Re Gordon

• Jurisdiction: St Lucia
• Judge: Bishop, J.
• Judgment Date: 26 January 1968
• Neutral Citation: LC 1968 HC 4
• Docket Number: Motion No. 2 of 1968
• Court: High Court (Saint Lucia)
• Date: 26 January 1968

West Indies Associated States Supreme Court. (High Court)

Bishop, J.

Motion No. 2 of 1968

Re Gordon

Constitutional law - Locus standi — Constitution Order 1967, ss. 70, 96(1) — The applicant alleged that section 70 of the Constitution Order of 1967 head been contravened. He stated that he was a taxpayer, a nominated member of the House of Assembly and an elector. The question was whether the applicant had proved a sufficient interest in accordance with the Constitution

Held: Being a tax payer would not suffice. There ought to be a right, duty or a liability which could be established by a Court. It may be of the nature of a pecuniary or a proprietary interest or an interest which affects the plaintiff himself. The applicant failed to discharge the burden of proof which rested on him of establishing that he came within section 96(1) of the Constitution Order by being a person with a relevant interest. Application refused.

Bishop, J.

1 This is an originating motion in which application has been made by Sir garnet Gordon, a nominated member of the House of Assembly of this territory for a declaration by this court that the provisions of section 70 of the St. Lucia Constitution Order, 1967 have not been complied with and that the procedure followed in the House of Assembly of this State for enacting the Appropriation Act 1968 was unconstitutional.

2 Notice of the motion was served on three parties – the Minister of Finance, the Attorney General, and the Speaker of the House of Assembly.

3 At the hearing of the motion the Attorney General entered appearance as counsel for the three parties upon whom notice had been served.

4 The notice of motion sets out the grounds and at the end thereof is an affidavit in support which has been accepted by the Attorney General as if, stands.

5 The grounds of the application are:

“1. The applicant is a Nominated member of the House of Assembly, an elector in the constituency of the East Castries District in the State of' St. Lucia and a tax payer in the said State.

2. On Thursday 4 ^th January 1967 in accordance with a Proclamation dated 22 ^nd December 1967 and published in the St. Lucia Gazette on the 23 ^rd December 1967 the first meeting of the Second Session of the; House of Assembly was convened.

3. During the said meeting of the House of Assembly the Hon. Premier and Minister of Finance moved the first reading of the Appropriation Bill whereupon the applicant on a point of order objected that the Estimates not having been laid before the House nor having been approved by the House as was required by Section 70 of the Saint Lucia Constitution Order 1967 the Motion for the first reading of the Bill was premature, and unconstitutional. The Estimates had neither been laid before the House nor approved by the House.

6 4. The Hon. Speaker said:

“Hon. Members, before I rule on is would like to point out that the, circulation of papers to members outside of the House, is no indication or cannot be taken that a paper has been laid in the house. Having said that, while the Constitution sets out a certain form of procedure which mast be adopted, I for myself feel that the primary factor is whether Public Funds should be expended without the approval of the House. I find in Standing Orders no definite procedure under which the matter, or rather the form, set out in the Constitution can be adopted. I therefore rule; that it is in order for the Appropriation Bill to be introduced in the manner in which it has been started.”

7 Thereafter the Hon. Minister of Finance proceeded.

5. The applicant in all or any of the following capacities, to wit, as a Member of the House, as an elector and as a taxpayer, having a relevant interest alleges that Section 70 of the Saint Lucia Constitution Order has been disregarded and contravened.”

8 The relevant sections of Section 70 of the St. Lucia Constitution Order read as follows:

“(1) The Minister for the time being responsible for finance shall cause to be prepared and laid before the House of Assembly before or not la thirty days after the commencement of each financial year estimates of the revenues and expenditure of Saint Lucia for that year.

(2) When the estimates of expenditure (other than expenditure charged upon the Consolidated Fund by this Constitution or by any law enacted by the Legislature) have been approved by the House of Assembly, a bill known as an Appropriation bill, shall be introduced in the House, providing for the issue from the Consolidated Fund of the sums necessary to meet that expenditure and the appropriation of those sums, under separate votes for the several services required, to the purposes specified therein.”

The term “financial year” is defined by section 110 of the St. Lucia Constitution Order, 1967 and for the purposes of this application means the period of twelve months beginning 1 ^st January 1968.

9 I think it is appropriate now...