![\"Commentary\"](\"http:\/\/dominicanewsonline.com\/news\/wp-content\/uploads\/2011\/07\/commentary2.jpg\")
As early as December 19, 2009, in the immediate aftermath of the December 2009 general elections, the issue of Voter ID Cards and cleaning up of the electors list were listed as two important campaign issues for the 2014\/2015 general elections.<\/p>\n
Followers of political developments in Dominica will recall that a mere one day after the last general elections, long before a concessionary speech accepting the results of the just concluded (December 18th 2009) elections the elections war cry was for a dedicated voters ID card and \u201ccleansing\u201d as it were, of the electoral list. On that fateful Saturday installment of the \u201cBetween You and Me\u201d Radio program, with some still reeling from the realization that it was 18 to 3, the dye was cast, the battle lines were drawn. There will be no elections until a reregistration of voters program has been undertaken and voter ID cards issued.<\/p>\n
Much has happened since. Interestingly, we have had two bi-elections without Voter ID cards and used the same list of electors. Absolutely no complaint. It is now June 2014 and judging from recent pronouncements, the issue will not go away any time, at least for some, even in the bright daylight of a recent Appeals Court judgment \u2013 the Highest Court in our land.<\/p>\n
Our society is governed by the principles of law and order. Like every other disciplined country, we have establish certain institutions at great expense to the tax payer to mitigate or arbitrate for us when disputes arise. Our disagreements are indeed wide ranging and diverse. But the courts as we have come to know stand in judgment over our affairs. Admittedly, not all decisions of the court will find favor with everybody all the time. Its decisions are not always popular or what we expect it to be at any one point in time. But the healthy functioning of the court system in our society was designed to maintain law and order and to seek to bring justice to each of us. In the absence of that important social balance, chaos and anarchy would reign supreme. Our society would disintegrate into one where the law of the jungle would prevail \u2013 survival of the fittest.<\/p>\n
In an election petition matter in Nevis, the OECS Supreme Court ruled and established the principles enshrined in law that must be adhered to when it comes to cleaning up, as it were – the electors list. Some may not like it, but that is the law. It is arguable that there is a need to review the law and or constitution. But let us accept that the present case law which was established after the Nevis elections petition, unless changed, is what that must drive and inform our very action when it comes to \u201ccleansing the electors list\u201d. What is so difficult about that? Why do certain practicing attorneys sing from a different hymn sheet on this matter when they know that the outcome of that case in Nevis has established the law?<\/p>\n
I do not profess to have any training in matters of the law, except to understand basic principles. Interpreting the law is not my business. Our system has created the court to interpret the law. And so, I humble to those who have sweated and by dint of hard and diligent work have succeeded in understanding how our society ought to function under the law. How we as citizens ought to comport ourselves as a disciplined people.<\/p>\n
To cite the present case law we refer to the election petition matter in Nevis. Case No HCVAP 2012\/003 between Joseph Parry and Mark Brantley; Case No HCVAP 2012\/004 between Leroy Benjamin, Bernadette Sylvester and Mark Brantley and Case No HCVAP 2012\/005 Between Hensley Daniel and Mark Brantley.<\/p>\n
I have read, painstakingly the judgments in this matter, I am not a jurist. All I possess is a modicum of understanding of the written language and I am sure I have some competence in this regard. The references to existing case law in other jurisdictions\/citations and arguments are compelling. My understanding is that once you have been legally registered to vote your name will remain on the voters list irrespective. It is a sacrosanct and blessed privilege that many have fought and indeed lost their life to achieve. It ought not to be subjected to the whims and fancies of anyone or power much more a political party.<\/p>\n
That court decision also provides the basis and procedures for removing the names of the any duly registered voter. The name of a duly registered voter can be removed from the list only upon death of the voter. Once the proper proof is given \u2013 an authentic death certificate, the name is removed promptly \u2013 no question asked.<\/p>\n
The other scenario where the name of a voter may be removed is not as simple as when a voter dies. Consider the case of Mr. Franko Charles. He has been a registered voter since 1979 and has exercised his franchise to vote at every general elections since 1980. In time Mr. Charles would leave Dominica for North America in search of the proverbial \u201cgreener pastures\u201d. Up to the time of the great financial meltdown, he was doing well and visited Dominica regularly. In January 2009 he visited for carnival and upon his return received his \u201cpink slip\u201d due to the hard economic times. For five years now there is doubt as to whether he has ever returned, not even for his dear Grand Mother\u2019s funeral or Kweyole Festival or carnival? Rumor has it that he was sighted in Colihaut at the ordination of Fr. Brakes. Who is keeping tabs on his travels to and from Dominica? Yes, there is the ED Card. But who is checking the ED cards for this specific information? Who has the evidence to prove that he has been away for five consecutive years and have never, ever returned? That is where the existing law as we understand it in layman\u2019s language and the recent Appeals Court ruling has to divorce, one taking precedence over the other.<\/p>\n
So since the judgment in 2013, those who clamor for cleansing the voters list seemingly has reverted to appealing to the conscience of individual electors \u2013 Frank Charles. If you know you have been away for five consecutive years without coming back to Dominica at any time, then don\u2019 come and vote.<\/p>\n
But in the case of Franko Charles there is a vigorous campaign to remove him from the electoral list because unlike \u201cis it the same Ronald Charles\u201d, heaven knows he will never, ever vote in a particular way and because he is coming to vote in a constituency where his one vote matters, he has to be stopped. Again, here is my understanding of what the last judgment from the Court of Appeal had to say.<\/p>\n
Those who would like the name Franko Charles to be removed from the electoral list must first make a complaint to the electoral office. In that complaint they must state their grounds for objecting and be prepared to provide evidence in support of their objection. The electoral office must then make contact with Franko Charles, advising him of the nature of the complaint, who is making the complaint and finally to afford him the opportunity to state his case why he should not be removed from the list. A hearing is summoned and the parties are given the opportunity to state their case. Due process they call it. Not at the whims and fancy or the smooth talk of any person or authority.<\/p>\n
I somehow get the distinct impression that those who are today crying out for \u201ccleansing\u201d the voters list are unconcerned about due process. They think that the name Franko Charles should be removed from the electoral, simply because they say so, not in writing or supported by evidence but because they say so and cry out loudly about Franko Charles being an illegal voter. They believe the name Franko Charles ought to be removed forthwith. But \u201cnothing t\u2019al go so man\u201d. Franko Charles according to the case law has to be told why anybody, group or authority would want his name removed.<\/p>\n
I am reminded about an attempt that was made a few short years ago to \u201ccleanse the voters list\u201d in La Plaine. That turned out to be a scandalous affair. A gentleman whose name was included among those to be removed as being dead, was alive and well walking the streets of La Plaine. Can you imagine that those who prepared the list are from La Plaine and living in La Plaine? What was the explanation? It was an unfortunate typographical error of sorts. But didn\u2019t somebody checked the list for accuracy before submitting it to the Electoral Office?<\/p>\n
I am sure the issue of \u201ccleansing up\u201d the voters list will remain a hotly debated matter in the upcoming election. Whatever is the basis of our action to clean or not to clean the list has to be informed by the Court of Appeal Judgment in the Nevis Election Petition matter. I urge all Dominicans to get familiar with the judgment. Every indication is that the campaign to remove certain electors from selected constituencies will continue. It may reach the streets. \u201cBoots on the ground\u201d may be attempted, voters will be intimidated as the campaign has already indicate. What prevails in the end is the law, the law and again the law. We can argue for a change of the law, even if to suit our present purpose. But the law has to be upheld every time.<\/p>\n
Opinions expressed in this commentary do not necessarily reflect those of Dominica News Online or its advertisers.<\/strong><\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":"As early as December 19, 2009, in the immediate aftermath of the December 2009 general elections, the issue of Voter ID Cards and cleaning up of the electors list were listed as two important campaign issues for the 2014\/2015 general…","protected":false},"author":16,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_cbd_carousel_blocks":"[]","footnotes":""},"categories":[13],"tags":[],"class_list":["post-119789","post","type-post","status-publish","format-standard","hentry","category-commentary"],"acf":[],"yoast_head":"\n