On September 4, 2024, a case numbered DOMHCV2024/0181 was filed in the Eastern Caribbean Supreme Court, High Court of Justice, in the Commonwealth of Dominica.
This legal matter requests multiple declarations from the Court regarding the General Elections conducted in Dominica on December 6, 2019, and December 6, 2022. Preliminary remarks from a spokesperson for the claimants indicate that the purpose of this case is reportedly to contest the legality and constitutional validity of these elections, with the goal of safeguarding the democratic rights of the citizens of Dominica.
See full statement below:
Case Number DOMHCV2024/0181 – Filed In The Eastern Caribbean Supreme Court In The High Court, Commonwealth of Dominica – Submitted Date, September 4, 2024
BETWEEN:
Tahira Blanchard of Pointe Michel 1st Claimant
Diane Victor of Mahaut 2nd Claimant
Michael Astaphan of Canefield 3rd Claimant
Nicholas George of Colihaut 4th Claimant
AND:
President of the Commonwealth of Dominica
Sylvanie Burton 1st Defendant
Chief Elections Officer
Ian Anthony 2nd Defendant
The Attorney General of the
Commonwealth of Dominica 3rd Defendant
Duncan Stowe 4th Defendant
Chairman of the Electoral Commission
Hilary Shillingford, 5th Defendant
Member of the Electoral Commission
Wayne James, 6th Defendant
Member of the Electoral Commission
Lennox Lawrence, 7th Defendant
Member of the Electoral Commission
Alick Lawrence, 8th Defendant
Member of the Electoral Commission
Dominica Broadcasting Corporation 9th Defendant
On Wednesday, September 4, 2024, a significant legal step was taken by a group of concerned citizens from the Commonwealth of Dominica. Diane Victor of Mahaut, Tahira Blanchard of Pointe Michel, Nicholas George of Colihaut, and Michael Astaphan of Canefield have filed a claim in the Eastern Caribbean Supreme Court in the High Court of Justice. The Defendants named in this claim are The President of the Commonwealth of Dominica, The Chairman of the Electoral Commission, The Chief Elections Officer, The Attorney General, The Commissioners of the Electoral Commission, and the Dominica Broadcasting Corporation.
The claimants are seeking several declarations, to include a declaration from the Court that the General Elections held on December 6th, 2019, and December 6th, 2022, were unconstitutional.
A declaration that Sections 7(c); 11(3)(c); 11(7)(iii) of the Registration of Electors Act Ch.2:03 of the Laws of Dominica are ultra vires and/or are in contravention of section 33(2) (a) of the Constitution of Dominica.
A declaration that the register of electors used during the 2019 and 2022 elections were not complied pursuant to the Laws of the Commonwealth of Dominica rendering the election results of both elections unconstitutional.
This legal action represents a critical moment in Dominica’s democratic history. The claimants, representing a broad cross-section of Dominican society, are challenging the legitimacy of the electoral processes that took place in the aforementioned elections. This challenge is grounded on concerns regarding the constitutionality of the elections and the actions and decisions taken by the Defendants named in the case.
The claimants contend that there were significant irregularities and breaches of the constitutional and legal frameworks governing elections in the Commonwealth of Dominica. They seek the Court’s intervention to uphold the principles of democracy, transparency, and accountability, which are the cornerstones of our nation.
The Claimants’ ultimate aim is that the rulings and decisions of the Court in this matter will provide guidance to citizens and those directly involved in the administration of future elections to ensure that all elections in Dominica going forward are conducted in accordance with the provisions of the Constitution and relevant laws and most importantly are free, fair and democratic.
This is a matter of great public interest, and it is essential that we, as citizens, are fully informed of the legal processes that safeguard our democratic rights. The claimants are committed to ensuring that the voices of all Dominicans are heard and that justice is served.
The claim will undergo a thorough judicial process in the Eastern Caribbean Supreme Court, where all parties will have the opportunity to present their evidence and arguments. We urge the public and the media to respect this legal process and allow it to unfold in the interest of justice and fairness.
The claimants emphasize that this action is not about political partisanship but rather about the integrity of our electoral system and the fundamental democratic rights of the people of Dominica. We call on all Dominicans to remain vigilant, informed, and engaged as we seek clarity and justice through the courts.
Further updates will be provided as the case progresses.
If I am not mistaken, this is much too late. I believe that the time allowed for petitioning the results of a general elections before the Courts is already expired on this. Good luck though.
For instance, in the UK, whose laws we follow, normally, a petition must be presented within 21 calendar days after the date of the return of the writ 5 (which in most cases will be the day after the election) and can be lodged at any time up to, but no later than, 12 midnight on the last day.
The elections in question are five years (2019) and two years (2022) ago respectively! This is very, very late!
Stop that level of ignorance MEME.Every election UWP say they WILL win,2000,2005,2009,2014 and 2019,and every time the lose they go to court.Skerrit and the Labour party is the only political party to invite observers to observe election in Dominica,three times.Everytime the observers report,the Dominica election was Free and fair and reflected the WILL of the Dominican people according to Doninica’s electoral law.One person from the OAS said,the election was FREE,but not GENERALLY fair.You MEME would be wilfully and deliberately lying when you say the CCJ findings was ignored.The case you are referring to was thrown out in the garbage pail,without being heard.How can a court make a ruling on findings on a case that was not tried?One Judge independently,said if what UWP say is true,elections OUGHT not to be held.Remember the election observers tasked with observing the elections told the world the election was FREE and FAIR.Everytime UWP lose election THEY say it was tainted.They…
@ Lin Clown
@Lin Clown
Almost all findings and recommendations have been in your face rejected by this corrupt Skerrit Labour Party..
Voter ID card
Sanitanization of the voters list.
Treating and all the others. Even the CCJ advice was rejected in the last bacanal Skerrit called an election.
So stop your foolishness.
Horse manure! Convoluted fuss! Just incoherent ramblings, as usual, from a cultist with severely diminished mental acuity.
Lin Clown, your teachers would be extremely embarrassed by your absurdity.
Both the Eastern Caribbean Supreme Court, and the Caribbean Court of Justice will find many, many, many, many reasons why those elections were improperly conducted. Even an ordinary “DUNCE CAT” with no formal schooling can see and argue that. I think the CCJ in particular is just waiting to pull the choke on those responsible, since their court findings have largely been ignored and disobeyed in the past, with what some percieve as impunity.
While this is happening though, the lazy bunch in opposition are largely absent on the ground doing any kind of meaningful work, as they rather to be in an air condition room talking, rambling, and babbling to the already converted. What a disaster!
Them guys make politics so difficult, when it’s supposed to be so simply.
You don’t go to the electorate just before an election. They’ll REJECT YOU, and they are 100% right! I support that!ππππππππππππ
The plot thickens
Dum dum dum ( dramatic music )
As we all know. Big bosses Larkinβs in the so called Supreme Court are gonna try there best to kaibosh that . And even though itβs been found to be illegal big boss gonna ignore the ruling
Weren’t they advised that there is a period and a process for petitions against election results and that this brief period has expired?
Idle people!!
@Peeping Tom
Why do you pay attention to idle people?
Just because you are idler than them? Are you that stupid?
If you are passionate about a worthy cause one should pursue to the its finality. Therefore, I applaud these conscientious electors for their indefatigable efforts to seek justice.
I wish again to encourage these patriots not to surrender nor retreat. The race is not for the swift but those who endure to the end. The efforts of your hard work may be bitter but the fruit of success is sweet. Keep journeying on!