Andre Rollins and Richard Lightbourn outside Ansbacher House yesterday. Photo: Terrel W. Carey/Tribune Staff
By RASHAD ROLLE
Tribune Staff Reporter
rrolle@tribunemedia.net
OFFICIAL Opposition members of Parliament have taken legal action against the government over the recently tabled draft boundaries report, filing an application in the Supreme Court yesterday that seeks leave to begin judicial review proceedings of the draft order.
The plaintiffs, Montagu MP Richard Lightbourn and Fort Charlotte MP Dr Andre Rollins, are represented by attorney Michael Scott. They argue in documents filed yesterday that the draft order tabled in the House of Assembly by Prime Minister Perry Christie last week should be declared void and that the 2012 order on constituency boundaries should be made extant, meaning applicable to the 2017 general election.
The men seek a favourable ruling based on three grounds: that the draft order has been tabled too late to be legal, that it represents egregious gerrymandering and that it seeks to add an additional constituency despite a nationwide pace of voter registration that is well below that of 2012.
This is the first time the Supreme Court has been asked to consider the constitutionality of a draft order that is based upon a report from the Constituencies Commission.
Mr Lightbourn and Dr Rollins hope their legal action will prompt House Speaker Dr Kendal Major to postpone parliamentary debate on the boundaries report, which is scheduled for today, until the judicial review application can be considered.
However, their request seeking that parliamentarians be legally restrained from debating the recommendations of the Constituencies Commission was not granted by the Supreme Court yesterday.
Mr Scott said Chief Justice Hartman Longley declined to hear arguments for the injunction because the plaintiffs’ application was filed too late on Tuesday.
The case will be heard before Justice Ian Winder. A hearing is scheduled for Thursday morning with the Office of the Attorney General expected to be served today.
There are fears that the application could be rendered redundant if Parliament debates the draft order and moves to pass it for gazetting today. The Tribune understands the two Free National Movement MPs will petition the Speaker when the House opens for business not to start any debate as they wish to raise a matter of national importance first to prevent the legislation being “railroaded” through.
The application for leave for judicial review filed by the plaintiffs argues: “The last draft order to be tabled in Parliament was on the 16th November 2011. Pursuant to Article 70, the commission shall in accordance with the provisions of the Constitution, at intervals of not more than five years, review the number and boundaries of the constituencies into which the Bahamas is divided and shall submit to the governor general a single report either stating that in the opinion of the commission, no change is required, or recommending certain changes, and the Governor General shall cause such report to be laid before the House of Assembly forthwith.
“It, therefore, follows as a matter of constitutional principle that any report (and subsequent draft orders) must have been placed before the House of Assembly on or before November 16, 2016. The draft order is therefore out of time and is null and void. Any attempt by the government to rely on the report and subsequent draft order, in breach of the Constitution, is a decision taken by the government and as such is capable of being judicially reviewed.
“It further follows that given that there is no ambiguity under the Constitution as to the time limits to be observed, any attempt to pass the draft order and change the relevant boundaries should be judicially reviewed.”
Regarding gerrymandering, the plaintiffs argue that the proposed changes recommended by the Constituencies Commission is an attempt by the government to manipulate constituencies to its advantage ahead of the general election.
The application says: “The report recommends a change, for example, to the Montagu constituency, to be named Freetown which has been redrawn to take in an area which is stronghold for the Opposition party and which will materially promote the electoral prospects of the government’s candidate at the election. Quite apart from the breach of Article 70 stated above, this is clearly an attempt, at this late stage before an election, to manipulate the boundaries to suit the government’s purposes in advance of the election.”
With respect to the number of seats, the plaintiffs argue that a proposed additional seat is an attempt by the government to manipulate the electoral boundaries for its benefit.
“This cannot be correct procedure only three months before the election when barely 50 per cent of Bahamians entitled to vote have registered,” the application says.
Comments
Publius 7 years, 2 months ago
The Opposition already assented to this report and now they are challenging their own assent. No matter the outcome, I cannot wait until the election is held. I only wish that afterward, we would never have to see any of these clowns currently in Parliament again. But that of course and sadly, is not a reality.
John 7 years, 2 months ago
Time is of the essence and just hope that the legal wrangling does not hinder the anticipated May Election 2017, or cause a great degree of frustration or uncertainty for voters that may be affected that they choose not to vote. Even more crucial that the country goes into election insufficiently or improperly prepared and the end result is mass confusion (voter fraud too).
Publius 7 years, 2 months ago
Right. And if you know the imbeciles driving this, you would know that nothing about the nation's well being is driving anything they are seeking to do.
Zakary 7 years, 2 months ago
It is interesting that they are trying to test the scope of Article 70, but as it stands now, I truly think that this is only going to result in chaos.
Publius 7 years, 2 months ago
Right. The rationale? We are not likely to win this and we didn't get what we wanted with the Minnis and Loretta thing, so let's try to further destabilize the country and see how that works out.
Maynergy 7 years, 2 months ago
Dearly Beloved U did not ask me what my opinion on anything is. True. Just hear me out this time my brothers and sisters. The word I would like U to think about is STEWARDSHIP: I submit that the stewardship of this nation i.e. The Commonwealth of the Bahamas as a people has been compromised when our land, dignity, national symbols, properties are given or sold to anyone who has no historical, social, language, habits, manners and religion as we do. Do U think our present day leaders or government can be called “Xenophile”? I certainly believe this is the case.
ohdrap4 7 years, 2 months ago
this guy like to use word that's big and long.
Honestman 7 years, 2 months ago
The PLP is a party with no moral code. Christie and his band of brothers in crime will do whatever they have to in order to cling to power. This move shows how fearful they are of losing power and how worried they are about D'Aguilar taking a seat off them. A desperate measure that will backfire.
TalRussell 7 years, 2 months ago
by TalRussell
sheeprunner12 7 years, 2 months ago
This is why we should just have prescribed boundary cuts based on main roads ....... no trying to balance numbers on a 21 x 7 rock ......... why do we need 25 seats in New Providence when the total population of the island is normally represented by ONE MP in the US Congress????? ............. our little country carries a heavy financial burden for no real benefit when it comes to MPs and civil servants
Greentea 7 years, 2 months ago
Here here Sheeprunner. Nassau can be represented by 5-10 people And every major island - one member each in order to give the family islands some parity of voice in government and I mean that literally- San Salvador (1) Mayaguana (1) Crooked Island (1) etc. . I don't care if ten people on the island they should have someone to represent their needs that live on that island and can fully represent their interests.
sheeprunner12 7 years, 2 months ago
I agree with you Greentea ......... we only have 30 inhabited islands ...... give Nassau 5 and GB 2 and everyone else 1 for 38 seats according to the Constitution ......... because right now, MICAL is not getting any representation at all and MPs in Nassau are in charge of two or three city blocks
EasternGate 7 years, 2 months ago
Whatever it take to take down the Gangster infested PLP
birdiestrachan 7 years, 2 months ago
One of the above is keeping "Bad Company" Is it Rollins or Lightbourne.?? or are they both bad companies. like birds of a feather.
realfreethinker 7 years, 2 months ago
I think there should be a review before the election,because if the boundry commision is allowed to stand,a losing party could contest the legitimacy of the election on constitional grounds. for too long the government has been allowed to trample on our constitional rights and get away. These guys may have ulterior motives,but it's the right thing to do
TalRussell 7 years, 2 months ago
Comrades! I come to you to give you a snapshot from the political microscope of Montagu's Richard - to drag the courts into helping him when even his own red party doesn't want a damn thing to do with his 2017 candidacy.
Prime Minister Christie is determined that he will split up the "middle class" population of the last of our capital city's - UBP constituency colony - known since 1967 as Montagu.
There's no point in having your own four cannons at Fort Montagu, cause if your supreme court's application is rejected - if you're not willing to dust off the old cannons that haven't been fired in like hundreds years to bring in the cannon balls to defend the last of The Queen's remaining colonial loyalists colony constituencies.
I’m guessing included in $1.2 million military gear donated to us by the Chinese government, were included a few of them grappling hooks with big claws the kind that the tactical unit from the defense force can use to propel themselves up and over to penetrate Fort Montagu's, high limestone walls - if the UBP's, should decide to defend their Montagu constituency colony.
by TalRussell
banker 7 years, 2 months ago
UBP is dead. All the white folks have already shipped out a large portion of their money offshore. The last of the UBP generals is Mad Brad the rapist. Or was that his father?
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