Brantley et Al v Martin et Al

• Jurisdiction: Saint Kitts and Nevis
• Judge: Ramdhani J. (Ag.)
• Judgment Date: 12 February 2014
• Neutral Citation: KN 2014 HC 1
• Docket Number: SKBHCV2013/0090
• Court: High Court (Saint Kitts and Nevis)
• Date: 12 February 2014

High Court

Ramdhani. J. (Ag.)

SKBHCV2013/0090

Brantley et al

and

Martin et al

Appearances:

Mr. Douglas Mendes, SC leading Mr. Vincent Byron instructed by Mr. MacClure Taylor for the Claimants/Respondents

Mr. Anthony Astaphan, SC instructed by Ms. Angelina Gracy Sookoo for 1 ^st Defendant/Applicant

Dr. Henry L. Browne, QC leading Mr. Sylvester Anthony instructed by Ms. Angelina Gracy Sookoo for the 2 ^nd–9 ^th Defendants/Applicants

Lord Peter Goldsmith, QC PC leading the Solicitor General, Mrs. Simone BullenThompson and Ms. Nisharma Rattan-Mack for the 10 ^th Defendant/Applicant

Constitutional Law - Originating motion — Claimants sought to cause the Speaker of the Assembly to place no confidence motion in government — Whether court has power or discretion to intervene in the internal affairs of the National Assembly — Finding that the Assembly to determine the true nature of the motion — Whether the court has jurisdiction to determine issues raised in originating motion — Separation of powers — Parliamentary privilege — Finding that Courts entitled to enquire and intervene into the extent of privilege claimed — Whether the court has power pursuant to Section 96 of the Constitution to grant declarations and injunctive relief against the Speaker of the National Assembly in relation to matter of internal procedure of the Assembly — Finding that there was an implied substantive and procedural right and protection in the Constitution — The general rule against non-intervention in the affairs of Assembly did not operate to preclude the court's exercise of jurisdiction where there were constitutional provisions of internal procedure had been infringed — Section 96 of the Constitution.

1 Ramdhani J. (Ag.) These are two separate applications, one filed by the 1 ^st to the 9 ^th defendants, and the other filed by the 10 ^th defendant (the ‘defendants’) seeking not only to strike out the claimants’ (the ‘claimants’) originating motion for constitutional relief under section 96 of the Constitution of St. Kitts and Nevis, but also for certain specific declarations to ensure that the claimants never again attempt to invoke the court's jurisdiction to compel the Speaker of the National Assembly (the ‘Assembly’) to place any ‘motion of no confidence’ on the Order Paper for debate; this, the defendants say, is a matter entirely for the Speaker and the court has no role to play in such matter. Additionally, and in any event, they have asked that the court to remove the 2 ^nd to the 9 ^th defendants as there is no cause of action disclosed against them.

The Parties

2 The claimants are all elected representatives of the National Assembly (the ‘Assembly’). They are, in order as they appear on the pleadings, (1) the Hon. Mark Brantley of Montpelier Estate, Nevis, Barrister-at-Law and Solicitor, the elected Member of the Assembly for Nevis 9, and Leader of the Opposition, (2) the Hon. Sam Terrance Condor of Bird Rock, Basseterre, former Deputy Prime Minister, the elected Member for St. Christopher 3, (3) the Hon. Shawn K. Richards of Crab Hill, Sandy Point, elected Member for St. Christopher 5, (4) the Hon. Timothy Harris of Tabernacle, former Senior Minister, the elected Member for St. Christopher 7 (5) the Hon. Eugene Hamilton of Cunningham Heights, Cayon, the elected Member for St. Christopher 8, and (6) the Hon. Vance Amory of Church Ground, Nevis, the Premier of Nevis and elected Member for Nevis 10.

3 Except for the Speaker, all of the defendants comprise the Cabinet. The defendants, in the order that they have been named on the pleadings, are (1) Hon. Curtis Martin of Stapleton Estate, St. Kitts, the Speaker of the Assembly, (2) the Rt. Hon. Dr. Denzil Douglas of St. Paul, St. Kitts, medical doctor, Prime Minister and elected Member of the Assembly for St. Christopher 6, (3) the Hon. Dr. Asim Martin of Frigate Bay, St. Kitts, medical doctor, Deputy Prime Minister and elected Member of the Assembly for St. Christopher 1, (4) the Hon. Marcella Liburd of Bird Rock, Basseterre, St. Kitts, Barrister-at-Law and Solicitor, and elected Member of the Assembly for St. Christopher 2, (5) the Hon. Glen Phillip of Stonefort, St. Kitts, Member of the Assembly for St. Christopher 4, (6) the Hon. Patrice Nisbett of Camps, Nevis, Barrister-at-Law and Solicitor, and Member of the Assembly for Nevis 11, (7) the Hon. Richard Skerrit of Frigate Bay, St. Kitts, Senator on the Government benches, (8) the Hon. Nigel Carty of Saddlers, St. Kitts, Senator on the Government benches, and (9) the Hon. Jason Hamilton of LimeKiln, Basseterre, St. Kitts, Barrister-at-Law and Solicitor, Attorney General and Senator on the Government benches, and (10) the Attorney General of St. Kitts and Nevis of Government Headquarters, Basseterre, St. Kitts.

Brief Background Events

4 On the 11 December 2012, the Leader of the Opposition, the Hon. Mark Brantley, lodged with the Clerk of the National Assembly (the ‘Clerk’), what has been described as ‘motion of no confidence’ in the government of St. Kitts and Nevis’, and requested that it be placed on the Order Paper for debate in the Assembly. The ‘motion of no confidence’ which was lodged, is in the following terms:

Resolution

“Resolution of the National Assembly of Saint Christopher and Nevis for a Vote of no confidence in the Government of St. Kitts and Nevis caused by the poor Leadership of Prime Minister the Rt. Honourable Dr. Denzil L. Douglas.”

WHEREAS since the installation of the Rt. Hon. Dr. Denzil L. Douglas as Prime Minister of St. Kitts and Nevis and Leader of the Government of St. Kitts and Nevis our Federation has been governed in a manner which has undermined our Constitution, has led to disastrous economic outturns and lack of public confidence in his leadership and in his government.

AND WHEREAS the Prime Minister has constantly and willfully disregarded the Constitution of the Country.

AND WHEREAS the Prime Minister has undermined the Ministerial system of Government as prescribed in the Constitution.

AND WHEREAS the Prime Minister has failed to consult the Country prior to the Land for Debt Swap Agreement with the St. Kitts-Nevis and Anguilla National Bank Ltd with the resultant sellout of our patrimony.

AND WHEREAS the Prime Minister has refused to effect a decrease in electricity rates in St. Kitts with the result that household and commercial consumers find themselves unable to pay and some have had to return to early 20 ^th century modes of lighting with lamps and candles.

AND WHEREAS the Prime Minister has refused to uphold a system of good governance thereby destroying the public service.

AND WHEREAS the Prime Minister has mismanaged the financial affairs of St. Kitts and Nevis thereby incurring a massive national debt with defaults on bond payments and the imposition of haircuts without regard to the consequences for bondholders and the Country's financial image.

AND WHEREAS the Prime Minister has refused to have full ventilation with the Nation of the IMF conditions relative to the public debt.

AND WHEREAS the Prime Minister displays unruly parliamentary behavior and unruly extra parliamentary behavior even threatening to sell a fellow national.

AND WHEREAS the Prime Minister has attempted to further increase the number of senators in Parliament in the face of the IMF calls for a lessening of public expenditure.

AND WHEREAS the Prime Minister has instituted SIDF as an alternative to the consolidated fund to receive moneys which constitutionally are to be paid into the consolidated fund and thereby insulating the foundation from parliamentary and audit scrutiny and oversight.

AND WHEREAS the Prime Minister has as Prime Minister of Elections publicly supported the previous Supervisor of Elections in defying the directive of the Electoral Commission with the result that hundreds of registered voters in Nevis were illegally removed from the Voters List in Nevis causing tremendous harm and damage to the reputation of the electoral system in St. Kitts and Nevis.

NOW THEREFORE,

BE IT RESOLVED that this Honourable House expresses its concern and lack of confidence in the Government of St. Kitts and Nevis cause by the poor Leadership of Prime Minister, the Rt. Hon. Dr. Denzil L. Douglas.

BE IT FURTHER RESOLVED that this Honourable House calls for the immediate resignation of the Rt. Hon. Dr. Denzil L. Douglas as Prime Minister of St. Kitts and Nevis.

5 It would appear that on receipt of the ‘motion of no confidence’, the Clerk in the usual way, recorded the date and time he received it, and passed the original to the Speaker and copies to the Prime Minister, the Attorney General and the Secretary to the Cabinet. The Speaker, by letter dated 10 December 2012, had earlier informed the Leader of the Opposition that a motion properly submitted would be entertained at the earliest convenient time, subject to the exigencies of the Government business. The Speaker noted that it was impossible to include the motion on the Order Paper for the next sitting as the budget had already been slated for debate during that session. 1

6 Up until April 2013, however, the motion has not been placed on the Order Paper for debate, despite numerous requests by the 1 ^st claimant and others. The budget debates had been postponed but there were several sittings of the Assembly to debate other matters including the debates and vote on the Senators (Increase of Numbers) Bill 2012.

7 The evidence 2 presented to the court indicates that the Clerk had not received any instructions from the Speaker to place the motion on the Agenda for debate in the National Assembly. It seemed that despite a number of enquiries since the letter of the 10 December 2012 from the Speaker, no formal explanation for the ‘non listing’ of the motion was given to the 1st claimant.

8 The specific provisions of Standing Orders of the National Assembly3 (the...