ULP election petitions — a camouflage or convenience?

By Matthew Thomas

According to iWitness News, ULP candidates, Carlos Williams of the Northern Grenadines and Luke Browne of East Kingstown, both lodged in the High Court, election petitions respectively against Godwin Friday of the Northern Grenadines and Fitzgerald Bramble of East Kingstown as a result of the Nov. 27 general elections. The petitions were filed on Thursday, Dec. 18 – 21 days after the election was held.

The petitions, quite obviously, are a follow-up to objections laid against Friday and Bramble on nomination day, Nov. 10. The objections are that both candidates, Friday and Bramble, by virtue of their own act, swore allegiance to a foreign power or state. The objections, however, is based on sec. (26)(1)(a) of the Constitution which states:

26 (1) No person shall be qualified to be elected or appointed as a Representative or Senator (hereinafter in this section referred to as a member) if he-

(a)is by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power state.

Both Friday and Bramble are, however, basing their defence on Sec. (25)(1)(a) of the Constitution, which states:

25-(1) Subject to the provisions of section 26 of this Constitution, a person shall be qualified to be elected as a Representative if, and shall not be so qualified unless, he-

(a)    Is a Commonwealth citizen of the age of twenty-one years or upwards.

The objections, however, were rejected on nomination day and both candidates were nominated to contest the elections. This being a Constitutional matter, one would have thought that the matter would have gone to the High Court, via the attorney general prior to the election day. This, apparently, did not happen and, apparently, the supervisor of elections had the final say and both Friday and Bramble were allowed to contest the elections.

Statutory Declaration of a Person Nominated for Election as a Member of The House of Assembly

FOR (Insert name of constituency) CONSTITUENCY

Qualification of (insert name) nominated as a candidate for election as a member of the House of Assembly for the constituency of (insert name of constituency)                                                                        

I (insert names) of (insert address) do solemnly and sincerely declare as follows:

4. I am not by virtue of my own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state.

And I make this declaration conscientiously believing the same to be true and according to the Declaration in Lieu of Oaths Act (Cap)157) and I am aware that if there is any statement in this declaration which is false and which I know to be false or do not believe to be true I am liable to a fine and imprisonment.

Signed

Declared before me this (insert date) day of (insert month)  2025 Signed (insert signature)                                                                                  

Please note the Representation of the People Act Form 3 Rule 6 below.

The SVG constitution

Sec. 29 (3)(c) subject to the provisions of subsection (4) of this section, if any other circumstances arise that, if he were not a member, would cause him to be disqualified to be elected or appointed as such by virtue of subsection (1) of section 26 of this Constitution or of any law enacted in pursuance of subsection (2) or (3) of that section.

Sec. 29 (4)(a) If any circumstances such as are referred to in paragraph (c) of subsection (3) of this section arise because any member … reported guilty of an offence relating to elections and if it is open to the member to appeal against the decision (either with the leave of a court of law or other authority or without such leave) he shall forthwith cease to perform his functions as a member but subject to the provisions of this, he shall not vacate his seat until the expiration of a period of thirty days thereafter:

Provided that the Speaker may, at the request of the member, from time to time extend that period for further periods of thirty days … however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be without the approval, signified by resolution of the House.

Conclusion

If, therefore, Canada is neither a foreign power or state to SVG, it means, therefore, that both Canada and SVG are still colonies of the UK.

Matthew Thomas, retired pharmacist and political activist

Email: [email protected] or telephone +1-784-457-2067