By: Spokesman Newsroom
BASSETERRE, St.Kitts- (Friday 9th February, 2018) – The two-citizenship controversy gripping local politics moves to the High Court in 17 days (26 February) when the justice system will begin its job in judging whether the loyalty of Opposition Leader Dr. Denzil L. Douglas (the Defendant) to the Federation is legally damaged or not thus deciding whether his Parliamentarian seat is safe or not.
The Claimant in this matter, Attorney General Vincent ‘Juicy’ Byron Jr. of the three-party Team Unity Government led by Dr. Timothy Harris, is hoping that in the end the court will rule that Douglas, the Parliamentary Representative for Constituency Six of the St.Kitts-Nevis Labour Party (SKNLP), is both a citizen of St.Kitts-Nevis and also Dominica making him automatically disqualified from his position in the National Assembly as an alleged Dominican passport holder who has pledged allegiance to a foreign country to attain such.
Section 28 of the Federation’s Constitution prohibits representatives and senators from being elected or appointed as a member if he or she is by virtue of his or her own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state.
The Attorney General’s argument is that since the election to the National Assembly in February 2015, Douglas became disqualified from being elected as a member of the National Assembly and was accordingly required to empty his seat in accordance with the law of the Commonwealth of Dominica, under an acknowledgment of allegiance, obedience or adherence to a foreign power or state.
Dr. Harris-an ex SKNLP senior colleague who now heads the People’s Labour Party (PLP)- while giving opening remarks at his recent monthly press conference informed local media workers that the matter of the possession and use of a Dominican diplomatic passport is before the court.
“This is a matter of grave constitutional, political and parliamentary significance to the Commonwealth family with their rich Westminster model of democracy. Recent cases in Jamaica and Australia attest to the significance of this matter. The Constitution specifies who can be a member of the Parliament and how membership in the House is invalidated or brought to an end. Dr. Douglas then will defend the case as to whether he is in breach of the Constitution at section 28(1) (a) and the National Assembly Elections Act,” he said.
Additionally, Dr. Harris touched on party-politics saying: “Parliament must guard itself against imposters and fraudsters parading as duly elected members. In this regard, the question of eligibility of a member to serve in Parliament is a significant matter. Government has asked the court to make a determination on this matter. I understand that this matter is slated for hearing on February 26, 2018.
Is this a pre-general elections strategy?
On the topic of ‘Politics’, Dr. Harris also stated that members should resign when a conflict of dual citizenship arises.
“Elected members of Parliament must serve their constituents and parliament loyally and faithfully. There must not be divided loyalties between duty to constituents and Parliament on one hand, and loyalty to a foreign power on the other. When such conflict raises its ugly head, the member ought to resign,” he remarked.
Is Douglas facing political trouble?
Dr. Douglas at his Party’s recent press conference stated that the government is wasting tax payers’ money.
In a sitting of the National Assembly conducted on Tuesday 23rd January, Bryon (the Attorney General) reported that on the day before (Monday), a fixed date claim form was filed in the High Court Registry to initiate a matter to get the court to make certain declarations and findings.
That day during the parliament session, efforts made by Dr. Douglas, in attempting to clear his name amidst resignation rumours concerning dual citizen allegations fell short after a fall out with Speaker Michael Perkins resulted in him being labelled “totally out of order” with a five-day suspension.
However, in response via a media statement issued that day, he further dismissed claims about dual citizenship by underscoring his loyalty to the Federation of St.Kitts-Nevis and its people.
“Let it also be known yet again that I do not, have never, and will never hold citizenship for any other country except my homeland of St.Kitts and Nevis,” he said.
Is Team Douglas ready for this legal battle?
A member of Douglas’ legal team Anthony Astaphan, during a recent WINNF FM Interview with Clive Bacchus said: “I can tell you from my personal knowledge of this matter that Dr. Douglas did not swear an oath of allegiance to become a citizen of Dominica; he never applied and he was never granted citizenship.”
Furthermore, Dr. Douglas in responding to a question posed by a local reporter at the Party’s press conference replied in part: “My understanding is that once there is the issuance of a diplomatic passport, there is no need for no allegiance to be given to any country. It is bogus and fake that they are claiming that I have a second citizenship. They know I do not have a second citizenship. It is wasting people’s time. It is wasting taxpayers’ money and it is trying to take up our time as have been take up over the last five minutes trying to respond to it.”
Is this matter more than a case of accused constitutional breaching?
The SKNLP’s Parliamentary Representative for Constituency Three Konris Maynard speaking at the Party’s recent press conference said the government has “embarked on a distraction campaign.”
According to him: “The government continues to be scared of the experience and tactical prowess of the leadership in the St Kitts-Nevis Labour Party and they have embarked upon a process to try and discredit that because they realise that it will be a mountain of a challenge when the next elections are called and so I urge the public and media not to get distracted by this effort to discredit the leadership.”
Maynard highlighted that Douglas is the preferred leader of the country and not Harris.
“In the most recent polls conducted by our Party, it suggests that Dr. Douglas is the most desired leader in St.Kitts and Nevis across all parties .This is of course after the country has had a chance to effectively compare the two leaders that are on offer to our country and the electorate are saying they will reject Dr. Timothy Harris and that they prefer the leader of our Party Dr. Denzil Douglas,” he said.
Many citizens and residents are of the view that this dual- citizenship controversy is setting the tone for an early General Elections.
General Elections for St.Kitts-Nevis are due every five (5) years and although the next polling day is constitutionally due in 2020, the government can make an announcement for fresh elections before that timeframe.