Herbert v A.G.

• Jurisdiction: Saint Kitts and Nevis
• Judge: Lewis, C.J.
• Judgment Date: 08 August 1967
• Neutral Citation: KN 1967 CA 5
• Docket Number: No. 3 of 1967
• Court: Court of Appeal (Saint Kitts and Nevis)
• Date: 08 August 1967

The West Indies Associated States Supreme Court. Court of Appeal

Lewis, C.J.,

Gordon, J.A.

Lewis, J.A

No. 3 of 1967

Herbert

and

A.G.

Appearances:

F.R. Wills for respondent.

Constitutional law - Emergency Powers Regulations, 1967 — Statement of charge — Grounds of determination.

Constitutional law - Civil rights — Right to freedom — Constitution of St. Kitts and Nevis, 1983.

Constitutional law - Powers of the House of Assembly — Vacancy in membership of the Assembly — Effect on subservient legislation passed.

Facts: Whether the statement of charge given to the appellant who was detained under an order issued by virtue of the Emergency Regulations satisfied section 15(1) of Constitution.

Facts: This was an appeal from an order dismissing an application made on behalf of the applicant for the issue of a writ of habeas corpus to secure his release from prison. It was argue that the detention order under which the appellant had been detained was in valid by reason that it contravened the constitution.

Facts: The House of Assembly by resolution moved to extend the state of emergency. Under it, the appellant was detained. He contended that his detention was unlawful. It was argued that by virtue of section 43(2) of the Constitution the House of Assembly was not validly constituted when the resolution was passed since only one of the three nominated members had been appointed.

Held: That section 15(1) of the Constitution requires detail grounds upon which the detainee is kept must be provided — The grounds set out in the statement were vague.

Held: That paragraph 3(1) of the Regulations under which the appellant was detained contravened section 3 of the Constitution and the detention order was therefore invalid and constituted a contravention of the appellant's right to freedom under the constitution.

Held: That the House of Assembly may act not withstanding any vacancy in its membership — Appeal dismissed.

Lewis, C.J.

1 JUDGMENT OF THE COURT DELIVERED BY This is an appeal against a judgment of Mr. Justice Glasgow sitting in this Circuit on the 20th of July 1967, in which he dismissed a summons by the appellant which, after amendment, asked for an order that a Resolution of the House of Assembly, dated the 6th day of June 1967, was null, void and of no effect to extend the state of emergency declared on the 30th May 1967 and that by reason thereof the detention of the appellant under that extended state of emergency was unlawful. It also asked for an injunction to restrain the Governor of this State and the Keeper of Her Majesty's Prison at Basseterre from doing any acts, which would in any way hinder the appellant in the exercise of his fundamental rights and freedoms and from leaving the prison unmolested by anyone. The injunction claimed hangs on the declaration asked for in the first part of the summons and is based upon the alleged invalidity of the resolution.

2 The relevant facts are set out partly in an affidavit filed in support of the summons and dated the 16th of June, and partly in evidence led at the hearing. The appellant is a barrister-at-law and a solicitor of this State and is the political leader of the People's Action Movement. He is now and has been since the 10th of June in detention under an Order of the Governor. The House of Assembly met on the 6th day of June 1967 and passed the resolution to which I have referred, extending the state of emergency to 30th November 1967. It is certified by the Speaker that the resolution was supported by the votes of nine members of the House of Assembly therein present and this, having regard to the membership of the House would be more than two-thirds of all the members of the House.

3 The case for the appellant has been very ably argued by learned counsel and this Court has listened with interest to the arguments he has advanced. He has referred to Sections 23 and 24 of the Constitution, which came into force on the 27th February 1967, and those sections set up a Legislature for this State. S. 23 says –

“There shall be a Legislature in and for Saint Christopher, Nevis and Anguilla which shall consist of Her Majesty and a House of Assembly”.

Section 24 states the constitution of the House.

“The House of Assembly shall consist of –

• (a) such number of elected members as corresponds with the number of constituencies for the time being established in accordance with section 48 of this Constitution, ……..”

  and...