Court begins hearing arguments to strike out boundaries case injunction
- Published on Friday, 27 September 2013 08:59
- Written by Andre Huie
- Hits: 2009
St. Kitts and Nevis (WINN): The court hearing pertaining to matters of the Boundaries Change injunction case, began Friday morning about 9:30am. Justice Darshan Ramdhani began hearing arguments in an application to strike out the injunction application by the claimants; a continuation from the case last week Friday.
Counsel representing the respondents, sought to convince the judge that there is no legal basis to have the injunction to prevent the Governor General to sign off and proclaim the electoral boundaries changes effective. Counsel representing the Governor General argued on three points: the claimants did not comply with the court order in filing their substantive claim; that there is no cause of action to file the injunction and that there is no grounds constitutionally that should prevent the Governor General from doing a task he is obliged to do—in this case the proclamation of the boundaries changes. It was also argued that the claimants did not challenge the constituency boundaries changes resolution but rather the report of the boundaries commission.
Lead Counsel Mr. Anthony Astaphan, representing the Prime Minister argued that the parliament has the power to amend or reject the boundaries commission report. He said the court cannot interfere with a decision by the House of Assembly unless a constitutional provision was infringed by the House. He said consultation with members of parliament on the matter of boundaries changes is not one for the court or respondents in this case to decide. Court was adjourned till 1pm today where Mr. Astaphan will continue his arguments and a response is expected by Douglas Mendez S.C. on behalf of the claimants.
The court injunction barring the Governor General from acting on the boundaries changes was filed by four Members of the Opposition: Mark Brantley, Shawn Richards, Timothy Harris and Eugene Hamilton on September 9th. Within days (September 13th) the Attorney General’s Chambers filed a Notice of Application to have it discharged.
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