAM) had no right to be heard or consulted by the CBC in making recommendations for boundary changes. He added that even if they did have that right, it was waived in the party’s refusal to take part in the Electoral Reform Process.
Following Thomas’ ruling, the CBC decided to make the offer for PAM and NRP to be included in the discussions.
When contacted, PAM representative Hon. Shawn Richards chose not to give a comment on the matter, but indicated that he would be willing to do so at a later date.
NRP’s Hon. Patrice Nisbett confirmed that he received a letter from the CBC, but could not comment as he did not have a chance to read the letter. This media house also contacted Johnson, who similarly declined to give a comment.
SKNVibes has been reliably informed that the CBC is set to meet today (Oct. 28) with one of the government’s lawyers to be briefed on the 107-page ruling handed down by Justice Thomas.
