Basseterre (10th November 2009) - Several calls from the leadership of the Opposition People’s Action Movement (PAM) to call the general election on the present boundaries have raised the question if the PAM are really concerned about free and fair elections.
The PAM boycotted the Electoral Reform Process, which was recommended by the Commonwealth Assessment Mission in 2005 after the general election of 2004. Their refusal to take part in the Electoral Reform Process again raises the question if they are really concerned about free and fair elections. Several invitations were sent to them to take part but they preferred to remain on the fringes and stir up trouble.
The PAM continues to peddle the view that the Labour Government wants to realign the constituency boundaries because they want to give themselves an unfair advantage in the upcoming elections that are constitutionally due to be held no later than March of 2010. However, this is nothing but political mischief.
The decision to realign the constituency boundaries comes out of the recommendations of the Commonwealth Assessment Mission Report that stated that “A review of the boundaries and constituencies is long overdue and necessary in light of population shifts and growth in some constituencies, physical developments and the disparity in representation occasioned by urban/rural differences”.
For example the report claimed that in the 2004 election, constituency number 2 in St. Kitts had 6,077 voters on the register followed by Constituencies 1 and 8 with over 5,000 voters on the register while constituencies 3, 4, 5, and 6 had under 3,000 voters on the register.
This means that one constituency had twice the number of voters on its register than four others. This clearly indicates that the review of the boundaries is of utmost importance in the conduct of a free and fair election.
After a judicial review of the previous Constituency Boundaries Commission Report and the Proclamation that would have given legal effect to the realignment of the constituency boundaries, Justice Errol Thomas ruled that the Proclamation was null and void and of no legal effect.
The judge ruled that the “Commission in accepting the recommendations of the Boundaries Technical Committee (which was deemed unconstitutional) abdicated in favour of that body”.
The PAM, in their bid to mislead the electorate said that the court ruled that the election be held on the present boundaries when the court didn’t make such a ruling.
Justice Thomas in his judgment never ruled or implied in any way that the elections be held on the present boundaries. He paved the way for the government to correct the procedural flaw.
The Constituency Boundaries Commission has reconvened and is presently deliberating on a new report.
The PAM continues to peddle the view that the Government wants to re-align the boundaries “on the eve of an election” despite Justice Thomas’ ruling that timing was not an issue in the submission of the CBC Report to the Governor-General.
PAM’s lawyers had argued heatedly in court that the requirement to submit the CBC Report to the Governor-General was in breach of Section 50 (2) of the Constitution, which states that the CBC after reviewing the number and the boundaries of the constituencies by which St. Kitts and Nevis is divided shall submit to the Governor-General a report at intervals of not less than two nor more than five years.
Justice Thomas ruled, however, that timing was not an issue and that the timeframe in Section 50(2) of the Constitution was “directory” and not mandatory, thereby throwing out the argument of the PAM.
