Thomas R Walcott Applicant v Attorney General of Saint Lucia Respondent [ECSC]

• Jurisdiction: St Lucia
• Judge: d'Auvercme J.
• Judgment Date: 24 January 1996
• Judgment citation (vLex): [1996] ECSC J0124-2
• Date: 24 January 1996
• Court: High Court (Saint Lucia)
• Docket Number: Suit No. 629/1995

[1996] ECSC J0124-2

IN THE HIGH COURT OF JUSTICE

(CIVIL)

Suit No. 629/1995

In the Matter of the Sections 79(1) 110 (1) and 118 (1) of the Constitution of St. Lucia

Between:

Thomas R. Walcott

Applicant

and

The Attorney General of Saint Lucia

Respondent

Appearances

Mr. Velon John for Applicant

Mr. Errol Thomas, Solicitor General, for Resoondent

d'Auvercme J.

1 By two notices of : motion files on the 7th September, 1995 the Applicant applied to the High Court for certain declarations and orders.

2 The two notices of motion were consolidated and after points in limine were taken. and replied to, the motion was allowed proceed without the name of the Governor-General of Saint Lucia.

3 A Declaration and orders applied for were:

• (1) A Declaration that the Respondents contravened Section 79 of the Constitution of Saint Lucia by laying on the table of the House of Assembly the Estimates of Expenditure for the year 1995/96 on Thursday the 6th June 1995.

• (2) A Declaration that the Second reading of the said Estimates of Expenditure nor being in compliance with Section 6 8 of the Standing orders of the House of Assembly ana Section 79 of the Constitution was ultra vires the powers conferred upon the Respondents.

• (3) A Declaration that the passing of the Estimates for the financial year 1995/96 by the Saint lucia House of Assembly and Parliament is null and void.

• (4)

  • (1) A Declaration that the Respondents contravened Sections 110 (1) and 118 1) of the Constitution of Saint Lucia by Calling to appcir.t md establish a Parliamentary Commissioner and Integrity Commission respectively.

  • (2) An order that the said Governor-General be ordered to conform to the said provisions of the said Constitution and to bring into existence within 60 days the Parliamentary Commissioner and the Integrity Commission.

4 Such rurther other order, declarations or orders as this Honourable Court deems right and just.

5 That the costs of this action be borne by the Attorney General.

6 The Applicant Thomas Waicctfc deposed by affidavits the following:

AFFIDAVIT 2 reads as follows:

(2) I have observed 1990 to 1995 the Governor-General has failed to establish in the state of Saint Lucia an Integrity Commission and has also failed to appoint a parliamentary commissioner as mandated by conditions 118 (1) and 110 (1) of the Constitution of Saint Lucia 1978.

(3) As a citizen of this State if such violations of constitutional provisions of the part of the Governor General are allowed, then my essential rights and freedoms as enshrined in the said Constitution are threatened and the security and stability normally engendered by the observance of all constitutional provisions by the State will be subverted and anarchy and dictatorship will constitute the political ethos of our time.

(4) Further allegations of conruptions of the part of Government officials and which said allegations in part necessitated the establishment of a Commission of Inquiry by the Governor General, necessitate the establishment of an integrity Commission and the appointment of a parliamentary Commissioner.

(5) further still the allegations of Government mal practices and which has necessitated international agencies like the United States Agency for INternational Development Corporation, the United Nations International Drug Control programme (UNDOR) the Group of seventy seven (G77) and the Perez-Guerera, to demand refunds of aid monies granted for projects in Saint Lucia, necessitate full, total compliance with the said and relevant provisions of the Saint Lucia Constitution.

(6) I further state that the laying on the table of the House of Assembly og the Estimates of Expenditure by the Government on the 8th June 1995 was contrary to section 79 (1) if tge said Constitution, and that the ensuing Appropriation Bill was in contravention of Sections 65 (1) of the Standing orders of the House of Assembly, and thus making the management of all financial and fiscal matters of my country for that period illegal and un-constitutional.

(7) In this morass of illegalities and at least questionable conduct on the part of the Governor-General and the Government of Saint Lucia, I as a citizen and tax payer rightly fear that my contribution to the Revenues of the State will be unlawfully dealt with and I would be in no position to utilise the office of the parliamentary Commissioner nor invoke the powers of the Integrity Commission to address my concerns.

(8) As a former member of the Senate in a democratic country I greatly fear that the democratic principles upon which this country was founded are gradually and insidiously being eroded.

AFFIDAVIT 1

• (1) "I am a citizen of Saint Lucia, voter and payer of taxes to the Government of St. Lucia, an ex Senator of the Saint Lucjya House of Assembly ana a Civil Engineer.

• (2) On Thursday the 8th June, 1994 at the 4th Sitting of the 2nd Session of the House of Assembly the Estimates of Expenditure for the financial year 1995/96 were laid on the Table of the said house by the Respondents.

• (3) That the laying of :r.e said estimates occurred approximately 66 lavs after the end of the of the financial year 1994/95

• (4) The said laying of the said estimates by the Minister of Finance was in direct violation of Section 79 (1) of the Constitution of Saint Lucia and thus making all processes and instruments emai-aciuu therefrom unconstituticitol and therefore null and void.

• (5) One of the instruments emanating therefrom is the Appropriation Bill and which according to Section 65 ;l) of the Standing Order of the House of Assembly has to be in accordance with Section 79 1; of the said Constitution.

• (6) As a citizen, voter and tax payer of this state and in the face of allegations if corruption on the part if this Government including the misuse of the Consolidated Fund and which allegation m part Lave necessitated the establishment of a Commission of Inquiry ov tne Sovernor-General, I am concerned that the management of tne financial and fiscal affairs of tne State has been compromised to the oetrtment of myself and ail tax paying citizens of this country.

• (7) Further that this perceived violation of the Constitution by the Government of Saint Lucia threatens my faith in the integrity of the said Government, its processes and organs ana puts into question this Government and the Governor-General's capacity, intention, integrity and duty to protect my essential rights ana freedoms as enshrined in the said Constitution.

• (8) I make this Affidavit from my knowledge and in support of the Motion filed therein.

7 On the 25th September 1995 the following affidavits were filed on behalf of the Respondent.

8 They are reproduced in their entirety.

AFFIDAVIT IN REPLY

9 I LORRAINE BERNADINE WILLIAMS if Redult Orchard, in the Quarter of Gros Islet in the State of Saint Lucia, Attorney-At-Law, make oath and say as follows:

• 1. I hold the office of Attorney General of Saint Lucia and at the Second Respondent named in this action.

• 2. I am a member of the Upper House of Parliament and thus a Senator.

• 3. I am advised by Oounsel for the Respondents and verily believe that with respect to matters such as the laying of Estimates of Expenditure as required by the Constxcution of Saint Lucia is subject to a number of variables both within and outside of Saint Lucia.

• 4. I am advised further by Counsel for the Respondents and verily believe mat cecause One variables as aforesaid it is not always possible to comply strictly with the letter of tne — Constitution m cms regarct.

• 5. I am advised further still by Counsel for the Respondents that ih tne context aroresaiu song as tne estimates of Expenditure are laid in, and approved by, tne House of Assembly witnm a reasonable time after the time specitied in the Constitution therte is no violation or contravention of the said Constitution.

• 6. That the entire of public and private sectors re presently operating on tne oasis :t the Estimates of xoenditure aoorcved bv the House of Assembly.

• 7. I am advised by Counsel for Che Respondents and verily believe that no useful purpose can be served by the prayer for the declarations with respect to the laying in and approved by, the House of Assembly of the Estimates of Expenditure for the financial year 1995/1996.

• 8 I am advised by Counsel for the Respondents and verily believe that the Applicant is not entitled to the declarations sought and humbly pray that this Honourable Court dismiss this action and award tests tc the Respondents.

AFFIDAVIT

10 I, JACINTA ST HELENE tt Union, Quarter of Castries, hereby make oath and say as follows:

• 1 I no id the irretentive post Director of Finance (Fiscal) in the public service of the Government of Saint Lucia.

• 2. On 12th May, 15 95 I was appointed by the Governor-General to act as Director of Finance witn effect from I8th Aoril, 1995, until 21st August, 1995.

• 3. Both as Deputy Director of Finance and as Acting Director of Finance I have been involved in the revenue preparation and the annual estimates of txpenditure of the budget.

• 4. That with respect to the Estimates for 1995/96 there has been an unusual delay caused by.

  • (a) Late submissions by the various Ministries and Departments with respect to their budgetary requirement which is as a result of their concentration of post tropocal Storm Debbie rehabilitation work;

  • b) The fin-going negotiations with the unions representing public officers with respect to salaries and other conditions of service meant that accurate provisions could not be included in estimates and the budget;

  • c) Industrial action by certain puoiic officers affected, not only the Ministry of Finance, but also other Ministries and Departments wnich had a cumulative negative effect on the preparation of the estimates and the budget.

• 5. Although there has — been a delay in the laying of the estimates for 1995/96...