BASSETERRE, St. Kitts – MONTHS after passing the National Assembly Elections (Amendment) Act No. 16 of 2009, Parliament reconvened yesterday (Nov. 5) to revise the legislation after it was the subject of contentious legal debate.
The amendment was first passed in early July of this year and sought to ensure that individuals up for nomination in general elections be duly qualified to run. The original legislation mandated that a candidate take an oath that he or she does not hold “dual citizenship”.
In the case that a candidate did at anytime hold a citizenship other than that of St. Kitts-Nevis, proof of renunciation would be required to be submitted to the returning officer, who would approve the documents.
Within months, the main opposition party on St. Kitts, the People’s Action Movement (PAM), brought a legal challenge against the government and called the law “unconstitutional”, as they considered it designed to prevent two of the party’s leaders from contesting the upcoming elections.
PAM lawyers deemed the law bad and stressed that the proposed responsibilities of the returning officer fall within the jurisdiction of the High Court.
Emanating from yesterday’s Parliamentary debates, the revised legislation provides for prospective candidates to make a declaration that he or she is qualified to run in the general elections. While there are already constitutional provisions on the disqualification of candidates, the new legislation requires that an oath be taken on Nomination Day.
According to the new legislation, each candidate is mandated to swear that he or she is a citizen of Saint Christopher and Nevis of the age of twenty-one years or older and is domiciled within the Federation.
The new legislation makes no mention of the expression “dual citizenship”, but candidates are also required to swear that they are not under any allegiance, obedience or adherence to a foreign power or State.
Among other declarations, candidates must swear that they are not ministers of religion, an undischarged bankrupt, certified insane or of unsound mind. No proof of renunciation, as required by the previous legislation, has been included in the revised regulations.
The amendments come about two weeks after the lone PAM parliamentary representative, Hon. Shawn Richards, had filed an affidavit outlining over 18 of his party’s objections to the law.
In a recent press conference, lawyers representing the Government in the matter informed that they had advised the Attorney-General to allow Parliament to “revise” the amendment so as to “clarify the intentions of Parliament”, rather than pursuing the matter in Court.
Similar sentiments were echoed yesterday by Prime Minister Hon. Dr. Denzil Douglas during his presentation to Parliament.
He said, “It has become necessary for us to revisit this piece of legislation again in short time to improve upon what other amendment we would have made in July of this year. We are again seeking to bring this piece of legislation in line with what is the spirit and intent of the Constitution.”
The PM acknowledged that the debates came at a time when the amendment was the subject of heated and lengthy discussions, but he made it clear that yesterday’s revision of the legislation was part of the ongoing process in order to “effectively regulate” the elections process in accordance with the Constitution.
“This amendment to the act seeks to provide for the nomination of candidates for elections in a comprehensive, transparent and detailed manner,” the PM underscored.
For PAM, the move to revise the legislation is being counted as “another victory”, according to one of the party’s lawyers in the constitutional matters, Constance Mitcham.
“It is fair to say that the PAM has been vindicated once again in the action brought against the government. The government has persisted in passing bad laws...They have taken out the offensive portions of the legislation,” she noted.
While PAM lawyers maintain that the act passed yesterday is “still badly-drafted”, they have worded their satisfaction that candidates cannot be denied the right to contest the elections – which was what the opposition party had initially argued against.
The new law is to be gazetted by the end of the day today (Nov. 6).
