BASSETERRE, ST. KITTS, OCTOBER 29TH 2009 (CUOPM) - The Constituency Boundaries Commission is a constitutional body appointed in accordance with the Constitution of the Federation of St. Kitts and Nevis.
According to Section 49, there shall be for Saint Christopher and Nevis a Constituency Boundaries Commission which shall consist of a chairman appointed by the Governor-General, acting in accordance with the advice of the Prime Minister given after the Governor-General has consulted the Leader of the Opposition and such other persons as the Governor-General, acting in his own deliberate judgment, has seen fit to consul; two members of the National Assembly appointed by the Governor-General, acting in accordance with the advice of the Prime Minister; and two members of the Assembly appointed by the Governor-General, acting in accordance with the advice of the Leader of the Opposition.
The present constituted CBC has as its Chairman, Attorney-at-Law, Mr. Anthony Johnson.
The two members appointed by the Prime Minister Hon. Dr. Denzil L. Douglas are the Parliamentary Representative for St. Christopher One, Dr. the Hon. Earl Asim Martin and the Parliamentary Representative for St. Christopher 8, the Hon. Cedric Liburd.
The two members appointed by the Leader of the Opposition, Hon. Mark Brantley are Parliamentary Representative for Nevis 10, Hon. Vance Amory and the Nominated Member, Sen. the Hon. Michael Perkins.
Under the Constitution, the chairman shall not be a member of the National Assembly or of the Nevis Island Assembly.
A member of the Commission shall vacate his office at the next dissolution of Parliament after his appointment.
In the case of the chairman, if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such; in the case of a member other than the chairman, if he cease to be a member of the National Assembly otherwise than by reason of the dissolution of Parliament; or if the Governor-General, acting in accordance with the advice of the Prime Minister given after the Governor-General has consulted the Leader of the Opposition in the case of the chairman, in accordance with the advice of the Prime Minister in the case of a member appointed under subsection (1)(b) or in accordance with the advice of the Leader of the Opposition in the case of a member appointed under subsection (1)(c), directs.
The Commission may regulate its own procedure and, with the consent of the Prime Minister, may confer powers and impose duties on any public officer or on any authority of the Government for the purpose of the discharge of its functions.
The Commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings: Provided that any decision of the Commission shall require the concurrence of a majority of all its members.
Section 50 (1) gives the Constituency Boundaries Commission the authority to review the number and boundaries of the constituencies into which Saint Christopher and Nevis is divided and submit to the Governor-General reports either - showing the constituencies into which it recommends that Saint Christopher and Nevis should be divided in order to give effect to the rules set out in schedule 2; or (b) stating that, in its opinion, no alteration is required to the existing number or boundaries of constituencies in order to give effect to those rules.
It calls for reports under subsection to be submitted by the Commission at intervals of not less than two nor more than five years.
It states that as soon as may be after the Commission has submitted a report under subsection (1) (a), the Prime Minister shall lay before the National Assembly for its approval the draft of a proclamation by the Governor-General for giving effect, whether with or without modifications, to the recommendations contained in the report, and that draft proclamation may make provisions for any matters that appear to the Prime Minister to be incidental to or consequential upon the other provisions of the draft.
Where any draft proclamation laid before the National Assembly gives effect to any recommendations of the Commission with modifications, the Prime Minister shall lay before the Assembly together with the draft a statement of the reason for the modifications.
If the motion for the approval of any draft proclamation laid before the National Assembly under subsection (3) is rejected by the Assembly, or is withdrawn by leave of the Assembly, the Prime Minister shall amend the draft and lay the amended draft before the Assembly.
If any draft proclamation laid before the National Assembly under subsection (3) or (5) is approved by a resolution of the Assembly, the Prime Minister shall submit it to the Governor-General who shall make a proclamation in terms of the draft; and that proclamation shall come into force upon the next dissolution of Parliament after it is made.
The question of the validity of any proclamation by the Governor-General purporting to be made under subsection (6) and reciting that a draft thereof has been approved by resolution of the National Assembly shall not be enquired into in any court of law except upon the ground that the proclamation does not give effect to rule 1 in schedule 2.
“This revision is not merely removing obstacles or reasons or possible reasons real or perceived for litigation. It will also add to the scope of the amended Act. It will ensure that there are appropriate declarations consistent with the law, which will be drafted consistently with the provisions of the Constitution and authorities that are already decided the point,” Mr. Astaphan told the Press.
“The proposed revision does not affect the fundamental question which exist today that any candidate nominated must be qualified for election and must not suffer from any disqualification vice, such as dual citizenship of the United States, even if you have renounced, there must be a completion of the renunciation process via the State Department or other relevant foreign affairs authority in that jurisdiction and that if anyone is on Nomination Day suffering from such a vice, any vote in his direction or for him in any election, would be a complete waste of time and that his election would be subject to challenge in the court by election petition,” said Mr. Anthony.
He said there is no concession, abdication or surrender on the essential primary object of the legislation, which was to ensure that on Nomination Day persons who are qualified on Nomination Day to be candidates, swear declarations as to eligibility and disqualification and the question of the legality of that or any contravention of that declaration will be dealt with either in the criminal court in accordance with the provisions of the relevant sections or by petition.
“Anyone who is convicted of an offence of that kind or has been found guilty of the disqualification or swearing to a false declaration will be subject to disqualification. So the substantive basis of the Act remains. What we are doing is advising that the language be clarified to ensure that all that the Returning Officer is responsible to do is to ensure that the declarations are properly attended to and sworn and that questions of eligibility and non eligibility will be dealt with by the high court,” said the senior counsel.
“The primary objective of this legal team is to remove any reason for possible litigation so that we can clear the deck for the Hon. Prime Minister to make his decision when he wants to call the general elections unfettered by injunctions threatened by the political platform,” Astaphan reiterated.
