Francois v Compton
| Jurisdiction | St Lucia |
| Judge | Hariprashad-Charles J |
| Judgment Date | 22 April 2002 |
| Neutral Citation | LC 2002 HC 10 |
| Docket Number | 1024 of 2001 |
| Court | High Court (Saint Lucia) |
| Date | 22 April 2002 |
High Court
Hariprashad-Charles, J.
1024 of 2001
Mr. Martinus Francois in person.
Ms. Louise E. Blenman, Solicitor-General. With her is Ms. Vicki Ann Ellis, Crown Counsel for the defendant/ respondent.
Constitutional law - Fundamental rights and freedoms — General elections — General elections called nearly ten months before constitutionally due — Whether the Governor General acted unconstitutionally — Whether the decision of the Prime Minister to advise the Governor General to dissolve Parliament and call general elections before constitutionally due was unconstitutional — Whether this decision infringed the claimant's constitutional rights of freedom of expression, freedom of assembly and association and the manner by reason of political affliction — Section 55 of the Constitution — Sections 10, 11, 13, 56, of the Constitution — Finding that the decisions to dissolve Parliament and issue new writs for general elections were decisions made in the exercise of prerogative powers and discretions which the Constitution specifically conferred on the Governor General — Finding that it was outside the ambit of the court to review the excise of the Deputy Governor General's discretion since the Governor's decision was not a justiciable issue — Finding that the claimant had adduced no evidence that his constitutional rights had been infringed.
Jurisdiction - High Court — Exercise of prerogative powers by Governor General — Whether the court had jurisdiction to entertain the proceedings — Section 105 of the Constitution of St. Lucia — Finding that section 105 of the Constitution was not the appropriate jurisdiction for the entertainment of the claimant's originating motion — Russell (Randolph) and others v. Attorney General of Saint Vincent and the Grenadines (1995) 50 W.I.R. 127, 137.
The claimant, Mr. Martinus Francois is a well-known attorney-at-law practising in the State of Saint Lucia. He is also the Secretary and a Founding Member of the political party known as The St. Lucia Freedom Party. This Party is a recognized political party within the meaning of section 58 of the House of Assembly (Elections) Regulations, No. 41 of 1973. It was one of the five political parties that contested the General Elections in Saint Lucia held on 3rd day of December 2001. On 20th day of November 2001, the claimant gave notice to the Supervisor of Elections that his Party comprising four members will be contesting the forthcoming General Elections in four electoral districts. On the day of General Elections, only two members of the St. Lucia Freedom Party contested the said elections. The claimant was not one of the two members.
Before attempting to deal with the technical points of law raised in the Originating Motion, it is essential that I chronologize important events leading to the 3rd December 2001 General Elections. Most of what I now outline reflects uncontradicted and unchallenged evidence of the parties. To the extent that there is a departure from any agreed facts, then what is expressed must be taken as positive findings of fact made by me.
The previous General Elections were held on 23rd day of May 1997. The Saint Lucia Labour Party won convincingly. The Governor-General acting in accordance with the Saint Lucia Constitution Order 1978 appointed Dr. Kenny Anthony, the Political Leader of the Party as the Prime Minister. The first sitting of the House of Assembly took place on 17th day of June 1997. The Saint Lucia Labour Party governed Saint Lucia continuously from that date until the dissolution of Parliament by the Deputy Governor-General on the 12th day of November 2001.
Throughout the years and more specifically in 2001, citizens of Saint Lucia who were eligible to vote were registered on a continuous basis at the Electoral Department. In order to facilitate the registration of persons during the months of July to September 2001, the Electoral Department caused an Intensive Out Registration Programme to be carried out throughout Saint Lucia indicating to persons the said ongoing registration process.
Prior to the aforementioned Out Registration Programme, there was widespread publication of its itinerary both in English and Creole in the print and electronic media. Campaigning by contesting political parties continued during the year 2001 and gained momentum towards the latter months of that year.
On 26th day of March 2001, a revised list of voters was published by the Electoral Department. On 30th day of June the said Department published the First Supplementary List of Electors for New Registrations and Change of Names and Addresses. On 12th day of November, the Second Supplementary List of Electors for New Registrations and Change of Names and Addresses was published. On 26th day of November, the aforementioned Revised List was published. Based on the Revised List of Voters, 119,844 persons were registered at the Electoral Department. According to the Chief Elections Officer, Mr. Carson Raggie, from September 2001, his Department was in a state of readiness for the holding of General Elections.
On 12th day of November 2001, the Deputy Governor-General acting in accordance with the advice of the Honourable Prime Minister issued two Proclamations: one dissolving the Parliament of St. Lucia and the other, appointing Friday, 23rd day of November 2001 for the nomination of candidates and Monday, 3rd day of December 2001 for the holding of a poll for the General Election of members of the House of Assembly.
The Saint Lucia Labour Party won a landslide victory capturing 14 of the coveted 17 seats. There was however a remarkably steep decline in voter turnout at the said poll. The St. Lucia Freedom Party of which the claimant is a Founding Member captured an aggregate of 12 votes out of the overall of 62,490 votes which were cast. It is therefore accurate for me to say that the St. Lucia Freedom Party failed woefully in gaining a seat at the said General Elections.
On 20th day of December 2001, the claimant commenced legal action by Originating Motion on a Fixed Date Claim Form against the Honourable Prime Minister of St. Lucia and the Honourable Attorney General. By the time the said Originating Motion was amended, one of the defendants, namely, the Honourable Prime Minister was struck out pro tanto as a party to the Claim by an Order of the court.
The claimant seeks the following Declarations under sections 16 and 105 of the Constitution namely:
(i) A DECLARATION that the decision of the defendant, in particular, Dr. Kenny D. Anthony, Prime Minister of St. Lucia which was made known to the nation on 11th day of November 2001 in a radio and television address to advise the Deputy Governor-General to dissolve the Parliament of St. Lucia effective Monday, 12th day of November 2001 and to issue the Writ for the calling of General Elections on Monday, 3rd day of December 2001 some nine (9) months and three (3) weeks before they were constitutionally due was unconstitutional and unlawful in that it was made in contravention of the claimant's right not to be hindered in the enjoyment of the claimant's freedom of assembly and association with other persons, and in particular to form or belong to political parties, or other political associations guaranteed to the claimant by virtue of section 11(1) of the Saint Lucia Constitution Order 1978 (the Constitution) and that none of the derogations in favour of the defendant as set out in section 11(2) (a) (b) or (c) of the Constitution is applicable to the facts of this case and/or that the matters complained of herein are not reasonably justifiable in a democratic society.
(ii) A DECLARATION that the decision of the defendant, in particular, Dr. Kenny D. Anthony, Prime Minister of St. Lucia which was made known to the nation on 11th day of November 2001 in a radio and television address to advise the Deputy Governor-General to dissolve the Parliament of St. Lucia effective Monday, 12th day of November 2001 and to issue the Writ for the calling of General Elections on Monday, 3rd day of December 2001 some nine (9) months and three (3) weeks before they were constitutionally due was unconstitutional and unlawful in that it was made in contravention of the claimant's right not to be hindered in the enjoyment of the claimant's freedom of expression as guaranteed to the claimant by virtue of section 10(1) of the Constitution and that none of the derogations in favour of the defendant as set out in section 10(2) (a) (b) or (c) of the Constitution is applicable to the facts of this case and/or that the matters complained of herein are not reasonably justifiable in a democratic society.
(iii) A DECLARATION that the decision of the defendant to advise the Deputy Governor-General to dissolve the Parliament of St. Lucia effective Monday 12th day of November 2001 and to issue the Writ for the calling of General Elections on Monday 3rd day of December 2001, some nine (9) months and three (3) weeks before they were constitutionally due was unconstitutional and unlawful in that it was made in contravention of the claimant's right not to be treated in a discriminatory manner in particular by reason of the claimant's political party or opinion guaranteed to the claimant by virtue of section 13(1) (2) (3) and (4) of the Constitution and the same is not reasonably justifiable in a democratic society.
(iv) A DECLARATION that the decision of Mr. Victor E. Girard, Deputy Governor-General of St. Lucia acting on the advice of the Prime Minister and purportedly pursuant to section 55(1) and (4) of the Constitution to issue a Proclamation dated 9th day of November 2001 which proclaimed the dissolution of the Parliament of St. Lucia on 12th day of November 2001 and on 12th day of November to issue a Proclamation appointing Friday, 23rd day of...
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